Terms and Conditions

These terms and con­di­tions are the con­tract between you and The Last Pre­serve (“us”, “we”, etc). By vis­it­ing or using Our Web­site, you agree to be bound by them.

We are: David Frootko trad­ing as The Last Pre­serve of 1 Gest­ingth­or­pe Road, Sud­bury, Suf­folk CO10 7AX.

They are based on a set writ­ten by Net Law­man and released under licence. They pro­tect your rights as well as ours.

You are: Any­one using Our Website.

1. DEFINITIONS.

‘Car­ri­er’ means any per­son or busi­ness con­tract­ed by us to car­ry Goods from us to you.

‘Con­tent’ means any con­tent in any form pub­lished on Our Web­site by us or any third par­ty with our consent.

‘Con­tract’ means the legal­ly-bind­ing agree­ment between you and us for the sup­ply of the Goods;

‘Goods’ means any of the goods we offer for sale on Our Web­site, or, if the con­text requires, goods we sell to you.

‘Our Web­site’ means in this case the web­site, asso­ci­at­ed web pages and con­tent locat­ed at www.thelastpreserve.co.uk.

‘Post’ means means dis­play, exhib­it, pub­lish, dis­trib­ute, trans­mit and/or dis­close infor­ma­tion, Con­tent and/or oth­er mate­r­i­al on to Our Web­site, and the phras­es “Post­ed” and “Post­ing” shall be inter­pret­ed accordingly.

2. OUR CONTRACT WITH YOU.

1.1. These terms and con­di­tions apply in any event to you as a buy­er or prospec­tive buy­er of our Goods and so far as the con­text allows, to you as a vis­i­tor to Our Website.

1.2. This agree­ment is made only in the Eng­lish lan­guage. If there is any con­flict in mean­ing between the Eng­lish lan­guage ver­sion of this agree­ment and any ver­sion or trans­la­tion of this agree­ment in any oth­er lan­guage, the Eng­lish lan­guage ver­sion shall prevail.

1.3. This agree­ment con­tains the entire agree­ment between the par­ties and super­sedes all pre­vi­ous agree­ments and under­stand­ings between the parties.

1.4. Each par­ty acknowl­edges that, in enter­ing into this agree­ment, he does not rely on any rep­re­sen­ta­tion, war­ran­ty, infor­ma­tion or doc­u­ment or oth­er term not form­ing part of this agreement.

1.5. If you use Our Web­site in any way and make an order on behalf of anoth­er per­son you war­rant that you have full author­i­ty to do so and you accept per­son­al respon­si­bil­i­ty for every act or omis­sion by you.

1.6. We do not guar­an­tee that Goods adver­tised on Our Web­site are available.

1.7. The price of Goods may be changed by us at any time. We will nev­er change a price so as to affect the price charged to you at the time when you buy those Goods.

1.8. If you buy Goods from us under any arrange­ment which does not involve your pay­ment via Our Web­site; these terms still apply so far as they can be applied.

1.9. We do not sell the Goods in all coun­tries. We may refuse to deliv­er the Goods if you live in a coun­try we do not serve.

3. ACCEPTANCE OF YOUR ORDER.

1.10. Your order is an offer to buy from us. We shall accept your order by e‑mail con­fir­ma­tion. That is when our con­tract is made. Our mes­sage will also con­firm details of your pur­chase and tell you when we shall despatch your order.

1.11. If we do not have all of the Goods you order in stock you may can­cel all or part of your order.

1.12. The price payable for the Goods that you order and any addi­tion­al deliv­ery or oth­er charge is clear­ly set out on Our Website.

4. PRICE AND PAYMENT.

1.13. If we have under-priced Goods by mis­take, we will not be liable to sup­ply those Goods to you at the stat­ed price.

1.14. If we owe you mon­ey (for this or any oth­er rea­son), we will cred­it your cred­it card, deb­it card or Pay­Pal account as soon as rea­son­ably prac­ti­ca­ble but in any event no lat­er than 14 days from the date when we accept that repay­ment is due.

1.15. Prices include UK val­ue added tax (VAT).

1.16. Any infor­ma­tion giv­en by us in rela­tion to cur­ren­cy exchange rates are approx­i­mate only and may vary from time to time and with those of your cho­sen pay­ment provider.

