Terms & Conditions of Sale
Receiving orders at destination
Orders can either be shipped to the registered cardholder’s address, or an alternative delivery address. Please note, if goods are required to be left because nobody is there to receive them, a note will need to be left visible to the delivery driver. If goods are returned to us due to nobody being in to receive them a delivery charge will be made to cover our costs of re-delivery. Goods requested to be left without a signature will be the responsibility of the customer.
Payment Security
Here at Blackdown Agri Parts Ltd we take online payment security very seriously. We have the very latest SagePay Payment Gateway system installed on our site which is fully integrated with the website. This means that nobody sees your payment card details when you submit them with your online order, not even us. The details are directed straight through to SagePay, by-passing our web host and ourselves. You can also pay by PayPal, so you don’t even have to use a payment card at all. We believe our payment system is amongst the most secure payment systems available on the internet, so that you can order with complete confidence.
Terms And Conditions Of Sale
Blackdown Farm Services
Higher Warrens Farm, Churchinford, Taunton, TA3 7QN
TEL: 01404 891121 FAX: 01404 891161
By placing an order with Blackdown Agri Parts Ltd you are accepting these Terms & Conditions.
1. APPLICATION OF TERMS AND CONDITIONS
(a) The Seller is Blackdown Agri Parts Ltd, who contracts on these Conditions of Sale. Any additions, alterations or deletions to these Conditions of Sale will not be accepted unless they are expressly accepted by the Seller in writing. (b) The Seller accepts the Buyer’s offer to purchase the goods only by posting or otherwise sending to the Buyer the Seller’s Contract of Sale form.
2.PRODUCT DESIGN AND SPECIFICATIONS
Our policy is one of continual development and improvement. Customers are reminded that details and specifications of any product can change without notice. Customers should confirm any specific concerns regarding design or specification at time of our ordering with our sales officer.
3. FORCE MAJEURE
(a) RETAIL The Seller shall not be responsible for delay in delivery of the goods or any part thereof occasioned by any act of God, action by any Government, strike, lock-out, combination of workmen, riot or civil commotion, breakdown of machinery, power failure, fire, fuel shortage, loss and/or detention at sea, or any other contingency beyond its control. Should any of the goods be rendered unfit for delivery by any reason of the above acts, the Contract, as far as it relates to those goods, shall be deemed to be discharged.
(b) WHOLESALE The Seller shall not be responsible for delay in delivery of the goods or any part thereof occasioned by any act of God, action by any Government, strike, lock-out, combination of workmen, riot or civil commotion, breakdown of machinery, power failure, fire, fuel shortage, loss and/or detention at sea, or any other contingency beyond its control, provided that notice in writing, by facsimile or telex is given to reach the other party to the Contract within seven days of the defaulting party’s knowledge of the occurrence (in the case of resale such information shall be passed on without delay). Should any goods be rendered unfit for delivery by any reason of the above acts, the Contract, as far as it relates to those goods, shall be deemed to be discharged.
4. PROPERTY IN GOODS AND RISK
(a) All goods delivered by the Seller to the Buyer shall remain the property of the Seller until the Buyer has met all outstanding debts and contractual obligations in relation to the goods between the Seller and Buyer. Until such time as the Buyer has paid in full all monies owing for any goods and materials supplied by the Seller to the Buyer, the Buyer shall keep the same in a fiduciary capacity for the Seller.
(b) Risk passes to the Buyer on delivery of the goods, irrespective of whether or not property has passed.
5. ‘SPECIAL ORDERS’.
Goods which are ‘special orders’ cannot be considered for refund or return.
6. INCREASED CHARGES
Any increase in shipping, marine insurance, freight or landing charges between the time of sale and arrival of the vessel, are for the Buyer’s account.
