Bait & Artificial Bait
Banksticks, Buzz Bars, Rod Rests
Barrows & Trollies
Bite Alarms & Indicators
Bivvies, Brollies, Shelters
Boats & Bait Boats
Books & DVD's
Catapults, Spods & Sticks
Chair & Bedchair Accessories
Chairs & Bedchairs
Clothing & Footwear
Cooking, Camping Equip
Fish Care, Mats & Sacks
Floats,Starlites & Float Accesso
HeadLamps, Lamps & Torches
Hooklink Material,Wire & Traces
Hooks & Ready Tied Rigs
Landing Nets,Keepnets & Drogues
Leads, Shot & Feeders
Lines, Braids & Leaders
Pole Elastics & Pole Accessories
Pole Floats, Pole Rigs, Winders
Pole Rollers, Rests & Roosts
Poles,Top Kits & Whips
Rod Pods & Goalpost Kits
Rods & Rod Wraps
Scales, Slings & Tripods
Sleeping Bags & Covers
Tackle Boxes & Rig Storage
Tackle Sets & Combo Deals
|Conditions of Use (as of 1st June 2006)
|1. Terms and Conditions
1.1 These terms and conditions apply to all transactions entered into through this site. Please read them carefully. Your use of this site indicates your agreement to be bound by these terms and conditions. They do not affect your statutory rights.
1.2 We may change these terms and conditions at any time. Any changes will take effect on the date they are posted on this site (see date above).
2. Our Contract
2.1 You will have an opportunity to check and correct any input errors in your order up until you submit your order. The order is submitted by clicking the 'Purchase Now' button on the order review page.
2.2 This site constitutes our invitation for you to do business with us. Any order submitted by you is your offer to enter into a contract with us. Shortly after we receive your order, we will send you an e-mail confirming the products you have ordered and that we have accepted your order, subject to these terms and conditions, full payment and availability of the items you have ordered. A legally binding contract between us will only come into effect when our acceptance is dispatched.
2.3 Alternatively, we may decline all or part of your order for any reason, in which case we will email or telephone you advising you so.
2.4 Where goods are being purchased using a finance company or one of our finance partners, we must receive payment or confirmation by email or in writing from the said finance company that you have been accepted for credit for the full price of the goods that you have ordered before your order can be shipped. In the event that your order is shipped prior to us receiving full payment for the goods, then the goods will remain the property of The Fishing Warehouse Limited until cleared funds have been received.
2.5 When deciding whether or not to accept your order we may use certain information about you, including information received from credit reference agency checks. In particular, we may pass your details to a bank, finance company or credit reference agency for them to check your details against certain public and private databases. The credit reference agency may keep a record of your details to use in future security checks. This helps to protect you and us against fraudulent transactions.
2.6 If your payment details cannot be authorised for any reason we will tell you.
3. Prices and Payment
3.1 All prices and charges on this site are shown in UK pounds sterling and/or Euros. They include any VAT payable, but exclude delivery charges (these are detailed in our Shipping and Returns Policy).
3.2 The total cost of your order will be the price of the products that you order, the cost of any additional services you choose, plus the applicable delivery charge. All these will be set out clearly in your Shopping Trolley before you submit your order.
3.3 Prices, offers and products are subject to availability and may change before, but not after we accept your order. If a product becomes unavailable, we may offer you an alternative product.
3.4 We try very hard to ensure that all information on this site is accurate. However, just occasionally, an error may occur. If we discover an error in the price or description of a product you have ordered, we will tell you and ask you whether you wish to continue with your order.
3.5 If a product or service is listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers then we reserve the right to cancel the contract. In these circumstances you will not be entitled to seek compensation for disappointment suffered or for any losses, which you might otherwise have incurred.
3.6 We accept payment by Mastercard, Visa, Solo, Switch, and American Express. Payment is deducted when we process your order. We also accept payment by personal cheques drawn on a UK bank account. If payment is made by personal cheque we must be in receipt of cleared funds before goods can be dispatched.
4. Age Requirements
If you order a product with a minimum age requirement, by ordering such product you confirm that you are of the required age.
5. Where We Deliver
Delivery must be to the address at which your payment card is registered. All deliveries must be signed for. Please make sure you keep the packing list enclosed with your goods.
6. Delivery Times
6.1 We deliver on Monday through to Friday. If you order after 10.00 a.m., please calculate your delivery time as if your order had been placed the following working day. In the case of bank holidays, please allow an extra two working days.
6.2 We make every effort to deliver goods within the estimated timescales; however, delays are occasionally inevitable due to unforeseen factors beyond our control and therefore delivery times are not guaranteed. Estimated delivery dates are not part of the contract between you and us, and we shall be under no liability for any delay or failure to deliver the products within estimated timescales.
6.3 Risk of loss of and damage to products passes to you on the date of first attempted delivery by us of the products. We cannot accept any liability for loss or damage to products that remain in our custody and care because you were unable to receive them.
