website terms & conditions of sale
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply to you any of the products (the "Products") listed on our websites, www.eley.co.uk, www.eleyammunition.com and/or www.eleyammunition.co.uk (our "Sites" and each a "Site"). Please read these terms and conditions carefully and make sure you understand them, before ordering any Products from any of our Sites. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
If purchasing Products, you should print and retain a copy of these terms and conditions for future reference.
You will see that at the end of the ordering process there is an "Order" button - by clicking this button and proceeding with your order you are accepting these terms and conditions. Please click this "Order" button only if you accept them. However, please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Sites.
about us and our online store
We operate the websites www.eley.co.uk, www.eleyammunition.com and www.eleyammunition.co.uk. We are ELEY Limited, a company registered in England and Wales under company number 01640035 and with our registered office at Selco Way off First Avenue, Minworth Industrial Estate, Sutton Coldfield, West Midlands, B76 1BA, United Kingdom. Our VAT number is GB 197 5830 57.
questions and customer service
If you have any questions or comments about the online store, please email us at firstname.lastname@example.org or by contact us using the details below:
Selco Way off First Avenue
Minworth Industrial Estate
Tel: +44 (0)121 313 4567
Fax: +44 (0)121 313 4568
By placing an order for Products though our Site(s), you warrant that:
- you are legally capable of entering into binding contracts
- you are at least 18 years old
- you are a resident in one of the Serviced Countries
- you are requesting that the Products are delivered to a location in of the Serviced Countries
- you are accessing our Site(s) from that country
how the contract is made between you and us
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
Your order constitutes an offer to purchase the Products from us. By completing and submitting the order you are making an offer to purchase the Products selected which, if accepted by us, will result in a binding contract.
All orders are subject to availability and are subject to acceptance by us. We will confirm such acceptance to you by sending you a separate e-mail that confirms that payment for the Products has been taken from you (the "Confirmation E-mail"). The contract between you and us (the "Contract") will only be formed when we send you the Confirmation E-mail.
Following the Confirmation Email we will then send you a separate e-mail that confirms that the Products have been dispatched to you (the "Dispatch Email").
The Contract between you and us will only relate to those Products whose payment has been confirmed in the Confirmation E-mail and dispatch we have confirmed in the Dispatch E-mail. We will not be obliged to supply any other Products which may have been part of your order until the payment for such Products has been confirmed in a separate Confirmation E-mail.
Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of themselves. This will be brought to your attention at the time of placing your order and you should carefully review their terms and conditions, which will apply to that sale.
We may provide links on our Site(s) to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our Site(s), or from companies to whose website we have provided a link on our Site(s), will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
If you would like information about your legal rights you should contact your local trading standards or citizens advice bureau.
our returns policy
If you change your mind about any of the Products you have ordered, you may cancel a Contract within 7 working days of you receiving the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy set out below.
If you wish to cancel a Contract, you should inform us in writing at the address or e-mail address shown above, and return the Products to us in their original packaging and in the same condition in which you received them.
This clause does not affect your rights under law.
our refunds policy
If you return the Products in accordance with the above clause, we will refund the full cost of the Products as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation.
If you would like to exchange a Product you have bought (other than because it is defective, for example, because you have bought the wrong sized item), you must notify us via e-mail within 7 days of receipt of the original item and return the original item to us within 7 days of receipt. Provided that the original Product is returned to us in a suitable saleable condition (as determined by us), we will refund the full cost of the original Product within 30 days of the day we receive your returned item. You must then place a new order with us for the replacement Product. We will not refund the cost of the original postage and packing incurred. However, provided that the original Product is returned in a suitable re-saleable condition (as determined by us) and you provide us with proof of the amounts incurred, we will refund to you the cost of postage and packing incurred by you in returning the original Product to us, up to a maximum of £10.00.
If you return a Product to us for any reason other than changing your mind and other than where you would like to exchange a Product (for example, because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund or right to a replacement via e-mail within a reasonable period of time. We will process the refund or replacement due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund or replacement for the defective Product. If you would like a replacement Product instead of a refund, you must notify us via e-mail or phone within 7 days of the day we confirmed to you via e-mail that you were entitled to a refund or replacement. If we do not hear from you within the period, we will process a refund in accordance with these terms.
Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. Alternatively, if a replacement item is requested by you instead of a refund, we will dispatch this replacement Product to you free of charge, with no charge for postage and packaging of the replacement item, and will refund to you the cost incurred by you in returning the defective item to us. Any replacement Product will replace your right to a refund for the defective Product.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
price and payment
The price of any Products will be as quoted on our Site(s) from time to time (except in cases of obvious error) and exclude postage and packing costs, which will be added to the total amount due.
Our Product prices include VAT except for orders from the UK. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
Product prices and postage and packing costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation E-mail.
Our Site(s) contain a number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site(s) may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Site(s), we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
Payment for all Products must be by credit or debit card.
If you order Products from our Site(s) for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
risk and title
The Products will be your responsibility (and at your risk) from the time of delivery to the address you have specified.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charges, or on the date when the Products are delivered to you, whichever is the later.
We warrant to you that any Product purchased from us through our Site(s) is, on delivery, of satisfactory quality, conforms to its description and is reasonably fit for all the purposes for which Products of that kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this Contract is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the Contract. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
This does not include or limit in any way our liability to you for:
- death or personal injury caused by our negligence
- fraud or fraudulent misrepresentation
- defective products under the Consumer Protection Act 1987
- any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982
- any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability
Subject to the above clauses, we are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of data
Provided that this above clause shall not prevent claims for loss of or damage to your tangible property that fall within the terms the above clauses or any other claims for direct financial loss that are not excluded by any of categories of these clauses.
Where you buy any Product from a third party seller through our Site(s), the seller's individual liability to you will be set out in the seller's terms and conditions.
communications between us and you
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site(s), you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Site(s). For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to us at the address or e-mail address shown above. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in the clauses above. Notice will be deemed received immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
transfer of rights and obligations
The Contract between you and us is binding on you and us and on our respective successors and assignees.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
We shall not be liable to you for any delay or non-performance of our obligations under a Contract arising from any cause or causes beyond our reasonable control including without limitation any of the following: act of God, governmental act, strikes, war, fire, flood, explosion or civil commotion.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
No waiver by us of any breach of these terms and conditions shall be considered as a waiver of any subsequent breach of the same or any other provision.
These terms and conditions and any document expressly referred to in them (including any Confirmation E-mail or Dispatch E-mail) set out the entire agreement between you and us. They supersede any previous agreement or understanding and may not be varied except in writing between you and us. We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract between us are invalid, unlawful or unenforceable to any extent, the term, condition or provision will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
We may revise or amend these terms and conditions from time to time. You will be subject to the terms and conditions in force at the time that you order Products from us, unless we notify you of the change to these terms and conditions before we send you the Confirmation E-mail (in which case we have the right to assume that you have accepted the change to these terms and conditions, unless you notify us to the contrary within 14 working days of receipt of the Products).
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
The interpretation, construction, effect and enforceability of these terms and conditions or a Contract shall be governed by English Law, and you and we agree to submit to the exclusive jurisdiction of the English courts for the determination of disputes.