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Terms And Conditions Of Outdoor & Cycle Concepts Limited

This page (together with our Privacy Policy tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the products  listed on our website to you, including how you and we may change or end the contract and what to do if there is a problem .

 

These Terms will apply to any contract between us for the sale of products to you (“Contract”).

 

  • Please read these Terms carefully, and make sure that you understand them, before ordering any products from our website.   By submitting your order to us you will be deemed to have accepted these Terms;
  • We amend these Terms from time to time. Every time you wish to order products, please check these Terms to ensure you understand the Terms which will apply at that time.

 

These Terms were most recently updated on 18/07/2017.

 

Please note that the statements in our Help Desk and translations of these English Terms and Conditions are provided as a courtesy for your convenience and are not intended to modify these Terms in anyway.

 

1. Information About Us

Who we are. We are Outdoor & Cycle Concepts Limited, a company registered in England and Wales under company number 03382348 and with our registered office at Unit 11, Kemble Business Park, Crudwell, Malmesbury, Wiltshire, SN16 9SH.  Our main trading address is Unit 11, Kemble Business Park, Crudwell, Malmesbury, Wiltshire, SN16 9SH. Our VAT number is GB771695393.

 

We operate the following websites:

 

How to contact us. To contact us, for any reason, you can find all our contact details on our contact page, e-mail us at customer.services@cotswoldoutdoor.com or contact our Customer Services team by telephone on 01666 817681 or by post to

Cotswold Outdoor

Outdoor and Cycle Concepts Ltd

PO BOX 75

Malmesbury

SN16 9WQ

 

If you are emailing us or writing to us please include details of your order to help us to identify it.

“Writing” includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

2. Our Products

Products may vary slightly from their pictures. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

 

Sizes, weights, capacities, dimensions and measurements are approximate only. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site are approximate only and subject to change, and are as provided to us by the manufacturers of the Products in question.

 

Product packaging may vary. The packaging of the Products may vary from that shown on images on our website.

 

Making sure you order the correct size. You are responsible for taking any measurements and ensuring that those measurements are correct. Please refer to the Product information on each Product page for details about size and measurements, and if you have any questions please contact us in one of the ways mentioned in section 1.2.1 above.

3. Minimum Age Requirements And Age Restricted Items

Minimum age requirements. We do not accept orders from persons under the age of 16. By placing an order with us, you confirm that you are at least 16 years old.

 

Certain Products on our website can only be purchased if you satisfy the legal age requirement for that product (“Restricted Products”). We are not allowed by law to supply these Restricted Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Restricted Products through our website. These Restricted Products are clearly labelled as such on the website and include, but are not limited to:

  • Any knives or bladed item;
  • Gas cylinders;
  • Lighting fluids.

 

If you purchase any of these Restricted Products via our website you will only be able to collect them in person at one of our stores.  We reserve the right to undertake identity and age checks at the point of collection and, if not satisfied as to your age, we reserve the right to refuse to allow you to collect the goods in question.  In this situation, we will cancel your order and we will not charge your debit card or credit card for the goods in question.

 

Certain DVDs that we sell are the subject of a legally prescribed age restriction, determined by the British Board of Film Classification. The relevant classifications are 12 and 15. The classification reflects the content of the DVD and you are therefore required to confirm that you are 16 years of age or over. We reserve the right to carry out further checks to verify your age with a registered credit reference agency and, if we are unable to verify you are the required age, we will cancel your order and will not charge your debit card or credit card for the DVD(s) in question.

4. When The Contract Is Formed Between Us

Our order process. Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

 

How we will accept your order. After you place an order, you will receive an e-mail from us acknowledging that we have received your order and inform you of your order. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order. However, please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place as described below.

 

We will confirm our acceptance of your order to you by sending you an e-mail that confirms that the products have been dispatched or, in the case of Click and Collect, are ready for collection from your nominated store (“Dispatch Confirmation”). Your order is accepted by us and a Contract is formed between us when we send you the Dispatch Confirmation.

 

If we cannot accept your order. If we are unable to accept your order or are unable to supply you with a product we will inform you of this by e-mail and we will not process your order. There are a number or reasons why we may be unable to accept your order or supply a Product, for example:

  • The product is not in stock or no longer available;
  • We cannot meet your requested delivery date;
  • We have identified an error in the price or in the description of the product on our website;
  • A credit reference we have obtained for you does not meet our minimum requirements;
  • We reasonably believe that you are buying products from us with the intention of reselling them;
  • Wecause of unexpected limits on our resources which we could not reasonably plan for;
  • Because you have ordered a Restricted Product and we have been unable to verify your age.

5. Resale Of Our Products

Products are provided for personal use only. We only supply the products for your own domestic and private use.

 

Our rights before we accept your order. If we reasonably believe that you are buying products from us with the intention of reselling them, we may:

  • Refuse to accept your order; or
  • Accept your order subject to agreeing additional or alternative terms with you.

 

Our rights after we have accepted your order. If we can demonstrate that you are buying products from us with the intention of reselling them:

  • We may cancel your order; or
  • Treat your order as though you are buying products in the course of your business.