1.17. Bank charges by the receiv­ing bank on pay­ments to us will be borne by us. All oth­er charges relat­ing to pay­ment in a cur­ren­cy oth­er than pounds Ster­ling will be borne by you.

1.18. You do not own the Goods until we have received pay­ment in full. If full pay­ment is over­due we can choose, by notice, to can­cel any deliv­ery and end any right to use the Goods still owned by you, in which case you must return them or allow us to col­lect them.

1.19. We will deliv­er the Goods to the address stip­u­lat­ed by you dur­ing the order process and with­in any agreed peri­od or with­out undue delay and not more than 30 days after the day on which the Con­tract is entered into.

5. DELIVERY.

1.20. If we agree with you to deliv­er on a par­tic­u­lar day or at a par­tic­u­lar time, we will do our best to com­ply. But no time giv­en is to be treat­ed as con­trac­tu­al. So we are not liable to you for any expense or incon­ve­nience you incur on account of delayed deliv­ery or non-delivery.

1.21. Deliv­er­ies will be made by the Car­ri­er to the address stip­u­lat­ed in your order. You must ensure that an adult aged 18 years or over is present to accept the deliv­ery. If you or your nom­i­nee fail, through no fault of ours, to take deliv­ery of the Goods at this address, we may charge the rea­son­able costs of rede­liv­er­ing them.

1.22. The Goods will become your respon­si­bil­i­ty from the com­ple­tion of deliv­ery when risk of dam­age to, or loss of, any Goods will pass to you. You must, if rea­son­ably prac­ti­ca­ble, exam­ine the Goods before accept­ing them. Risk of dam­age to, or loss of, any Goods will pass to you after delivery.

6. FOREIGN TAXES AND DUTIES.

1.23. If you are not in the UK, we have no knowl­edge of, and no respon­si­bil­i­ty for, the laws in your country.

1.24 You are respon­si­ble for pur­chas­ing Goods which you are law­ful­ly able to import and for the pay­ment of import duties and tax­es of any kind levied in your country.

7. CANCELLATION AND RETURNS.

1.25 The fol­low­ing para­graph apply if youbuy as a con­sumer as defined in the Con­sumer Con­tracts (Infor­ma­tion, Can­cel­la­tion and Addi­tion­al Charges) Reg­u­la­tions 2013. Pro­vid­ed these Reg­u­la­tions apply to the trans­ac­tion con­cerned, then the fol­low­ing terms apply to the contract:

1.25.1. If you have ordered Goods, but not received them, you may can­cel your order with­out giv­ing a rea­son, at any time with­in 14 days of your order. You will have no oblig­a­tion and we will return your money.

1.25.2. If you have received Goods but sim­ply want to change your mind you may can­cel and return your order to us at any time with­in 28 days of the date you received them. You must tell us that you wish to can­cel via a clear state­ment by let­ter or email.

1.25.3 You are respon­si­ble for the cost of return­ing the Goods. We have no oblig­a­tion to refund to you, your cost of re-pack­ing and return­ing the Goods.

1.25.4 Your mon­ey will be returned if we receive the Goods in a con­di­tion in which we can re-sell them at full price, in new con­di­tion, with labels and pack­ag­ing intact and that you com­ply with our pro­ce­dure for returns and refunds. We can­not return your mon­ey unless we know who sent them.

1.25.5 In any of the above sce­nar­ios, we will return your mon­ey with­in 14 days.

1.26. If you are an enti­ty oth­er than a Con­sumer, such as a busi­ness, we do not accept returns unless there was a defect in the Goods at time of pur­chase or we have agreed in cor­re­spon­dance that you may return them.

8. LIABILITY FOR SUBSEQUENT DEFECTS AND RETURN OF DEFECTIVE GOODS.

1.27. Please exam­ine the Goods received from us imme­di­ate­ly you receive them. If you do not tell us of any defect or prob­lem with­in 30 days of receipt of the Goods, we shall assume that you have accept­ed them.

1.28. The Sell­er shall be under no lia­bil­i­ty in respect of any defect aris­ing from fair wear and tear, wil­ful dam­age, neg­li­gence, abnor­mal work­ing con­di­tions, fail­ure to fol­low the Seller’s instruc­tions, mis­use or alter­na­tion or repair of the Goods with­out the Seller’s approval.

