1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Event Outside Our Control: is defined in clause 10 of these Terms;
Tour(s): a Fox & Squirrel tour advertised on our Website;
Order: your order for a Tour or any other Products made available on the Website;
Product(s): Any of the products available to purchase from the Website;
Terms: the terms and conditions set out in this document;
We/Our/Us: Fox & Squirrel Ltd; and
In these Terms, the following rules apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a party includes its personal representatives, successors or permitted assigns;
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) a reference to writing or written includes e-mails.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 Our Website will guide you through the steps you need to take in order 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.
2.2 After you place an order, you will receive an e-mail from us acknowledging that we have received 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 in clause 2.3.
2.3 We will confirm our acceptance to you by sending you an e -mail (“Order Confirmation”). The contract between us will be formed when we send you the Order Confirmation (the “Contract”).
2.4 If we are unable to accept your Order, for example because there are no places left available on a Tour or because of an error in the price on our Website, we will inform you of this by e-mail and we will not process your Order. If you have already paid for the Tour or a Product, we will refund you the full amount as soon as possible.
2.5 Please note that in order to make an Order in accordance with these Terms you must be at least 18 years of age. If you are under the age of 18 any Order made via the Website shall be invalid. PERSONS UNDER THE AGE OF 18 ARE NOT ELIGIBLE TO ATTEND THE TOURS.
OUR RIGHT TO VARY THESE TERMS
3.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
3.2 Every time you order a Tour or Products from us, the Terms in force at the time of your order will apply to the Contract.
3.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements; or
(b) for any other reason from time to time provided We notify you of the changes in a timely manner. Notification will be by some or all of the following: Our newsletter, the Website, by e-mail or by phone.
4. USE OF OUR WEBSITE
HOW WE USE YOUR PERSONAL INFORMATION
PRICE AND PAYMENT
6.1 You can only pay for Tours via PayPal. We accept payment via PayPal by MasterCard, Visa and American Express.
6.2 Payment for the Tours is in advance. We will not charge your debit card or credit card until we have sent you an Order Confirmation.
6.3 Prices do not include tips/gratuities to drivers; passport and visa fees; baggage and personal insurance; any items of a personal nature; transport or accommodation; and any beverages or food not specifically listed as being included in the Tour on the Website unless otherwise specified by Us.
YOUR CONSUMER RIGHT OF RETURN AND REFUND (PRODUCTS)
This clause 7 only applies if you are a consumer.
7.1 If you are a consumer, you have a legal right to cancel an Order for a Product during the period set out below in clause 7.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive a Product, you can notify us of your decision to cancel the Order and receive a refund.
7.2 However, this cancellation right does not apply in the case of:
(a) Tours (cancellation rights for which are subject to clause 8 below); or
(b) any bespoke or customised Products.
7.3 Your legal right to cancel an Order starts from the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the contract between us is formed. Your deadline for cancelling the Order is 14 days from the date of the Order Confirmation.
7.4 To cancel an Order, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our Website found here: http://foxandsquirrel.com/wp-content/uploads/2015/06/Cancellation-Form-Products.doc . If you use this method we will e-mail you to confirm we have received your cancellation.
7.5 If you cancel your Contract pursuant to this Clause 7 we will:
(a) refund you the price you paid for the Order. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of any Products (where applicable) if this has been caused by your handling 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.
(b) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.8;
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
7.6 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7.7 We will refund you on the credit card or debit card used by you to pay.
CANCELLATION OF TOURS AND REFUNDS
You may cancel an Order for a Tour provided that you do so more than 15 calendar days in advance of the date on which the Tour is taking place (“Valid Tour Cancellation”). If you make a Valid Tour Cancellation we will refund you 50% of the price you paid for the Tour less any applicable third party fees.
OUR LIABILITY TO YOU
9.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer 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 Our breach or if it was contemplated by you and Us at the time we entered into this contract.
9.2 We only supply Products for domestic and private use. You agree not to use Products for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) 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
(e) defective products under the Consumer Protection Act 1987.
EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
10.2 An Event Outside Our Control means:
(i) 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
(ii) an act or event caused by any third party (including those third parties who supply goods and services in connection with a Tour) which prevents us from providing the Tour in accordance with the description of the Tour on the Website.
10.3 If an Event Outside Our Control takes place prior to the date of a Tour that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) If possible, Our obligations under these Terms 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.
10.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Product. Please see your cancellation rights under clause 7. We will only cancel the contract if the Event Outside Our Control continues for longer than two weeks.
OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
We may have to cancel an Order before Products are delivered, due to an Event Outside Our Control or the unavailability of stock. If this happens:
(a) we will promptly contact you to let you know; and
(b) if you have made any payment in advance for any Product(s) that has not been delivered to you, We will refund these amounts to you.
INFORMATION ABOUT US
12.1 We are a company registered in England and Wales. Our company registration number is 07160031 and Our registered office is at 37 Camden High Street, London England NW1 7JE.
12.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by e-mailing Us at firstname.lastname@example.org.
12.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing, you can send this to Us by e-mail, by hand, or by pre-paid post to Fox & Squirrel Limited at 37 Camden High Street, London England NW1 7JE. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
We may, or may authorise a third party on our behalf, to take photographs or videos of the Tours for promotional purposes. By entering into the Contract You grant Us exclusive permission to use any photographs, videos or other promotional content we create during the Tour throughout the world in all and any media, including in Our printed publications, presentations, promotional materials, in the advertising of the our Products or Tours or on the Website.
OTHER IMPORTANT TERMS
14.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always tell you in writing if this happens, but this will not affect your rights under the contract or the obligations owed to you under the Contract.
14.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
14.3 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.
14.4 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
14.5 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.