 

If we can demonstrate that you are buying products from us with the intention of reselling them. You will not be a ‘consumer’ for the purposes of the Consumer Contracts Regulations 2013 or the Consumer Rights Act 2015. As a result:

  • Any rights that are granted only to a ‘consumer’ under the Consumer Contracts Regulations 2013 or the Consumer Rights Act 2015 shall not apply to you;
  • Different terms will apply to any orders for products, namely:
    • Section 12 will not apply and if the products are faulty or mis-described, you may return them to us within 7 days after the day you (or someone you nominate) receives the products in accordance with the returns procedure, please see our Returns page for our returns address and returns policy. You must pay the costs of postage, and we may charge you a reasonable handling fee for processing your return;
    • You must pay the costs of returning any products to us (even where those products are faulty or mis-described);
    • You must pay for the products in full at the time of placing your order, and we will charge your credit or debit card immediately;
    • If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 6% a year above the Bank of England’s base rate from time to time; and
    • Our 30-day returns policy’ will not apply.

6. Our Right To Vary These Terms And Conditions

Changes to these Terms. We amend these Terms from time to time. For example, to reflect changes in relevant laws and regulatory requirements, or to implement ‘good practice’ or to improve the efficiency of our order and delivery process. We will always display the current version of these Terms on our website. Please look at the top of this page to see when these Terms were last updated. The version of these Terms displayed on our website at the time you place your order will be the Terms that apply to your order.

 

Your right to cancel if we change the terms of your order. If we have to revise these Terms as they apply to your order, or if some of the products you order are out of stock we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes (see section 13). You may cancel either in respect of all the affected products or just the products you have yet to receive.

 

If you opt to cancel in respect of products you have yet to receive.  We will provide you with a refund as soon as possible for the price you have paid, including any delivery charges.

 

If you opt to cancel in respect of products you have already received. You will have to return (at our cost) any relevant Products you have already received before we can  arrange a  refund of the price you have paid for the Products you have received, including any delivery charges, which will be made as soon as possible following our receipt of the returned products from you..

 

If all products that you order are out of stock. We will cancel your order (see section 14) and provide you with a full refund, including any delivery charges.

 

Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements, or to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

 

Withdrawing special offers. We may withdraw any offer, special promotions or promotional code without notice at any time.

7. When You Can Make Changes To Your Order

If you wish to make a change to the product you have ordered before we have delivered it to you, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change, or the consequences of making the change are unacceptable to you, you may want to cancel your order (see section 12).

8. Delivery

Delivery costs. The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery page.

 

When we will provide the products. At the point of checkout you will be informed of your estimated delivery date(s), which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order).

 

We are not responsible for delays outside our control. Occasionally our delivery to you may be affected by an Event Outside Our Control. See section 21 for our responsibilities when this happens.

 

Next day and named day delivery. Where you have selected our “next day” or “named day” delivery service your order will be dispatched with the intention that it's delivered:

  • One day after dispatch (weekends excluded) in the case of next day delivery; or
  • On your selected delivery date in the case of named day delivery.

 

We use a number of different carriers for our delivery requirements but, irrespective of which carrier we use, delivery will be attempted by 21:00 on the day of delivery.

 

If we have dispatched your products to our carriers in accordance with our obligations above, then we have complied with our obligations. If your order does not arrive the next day please do contact us and we will do our best to determine why the order has not been delivered but we will not be liable to you for any costs or losses due to the late delivery.

 

If you are not at home when the product is delivered. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

 

If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and section 14 will apply.

 

When you become responsible for the products. Delivery of an order shall be completed when we deliver the products to the address you gave us or you collect them from us, or a nominated third party, and the products will be your responsibility from that time.

 

When you own the products. You own the products once we have received payment in full, including all applicable delivery charges.

 

Products we are unable to deliver. There are certain items which we are unable to deliver to your home. Unfortunately we cannot deliver gas or cooker fuel, as well as large, heavy and bulky items. We have a weight restriction of 30kg and size restriction of 1.5m in length and girth combined. If you would like to purchase an item online with any of the above restrictions you will need to collect them in store subject to the Click and Collect terms in section 9.

 

Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late.If we miss the 30 day delivery deadline, or any other deadline agreed between us, for any products then you may cancel your order straight away if any of the following apply:

  • We have refused to deliver the products; or
  • Delivery within the delivery deadline was essential (taking into account all the relevant circumstances).

 

Setting a new deadline for delivery. If you do not wish to cancel your order straight away, or do not have the right to do so under section 8.10, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.

 

Cancelling your order for late delivery. If you do choose to cancel your order for late delivery, you can do so for just some of the products or all of them, unless splitting them up would significantly reduce their value. If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled products and their delivery .

 

What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your choice of size and colour. If so, this will have been stated in the description of the products on our website. If you give us incomplete or incorrect information, we may either cancel your order (and section 14 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you giving us incomplete or incorrect information.

