These are the terms and conditions on which we supply products to you. Please read these terms carefully before you submit your order to us. There terms tell you who we are, how we will provide products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
We are Trackpack Limited a company registered in England and Wales. Our company registered number is 08153232 and registered office address is Unit E, 2-10 Carlisle Road, London NW9 0HN. Our registered VAT number is GB 191749669. You can contact us by telephoning our Customer Services team on 02037500650 or by writing to us at firstname.lastname@example.org or Unit E, 2-10 Carlisle Road, London NW9 0HN.
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order.
1.1 It is not necessary to register with us in order to use most parts of this Website. However, particular areas of this Website will only be accessible only if you have registered.
USE OF WEBSITE
1.3 You may print and download material from this Website provided that you do not modify or reproduce any content without our prior written consent.
1.4 All reasonable measures are taken by us to ensure that this Website is operational al day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
1.5 Where possible we always try to give advance warning of maintenance issues that may result in Website down time but we shall not be obliged to provide such notice.
VISITORS PROVIDED MATERIAL
1.7 When using this website you shall not post or send to or from this Website any material:
(a) For which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) Which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
1.8 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.7.]
LINK TO AND FROM OTHER WEBSITES
1.9 Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website, you do so at your own risk.
1.10 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) You do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) You do not misrepresent your relationship with this website; and
(c) The website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
1.11 By linking to this Website in breach of clause 5.2 you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.
1.12 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.
1.13 All material contained on this Website is provided without any or warranty of any kind. You use the material on this Website at your own discretion.
WE ARE NOT LIABLE FOR BUSINESS LOSSES
1.14 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
1.16 You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
1.17 We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the conditions then you must immediately stop using the Website. 4. Purchase of products
1.18 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
Contract creation and electronic contracting
1.19 The technical steps required to create the contract between you and us are as follows:
You place the order for your products on the Website by pressing the Place and Confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
We will send to you an order acknowledgement email detailing the products you have ordered.
As your product is shipped from our warehouse we will send you a despatch confirmation email.
Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel an order
1.20 Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock.
- Our inability to obtain authorisation for your payment.
- The identification of a pricing or product description error.
- You do not meet the eligibility to order criteria for any reason set out in these Terms & Conditions.
1.21 The contract will be concluded in English and all prices will be VAT inclusive.
Contract cancellation under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2015.
1.22 Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right and notify us no longer than 14 working days after the day on which you receive the Products. You may also download a contract cancellation form by clicking here and returning this completed to us.
1.23 If you wish to exercise your right to cancel this contract after your order has already been despatched, we will refund the original purchase price, provided that you have notified us in writing no longer than 14 working days after the day on which you receive the Products, and that you have taken reasonable care of the Products and not used them. We reserve the right to charge for the cost of return delivery if being arranged by us.
1.24 Please follow the procedure set out in our Returns procedure.
1.25 Please note that your right to return Products does NOT apply to Products which fall into the following categories unless they are faulty or not as described:
- Made to measure or personalised goods
- Perishable goods (such as food or bait)
- Unsealed CDs, DVDs, tapes or other recording media, software or videos
CANCELLATIONS & RETURNS
Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right and notify us no longer than 14 working days after the day on which you receive the Products. You may also download a contract cancellation form by clicking here and returning this completed to us.
Returning cancelled goods:
1.26 Once you have notified us of your wish to cancel, we require you to return the goods to us at your own expense, as soon as possible, by;
Filling out the returns section and enclosing with the goods a copy of the despatch note. Failure to send a completed returns section will prevent us from identifying your order and processing accordingly.
The goods are returned at your own expense and risk. We recommend using a recorded delivery service or equivalent as we cannot accept responsibility for goods lost in transit. If your item is excessively large or heavy, we can arrange for a courier to collect it at a price which we will agree with you in advance.
post or courier the goods to the following address:
2-10 Carlisle Road
A despatch note will be enclosed with your order when you receive it, this is your proof of delivery.
DAMAGED OR DEFECTIVE RETURNS
1.27 Fill in our Returns Form supplied with goods.
If you wish to return goods which you believe are damaged or faulty, please telephone us on 0203 750 0650 between 9am-5pm Monday to Friday. We will discuss with you the best method of returning the item.
We will refund or exchange faulty goods upon confirmation of fault as designated by the customer up to 30 days after delivery, provided that the goods are returned to us. This does not affect your stator rights.
Upon receipt by us of the goods, we will examine them for damage: i) If the fault is obvious and inherent, we will process the refund, repair or exchange within 14 days of receipt of the goods; ii) If the fault is not obvious, we may need to return the goods to the supplier for testing. We will still refund any sums to you within 14 days of receipt of goods to us.
