MEANING OF CERTAIN WORDS
“Butler Country Estates” means Butler Country Estates Limited, a company incorporated and registered in England and Wales with company number 8678720 whose registered office is at 37 Harvest Close Winchester Hampshire SO22 4DW.
“Website” This legal notice applies to the contents of the website under the domain name www.butler-country-estates.co.uk
“Customer” means the company, firm, organisation or person named in the Services Agreement
Please ensure you read the following Terms and Conditions for use carefully. These represent the Terms and Conditions for using this service from beginning to end. If you do not agree to these, please do not use this Website as permission to use our Website is solely on the basis of these Terms and Conditions. We reserve the right, at our discretion, to update and/or revise these Terms and Conditions. Please check periodically for changes.
NOTHNG IN THESE TERMS AND CONDITIONS AFFECTS YOUR STATUTORY RIGHTS. THIS IS AN AGREEMENT BETWEEN YOU AND BUTLER COUNTRY ESTATES.
1. Use of the Website
2. Purchasing, Security and Returns
3. Pricing, Descriptions and Product Information
5. Intellectual Property
7. Dealing with Third Party Suppliers
9. Limitations of Liability
1.USE OF THE WEBSITE:
1.1 Subject to these Terms and Conditions you are authorised to view and download our Website for your personal use only. Butler Country Estates may change, suspend or discontinue the Website at any time, without notice or liability including the availability of any feature or content.
1.2 You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Website, including, without limitation, modems, hardware, software, and long distance or local telephone service.
2. PURCHASING AND SECURITY:
2.1 To purchase goods from our Website you must be over sixteen years of age. You must give us your real name, address, phone number, email address and any other details that we may require to process your order.
2.2If you are under 18 or are not using your own credit/debit card to pay for the goods, you must ask the permission of the credit/debit card holder before entering the payment details. By clicking “Submit” you are confirming that you have obtained the express prior permission of the credit/debit card holder to purchase goods from our Website.
2.3 You must own or have the owner’s permission to access a Paypal account . Butler Country Estates is not liable nor responsible for any person’s unauthorised usage of a Paypal account to purchase goods from our Website. By using Paypal for payments you are bound to Paypal’s Terms and Conditions.
2.4 We reserve the right to decline any order at any time and at our sole discretion.
2.5 Butler Country Estates can not guarantee that all products will be in stock at the time of ordering from our Website. If a purchase is made for an out of stock item you will be notified as soon as possible and a solution or an alternative agreed between the customer and Butler Country Estates The order will not be fulfilled if no contact has been made from the customer, therefore Butler Country Estates will not be responsible for a late delivery.
2.6 Butler Country Estates reserves the right, in our absolute discretion, to terminate your access to all or part of the services with or without notice.
2.7 Butler Country Estates reserves the right in our absolute discretion to discontinue the Website or services, or any part thereof, at any time, with or without notice.
2.8 Butler Country Estates may change the Website and/or delete features in any way, at any time and for any reason.
3. PRICING, DESCRIPTIONS AND PRODUCT INFORMATION:
3.1 The prices which you must pay for the products that you order are set out on the Website at the time you place your order (plus a delivery charge).
3.2 The prices quoted on this Website apply only to products sold via this Website. Where the same products are available through our stockists different prices may apply.
3.3 All prices are shown in £s sterling and include VAT and. reserve the right to amend the pricing on the Website without prior warning.
3.4 Although we will take all reasonable care to ensure that all descriptions, details and prices of products appearing on the Website are correct at the time when the information was inputted onto the system, the information appearing on this Website at any time may not reflect the exact position at the moment you place an order.
3.5 Please be aware that the colours and appearance of our products may vary slightly from the way they appear on the screen and we cannot guarantee that your monitor screen will accurately reflect the colour of the product on delivery. All measurements and sizes are approximate, although we make every effort to ensure that they are as accurate as possible.
4.1 We deliver to mainland UK postcodes SO21, SO22, and SO23 addresses only at present. We cannot deliver to the Channel Islands, Isle of Man, Orkney, Shetland and Scottish Islands, BFPO addresses, or the Republic of Ireland.
