Terms and conditions for sale of goods to business or consumer

These terms and conditions regulate the business relationship between you and

us. If you offer or accept our offer for any goods, our contract is in the terms set

out below.

We are: Tortuga Tents Ltd

Our address is: 34 Andrew Road

Eynesbury

St Neots

Cambs

PE19 2QE

United Kingdom

You are: The Customer

The terms and conditions

1 Definitions

In this agreement:

“Carrier” means any person or business contracted by us to carry

Goods from us to you, whether all or part of the distance.

“Goods” means any goods we offer for sale.

“Written Material” means any informational material published by us in any

medium with a view to providing information to our

customers or prospective customers.

2 Our contract with you

2.1 We shall accept your order by [letter / e-mail confirmation]. Our message

will also confirm details of your purchase and tell you when we shall

dispatch your order. That is when our contract is made.

2.2 It is possible that the price may have increased from that posted in our

Written Material.

2.3 All descriptions, weights and sizes of Goods are those of the original

manufacturers and you may not rely on their accuracy. Accordingly, any

such description shall not form part of this Agreement.

2.4 If we do not have the Goods you order in stock, we will offer you

an alternative before we dispatch your order. If this happens you may:

2.4.1 accept the alternative we offer;

2.4.2 cancel your order;

2.4.3 leave the order valid, but tell us to omit the out-of-stock item.

2.5 If we owe you money (for this or any other reason), we will credit your

credit or debit card as soon as reasonably practicable but in any event no

later than 30 days from the date of your order.

2.6 We are not experts about goods like these Goods. You may not rely on

our expertise.

2.7 Goods are at your risk from the moment they are picked up by the Carrier

from our warehouse.

3 Price and Payment

3.1 You must pay us the full price of your order before we will send any part of

it.

3.2 Banking 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.

3.3 Any details given by us in relation to exchange rates are approximate only

and may vary from time to time.

3.4 You will pay all sums due to us under these terms by the means specified

without any set-off, deduction or counterclaim.

4 Information you give us

4.1 You agree that you have provided, and will continue to provide accurate,

up to date, and complete information about yourself. We need this

information to provide you with the Goods.

4.2 We will use our reasonable endeavours to respond to any point of

dissatisfaction by you, provided you contact us within three months of

purchase.

5 Delivery

5.1 Deliveries will be made by the Carrier to the address stipulated in your

order. You must ensure that someone is present to accept delivery.

5.2 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.

5.3 We may deliver the goods in installments if the goods are not available at

the same time for delivery.

6 Taxes, duties and import restrictions

6.1 We have no knowledge of, and no responsibility for, the laws in your

country of residence.

6.2 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 of residence.

7 Goods returned

Because you are buying the Goods by mail order, you may have a right of

cancellation. If you do, (and only if you do), these are the terms which apply:

7.1 You must tell us you wish to cancel within 14 days of your receipt of the

Goods;

7.2 In any event, you may not cancel orders for food or other perishable

Goods, nor for handmade, specially commissioned or personalised goods;

7.3 The Goods must be returned to us within 21 days of your telling us you

wish to cancel:

7.3.1 with both goods and all packaging in their original condition;

7.3.2 securely wrapped;

7.3.3 including our delivery slip;

7.3.4 at your risk and cost.

7.4 After we have received the Goods, we will issue a cheque for the full

purchase price of the goods returned no later than 30 days from the date

of receipt;

7.5 If you do not return the Goods to us, you are still liable to us for the cost.

7.6 We are under no obligation to collect or recover Goods from you, but if we

do, our costs will be payable by you.

8 Disclaimers

8.1 We may make improvements or changes to our Written Material or to any

of the Goods, at any time and without advance notice.

8.2 You are advised that Written Material may include technical inaccuracies

or typographical errors.

8.3 We give no warranty and make no representation, express or implied, as

to:

8.3.1 the adequacy or appropriateness of the Goods and Services

for your purpose.

8.3.2 the truth of any information given in our Written Material;

8.3.3 any implied warranty or condition as to merchantability or

fitness of the Goods for a particular purpose;

8.3.4 compliance with any law;

8.3.5 non-infringement of any right.

8.4 We are not liable in any circumstances for special, indirect or

consequential loss or any damages whatsoever resulting from loss of use,

loss of data or loss of revenues or profits, whether in an action of contract,

negligence or otherwise, arising out of or in connection with your use of

Our Web Site or the purchase of Goods.

8.5 Except for a claim for personal injury, in any claim against us our liability is

limited to the value of the goods you have purchased in the contract which

is the subject of the dispute.

9 Indemnity

You agree to indemnify us against any claim or demand, including reasonable

lawyers’ fees, made by any third party due to or arising in any way out of your

use of the Goods, or the infringement by you, of any intellectual property or other

right of any person.

10 Contractual Limitation

Where we provide goods without specific charge, then it (or they) is deemed to

be provided free of charge, and not to be associated with any other service for

which a charge is made. Accordingly, there is no contractual nor other obligation

upon us in respect of any such goods or services.

11 Rights of third parties

Nothing in this agreement shall confer on any third party any benefit under the

provisions of the Contracts (Rights of Third Parties) Act 1999.

12 Severability

If any of these terms is at any time held by any jurisdiction to be void, invalid or

unenforceable, then it shall be treated as changed or reduced, only to the extent

minimally necessary to bring it within the laws of that jurisdiction and to prevent it

from being void and it shall be binding in that changed or reduced form. Subject

to that, each provision shall be interpreted as severable and shall not in any way

affect any other of these terms.

13 No Waiver

No waiver by us, in exercising any right, power or provision hereunder shall

operate as a waiver of any other right or of that same right at a future time; nor

shall any delay in exercise of any power or right be interpreted as a waiver.

14 Dispute Resolution

In the event of a dispute arising out of or in connection with these terms or any

contract between you and us, then you agree to attempt to settle the dispute by

engaging in good faith with us in a process of mediation before commencing

arbitration or litigation.

15 Force majeure

We are not liable for any breach of our obligations resulting from causes beyond

our reasonable control including strikes of our own employees.

16 Governing Law

This Agreement shall be governed by and construed in accordance with the law

of England. This agreement shall not be governed by the United Nations

Convention on Contracts for the International Sale of Goods, the application of

which is hereby expressly excluded.