In the event that the goods are found to be damaged or faulty, we will either: i) refund to you the price you paid for the goods, plus the original delivery cost, plus the cost to you of returning the goods to us; or, after consulting with you: ii) send to you a replacement and refund to you the cost of returning the product; or iii) have the product repaired, return it to you and refund you for the cost of returning the product.
In the event that the fault or damage is not due to faulty manufacture, but to misuse or damage sustained after purchase, or subject to normal wear and tear, we will contact you to find out whether you wish the goods to be returned to you or repaired, if a repair is feasible. In these circumstances, both the cost of repair and return of the goods to you would be at your expense.
We will apply the refund to the original card with which you bought the item(s). If this method is not reasonably possible, you will need to contact us by telephone on 0203 750 0650 or by email by clicking here, to arrange an alternative method of repayment. This may cause a delay in repayment, but should not take longer than 28 days.
If an exchange of goods is required: After receipt of the returned items, we will send out to you an alternative product of your choice if requested.
If the new product is more expensive than the original product, the balance of the price owed to us, will be charged to your original payment card, or an alternative card, details of which will have been provided by you, prior to despatching the goods to you.
If the new product is cheaper than the original product, we will give you a refund for the balance.
Any items not classed as faulty, if returned within the statutory 14-day cancellation period, must be in pristine condition and in the original packaging with all instruction documentation enclosed. If not, we reserve the right to refuse a refund.
Returns after 30 days do not affect your statutory rights and can be subject to any warranty conditions, if such warranty applies to the product that is being requested to return.
Any warranty for faulty products is not insurance backed and does not affect statutory rights.
1.28 Customers who reside outside the UK – we require you to return the goods to us at your own expense however Customers are able to telephone us first to discuss the best delivery method, as we may prefer to arrange for the goods to be collected. Whilst the goods are in your possession, you are required to take reasonable care of them. They do not have to be returned to us still in their original packaging, but we do request that you return all the original product packaging and any instruction manuals with the goods. Please note that if you fail to return the goods to us, we are entitled to collect the goods from you and charge you for the direct cost of delivery.
1.29 Refunding the cost of the goods to you. Once you have notified us of your wish to cancel, we will refund to you the price of the goods as soon as possible, and, in any event within 14 days of receipt of the goods to us. Original delivery charges will only be refunded in the event that the entire order is cancelled or returned. Our preferred method of repayment is to credit the refund back to the original card with which you made the payment. If this method is not possible, please let us know how you require a refund to be made at the time that you notify us of your wish to cancel.
DESCRIPTION OF PRODUCTS
1.30 Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
1.31 We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.
1.32 It may be that prices and promotions are incorrectly quoted or changed due to external circumstances. We have no statutory obligation to sell goods at the price quoted if that price is incorrect.
1.33 Voucher Code reductions (£ / %) are taken from the ‘Sub Total’ amount in the Shopping Basket. Valid dates will be included where the voucher code is displayed, and the voucher codes only apply to purchases from OutdoorCampingDirect.uk.
1.34 If the following message: “Invalid voucher code Sorry, the voucher you have requested is not currently available.” appears then your voucher code has either expired or is not valid at the current time.
1.35 If this is a timed voucher promotion, please try to add the voucher at a later time and if you are within the first number of valid orders, it will be accepted.
1.36 If this is a product or department specific offer, then the items in your basket are not applicable for the offer.
1.37 Free Delivery Voucher Codes only apply to Standard Delivery Charges unless otherwise stated. If you wish to receive the items quicker, you will have to pay extra for this service.
1.38 Only one voucher code or promotional discount can apply at any one time
1.39 Ideally, we aim to resolve complaints within a timescale of seven working days. If this is not possible because a full investigation has not yet been completed, a progress report will be sent to the complainant. If we, Trackpack Limited are unable to resolve a complaint that you make within eight weeks you can take your complaint to The Retail Ombudsman. This is an independent organisation specialising in providing an alternative dispute resolution service for consumers and retailers. As a member of the organisation, we are bound by their code of practice and they can be contacted via:
Tel: 02031 3782 68
ODR (online dispute resolution) Platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN
Intellectual property and right to use
1.40 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
1.41 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with laws
1.42 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
1.43 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
1.44 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products, including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
1.47 If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
1.48 No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
1.49 Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
1.50 These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Trackpack Limited and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
LAW AND JURISDICTION
1.52 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Retail Ombudsman via their website at www.theretailombudsman.org.uk or by telephone: 0203 540 8063. The Retail Ombudsman will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
2-10 CARLISLE ROAD
Phone number: +44 203 7500650