 

Reasons we may suspend the supply of products to you. We may suspend the supply of a product:

  • To deal with technical problems or make minor technical changes;
  • To update the product to reflect changes in relevant laws and regulatory requirements;
  • If we can demonstrate that you are buying products from us with the intention of reselling them (see section 5);
  • If we reasonably believe that you have failed to comply with these terms; or
  • To make changes to the product as requested by you or notified by us to you (see section 6).

 

Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to cancel your order for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you cancel the order.

 

We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to, for example, your payment is declined by your credit card provider or your bank, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. As well as suspending the products we can also charge you interest on your overdue payments (see section 17). 

9. Click And Collect

Where the product details specify a Click and Collect option, you can elect to have your products delivered, free of charge, to a Cotswolds Outdoor store convenient to you.  A list of all of our stores can be found here.

 

If you are ordering more than one product you can elect during the checkout process whether to have the products delivered to you, or to collect them via Click and Collect.  Unfortunately we are not able to complete orders for multiple products via more than one delivery method.

 

Upon choosing to utilise the Click and Collect service you will receive an email from us confirming that you have opted to collect your product(s) via the Click and Collect Service.

 

You will subsequently receive a Dispatch Confirmation email confirming when the products have arrived in your chosen store and are ready for collection.

 

Products will be held in store for a period of no more than 48 hours from the date on which you receive the Dispatch Confirmation, after which they will be returned to our central sorting facility.  This period can be extended, but such extension will be granted at the sole discretion of the manager of the store holding the products on your behalf.

 

To collect the products you will need to bring with you the Dispatch Confirmation and/or your order number and a form of photographic ID (for example, a driving licence or passport).

10. International Delivery

Delivery restrictions to certain international destinations.

 

Please note that while we will always use our reasonable efforts to accept an order from a customer located in an international destination, delivery to a particular international destination may not always be possible.

 

Please refer to the information on our product pages and the International Delivery section of our Delivery page for further details, and please contact us before you place your order if you are unsure about whether we can deliver a product to your international destination.

 

If you order products from our site for delivery to one of the international delivery destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination.  Please note that we have no control over these charges and we cannot predict their amount.

 

You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

 

You must comply with all applicable laws and regulations of the country for which the products are destined.  We will not be liable or responsible if you break any such law.

11. BFPO Deliveries

If you are a BFPO customer please ensure that you select 'BFPO' from the country drop down field when entering your address at the point of checkout. Failure to do this can result in your products being misrouted and may cause long delays.

 

For BFPO destinations that are exempt from VAT, the price will be adjusted once your order has been placed. It is essential that you select 'BFPO' from the country drop down field to qualify for this automatic exemption as we cannot apply retrospective refunds for VAT once your order has been despatched. Your order confirmation email will state the full retail value including VAT. We will send you a separate invoice showing the corrected amount, excluding VAT.

 

All BFPO deliveries will be delivered into Northolt via Parcel Force where they will then be distributed to the correct locations. Please be aware that once your products are handed over to BFPO, we cannot track the parcel and will have no control over its delivery.

BFPO deliveries are subject to the restrictions set out in the BFPO delivery section.

 

You may need to split your order into multiple consignments where the criteria set out in the BFPO delivery section of our delivery page are exceeded. If this is not possible, we will contact you directly.

 

Please allow up to 6 weeks for the delivery of your parcel.

 

Friends and Family. Please note that we are charged commercial rates for BFPO deliveries. If you wish to take advantage of the BFPO free delivery scheme for relatives and friends, you will need to take your parcel to the Post Office.

12. Your Rights To End The Contract

When you can cancel your order with us. Under the Consumer Contracts Regulations your rights to cancel an order will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract:

 

  • If what you have bought is faulty or misdescribed you may have a legal right to cancel your order (or to ask us to repair or replace the product), see section 15;
  • If you have just changed your mind about the product. You may be able to get a refund if you are within the cooling-off period or our 30 day returns’ period, but this may be subject to deductions and you will have to pay the costs of return of the products.

 

Cancelling an order because of something we have done or are going to do. If you are cancelling an order for any of the reasons in the bullet points below, the order will be cancelled immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

  • We have told you about an upcoming change to the product which you do not agree to (see section 6);
  • We have told you about a change to these terms which you do not agree to (see section 6);
  • We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed (see section 16);
  • You have a legal right to cancel the order because of something we have done wrong.

 

Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.

 

Our 30 day returns policy. Please note, these terms reflect the goodwill returns policy offered by us to our UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations. This goodwill returns policy does not affect your legal rights in relation to faulty or misdescribed products. Further details of our policy are available by clicking here.

 

When you don't have the right to change your mind.  You do not have a right to change your mind in respect of:

  • Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them (for example, underwear, swimwear, toiletries and fragrances);
  • Any products which become mixed inseparably with other items after their delivery;
  • Any products which have been specially ordered for you or manufactured to your specification; and
  • Sealed audio or audio-visual recordings, unless incorrect or defective, once these products are unsealed after you receive them.

 

How long do I have to change my mind? Where you wish to take advantage of the rights under the Consumer Contracts Regulations 2013, you have 14 days after the day you (or someone you nominate) receives the products. Where your products are split into several deliveries over different days, you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products. Where you wish to take advantage of the rights under our 30-day returns policy’, you have 30 days after the day you (or someone you nominate) receives the products.

