Spencer & Bond - Terms & Conditions

These Terms and Conditions govern your use of the Spencer & Bond website (the "Site") and your purchase of any goods from TPC Limited t/a Spencer & Bond ("Spencer & Bond", "we", "us" or "our").  Please read them carefully as they affect your rights and liabilities under the law. By using this site or ordering any goods from this site you, ("the buyer", "you" or "your") agree with us to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions you should not purchase any goods from this site.

This site is owned and operated by TPC Ltd t/a Spencer & Bond (a company registered in England and Wales. Company number 4587596.), VAT N°  GB 937 6797 57, whose head office is at Hambush Farm, Muchelney Road, Baltonsborough , Somerset, England, BA6 8QD to which you should address any comments or complaints that you may have about this site or our supply of goods. Alternatively, you may email us at info@spencerandbond.com.

These Terms and Conditions do not affect your statutory rights.

Ownership of Rights

All rights including, but not limited to, copyright, trade marks, database and other intellectual property rights in this website are owned by or licensed to Spencer & Bond. Any use of this website or its contents, including copying or storing it or using it in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Spencer & Bond. You may not modify, distribute or re-post anything on this website for any purpose.

Accuracy of Content

Spencer and Bond has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. All prices are displayed inclusive of VAT (VAT is not chargeable for destinations outside the EU). The weights, dimensions and capacities given are approximate only and are intended only to provide a general description of the goods. To the extent permitted by applicable law, Spencer & Bond disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. Spencer & Bond shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.

Amendments

We may update these Terms and Conditions from time to time and you should look through them as often as possible. The changes will apply to the use of the Spencer & Bond site as soon as they are published. If you do not wish to accept the new Terms and Conditions you should not continue to use the Spencer & Bond site. If you continue to use the site after the date on which the change comes into effect, your use of the Spencer & Bond site indicates your agreement to be bound by the new Terms and Conditions.

Excluded Services

The services provided by the Spencer & Bond site do not include the provision of computer or other necessary equipment to access the Spencer & Bond site. To use the Spencer & Bond site you will require internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.

Damage to your Computer

Spencer & Bond make every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it.  Spencer & Bond shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

Registration

To register with Spencer & Bond you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete.

You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

Password/Account Security

You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Spencer & Bond shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

Limitations of Use

You may not use the Spencer & Bond site for any of the following purposes:

• disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
• transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
• gaining unauthorised access to other computer systems
• interfering with any other person's use or enjoyment of the Spencer & Bond site
• breaching any laws concerning the use of public telecommunications networks
• interfering or disrupting networks or web sites connected to the Spencer & Bond site
• making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner

Spencer & Bond reserves the right to refuse to post material on the Spencer & Bond site or to remove material already posted on the Spencer & Bond site.

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlement sums paid by us as a result of any settlement agreed by us arising out of in connection with:

• any claim by any third party that the use of the Spencer & Bond site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
• any claim by any third party that the use of the Spencer & Bond site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
• any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Spencer & Bond site by you.

Where the order concerns the sale of alcohol you confirm that you are over the age of 18.

Availability of the Site

Spencer & Bond cannot guarantee that the service provided through this site will be fault free. If a fault occurs in the service you should report it to Customer Services by email at info@spencerandbond.com and we will attempt to correct the fault as soon as we reasonably can.  Your access to the Spencer & Bond site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Spencer & Bond will attempt to restore the service as soon as it reasonably can.
Spencer & Bond reserve the right to cancel or suspend your registration
Spencer & Bond may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Spencer & Bond site.

The suspension or cancellation of your registration and your right to use the Spencer & Bond site shall not affect either party's rights or liabilities.

Use of this Website from Outside the UK

Spencer & Bond make no representation that any products or services referred to in the materials on this site are appropriate for use, or available, in other locations and accessing the Spencer & Bond site from territories where its contents are illegal or unlawful is prohibited. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.

Availability of goods and Prohibited Goods

All items are subject to availability. We will inform you as soon as possible if any of the goods you have ordered are not available and refund to you the value of the unavailable goods, while shipping the balance of your order. This policy will also apply if any of the goods which form part of your order are prohibited from importation into the country of your designated delivery address.

Ordering Errors

You are able to correct errors on your order only up to the point at which you click on "submit" on the final page of our ordering process.

Acknowledgment and Acceptance of your Order

If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again or telephone you to confirm we have accepted your order. At this point the contract for our sale and your purchase of the goods shall be made and the contract shall be formed at the place from which our acceptance email is sent to you.  No contract will be formed until you receive confirmation from us that we have accepted your order.

Prices

The prices listed on this site are our prices prevailing at the time you submit your order. However, you accept that mistakes can be made when uploading prices onto the site, or that prices may vary between when we display a price and when goods are purchased. Accordingly, we may validate your order before we accept it. Where the correct price is higher than the price displayed on your order we may contact you by e-mail to let you know the correct price and provide you with the opportunity to cancel your order.

