1. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted.
2.1. The prices payable for goods that you order are as set out in our website.
2.2. You will be required to pay extra for delivery and it may not be possible for us to deliver to some locations. Cages and other large items can only be delivered to UK Mainland
2.4. Whilst we try to ensure that all prices displayed on our website are accurate, errors can occur. In the event that we discover an error, we will inform you as soon as possible to confirm whether you still wish to purchase the item or cancel. If we are unable to contact you we will treat the order as cancelled.
3.1. You undertake that all details you provide to us for the purpose of ordering or purchasing goods are correct, that the credit or debit card you are using is your own, and that there are sufficient funds to cover the goods ordered.
3.2. Credit and debit cards are debited on the date of despatch but will be authorised on receipt of the order for security reasons. Please note a pre-authorisation may mean that funds are unavailable to you even though they remain in your account. Pre-authorisations cannot be transferred between items so if an item is swapped, for example because it is out of stock, the original pre-authorisation may not expire until after the replacement item is charged. This is out of our control and it may mean that funds above the value of the transaction are unavailable to you for several days. until the bank expires the unused pre-authorisation.
3.3. To ensure a fast service, cheques or postal orders are banked on receipt.
3.4. Orders must be paid for before despatch, unfortunately we cannot send items cash on delivery.
4.1. Every effort is made to describe products correctly, however we reserve the right to change sizes, colours, materials, accessories, ingredients, manufacturing processes and other specifications without notice.
4.2. Images shown are for illustration only and may not exactly match the item you receive. In particular colours, unless specified, may not match the actual product shown or a previous product supplied.
4.3. Bird Type recommendations are provided for guidance only and are not guaranteed suitable for the particular bird indicated.
4.4.Product dimensions are believed to be correct, however items can vary individually, for example due to the use of natural materials; some inconsistencies are to be expected.
4.5 Whilst every effort is made to ensure the safety of all items we sell, all products must be inspected upon receipt and any problems notified to us in writing. Further, we strongly recommend close supervision of birds whilst using any of our products, in particular those containing rope, string, thread, braid, lace, fibres or similar materials. We recommend supervision at all times with all products
5.1. You must choose a password on completion of registration.You are responsible for all actions taken under that username and password and shall only use the Site under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.
6. Right for you to cancel your contract & Returns
6.1. If you are not happy with anything you have purchased from us you are welcome to return it within 1 month of purchase. We will be happy to refund you the cost of the item.
6.2. This guarantee is in addition to your legal right under the Directiveon ConsumerRights which provide you with the right to cancel without reason, at any time up to 14 days from the date you receive the ordered goods.
6.3. You cannot cancel if the goods have been custom made / special order, or are perishable. If you are unsure as whether you can return any goods please contact us for advice.
6.4. Any goods returned must be unused / unopened and in their original packaging and condition.
6.5. To cancel your contract you must notify us in writing, once goods are shipped you are liable for any return costs of any items should you cancel your order. If delivery is attempted and you fail to respond to cards left or tracking the return to sender cost will be your liability.
6.6. If you have received the goods before you cancel your contract then [unless, under clause 6.3., you do not have a right to cancel] you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
6.7. Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card in relation to those specific goods, will be re-credited to your account as soon as possible and in any event within 14 days of cancellation PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
6.8. Any carriage charges we have incurred may be deducted from the amount to be re-credited save as in clause 6.2. This includes where delivery is stated as free.
6.9. To avoid possible problems with large or bulky returns, we would always advise customers to contact us first for returns authorization. We are not responsible for returns and they are for you to arrange with relevant and appropriate companies. We recommend insurance is taken against damage and all goods are returned tracked. Items such as cages which are delivered upright banded to a pallet must be returned in the same manner. Please contact us for return address of cages as this differs to that of other goods
6.10. For security reasons refunds can only be made to the same card which was used for purchase.. Paypal payments will be refunded to the same Paypal account.
6.11. Your statutory rights are not affected.
7. Cancellation by us.
7.1. We reserve the right to cancel the contract between us if:
• 7.1.1 we have insufficient stock to deliver the goods you have ordered;
• 7.1.2. we do not deliver to your area; or
• 7.1.3. one or more of the goods you ordered was listed at an incorrect price due to a mistake by us including a typographical error, or an error in the pricing information received by us from our suppliers. Or if we deem the customer of unreasonable person to deal with.
• 7.2. If we do cancel your contract we will notify you by e-mail or otherwise in writing and will re-credit to your account any sum deducted by us from your payment card as soon as possible, but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for consequential loss, inconvenience or disappointment suffered.
8. Delivery of goods to you
8.1. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
8.2. Delivery will be made as soon as possible after your order is accepted and within 30 days unless otherwise agreed.
8.3. In stock orders are normally delivered nextworking day, however cages are up to 3 working days. We will send an email notifying you of delivery date and there must be someone in to sign otherwise there is a re delivery charge. In accepting these terms by placing your order you are accepting liability of this charge. If part of your order is temporarily out of stock we will normally back order it, and send it on as soon as possible. Low value items are not normally back-ordered.
8.4. If your order contains an item which is currently out of stock but due in the next few days, we will wait until the whole order can be despatched together. Should an item be particularly urgent please state this at the time of ordering so we can contact you if there is any delay.
8.5. Cages are shipped directly from the UK importers warehouse.
8.6. You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
9.1. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
9.2. If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
9.3. If you notify a problem to us under this condition, our only obligation will be, at our option:
• 9.3.1. to make good any shortage or non-delivery;
• 9.3.2. to replace or repair any goods that are damaged or defective; or
• 9.3.3. to refund to you the amount paid by you for the goods in question in whatever way we choose. Credit or debit card payments will always be refunded to the card used.
9.4. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 8.2 above.
9.5. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
9.6. If you choose to export or relocate the goods from the original point of delivery, and a collection or replacement becomes necessary, we will only provide this service to the original delivery address.
9.7 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
9.8. The www.scarlettsparrotessentials.co.uk website is provided by Scarletts Parrot Essentials Ltd Limited without any guarantees or warranties. You must bear the risks associated with use of the internet.
9.9. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other or future situation where you breach these conditions.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Scarletts Parrot Essentials Ltd Three Penny House Mill Lane Fulletby Horncastle Lincolnshire LN9 6BJ and all notices from us to you will be displayed on our website from to time.
For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so, or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control, including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, inclement weather, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
14. Third Party Rights
Except for our directors, employees, agents or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement, but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
15. Governing Law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
16. Entire Agreement
We reserve the right to make changes to our website, policies, and terms and conditions at any time without notice. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
18. Registered Office
Scarletts Parrot Essentials Ltd and www.scarlettsparrotessentials.co.uk are trading names of Scarletts Parrot Essentials Ltd, whose registered office is at:
Three Penny House, Mill Lane
Vat Reg No. 106 2787 19