13. How To Cancel Your Order (Including If You Have Changed Your Mind)

Tell us you want to cancel your order. To cancel your order, please let us know. You can find all of our contact details on our Contact us page.

Model Cancellation Form. You can complete the Model Cancellation Form information below,  print it off and post it to us at the address on the form. Or, you can simply write to us, by email or post, including details of what you bought, when you ordered or received it and your name and address.

 

To:

Cotswold Outdoor Ltd

Customer Returns

PO BOX 75

Malmesbury

SN16 9WQ

 

Telephone: 01666 575500

Email customer.services@cotswoldoutdoor.com

 

I/We* hereby give notice that I/we* cancel my/our* order for the following products:

Ordered/received* on:

Order number:

Name of customer(s):

Address of customer(s),

Signature of customer(s) (only if this form is notified on paper):

Date:

 

Returning products after cancelling your order. If you cancel an order you must return the products to us in accordance with the returns procedure available by clicking here. Please note that our returns address is:

 

Cotswold Outdoor Ltd

Customer Returns

PO BOX 75

Malmesbury

SN16 9WQ

 

If you are exercising your right to change your mind, you must send off the products within 14 days of telling us you wish to cancel the order.

 

When we will pay the costs of return. We will pay the costs of return:

  • If the products are faulty or misdescribed;
  • If you are cancelling an order because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

 

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.  

How we will refund you.  We will refund you the price you paid for the products (including delivery costs, where appropriate), by the method you used for payment. If you used vouchers to pay for the products then we may refund you in vouchers. We may make deductions from the price, as described below.

 

Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

  • We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your excessive handling of them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
  • The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer (namely our ‘standard UK delivery’ cost).

 

When your refund will be made. We will make any refunds due to you as soon as possible.

Your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, within 14 days from the day on which you provide us with evidence that you have sent the product back to us.

14. Our Rights To End The Contract

We may cancel an order if you do not comply with these Terms. We may cancel an order for a product at any time by writing to you if:

  • You do not pay us for the products when you are supposed to, for example, your payment is declined by your credit card provider or your bank;
  • You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
  • You do not, within a reasonable time, allow us to deliver the products to you;
  • We can demonstrate that you are buying products from us with the intention of reselling them (see section 5);
  • You are under 16 years old;
  • You use our website, or any content, images or material on our website, in a way that is not permitted by section 24;
  • You behave in an abusive or offensive manner towards our staff;
  • We are unable to verify your address or other details in order to satisfy our security procedure for delivery or card processing purposes.

 

If all products that you order are out of stock. We will cancel your order and provide you with a full refund.

 

You must compensate us if you do not comply with these Terms. If we cancel an order in the situations set out above, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you not complying with these Terms.

 

We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. In some circumstances, we may not be able to provide you with advance notice, for example, where a product is withdrawn from sale by reason of us complying with relevant laws and regulatory requirements. In all other cases, we will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

15. If There Is A Problem With The Product

How to tell us about problems. If you have any questions or complaints about the product, please contact us. All of our contact details can be found on our Contact Us page.

 

Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights. For more information about your legal rights please visit the Citizens Advice Bureau website www.adviceguide.org.uk or call 03454 04 05 06.

 

Your obligation to return rejected products. If you wish to exercise your legal rights to reject products, you should not attempt to repair the products and you must return them to us in accordance with the returns procedure available by clicking here. Please note that our returns address is

Cotswold Outdoor Ltd

Customer Returns

PO BOX 75

Malmesbury

SN16 9WQ

 

If, after we’ve had the opportunity to inspect the product, we agree that it is faulty, we will refund you the costs of the postage.

16. Price Of Products And Delivery Charges

Payment Methods

Where to find the price for the product. The prices of the products will be as quoted on our website at the time you submit your order. We take all reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered onto the system. However, please see below for what happens if we discover an error in the price of product(s) you ordered.

 

We will pass on changes in the rate of VAT. The price of a product 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 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.

 

Delivery Charges. The price of a product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery page.

 

What happens if we got the price wrong. Our site contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on our website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

  • Where the product's correct price is less than the price stated on our website, we will charge the lower amount when dispatching the Products to you;
  • Where the product's correct price is higher than the price stated on our website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or to cancel your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled, refund any sums you have paid and notify you in writing.

 

Obvious pricing errors. If a pricing error is obvious and unmistakeable nd could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect price and may cancel your order, refund any sums you have paid and require the return of any products provided to you

 

Promotions and Competitions

 

We may run promotions and/or competitions. We may, from time to time, run promotions and/or competitions.  Any such activity will be subject to these Terms and any specific terms and conditions that are clearly identified and brought to your attention on the specific web-pages for those promotions and/or competitions.

 

How you may use promotional codes. The promotional code will entitle you to receive a discount off the standard full price of products, the code cannot be used on reduced or sale products or in conjunction with any other offer, and cannot be used to reduce postage and packaging costs. The promotional code may only be used on one occasion before the expiry date of the promotion code, and by the person for whom it is intended to be used.  

