These Terms set out our and your legal rights and obligations in relation to the Goods sold to you on this website. Please read them carefully and make sure you understand them before purchasing any Goods from us.
Agreement Definitions and interpretation
In these Terms, the following definitions are used:
Seller, Pukka Tents, we, our, us and ours – the business who is selling the Goods known as Pukka Tents, part of Martindale & Matthews Ltd, as identified in the clause below (Important Information about Pukka Tents);
Customer, you, your, yours and yourself – you (the person who purchases the Goods from us)
Contract – any agreement between us, the Seller and you, the Customer for the sale of the Goods;
Order Confirmation – an email from us to you acknowledging that the order for the Goods has been received in accordance with these Terms;
Goods – the Goods that are being sold to you on the Website;
Website – our website http://www.pukkatents.co.uk on which the Goods are advertised.
In these Terms, unless the context requires a different interpretation:
the singular includes the plural and vice versa;
references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of these Terms;
a reference to a person includes firms, companies, government entities, trusts and partnerships;
including is understood to mean including without limitation;
reference to any statutory provision includes any modification or amendment of it;
the headings and sub-headings do not form part of these Terms; and "writing" or "written" in these Terms, will include e-mail unless otherwise stated.
• Before placing an order, you will be asked to agree to these Terms. Please click on the button marked "I have read and agree to the Terms & Conditions" during the checkout procedure if you accept them. If you refuse to accept these Terms, you will not be able to order any Goods from our Website.
• These Terms and any Contract between Pukka Tents and you are only in the English language.
Use of the Website and personal information
• The use of our Website by you is governed by the Terms, which apply to any Contract.
• We may contact you in connection with the Contract by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
User comments, feedback and other submissions
• If, at our request you send certain specific submissions (for example contest entries) or without a request from us you send product feedback, user comments, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, verbally or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us, for promotional purposes or otherwise. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
• We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
• You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Pukka Tents website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Important information about making a purchase
• When registering to use our Website, you may set up a username and password. Where this happens, you remain responsible for all actions taken under the chosen user name and password and undertake not to disclose your username and password to anyone else and to keep them secret.
• When providing any information to us, you undertake that all information provided via our Website is accurate, current and complete, and to notify us of any changes which may mean that the information is inaccurate.
• We are authorised by you to contact any third party agencies, including credit reference agencies, to verify the accuracy of information provided by you, the Customer, where you have failed to comply with a request for verification of information from us.
• You may only purchase Goods from our Website if you are eligible to enter into a contract and are at least 18 years old.
• We accept responsibility for statements and representations made by our duly authorised agents. It is your responsibility to check that you have identified and are referring to the correct version of the Terms which is current on the date upon which the order is placed via our Website.
• Information and advice about a consumer's statutory rights in relation to Goods that are faulty or not as described, is available from a local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
How the order is processed
• The order process is set out on our Website. Each step allows you to check and amend any errors before submitting the order. It is your responsibility to check that you have used the ordering process correctly.
• After an order has been placed on our Website, you will receive an e-mail acknowledging that Pukka Tents have received the order (Order Confirmation). Once an order is placed, it becomes legally binding on the Customer. Submission by you and receipt by us of an order does not mean that Pukka Tents have accepted the order for the Goods. If we are unable to supply the Goods, for example because those Goods are not in stock or no longer available or because of an error in the price on our Website, we will inform you of this and will not process the order. If you have already paid for the Goods, we will refund the full amount as soon as possible.
• It is your responsibility to ensure that the Order Confirmation is complete and accurate and to inform us immediately of any errors. Pukka Tents are not responsible for any inaccuracies in the order placed by you.
• Timescales for delivery and delivery charges will vary depending on the availability of the Goods and the delivery address. Estimated delivery timescales are set out on our Website. Whilst we will use all reasonable endeavours to meet any delivery dates, all delivery dates are estimates and approximate only. Pukka Tents cannot guarantee delivery dates and times and time shall not be of the essence for delivery of the Goods. It is the responsibility of you to ensure that the Goods arrive prior to 24th December and other important dates.
• Delivery will be completed when Pukka Tents delivers the Goods to the address provided when the order was placed. The Goods will become the responsibility of the Customer from the completion of delivery.
• We may employ a reputable carrier to deliver the Goods. If you are asked for a signature upon delivery, it is the responsibility of you to examine the Goods before signing.
• Occasionally, delivery may be affected by circumstances beyond our control. See the clause below (Circumstances beyond the control of Pukka Tents) for our responsibilities when this happens.