Payment

All payments shall be made in GBPounds (£). You may pay for any goods you order from this site using any credit or debit card that we accept from time to time by:

• this site on your order form; or
• telephone at +44 (0) 1458 850390

Payment of the whole of the price of the goods must be received by us before we can process your order and despatch the goods to you.  With each order that we deliver to you we shall deliver to you an invoice in respect of that order.  If we do not have sufficient stock of all or some of the goods in your order, we shall notify you by e-mail informing you of any suitable substitute items for you to select if you wish to change your order in this way. If there are no suitable items to replace those in your original order, we shall credit your credit or debit card with the full amount of the purchase price of the goods which were unavailable as soon as is reasonably practicable but in any event shall be no later than 30 days from the date of your order.

Delivery and Charges

Deliveries will be made by the courier appointed by Spencer & Bond at the address stipulated in your order.  It is your responsibility to ensure that someone is available to accept delivery.  Our chosen couriers are Royal Mail/Parcelforce and DHL or another courier who may be used at our discretion, from time to time.

Any stipulated period of time for delivery shall start from the date on which we accept your order and is approximate only.  If we are not able to deliver your goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery, we shall credit your credit or debit card with the full purchase price of the goods as soon as is reasonably practicable but in any event no later than 30 days from the date of your order.

Spencer & Bond regret that neither it nor its courier can be held responsible nor are we liable for any delay in delivery caused by delays by H. M. Customs and Excise or the Customs authority of another country.

Delivery charges vary for a variety of reasons.  They may depend on the type of goods ordered.  If you live or the delivery address stipulated by you is in a remote area a supplemental charge may be made of which you will be notified in advance and have the opportunity to withdraw your order before it is despatched.  Alternatively there may be a sudden increase in delivery charges due to unforeseen circumstances such as a rise in the price of oil, when a fuel surcharge may be made. Spencer & Bond regret that delivery charges cannot be refunded.

Spencer & Bond reserve the right to deliver the goods in instalments if the goods are not available at the same time for delivery and you are happy for us to do so.

Taxes

Where appropriate, VAT will be charged at the prevailing UK rate from time to time. You are responsible for the payment of any import duties and taxes levied in your country of residence. We have no control over these charges and cannot predict what they might be. You should contact your local customs office for further advice.

Risk and Returns

Risk in the goods shall pass to you on the collection from our depot by the courier appointed by us.

If, you are not satisfied with the goods (other than damaged goods for which please see below) contained in your order, or any part of your order or wish to cancel this Agreement for any reason you may do so, (subject to as expressly stated below), within seven (7) working days from the date following the date of delivery of the goods to you by returning the goods subject to the following conditions:

• the goods remain in their original condition, are undamaged and have not been tampered with in any way;
• the goods must be securely wrapped and with all original packaging, including the packing slip and an indication of the reason why the goods are being returned;
• you must notify us in writing of the cancellation or return to us.

We regret that we cannot accept returns for perishable goods such as food or handmade, specially commissioned or personalised goods.

Damaged Goods

In the event that the goods when delivered to you are damaged please notify us by email within 3 days of receipt specifying the damage. Please retain the damaged goods as delivered with all original packaging (where possible), including the packing slip and details of the damage to the goods. We will arrange for our courier to collect the damaged goods from you as soon as is practicably possible. We will credit your credit or debit card with the full purchase price of the goods returned as soon as is reasonably practicable but in any event no later than 30 days from the date of our receipt of the damaged goods.

Import Duties

You are responsible for all import duties payable on the goods which are delivered to you.  In the event that any goods are returned to us we regret that we cannot refund the import duties paid for such goods as the authorities will only reimburse the person who paid the import duty. You will therefore need to recover import duty for returned goods direct from the relevant authority.

Spencer & Bond Liability

The Spencer & Bond site is provided by Spencer & Bond without any warranties or guarantees. You must bear the risks associated with the use of the internet.

The Spencer & Bond site provides content from other internet sites or resources and while Spencer & Bond tries to ensure that material included on the Spencer & Bond site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Spencer & Bond will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Spencer & Bond site. If Spencer & Bond is informed of any inaccuracies in the material on the site we will attempt to correct the inaccuracies as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

• incompatibility of the Spencer & Bond site with any of your equipment, software or telecommunications links
• technical problems including errors or interruptions of the Spencer & Bond site
• unsuitability, unreliability or inaccuracy of the Spencer & Bond site
• inadequacy of the Spencer & Bond site to meet your requirements

To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Spencer & Bond site or your purchase of goods from us.

You agree that you shall not make any claim against Spencer & Bond to the extent that, as a result of any such claim, our aggregate liability in respect of all causes of action arising out of or in connection with your use of this site or our supply of goods to you (whether for breach of contract, in negligence or any other tort, under statute or otherwise at all), including for the loss or damage to goods whilst in transit, would exceed an amount equal to the value of the goods delivered to you by us under these terms and conditions. Spencer & Bond shall not be liable for any claim unless you give us written notice of the claim within 6 months of becoming aware of the circumstances giving rise to the claim or, if earlier, 6 months from the time you ought reasonably to have become aware of such circumstances.

Except as expressly provided in these Terms and Conditions, Spencer & Bond excludes all representations, conditions and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law.
Nothing in these Terms and Conditions shall exclude Spencer & Bond's liability for personal injury or death caused by its negligence.

Law, Jurisdiction and Language    

This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English Law.  The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales.  All contracts are concluded in English.

General

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and Spencer & Bond ignores this, Spencer & Bond will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

Spencer & Bond shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

 A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

Tel ~ +44 (0)1458 850390        email ~ info@spencerandbond.com