 

Final Reductions 2017:

  • The promotion applies to selected lines online only and runs from Tuesday 5th September 2017 until Wednesday 13th September 2017 at 11.59pm BST whilst stocks last.
  • The promotion cannot be used in conjunction with any other offer or discount;
  • Offers may be changed or withdrawn without notice by Cotswold Outdoor Ltd and has no cash alternative;
  • You must complete your purchase of the Offer during the Promotional Period in order to receive the indicated discount;
  • Offers are available for Home Delivery and Click & Collect. Subject to stock availability, and whilst stock lasts;
  • No voucher code or discount code is required to receive the discount;
  • Standard terms and conditions for using the Cotswold Outdoor website apply. If you have any queries, please contact us.

 

Warehouse Clearance 2017:

  • The promotion applies to selected lines online only and runs from Tuesday 5th September 2017 until Wednesday 13th September 2017 at 11.59pm BST whilst stocks last.
  • The promotion cannot be used in conjunction with any other offer or discount;
  • Offers may be changed or withdrawn without notice by Cotswold Outdoor Ltd and has no cash alternative;
  • You must complete your purchase of the Offer during the Promotional Period in order to receive the indicated discount;
  • Offers are available for Home Delivery and Click & Collect. Subject to stock availability, and whilst stock lasts;
  • No voucher code or discount code is required to receive the discount;
  • Standard terms and conditions for using the Cotswold Outdoor website apply. If you have any queries, please contact us.

17. When And How To Pay

You can pay for products using a debit card or credit card, a Cotswold Outdoor gift voucher, gift card or via PayPal.

 

Payment for the products and all applicable delivery charges must be paid before you receive the products. We will not charge your debit card or credit card until we dispatch your order or, in the case of Click and Collect orders, when you collect the product(s) from your nominated store.

 

Please see section 18 for Special Orders.

Gift vouchers, gift cards and eVouchers are subject to their own specific terms and conditions.

 

Gift Vouchers

 

Cotswold Outdoor Gift Vouchers can be redeemed for goods in any Cotswold Outdoor store or online at cotswoldoutdoor.com. However, our vouchers cannot be redeemed for cash or gift vouchers or be used as payment on an existing credit agreement.

 

For purchases in store, where Gift Vouchers used have a greater value than the goods being purchased, no change will be given above £4.99. For online redemption, if the value of the items purchased is lower than the value of the gift vouchers the remaining balance will be lost. Multiple Gift Vouchers may be redeemed in the same transaction up to the value of the goods being purchased.

 

Gift Vouchers will expire 12 months from the date marked on the Gift Voucher. Gift Vouchers presented after their expiry date will be treated as void and are non-exchangeable and non-refundable.

 

Gift Vouchers cannot be returned or refunded, except in accordance with your legal rights. They should be treated as cash, as we are unable to replace a gift voucher if lost or stolen. We reserve the right to refuse to accept a Gift Voucher which it deems to have been tampered with, duplicated, damaged or which otherwise is suspected to be affected from fraud.

 

Gift Cards

 

Gift Cards can be purchased to any value between £5 and £1,000 and can be redeemed in multiple purchases until the balance is used. Gift Cards will expire on the date marked on the Gift Card holder. Gift Cards presented after their expiry date will be treated as void and are non-exchangeable and non-refundable.

 

To check the balance remaining of your gift card ask in store or contact customer services.

 

Gift Cards cannot be returned or refunded, except in accordance with your legal rights. They should be treated as cash, as we are unable to replace a gift card if lost or stolen. We reserve the right to refuse to accept a Gift Card which it deems to have been tampered with, duplicated, damaged or which otherwise is suspected to be affected from fraud.

 

eVouchers

 

Cotswold Outdoor eVouchers can be purchased for any value. For purchases in store, where eVouchers offered have a greater value than the goods being purchased, no change will be given above £4.99. For online redemption, if the value of the items purchased is lower than the value of the gift vouchers the remaining balance will be lost. Multiple eVouchers may be redeemed in the same transaction up to the value of the goods being purchased.

 

eVouchers will expire 12 months from the date marked on the eVouchers. eVouchers presented after their expiry date will be treated as void and are non-exchangeable and non-refundable.

 

eVouchers cannot be returned or refunded, and orders cannot be cancelled, except in accordance with your legal rights. They should be treated as cash, as we are unable to replace an eVoucher if lost or stolen. We reserve the right to refuse to accept an eVoucher which it deems to have been tampered with, duplicated, damaged or which otherwise is suspected to be affected from fraud.

 

If your payment is declined by your credit card provider or your bank. Your credit card provider or, your bank may charge you a fee. The amount of that fee is beyond our control. Where we incur any fee as a result of a declined payment you must reimburse us for the fee we incur.