• The Customer does not own the Goods until Pukka Tents have received payment in full.
If Goods from our Website are to be delivered outside the United Kingdom, you will be responsible for:
• ensuring that the address is in a country to which we will carry out a delivery. You must check on the Website for a list of the countries where delivery may take place, or contact us for verbal confirmation; and
• the payment of import duties and taxes which are applied when the delivery reaches that destination. Pukka Tents have no control over these charges and cannot predict their amount. You must contact your local customs office before placing an order; and
• compliance with all applicable laws and regulations of the country for which the Goods are destined. Pukka Tents will not be liable or responsible if the delivery is a breach of any local law or regulation.
Price and payment
• The price of the Goods will be as set out on our Website at the time that your order is placed. Prices for Goods may change from time to time, but changes will not affect any order that has been acknowledged by us with an Order Confirmation.
• If a product has been listed at a lower/higher price by mistake and you have ordered that product, we will inform you as soon as possible and give you the option to either reconfirm your order at the correct price or to cancel it. If any errors are made in the calculation of VAT or a ‘Total Sales Amount” during a transaction, we will inform you as soon as possible and give you the option to either reconfirm your order at the correct price or to cancel it. If we are unable to contact you we will treat the order as cancelled. If you cancel and have already paid for the goods, a full refund will be issued.
• The price of the Goods includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of the Order Confirmation and the date of delivery, you must pay any increase, unless you have already paid for the Goods before the change in the rate of VAT takes effect. The prices of Goods exclude delivery charges, details of which are shown on our Website from time to time under Delivery & Returns and which will be added to the total amount due for the Goods. Delivery costs are available during the checkout procedure as well as verbally over the phone.
• Payment for Goods and any delivery charges may be made by credit/debit card. Payment must occur at the time that the Goods are ordered using the ordering procedure set out on our Website. Payment may also be made over the phone for the full amount due using credit/debit card, or via post with a cheque or via BACS (please request information). Credit and debit cards will not be charged until the Goods are dispatched. If payment is made by cheque Goods will be dispatched once the cheque has cleared.
• All Goods shown on our Website are subject to availability. We will inform you by e-mail as soon as possible if the Goods ordered are not available and will not process the order if already made.
• Sometimes product specifications from us or another manufacturer may change. In this event, we will do our best to provide a substitute of the same or better specifications at the same price. Due to the Pukka Tents policy of continuous product development, we reserve the right to change our own product specifications without prior notice and will not accept any subsequent liability as a result.
• All colours, sizes and measurements shown on the website are approximate.
• Where Goods provided by us come with another manufacturer's guarantee, the details are set out in the manufacturer's guarantee provided with the Goods.
• All authentic Pukka Products are covered by the Guarantee displayed on our Website.
• Any guarantee in this clause is in addition to the Customer's statutory rights in relation to the Goods that are faulty or not as described.
• If Pukka Tents fails to comply with these Terms, we will be responsible for loss or damage suffered by you that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of the breach or if the loss was contemplated by the parties at the time the order was accepted by us.
• If we install the Goods in your property, we will make good any damage to your home, property, office, accommodation or other facilities caused by us in the course of installation. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property discovered in the course of installation.
• We supply the Goods for domestic and private use. We supply the Goods for recreational and leisure use. You agree not to use the Goods for any re-sale purpose. You agree that if you use the Goods for any commercial or business purpose, that Pukka Tents has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Pukka Tents does not exclude or limit in any way our liability for:
• death or personal injury caused by its negligence or the negligence of our employees, agents or subcontractors;
• fraud or fraudulent misrepresentation;
• breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
• breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and defective Goods under the Consumer Protection Act 1987.
Pukka Tent Stoves, Tents/Tarps and other products:
• We accept no responsibility for the use or misuse of the Pukka Stoves or any other stove sold by us. All risks associated with the use of the stoves are with you. Pukka Tents does not accept any liability to any party for loss or damage incurred by use of the Pukka Stoves or any other stove sold by us, howsoever and for whatever reason caused.
• Tents/tarps by Pukka Tents are not treated with fire retardant chemicals. You are responsible for ensuring the proper use of a Pukka tent. Pukka Tents does not accept any responsibility for any liability to any party for loss or damage incurred through the use or misuse of our tents/tarps, howsoever and for whatever reason caused.
• You are responsible for ensuring the proper use of all Pukka Tents products. Pukka Tents does not accept any responsibility for any liability to any party for loss or damage incurred through the use or misuse of any of our products, how so ever and for whatever reason caused.