7. BANKRUPTCY
If the Buyer has a Receiver appointed of any of his property or business undertakings, announces that he is ceasing to trade (other than for declared legitimate reasons such as retirement and continuing to honour all existing contracts) suspends payment and/or notifies any of his creditors that he is unable to meet debts or that he is about to suspend payment of his debts, convenes, calls or holds a meeting of creditors or, being an individual trade, commits an act of bankruptcy, is adjudicated bankrupt or makes any composition or scheme of arrangement with his creditors, or being a body corporate convenes, calls or holds a meeting for the purpose of going into liquidation (other than for the purpose of reconstruction or amalgamation) by the making of an Order or the passing of a resolution for winding up, then the full price of any goods delivered shall be immediately payable notwithstanding any previous arrangement to the contrary and the Seller shall have the right, without prejudice to any other rights and remedies available to them, to cancel and/or suspend deliveries. If the Buyer fails to make any payment as due or dies, the rights conferred on the Seller by this paragraph shall apply, provided that within 28 days after the relevant occurrence the Seller gives the Buyer or his representative written notification of the Seller’s intention to exercise all or any of such rights.
8. DELIVERY
Dates mentioned by the Seller in any quotation or correspondence are approximate only and not of any contractual effect. The Buyer shall accept delivery during the period agreed with the Seller subject to the provision of Clause 2 (Force Majeure) of this Contract.
All delivery times quoted on the website are are approximate and can be subject to variation. We cannot guarantee a specific delivery time due to the possibility of unforeseen delays. Claims for refunds for shipping charges due to any delay will not be considered.
9. CLAIMS
Claims based upon those defects of quantity, quality or condition which should be apparent upon reasonable examination shall be made immediately known by telephone, or and written confirmation despatched within 5 business days of arrival of the goods at the destination to which they have been consigned. Failure to notify BLACKDOWN AGRI PARTS within this period will result in refunds and replacements being denied. Goods that have been fitted or tampered with are non-refundable unless previously agreed. If orders are changed or cancelled after receipt by the customer, Blackdown reserve the right to levy a a 10% handling charge.
All delivery times quoted on the website are are approximate and can be subject to variation. We cannot guarantee a specific delivery time due to the possibility of unforeseen delays. Claims for refunds for shipping charges due to any delay will not be considered.
Claims for damaged goods will only be considered if the consignment has been signed for on delivery as ‘damaged’ by the receiver. Claims for goods not signed for as ‘damaged’ are considered to have been received in good condition. This is due to the fact that delivery companies will not consider claims for goods signed for ‘in good condition’ so we have no means of redress. All parcels carry a label explaining that goods must be checked on delivery before they are signed for.
If the receiver signs for a consignment without signing as ‘damaged’, they are confirming the goods have been received in good condition.
Deliveries using the Royal Mail Postal System.
To keep shipping costs down when you placed your order, you may have had the option to choose the Royal Mail as a delivery option. This option is only available for lower value items that are also light in weight. Please note that due to the low cost of this delivery method, this service is not tracked. That means we have no recourse with Royal Mail if order does not arrive. Should your order be lost in this delivery service, we are not able to re-send the item/s again free of charge. Please be aware that the responsibility for non-arrival of the order is with you, when you select this delivery option. If you want your order to include a tracking service, it has to go with a parcel carrier rather than the Royal Mail service.
10. LAW AND JURISDICTION
The construction validity and performance of this Contract and all matters pertaining thereto shall be governed in all respects by English Law and subject to the jurisdiction of the English Courts. Where applicable, the Uniform Law on International Sales are hereby excluded.
11. DESIGN & REPRODUCTION
Drawings, photographs, part numbers, layout and style are considered property. Reproduction in whole, or in part, is strictly prohibited without written consent. Measurements are approximate, Exact products may vary from that shown. All products are subject to availability. Trademarks Acknowledged.
BLACKDOWN AGRI PARTS has taken every care in the preparation of the content of this website and therefore 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.
These exclusions of liability shall not apply to any damages arising from death or personal injury caused by negligence of BLACKDOWN AGRI PARTS or any of its employees or agents.
