Conditions of Datamars Agri UK Ltd (herein also called 'the company')

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Last updated on 2nd September 2020

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Introduction

• The terms contained in this document (Trading Terms) apply to all transactions for the purchase of products from the company. Please read these Trading Terms carefully before ordering from the company. By ordering any products from the company you are indicating your acceptance to be bound by these Trading Terms. They form a legal agreement between you and us and can only be amended with our consent.

• Your use of our websites is subject to our website Terms of Use. Please also refer to our Privacy Policy.

• We reserve the right to change these Trading Terms from time to time without prior notice by changing them on the Site, provided that any such change will not affect any purchases you have made before the change is implemented.

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Ordering

• You may place an order to purchase a product advertised for sale from the company by phone, email or through our website. You will have an opportunity to check and correct any input errors in your order up until the point you choose to confirm the purchase.

• All orders placed by you are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances.

• After submitting an order to us, you will be sent an order acknowledgement email (if you have provided one) with your order reference and details of the products you have ordered. Please note, this email is an acknowledgement and is not an acceptance of your order.

• If your order includes products which are not available from stock, we will contact you by telephone or email to ask how you wish to proceed. You will have the option to wait until the products are available from stock, or cancel your order.

• Acceptance of your order and the formation of a contract between us will take place when we send you an email confirming that the products you have ordered are being dispatched to you, unless we have notified you that we do not accept your order or you have already cancelled it in accordance with the provisions below (see cancellations and returns).

• All product/technical data and other information or descriptive specifications and drawings, full particulars of weights and dimensions issued by the company have been obtained from authoritative sources and while intended to be a fair description their accuracy is not guaranteed.

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Prices and Payment

• The prices of products advertised for sale from the company are as set out on the Site. All prices are in pounds (£GBP). All prices in £GBP are listed exclusive of VAT however exclusive of delivery charges. VAT and delivery charges, where applicable, are clearly displayed when you process your order with us. Delivery charges will be automatically calculated and added to your order.

• Prices may change at any time prior to (but not after) acceptance of your order.

• We cannot accept your order until you have paid for it in full. Payment can be made by most major credit or debit cards, by providing the relevant details.

• By using a credit/debit card to pay for your order, you confirm that the card being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.

• In the unlikely event that the price of an item has been incorrectly advertised, we will contact you to ask whether you wish to proceed with the order at the correct price. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order. Unless we have already confirmed dispatch of your order, we will not be obliged to supply products at the incorrect price.

• All goods remain the sole and absolute property of the company until such times as they are paid for in full.

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Delivery

• Standard delivery is 3-4 working days. For any special delivery options required please contact us on customersupport@datamars.co.uk to discuss.

• Delivery charges will be calculated and clearly itemised during checkout.

• Subject to availability, we will use all reasonable endeavours to deliver the products you have ordered as soon as possible after your order is accepted by us and where possible deliver all products comprised in your order in one delivery.

• We will deliver directly to the address specified in your order. We cannot deliver items within the same order to multiple addresses.

• Deliveries are made Monday to Friday (excluding bank and public holidays), normally between the hours of 9am and 5.30pm. The precise timing of a delivery cannot be specified. Certain deliveries may require a signature to confirm receipt.

• Deliveries will be made to your door. We are not responsible for any additional carrying or positioning of products ordered.

• Once delivered, the products ordered will become your property (provided they have been paid for in full) and your responsibility and, except in relation to products that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after they have been delivered.

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Cancellations and Returns

• Except in relation to the products specified in the next paragraph, you may cancel your order (or any part of it) at any stage before the products are delivered to you, and up to 14 days afterwards. You may do so by notifying us, giving us your full name, address and order reference and by returning the products, in accordance with the provisions below. You do not need to give any reason for cancelling your order, but a brief explanation will help us improve the service we offer to customers in the future.

• You may not cancel your order if you have ordered a product which is customised or made to your own specifications and they have been produced by the time we receive your request to cancel.

• [Please note orders placed using our website will be produced exactly as specified when ordering. Depending on the category of goods ordered they may be produced within a very short turnaround time. Therefore it is advised to make cancellations by emailing us at customersupport@datamars.co.uk Requests for cancellations received before the order has been produced will be valid.]

• If you believe goods have been produced differently to the way they were ordered we request that you email us at customersupport@datamars.co.uk to discuss and make arrangements for their return.

• In the unlikely event of you receiving faulty goods please contact us within 48 hours from date of delivery on by emailing us at customersupport@datamars.co.uk and you will be offered the following options:

• A replacement or re-selected item will be dispatched to you as soon as possible, your credit card charged, and the faulty item collected from you at our expense.

• If you would prefer not to have a replacement or re-select please return the item to us. If on receipt of the returned item we determine that it is faulty you will receive a full refund including the price of postage.

• Where you decide to cancel an order after we have dispatched the products, you will be under a duty to return them to us, at your own risk and cost. All such products should be returned within 14 days. Until such time as they are returned, you must retain possession of the products and take reasonable care of them. You should return the products to us unused and as new (except to the extent reasonably necessary to examine them), with the original product packaging, by one of the following means:

• By Royal Mail

• You should pack the returns parcel securely, ensuring you include your contact details and order number in the parcel and then take it to your local Post Office. We advise you to use a service which covers the value of the goods and receive proof of postage.

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Please return the parcel to:

Datamars Agri UK Ltd

Pheasant Mill

Dunsdale Road

Selkirk

Scottish Borders

TD7 5DZ

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• If your order cancellation is accepted the sum debited by us from your credit/debit card will be refunded less the original cost of delivery.

• Our policy on cancellations and returns does not affect your legal rights.

• Failure by us to enforce any of the terms and conditions at paragraph 5, above, will not affect our right to enforce the rest of these terms and conditions.

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Security

• We understand that you may have concerns about security on the internet. This Site uses a secure server that implements secure sockets layer (SSL) technology in our online ordering process to protect your payment card information.

• The Site and all browsing throughout is in secure mode. Data relating to your order and your personal and payment card details will all pass to the server in an encrypted format. As soon as you have finished ordering you will exit secure mode.

• We recommend that you do not communicate your payment card details to anyone, including us, by email. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.

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Our liability

• We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.

• You are responsible for the use you make of the products you order. The product has been designed for a specific use as outlined by the labelling/instructions of use information. Use of the product should always be in conjunction with this advice and advice from your veterinary/agricultural practitioner where relevant.

• We do not provide any guarantee nor accept any liability in relation to product efficacy or any form of consequential loss arising from its use.

• Nothing in this section 10 or elsewhere in our Trading Terms affects your statutory legal rights.

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General

• ROXAN and Datamars Livestock are a trading name of Datamars Agri UK Ltd. Our registered office address is Pheasant Mill, Dunsdale Road, Selkirk, Scottish Borders, TD7 5DZ.

• Any formal legal notices should be sent to us at the address at the end of these Trading Terms by email and confirmed by post.

• Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Trading Terms.

• If any part of these Trading Terms is found to be unenforceable as a matter of law, all other parts of these Trading Terms shall be unaffected and shall remain in force.

• You and we agree that UK law applies to these Trading Terms and that any dispute between us arising out of or in connection with these Trading Terms will only be dealt with by UK courts. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.

 

How to contact us

Please feel free to contact us in any of the following ways:

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By email:

customersupport@datamars.co.uk

 

By telephone:

028 2076 8696

between the hours of 8.30am - 5.00pm, Monday to Friday.

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By writing to us:

Datamars Agri UK Ltd

Pheasant Mill

Dunsdale Road

Selkirk

Scottish Borders

TD7 5DZ