Terms of Sale
Please read these terms of sale carefully. You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
In these terms of sale, "we" means Spotty Otter Limited (and "us" and "our" will be construed accordingly); and "you" means our customer or potential customer for products (and "your" will be construed accordingly).
(3) ORDER PROCESS
The advertising of products on our website constitutes an "invitation to treat"; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
(i) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout;
(ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details;
(iii) once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale;
(iv) you will be transferred to the Worldpay website, and Worldpay will handle your payment;
(v) we will then send you an initial acknowledgement; and
(vi) once we have verified that we are able to meet your order, we will either send you an order dispatch email confirming your order (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by checking the details on the order confirmation screen before making payment. You may correct those input errors before placing your order by clicking the edit button and adjusting the order as required.
(4) THE PRODUCTS
Spotty Otter is a seller of outdoor and active lifestyle clothing and equipment.
(5) PRICE AND PAYMENT
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated at the checkout.
In addition to the price of the products, you will have to pay a delivery charge, which will be as stated at the checkout. Further information can also be obtained from the 'Delivery' section of our website.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
Payment for all products must be made by any method detailed on the website from time to time.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
The prices on the website include all value added taxes (VAT) where applicable. If you are ordering from within the UK or the European Union all prices include VAT at a rate of 0% for children's clothing and footwear and 20% on other items, including any delivery charge.
If you are ordering from outside of the European Union all prices, including any delivery charge, exclude VAT. Your order will be dispatched with your excluding-VAT receipt, and you will be responsible for meeting any additional customs clearance charges once the goods reach your destination country. Import duties and local taxes payable vary widely from country to country and we recommend that you contact your local customs office for further information before placing your order.
(6) YOUR WARRANTIES
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete;
(c) you will be able to accept delivery of the products;
(d) you are resident in the United Kingdom of Great Britain or one of our specified countries where delivery can be made; and
(e) you are at least 18 years of age.
(7) DELIVERY POLICY
We will arrange for the products to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 30 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.
We can only deliver products ordered via the website to the countries outlined in our 'Delivery' section of the website.
(8) RISK AND OWNERSHIP
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
(9) RETURNS POLICY
We understand that from time to time you may wish to return a product to us. Where you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us where:
(a) we receive the returned product within 28 days following the date that you received the product;
(b) the returned product is unused, in its original packaging, with any labels still attached, and otherwise in a condition enabling us to sell the product as new; and
(c) none of the exclusions set out below apply.
Products returned under this policy must be sent to:
Spotty Otter Ltd
Unit 12 Parker Industrial Estate
You will be responsible for paying postage costs associated with returns under this policy. However, exchanged items will be sent at our cost for orders dispatched within the United Kingdom. Overseas orders may incur addition charges, but you will be notified should this be the case. We recommend that you use a Recorded Delivery Service so that you can claim in the event of a lost parcel.
The following kinds of products may not be returned under this policy:
(a) gift vouchers.
Where you return a product in contravention of this policy (and where you do not have any other legal right to return the product):
(a) we will not refund or exchange the product;
(b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and
(c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.
(10) "COOLING OFF" PERIOD
Under the Consumer Contracts Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 14 working days after the day you received the relevant products or products (subject to the limitations set out below). In order to cancel a contract in this way, you must give to us written notice of cancellation.
If you cancel a contract on this basis, you must promptly return the products to us, in the same condition in which you received them; ensuring that the returned product is unused, in it's original packaging, with any labels still attached, and otherwise in a condition enabling us to sell the product as new.
If you cancel a contract on this basis, you will be refunded in full (including the cost of sending the products to you, if you cancel the whole order). However, you will be responsible for paying the cost of returning the product to us.
If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.
(11) STATUTORY RIGHTS
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 14 days of the day we received your valid notice of cancellation.
Returning Goods Within Our 28 Day Returns Period
We will arrange a refund for the full price of any product properly returned by you in accordance with the terms of this returns policy, excluding the original delivery charges.
Cancelling and Returning Goods Within the 14 Day Cooling-Off Period
If you wish to cancel your whole order as allowed by the Consumer Contracts Regulations you can do this by returning the item/items to us within 14 days. You can also give written notice by email or letter. In this instance, we will arrange for a refund for the full price of any product properly returned by you in accordance with the terms of this returns policy, including the original standard delivery charge paid at the time of ordering (if the whole order is cancelled). We will not refund the cost of any Special Delivery or Express Delivery charges paid over and above our standard delivery charge. Overseas orders will be refunded the standard air service charge, within the limits of the original postage paid.
For orders cancelled after 14 days, or where only part of an order is returned, we will arrange a refund for the full price of any product properly returned by you in accordance with the terms of this returns policy, excluding the original delivery charges.
(13) LIMITATIONS AND EXCLUSIONS OF LIABILITY
Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.
The limitations and exclusions of liability set out in this Section: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
(14) GENERAL TERMS
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time â€“ providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section 12: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
(15) ABOUT US
Our full name is Little Trekkers Ltd trading as Spotty Otter.
Our registered office is Spotty Otter Ltd, 10 St John Street, Ashbourne, Derbyshire, DE6 1GH, United Kingdom of Great Britain, and our principal trading address is Spotty Otter Ltd, Unit 12 Parker Industrial Estate, Mansfield Road, Derby, DE21 4SZ,United Kingdom of Great Britain.
Our email address is [email protected].