12. VEHICLE & EQUIPMENT SUITABILITY & LEGALITY
It is the responsibility of customers to ensure that any goods supplied by Blackdown are suitable for their vehicle and are permitted in their Country or territory. Due to the wide ranging and ever-changing regulations regarding the fitment of accessories to road-going vehicles, Blackdown cannot advise in respect of local regulations regarding the fitment or use of any of its items offered for sale. Customers are strongly advised to notify their vehicle insurer when planning or carrying out any vehicle modifications.
13. PAYMENTS
All payments are in UK Sterling. Acceptable method of payment are, credit.Debit Card, Bank Transfer (BACS) or PayPal.
14.RETURNS
Returns will be considered for replacement or refund in specific circumstances. However, please contact us before any goods are returned to us.
An order may not be cancelled after it has been dispatched or whilst it is in transit, but in these circumstances will be treated as a ‘return’. In this eventuality a refund for the goods will be provided when the goods are returned to us, but shipping costs cannot be refunded in these situations.
Order Returns
Returns generally fall into one of four categories, each of which must be treated in a slightly different manner:
- Unwanted or otherwise unsuitable goods
- Damaged or defective goods
- Broken goods under warranty
- Incorrect goods dispatched
Unwanted or unsuitable goods
You are free to return unwanted goods in new & unused condition for 14 days after delivery. You will be entitled to your choice of an exchange or a full refund to the original payment card. The customer must meet the cost of returns postage for unwanted goods. We cannot accept responsibility for goods in returns transit, and so we recommend that you use registered post or an otherwise insured method.
Damaged or defective goods
You are free to return defective goods in new & unused condition for 14 days after delivery. You will be entitled to a choice of an exchange or a full refund to the original payment card. Blackdown Agri Parts Ltd will meet the cost of returns postage for defective goods. We can arrange for a courier pickup of the goods or we can refund your postage expenses (within reasonable limits) upon return delivery. Please note that the warranty given by both Blackdown Agri Parts Ltd and the manufacturers of our products will only cover parts costs. Labour charges and any other costs will not be covered.
Broken goods under warranty
You are free to return broken goods under a warranty claim for the full warranty period after delivery. Your goods may be repaired or replaced, or you may be offered a refund depending on the decision of the manufacturer. We will send the goods to the manufacturer for assessment but the final decision lies with the manufacturer and you may have to wait for their tests to be completed. The customer must meet the cost of returns postage for warranty claims. We cannot accept responsibility for goods in returns transit, and so we recommend that you use registered post or an otherwise insured method. Please note that the warranty given by both Blackdown Agri Parts Ltd and the manufacturers of our products will only cover parts. Labour charges and any other costs will not be covered.
Incorrect goods despatched
Occasionally the incorrect item/s is/are dispatched. You are free to return these goods in new & unused condition for 30 days after delivery. You will be entitled to your choice of an exchange for the correct item or a full refund. If you have been mischarged, we will correct the discrepancy. Blackdown Agri Parts Ltd will meet the cost of returns postage for defective goods. We can arrange for a courier pickup of the goods or we can refund your postage expenses (within reasonable limits) upon return delivery.
Important
Exchanges will only be made where the same item is available in stock at the same price as the original. Items bought at special offer prices cannot be subsequently exchanged for identical items on sale at higher prices. If an item is not available a full refund may be the only option.
All goods must be returned in new & unused condition unless a warranty claim is being made. We reserve the right to refuse returned goods if necessary. Reasons may include:
Where a full refund is the suitable course of action we have a statutory obligation to refund payment to the card used to pay for the order originally within 30 days of the return of the goods. However we do not believe it is right to hold your money for longer than necessary and so a refund will be provided as soon as possible.
IMPORTANT: Refunds are processed by credit & debit card companies less quickly than sales. A refund may take up to 10 days to appear on your statement after it has been authorised.
Exchanges Proceedure
If you are returning goods for an exchange we would normally have to wait for the goods to arrive with us and inspect them before we can send out the replacement. However we recognise that sometimes and exchange must be made quickly and so we can send out a replacement immediately. We must take payment for the replacement but as soon as the return arrives we will give you a refund on that cost.
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the property of Blackdown Farm Services or their respectful owners, they are not available
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