1.29. The Goods must be returned to us as soon as any defect is dis­cov­ered but not lat­er than six months from receipt by you.

1.30. We will return your mon­ey sub­ject to the fol­low­ing conditions:

1.30.1. We receive the Goods with labels and pack­ag­ing intact.

1.30.2. You com­ply with our returns pro­ce­dure. We can­not return your mon­ey unless we know who sent them.

1.30.3. You tell us clear­ly what is the fault you com­plain of, when it first became appar­ent, and oth­er infor­ma­tion to enable us to iden­ti­fy or repro­duce it.

1.31. If any defect is found, then we shall repair or replace the Goods, or refund the full cost you have paid includ­ing the cost of return­ing the Goods.

9. PRIVACY.

1.32. Your pri­va­cy is crit­i­cal to us. We respect your pri­va­cy and com­ply with the Gen­er­al Data Pro­tec­tion Reg­u­la­tion­with regard to your per­son­al information.

1.33. These Terms and Con­di­tions should be read along­side, and are in addi­tion to our poli­cies, includ­ing our pri­va­cy pol­i­cy (www.thelastpreserve.co.uk/privacy-policy) and cook­ies pol­i­cy (www.thelastpreserve.co.uk/cookies-policy).

10. SECURITY OF OUR WEBSITE.

You now agree that you will not, and will not allow any oth­er per­son to:

1.34. link to Our Web­site in any way that would cause the appear­ance or pre­sen­ta­tion of the site to be dif­fer­ent from what would be seen by a user who accessed the site by typ­ing the URL into a stan­dard browser;

1.35. col­lect or use any prod­uct list­ings, descrip­tions, or prices;

1.36. col­lect or use any infor­ma­tion obtained from or about Our Web­site or the Con­tent except as intend­ed by this agreement;

1.37. aggre­gate, copy or dupli­cate in any man­ner any of the Con­tent or infor­ma­tion avail­able from Our Web­site, oth­er than as per­mit­ted by this agree­ment or as is rea­son­ably nec­es­sary for your use of Our Website;

1.38. share with a third par­ty any login cre­den­tials to Our Website.

1.39. Despite the above terms, we now grant a licence to you to cre­ate a hyper­link to Our Web­site for the pur­pose of pro­mot­ing an inter­est com­mon to both of us. You can do this with­out spe­cif­ic per­mis­sion. This licence is con­di­tion­al upon your not por­tray­ing us or any prod­uct or ser­vice in a false, mis­lead­ing, deroga­to­ry, or oth­er­wise offen­sive man­ner. You may not use any logo or oth­er pro­pri­etary graph­ic or trade­mark of ours as part of the link with­out our express writ­ten consent.

11. INDEMNITY.

You agree to indem­ni­fy us against all costs, claims and expense aris­ing direct­ly or indi­rect­ly from:

1.40. your fail­ure to com­ply with the law of any country;

1.41. your breach of this agreement;

1.42. any act, neglect or default by any agent, employ­ee, licensee or cus­tomer of yours;

1.43. a con­trac­tu­al claim aris­ing from your use of the Goods;

1.44. a breach of the intel­lec­tu­al prop­er­ty rights of any person.

12. INTELLECTUAL PROPERTY

1.45. We will defend the intel­lec­tu­al prop­er­ty rights in con­nec­tion with our Goods and Our Website.

1.46. Except as set out below, you may not copy, mod­i­fy, pub­lish, trans­mit, trans­fer or sell, repro­duce, cre­ate deriv­a­tive works from, dis­trib­ute, per­form, dis­play, or in any way exploit any of the Con­tent, in whole or in part.

1.47. Sub­ject to the oth­er terms of this agree­ment, you may down­load or copy Con­tent only for your own per­son­al use, pro­vid­ed that you main­tain all copy­right and oth­er notices con­tained in it. You may not store elec­tron­i­cal­ly any sig­nif­i­cant por­tion of any Content.

13. JURISDICTION AND COMPLAINTS.

1.48. This Con­tract (includ­ing any non-con­trac­tu­al mat­ters) is gov­erned by the law of Eng­land and Wales.

1.49. Dis­putes can be sub­mit­ted to the juris­dic­tion of the courts of Eng­land and Wales or, where the Cus­tomer lives in Scot­land or North­ern Ire­land, in the courts of respec­tive­ly Scot­land or North­ern Ireland.