 

We can charge interest if you pay late. If you do not make payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

 

What to do if you think a payment is wrong. If you think a payment is wrong, please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

18.  Special Orders

If we do not stock your preferred product, we can try to obtain the item direct from the supplier. However, the terms and conditions will differ between a standard stock order and a special order in the following ways:

  • If ordering in store, the store will require a 25% deposit on the product.
  • Delivery can take 2 to 3 weeks, but we will do our best to give you an indication of how long we expect the order to take.
  • If we are unable to source the product you require, we will notify you of this and refund any monies paid.
  • You need to be exact on your preference of colour and size. Any special order items are those that are being manufactured especially for you, which means that you will not have the right to cancel the order, once it is placed.  If you decide that you do not want the product after you have placed the order we will retain any deposit monies paid and reserve the right to charge you the cost price to us in obtaining the item for you.
  • No discount can be redeemed against a special order.
  • The supplier may charge a postal cost for a one off order and small order charge may also be included.  We will notify you of these costs as soon as we are aware of them.

 

Please contact us to discuss ordering a special order product  and the costs of doing so.

19. Manufacturer Guarantees

All of the products we sell to you come with a 12 month guarantee.  Sometimes we offer this guarantee and sometimes it is the manufacturer of the product.   If you have any concerns as to the quality of a product bought from us, or wish to make a claim under a warranty or guarantee, please do contact us in the first instance or return the item to your nearest store and we will do our best to assist you.

 

If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau’s website www.adviceguide.org.uk or call 03454 04 05 06, or Trading Standards office.

 

If you are an Explore More member we give you additional guarantee benefits.  The Explore More terms and conditions can be found in section 24.

20. Our Responsibility For Loss Or Damage Suffered By You

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious. that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.

 

We are not liable for business losses.  We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

We do not in any way exclude or limit our liability to you where it would be unlawful to do so. This includes liability for:

  • Death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
  • Fraud or fraudulent misrepresentation;
  • Defective products under the Consumer Protection Act 1987;
  • Any other breach of your legal rights in relation to the Products including the right to receive products which are:
    • As described and match information we provided to you and any sample or model seen or examined by you;
    • Of satisfactory quality;
    • Fit for any particular purpose made known to us;
    • And supplied with reasonable skill and care.

21. Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.

 

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

 

If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

  • We will contact you as soon as reasonably possible to notify you; and
  • Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

 

You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any delivery charges.

22. How We Use Your Personal Information

How we will protect your personal information. We use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

 

How we will use your personal informationWe will use the personal information you provide to us:

  • Undertake credit reference, fraud prevention and fraud detection searches, and to validate the information you provide us with other publicly-available records (such as the electoral roll);
  • To supply the products to you;
  • To process your payment for the products; and
  • If you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

 

We may pass your personal information to credit reference agencies. We may pass your personal information to credit reference agencies and other third parties to undertake the searches and validations mentioned above and they may keep a record of any search that they do.

 

We may monitor and record telephone calls. We reserve the right to monitor and record telephone calls to us, or made by us, in order to monitor staff performance and maintain service quality standards.

 

We will only give your personal information to other third parties where the law either requires or allows us to do so.

23. How To Contact Us If You Have Any Concerns

How to contact us in the first instance. We want you to be pleased with any purchase you make from us, so if there’s something you’re not happy with please let us know as soon as possible. All our contact details can be found on our Contact Us page.

 

If you are not happy with our initial response. Please send us an email at customer.services@cotswoldoutdoor.com.  We will respond to you within 14 days of receiving your letter with a suggested course of action to try and resolve the problem.

 

If we are unable to resolve your concernsIf you are not happy with how we have handled your concerns, you may want to contact an alternative dispute resolution provider. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. We will provide you with the name and contact details  of an alternative dispute resolution provider. You can submit a complaint via their website. You will not be charged you for referring the dispute to them and if you are not satisfied with the outcome, or if we do not engage in the alternative dispute resolution process, you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, available at http://ec.europa.eu/odr

24. Use Of Our Website

Terms on which we make our website available. By using our website, you confirm that you accept the terms set out in this section.. If you do not agree to the terms, you must not use our website.

 

We may update our website. We may update our website from time to time and change the content at any time. Any changes to the products or these Terms will be dealt with by section 6.

 

Our website may not always be accurate or available. We take all reasonable care to ensure that our website is accurate, but we cannot guarantee that our website, or any content on it, will be completely free from errors or omissions. We do not guarantee that our website will always be available or you will be able to use it without interruption. Access to our website is permitted on a temporary basis, and we may suspend or withdraw all or any part of our website without notice. We will not be responsible for any loss or damage you suffer if our website is unavailable at any time.

 

You must use our website lawfully. You may use our website only for lawful purposes. You may not use our website:

  • In any way that breaches any applicable local, national or international law or regulation;
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • For the purpose of harming or attempting to harm minors in any way;
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

 

Using our name and the images and material on our website. We are the owner of all intellectual property rights in our website, and in the images and material published on it. Those images and materials are protected by copyright laws around the world. Cotswold Outdoor Limited and our logo are our trade marks. All rights are reserved. You must not use any images or material from our website for any commercial purpose, for example, advertising products that you have bought from us for resale on other websites.

 

If you want to link another website to our website. You may create link from your own website to our website home page (but not to any other page of our website) provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not suggest any form of association, approval or endorsement by us of you or your website unless we have agreed with you in writing. You must not ‘frame’ our website on any other website.