Circumstances beyond the control of Pukka Tents
Pukka Tents will not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause that is beyond its reasonable control. In these circumstances:
• we will contact you as soon as reasonably possible to notify you. Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the circumstances beyond our control. Where necessary, we will contact you to arrange a new delivery date after the circumstances beyond our control are over; and
• if you no longer wish to buy the Goods, you may cancel the Contract under clause below (Your cancellation rights and returns).
• If the circumstances beyond our control continue for longer than 12 weeks, we will cancel the Contract and refund money paid by you in advance.
Your cancellation rights and returns
You may cancel a Contract or order in the following circumstances:
• in the event of circumstances beyond our control where you no longer wish to buy the Goods in accordance with clause above (Circumstances beyond the control of Pukka Tents); or
• in accordance with the Consumer Contracts Regulations 2013, during the period of fourteen working days starting from the day after the date that the Goods are received. Working days means that Saturdays, Sundays or public holidays are not included in this period.
If you decide not to keep the Goods or to cancel a Contract in the circumstances permitted under this clause then:
• you must inform us of this in writing as set out in the clause below (Important Information about Pukka Tents). We may reply by email or by pre-paid letter to your address;
• you must return the Goods in their original packaging to our address for returns set out on our website or as set out in clause below (Important information about Pukka Tents), as soon as reasonably practicable and at your own cost;
• you must use reasonable endeavours to ensure that the Goods reach us without being damaged or lost. We may claim compensation from you for returned Goods which have been damaged whilst in your possession;
• you must return the Goods in the same condition as they were sold;
• we will refund the price paid for the Goods including any basic delivery charges.
In the unlikely event that the Goods are faulty, defective, wrongly delivered or mis-described you must give us notice of cancellation as set out above and:
• as well as refunding the price paid for the Goods and any applicable delivery charges paid for by you, we will arrange for collection of the Goods using our own courier. We may request you to supply photographic evidence of the faulty or mis-described Goods;
• Goods need not be returned in the same condition as sold but you must return the Goods in the best possible condition; and
• Goods should be returned with the original packaging, if available but will be accepted without the original packaging provided that you have taken all reasonable steps to ensure that the Goods reach us without being further damaged or lost.
• The right of cancellation and return of the Goods in this clause do not affect the statutory rights of a consumer in relation to Goods that are faulty or not as described.
Important information about Pukka Tents
• Pukka Tents, part of Martindale & Matthews Ltd, operates the Website http://www.pukkatents.co.uk. Martindale & Matthews Ltd is a company registered in England and Wales under company registration number 3132568 and with its registered office at Stadhaugh Manor Farm, Laxfield, Woodbridge, Suffolk IP13 8ER. The registered VAT number is 665658881.
• You can contact Pukka Tents by telephoning 01986 798113 or by e-mailing at firstname.lastname@example.org. For notice in writing (for example cancellation) required by these Terms the notice may be provided by e-mail, by hand, or by pre-paid post to Pukka Tents at Stadhaugh Manor Farm, Laxfield, Woodbridge, Suffolk IP13 8ER. Pukka Tents will contact you by e-mail, by hand, or by pre-paid post to the address in the Order.
• The Contract contains the whole agreement between the parties relating to its subject matter.
• Pukka Tents may transfer its rights and obligations under these Terms to another person or organisation, and will always notify the Customer in writing if this happens, but this will not affect the Customer's rights or our obligation under these Terms.
• The Contract is between Pukka Tents and the Customer. No other person shall have any rights to enforce any of its terms. The Customer has the right to enforce the manufacturer's guarantee.
• Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
• These Terms will be governed by and interpreted according to English law. This means a Contract for the purchase of Goods through the Website and any dispute or claim arising out of or in connection with it or these Terms will be governed by English law. All disputes arising under them will be subject to the exclusive jurisdiction of the English courts.
Changes to these Terms
Pukka Tents reserves the right to change these Terms as deemed necessary from time to time or as may be required by law, including for the purposes of:
• changes in how payments are accepted; or
• changes in relevant laws and regulatory requirements which apply to the Goods; and
• every time the Customer places an order via the Website for Goods, the Terms in force at that time will apply to the Contract between the Customer and Pukka Tents.
• Whenever any changes are made to these Terms in accordance with this clause, Pukka Tents will keep the Customer informed by stating that these Terms have been amended and stating the relevant date of the changes on the Website.
Intellectual Property Rights The Pukka Tents website is Copyright 2011 - 2016 Pukka Tents, part of Martindale & Matthews Ltd. Our website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance/styling, tone of voice, content, images and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
12 January 2016