4.2 Provided that we have processed and received payment in full for the products, ownership of an item will pass to you once we have delivered the item to you (either directly, or by leaving it in a safe place or with a neighbour, or, when the goods are handed to you or your representative.). When an item has been delivered, risk of damage to, or loss of, the item passes to you.
4.3 By placing an order you are agreeing to our chosen courier company’s Terms and Conditions and authorising them to accept signature from another person at the same address on your behalf if you are not present at the time of delivery.
4.4 Butler Country Estates will be under no liability for any delay or failure to deliver the products within estimated timescales. We exclude liability in contract or tort (except liability for death or personal injury caused by our negligence) for any loss, economic or otherwise incurred by or suffered by you in connection with any provisions included in these Conditions or by your use of our website.
4.5 Wherever possible and where customers have provided us with their mobile telephone number, a text message will be sent with delivery updates.
4.6 Where requested by the delivery driver, products must be inspected upon delivery and refused if any damage is found. Failure to notify us of any visible damage may result in claims not being accepted if the item has been signed for. Damage should be notified to the driver and noted on their delivery pad at the time of refusal. In most cases, any damage issue will be resolved by Butler Country Estates at the point of delivery.
4.7 You must not use a product that is damaged or different to that, which was ordered. Failure to comply with this will deem that you have accepted the goods and will be unable to return them because they are damaged or different to that ordered. Your statutory rights are not affected.
5.1 By joining our mailing list, you agree to receive information from Butler Country Estates in the form of emails and postal correspondence. Mailing list data and certain other information about you will not be shared with any other parties.
6. INTELLECTUAL PROPERTY:
6.1 The content of the Website are protected by copyright, trade marks and other intellectual property rights. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Websites without written permission from Butler Country Estates.
7.1 You agree to indemnify and hold Butler Country Estates harmless from all liabilities, claims and expenses that arise out of the content you submit, post or transmit via the Website or from your use/misuse of the site or the use/misuse by any person for whom you are responsible or from your violation of the Terms and Conditions.
8. DEALING WITH THIRD PARTY SUPPLIERS:
8.1 You agree that your dealings with Third Party Suppliers found on or through the service including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the Third Party Supplier, and you agree not to hold Butler Country Estates liable for any disputes you may have with such Third Party Supplier.
9.1 The Website may provide, links to other websites or resources. As Butler Country Estates has no control over such websites and resources you agree that links to third party websites are provided solely for your convenience and that Butler Country Estates is not responsible for the availability of such external sites or resources and is not liable for the content found at such sites or resources. If you decide to access any third party websites linked to the website you do so entirely at your own risk.
10. LIMITATIONS OF LIABILITY:
10.1 This Website is provided on an “AS IS” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
10.2 Butler Country Estates assumes no liability for any viruses or any other disabling features that affect your access to or use of the Website.
10.3 Butler Country Estates assumes no liability for any incompatibility between the Website and other websites, services, software and hardware.
10.4 Butler Country Estates assumes no liability for any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the Website.
10.5 Butler Country Estates assumes no liability for any modification, suspension or discontinuance of any of its Websites, domain names or services.
10.6 Butler Country Estates assume no liability for any use of the Website including, without limitation, direct, indirect, incidental or consequential loss or damages or any loss of profits, loss of revenue business interruption, loss or programme or otherwise. Nothing in these terms and conditions shall exclude or limit Butler Country Estates liability for:
a) death or personal injury caused by negligence; or
b) fraud or misrepresentation; or
c) any liability which cannot be excluded or limited under law.
10.7 While Butler Country Estates endeavours to ensure the Website is available 24 hours a day, Butler Country Estates shall not be liable if for any reason the Website is unavailable at any time, for any period.
11.1 The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
11.2 If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
11.3 This Agreement shall be governed by and construed in accordance with the laws of England and the parties submit to the non-exclusive jurisdiction of the English Court.