 

Use of third party trade marks on our website. We use third party trade marks on our website for the purpose of describing and identifying the products that we sell on our website. We are not associated, linked or affiliated with the owners of any third party trade marks we use on our website, and do not endorse any of their businesses or products.

25. Explore More Terms And Conditions 

Explore More Benefits Scheme Terms & Conditions. The Explore More Benefits Scheme is operated by Outdoor and Cycle Concepts Ltd., Unit 11 Kemble Business Park, Crudwell, Malmesbury, Wiltshire SN16 9SH ("we", "us" or "our").

This page (together with our General Terms and Conditions, Community Terms of Use and our Privacy Policy) sets out the terms and conditions of the Explore More benefits scheme ("the scheme"). Where there is any inconsistency with our other terms and conditions, the terms and conditions set out below prevail.

Please read these terms and conditions carefully before using the membership card which we provide you under the scheme ("your membership card"). By registering with the scheme or using your membership card, you indicate that you accept these terms and conditions.

 

Registration to Explore More Benefits Scheme. Any individual who is aged 16 years or over and is a resident of Great Britain is eligible to become a member of the scheme. Our employees and any relatives of such employees are eligible to become members of the scheme, subject to the restrictions in these terms and conditions.

You can apply to become a member of the scheme by registering in any participating Cotswold Outdoor store or by calling the Explore More helpline 01666 575 500 (Monday to Friday 09:00 – 17.30). If you apply by telephone, you may be asked to register security details on your membership record to help us protect you against fraud. We reserve the right to refuse any application for membership.

 

Explore More membership card. As a member of the scheme you will receive a membership card which will remain our property. Your membership card is evidence of your membership of the scheme and you may be required to present this in certain circumstances.

A membership card is not a cheque guarantee, credit or debit card, and cannot be exchanged for any monetary value. Your membership card may only be used by you and for your benefit. You may not transfer any rights or duties of your membership. We reserve the right to withdraw any individual membership card at any time.

You can use your membership card at participating Cotswold Outdoor, Cycle Surgery, Runners Need and Snow+Rock stores, on the cotswoldoutdoor.com website or via phone or mail order. You cannot redeem any benefits of the scheme at any store which does not participate in the scheme, including (but not limited to) Rock Bottom Outlets, Harrods or Selfridges. We reserve the right to enrol, withdraw or amend the participation of any store in the scheme at any time.

 

Changes to Explore More Benefit Scheme. If your contact details change, please contact us on 01666 575 500 (Monday to Friday 09:00 – 17.30) or by email to exploremore@cotswoldoutdoor.com and we will update these for you. You may be asked to register or confirm existing security details.

We reserve the right to revise and amend these terms and conditions from time to time and we will notify you of such changes by using the contact details you have provided to us or by posting a notification on our website. You will be subject to the terms and conditions in force at the time that you make use of a benefit under the scheme. We reserve the right to withdraw this scheme at any time in accordance with these terms and conditions.

 

Two Year Guarantee. All products sold are covered by a manufacturers guarantee. These are normally twelve months unless otherwise stated from the date of the original sales invoice.

In addition to the first twelve months manufacturers guarantee for all purchases recorded against your Explore More membership we provide a further twelve months guarantee on all new products purchased from 1st September 2013 from Cotswold Outdoor; or purchased from 28th October 2015 from Snow+Rock, Cycle Surgery and Runners Need at no extra cost.

This guarantee covers items against failure to provide reasonable wear owing to defective workmanship or materials from reasonable wear.

If your item does develop a fault, we will arrange for it to be repaired or replaced, at our discretion, free of charge. If the item is replaced, and an exact replacement is not available, we will do so with one of equivalent specification.

The guarantee excludes faults caused by accident, neglect, including improper care, treatment or exposure to conditions deemed beyond normal conditions, misuse or where the product is deemed to have come to the end of its life through reasonable wear and tear. Any liability is limited to the item only and excludes any consequential loss.

 

Terms of Explore More member benefits

Monthly Prize Draw:

 

Until further notice, members will have the opportunity to be entered into a prize draw to win Cotswold Outdoor, Cycle Surgery, Runners Need or Snow+Rock gift vouchers.

 

(a) Entry for residents of Great Britain

As a resident of Great Britain (England, Scotland or Wales), each time you supply your membership card number when purchasing goods in a participating Cotswold Outdoor, Cycle Surgery, Runners Need or Snow+Rock stores in Great Britain, on the cotswoldoutdoor.com website or via phone or mail order, you will be automatically entered into the "Monthly Prize Draw".

If a member is resident in Great Britain but visits a Cotswold Outdoor store in Northern Ireland, he or she may obtain a free entry into the draw for that month by presenting their membership card at the counter and asking to be entered into the "Monthly Prize Draw".

 

(b) Entry for residents of Northern Ireland

For residents of Northern Ireland, no purchase is necessary. You may enter a free prize draw by presenting your membership card in a participating Cotswold Outdoor store and asking to be entered into the "Monthly Prize Draw", by sending your name, address and membership number on a postcard to the postal address set out below.