7. How We Deliver
7.1 All products are delivered by courier or Royal Mail.
7.2 Occasionally different products contained in the same order may be delivered separately.
8. Missing, Damaged or Incorrect Orders
In the unlikely event that a product arrives damaged or faulty, please follow the instructions in the delivery documents.
9.1 You can cancel your order at any time either before or up to 7 days after delivery by:
· following the Returns instructions in your delivery documentation;
· Using the contact us form or telephoning us on 0845 644 5119 - please have your order reference number and delivery details to hand.
9.2 In order to cancel your order, your product must be complete, unused and in 'as new' condition (e.g. if you have opened the box to examine the product you must have done so without damaging or marking the product in any way). It should be returned with the original box, packing and accessories. The original seal of any pre-recorded videotapes, DVD's, CD's, minidisc or other media must not have been broken or tampered with. Any 'free gifts' received with the product must also be returned.
9.3 You will receive a full refund and the cancellation is free of charge provided you use an authorized method of cancellation and return. If you choose another method of return, you must bear the costs.
9.4 You will not be able to cancel your order if:
· the original seal has been broken or tampered with on any DVD's, CD's, minidisc or other media; or
· the goods were a special order to your specification.
10. Return of Faulty Goods
10.1 The following are guidelines. Wherever possible we will respond to your individual circumstances.
10.2 If there is a manufacturing fault with your product within 12 months of delivery (or other defect with your order), we will normally offer, at our discretion, a prompt repair, exchange or refund. We will always offer you an exchange or refund if the fault occurs within 30 days of delivery.
10.3 To qualify for a refund or exchange, the product must be:
· in otherwise as new condition; and
· complete with any accessories and free gifts offered with it (and, if possible, the original box and packaging).
10.4 This promise does not cover faults caused by accident, neglect, misuse or normal wear and tear.
10.5 Any refund due to a fault or other defect will include a refund of the applicable delivery charge. We will also pay for the costs of collecting goods for replacement or refund.
11. Liability and Indemnity
11.1 Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence, our liability for fraudulent misrepresentation or any other liability, which may not be limited or excluded under any applicable law.
11.2 Subject to Section (11.1) above, we will use reasonable endeavours to verify the accuracy of any information on this site but we make no representation or warranty of any kind, express or implied statutory or otherwise regarding the contents of this site. Nor do we make any representation or warranty that this site will be available at any time. We make no representation or warranty that any defects within this site will be corrected, or that this site or the server that makes it available are or will be free of viruses or any error or fault in the programming that will cause it or your computer to malfunction. We make no representation as to the full functionality, accuracy, and reliability of this site. We will not be responsible or liable to you for any loss or content or material uploaded or transmitted through this site and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on this site.
11.3 Subject to Section (11.1) above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out above in section (10), any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under any applicable law.
11.4 Subject to Section (11.1) above, we will not be liable in contract or tort (including, without limitation, negligence) and/or we will not be liable in respect of pre-contract statements or other representations (other than fraudulent on negligent misrepresentations) or in any other manner for any:
· economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
· loss of goodwill or reputation; or
· special or indirect losses suffered or incurred by you arising or alleged to arise as a result of or in connection with your use of this site or your prospective or actual purchase of any goods and services from us.
11.5 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
11.6 This clause does affect your contract cancellation rights.
11.7 Notwithstanding the above, and subject to Section (11.1) our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
12. This Site
12.1 We and our suppliers own the copyright, trademarks and all other intellectual property rights in all material and content on this site, which you shall not use, download, copy, publish, transmit nor otherwise make available by any other unless expressly authorised. Any other use or reproduction of the material or content is strictly prohibited
12.2 You may not create any link to this site without our prior written consent, nor may you restrict or inhibit the use or enjoyment of it by anyone else.
12.3 You are permitted to print the pages of this site for your use as a reminder of the terms and conditions, and your order.
13.1 These terms and conditions and all transactions relating to this website are governed by English law and are subject to the non-exclusive jurisdiction of the English courts. We do not accept amendments to these terms and conditions. Sales can only be concluded in English.
13.3 We accept no responsibility or liability for the content or operation of websites, which are not under our control.
13.4 You may not assign or subcontract any of your rights or obligations under these terms and conditions or any related order for products to any third party without our prior written consent.
13.5 We reserve the right to transfer, assign, novate or subcontract the benefit of the whole or part of any of our rights or obligations under these terms and conditions or any related contract to any third party without your notice or consent.
13.6 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
13.7 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the Contracts (Rights of Third Parties) Act 1999 except:
a) a person who is a permitted successor or assignee under Section (13.5) above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
b) No consent from the persons referred to in Section (13.5) above is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
13.8 No delay or failure by us to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other from further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of The Fishing Warehouse Limited.
13.9 These terms and conditions supersede all prior representations understandings and agreements between you and us relating to the use of this site (including the order of products) and sets forth the entire agreement and understanding between you and us for your use of this site and the purchase of goods from us.