1 Name of supplier
If you decide to engage The Exeter Travel Clinic (‘we’ or ‘us’ in these terms and conditions) to provide goods or services to you, these terms and conditions will govern the conduct of our relationship.
2 What is to be provided to you by us
We and you have agreed that we will supply to you the goods and or services described in your order.
3 Price (and VAT)
The price for the items is as stated on the email from us confirming acceptance of your order and is inclusive of any VAT (if applicable). If you are making payment by cheque then payment should be from a UK bank, with the cheque being made out to The Exeter Travel Clinic and crossed ‘A/C payee only’.
You may also pay by means of direct bank transfer and we will be happy to provide our bank details on request.
Please ensure that all payments are in sterling.
4 When payment is to be made
Unless otherwise agreed with us in writing, you will need to make payment at the time you place your order. Please note that we will not be able to deliver the items or perform the services until we have received payment (and this means that where you have paid by cheque or by credit or debit card, the funds have reached our bank account).
Any delivery charges for the items will be as stated on the acceptance of order email and will be made in the way stated on the order page. There may be occasions where we need to change the method of delivery and we will let you know if this is due to happen.
6 When delivery will be made
Unless we have agreed any alternative with you, our aim is to deliver the goods or perform the services within 30 days of acceptance of your order. We will aim to complete the order on time, but it is not always possible to do so, for example where delay is caused by weather conditions or circumstances which are outside our control. If this situation occurs our aim is to complete the work as soon as we reasonably can. Wherever possible, we will keep you informed of any delays.
7 Cancellation rights
7.1 Many of our services are bespoke and you may want us to start work on them before your 7 day cancellation period would normally start. Where you want us start providing the services within 7 days of making the order and our acceptance of the order by email, you agree to waive your 7 day cancellation period at the point that we start our work. You may not cancel any service after we have started to perform the service.
7.2 We want you to be happy with our service and we would therefore ask that you let us know as soon as you can if you wish to cancel. Due to the preparation involved, we may have undertaken preparatory work on delivering your service. Except where we have started to perform the service or you have agreed to us starting to perform the service in accordance with 7.1 above, for all cancellations made after the seven day cooling off period but within 7 days of the date that we were due to deliver the service, we will make a refund of 75% of the price paid.
7.3 You can cancel this contract within seven days of your receiving any items. The seven day period starts on the day after you receive the items.
7.4 If you wish to return any items, you must send them to us. You must pay the cost of returning the items to us. Alternatively, we can collect the items from you, but you will have to pay the cost of us collecting the goods.
7.5 To cancel the contract you will need to send a letter to us. You can send the letter by post, email or facsimile or by personal delivery. Contact details for where to send the letter are set out in Paragraph below. If you cancel the contract orally, you will need to confirm the oral cancellation in writing and send it to us by post, email or facsimile or by personal delivery.
8 Contact details
8.1 Our address is The Exeter Travel Clinic, PO Box 19, Exeter, Ex6 8WF
8.2 Complaints or comments. We want you to be happy with our products and services. If you are not, please let us know and we will see what we can do. If you have any complaints about our goods or services or any aspect of the way we have dealt with your order please contact (name), (job title), either by writing to the address given in Paragraph 8.1, by email to (email address) or by telephone (telephone number).
8.3 Cancellation or returns. If you wish to return items ordered or wish to cancel the contract, letters or other communications should be addressed to (name), (job title), either by writing to the address given in the Paragraph 8.1, by email to (email address) or by telephone (telephone number).
9 Alternative goods or services
From time to time it may not be possible to supply the items that you have ordered. If this occurs, we will provide substitute items of an equivalent quality and price to those we are unable to provide. We will let you know in advance if we are planning on making such a substitution. If you choose to cancel the contract, we will pay the cost of returning the substitute goods.
We provide the following guarantee for the product that you have ordered from us: we guarantee that the product will be free from any defects for 12 months from the date of purchase. If the product has a defect within this period, you can choose whether to have it replaced or repaired. If the defect is minor in our reasonable opinion, and you selected to have the product replaced, we reserve the right to repair the item instead of repairing it. Your statutory rights are not affected by this guarantee.
11 Ownership of goods
We shall own the goods until we have received payment in full from you, even though the goods may have been already delivered to you. Where you have paid by cheque or credit or debit card, ‘payment in full’ means that the funds have reached our bank account.
12 Acceptance of orders
Your order through our web site will only be accepted by us when we send to you an email confirming that we have accepted your order. Until you receive that email there will not be a binding contract between you and us. Any information on our web site, or your filling in details or clicking any button or icon indicating you are making an order does not, and is not intended to, constitute a binding contract between you and us. Only on our sending the confirming email will we and you be entering into a binding contract with you.
13 Limitation of liability in relation to goods
13.1. 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.
13.2 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.
13.3 If you notify a problem to us under this condition, our only obligation will be, at your option:
13.3.1 to make good any shortage or non-delivery; 13.3.2 to replace or repair any goods that are damaged or defective; or 13.3.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) 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 13.3.3 above
13.4 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.
13.5 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.
14 Limitation of liability in relation to services
14.1 We aim to carry out the services with reasonable care and skill. If any part of the services is performed negligently or in breach of the provisions of this agreement then, on your request, we will re-perform the relevant part of the services. We will not be liable to re-perform any part of the services which we have performed negligently or in breach of this contract unless you notify us in writing to our contact address.
14.2 Except in the case of death or personal injury caused by our negligence, our liability under or in connection with this contract whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the price you have paid us.
14.3 Except to the extent permitted by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any negligence or breach of the contract on our part and we shall have no liability to pay any money to you by way of compensation other than to refund to you the price you have paid to us.
15 Entire agreement
These terms and conditions, together with our current web site, set out the whole of our agreement relating to the supply of the goods and or services to you by us. Nothing said by any salesperson, agent, employee, director or other representative on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
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.
17 Law and jurisdiction
The validity, construction and performance of this contract shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which you and we submit.
18 Third parties
For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this contract this is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
If you have any questions about this or any other information on this site, please contact us before placing an order.