For residents of Northern Ireland only six entries are permitted each month. Each postal entry must be sent under separate postage and received by the closing date for the promotion in question, which will be the last day of the calendar month. If they are postmarked in one month but received the following month they will be entered into the draw for that following month for as long as such promotions continue to be held.

 

(c) Terms applicable to all entries

A member cannot make an entry on behalf of another person. No responsibility will be accepted for entries that are lost, delayed, mislaid or damaged in the post. Proof of posting will not be regarded as proof of delivery. Any entry which is illegible, contains false, incomplete or misleading information or is otherwise not in accordance with these terms and conditions will be ineligible for entry into the draw. No purchase is necessary. All prizes must be claimed within 3 months of notification of winning the prize.

All entries from residents of Great Britain and Northern Ireland go into the "hat" for each draw. Each prize draw is open until the end of that calendar month. Within 5 days of the closing date of each prize draw, we will randomly select a winner entry from all of the eligible entries during that calendar month. We will notify the winner by post within 10 days of the closing date of that prize draw.

 

(d) Notification of winner

We will present the winner with Cotswold Outdoor gift vouchers to the value of £100. All prizes will be provided to winners, within 30 days of the closing date of the prize draw by post or, where the winner agrees, having been offered this at our discretion, in person at a Cotswold Outdoor store. Normal Cotswold Outdoor gift voucher terms and conditions apply. Gift vouchers may be redeemed in any Cotswold Outdoor, Cycle Surgery, Runners Need or Snow+Rock store.

By entering a prize draw, you grant us permission to use your name and likeness for the purpose of announcing the winner of the prize draw and for any print, point of sale or other marketing materials relating to this prize draw. Entrants must retain all transaction receipts as proof may be required when claiming prizes.

If you are a winner, you may have to provide additional information (including, without limitation, proof of age, transaction or identity) and complete additional documents and return them to us within a specified period. If you fail to satisfactorily provide such information or complete such documents within the required time period, or if notification is returned as undeliverable, you may be disqualified as a winner and an alternative winner may be selected.

 

(e) Administration of prize draw

The Company is the promoter of this prize draw and all postal entries should be sent to: Explore More Prize Draw, Outdoor and Cycle Concepts Ltd., Unit 11 Kemble Business Park, Crudwell, Malmesbury, Wiltshire, SN16 9SH. No employee of the Company or a relative of an employee of the Company is eligible to enter this prize draw.

We reserve the right to disqualify any entrant and/or winner in our sole discretion if there is any reason to believe that there has been a breach of these terms and conditions or of the spirit of this prize draw. The Company's decision is final in all matters relating to this prize draw and no correspondence or discussion will be entered into. We will send to anyone on request the names of the winners in the 3 months immediately preceding any such request. Any request should be sent to the postal or email address set out in these terms and conditions and, if postal, should be accompanied by a self-addressed envelope. In the event of unforeseen circumstances the Company reserves the right to modify these terms and conditions prior to any closing date.

 

Explore More Offers. The promotion applies to the selected lines and whilst stocks last.

  • In order to receive the promotion price advertised you must be logged into your Explore More members account whilst browsing. Non-Explore More members can have access to the promotion by signing up to Explore More;
  • The discounted price advertised on the product detail page will be applied once the product has been added to your basket;
  • The promotion cannot be used in conjunction with any other offer or discount;
  • Offers may be changed or withdrawn without notice by Cotswold Outdoor. Valid for Explore More members only;
  • You must complete your purchase of the Offer during the Promotional Period in order to receive the indicated discount;
  • Offers are available for Home Delivery and Click & Collect. Subject to stock availability, and whilst stock lasts;
  • No voucher code or discount code is required to receive the discount;
  • Standard terms and conditions for using the Cotswold Outdoor website apply. If you have any queries, please contact us.

 

Offers and other additional benefits. From time to time we may provide you with additional offers and discounts which may be redeemed in participating Cotswold Outdoor, Cycle Surgery, Runners Need and Snow+Rock stores, on the cotswoldoutdoor.com website or via phone or mail order and with selected third parties. Such additional offers and discounts are subject to any additional terms and conditions that we notify to you from time to time.

 

PLEASE NOTE: All offers cannot be used in conjunction with any other offer or discount and are subject to availability.

26. Other Important Terms

We may transfer this agreement to someone else. We may transfer our rights and obligations under a Contract to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract. If you are unhappy with the transfer, you may contact us to cancel any outstanding orders within 30 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

 

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

 

Nobody else has any rights under this contract This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

 

If a court finds part of this contract illegal, the rest will continue in force Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.

 

Even if we delay in enforcing this contract, we can still enforce it later If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if we can demonstrate that you are buying products from us with the intention of reselling them and we accept your order, we can still take any of the action permitted by section 5 at a later date

 

Which laws apply to this contract and where you may bring legal proceedings. Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law and you can bring legal proceedings in respect of the products in the English courts. However, if you are a resident of Northern Ireland you may bring proceedings in the Northern Irish or the English courts, and if you are a resident of Scotland, you may bring proceedings in Scottish or the English courts.