Outdoor Empire LTD

Terms and Conditions of use

  1. Introduction

1.1    These terms and conditions shall govern your use of our website.

1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3    If you register with our website or make a purchase on our website, we will ask you to expressly agree to these terms and conditions.

1.4    You must be at least [18] years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.

1.5    Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].

  1. Copyright notice

2.1    Copyright (c) 2016 Outdoor Empire Limited.

2.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

  1. License to use website

3.1    You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser;

(c)    print pages from our website;

(d)    stream audio and video files from our website

(e)    use our website services by means of a web browser,

        subject to the other provisions of these terms and conditions.

3.2    Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3    You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

3.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

3.6    Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.7    We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

  1. Acceptable use

4.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent

(e)    access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f)    violate the directives set out in the robots.txt file for our website; or

(g)    use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2    You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

  1. Products

5.1    The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.

5.2    We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

5.3    Prices stated on our website may be stated incorrectly.

5.4    The sale and purchase of products through our website will be subject to terms and conditions of sale, and we will ask you to agree to the terms of that document each time you make a purchase on our website.

5.5    Any product reviews that you submit for publication on our website shall be subject to the terms of Section 9 and Section 10.

  1. Registration and accounts

6.1    To be eligible for an account on our website under this Section 6, you must be resident or situated in the United Kingdom.

6.2    You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

6.3    You must not allow any other person to use your account to access the website.

6.4    You must notify us in writing immediately if you become aware of any unauthorized use of your account.

6.5    You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

  1. User login details

7.1    If you register for an account with our website, you will be asked to choose a user ID and password.

7.2    Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3    You must keep your password confidential.

7.4    You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5    You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

  1. Cancellation and suspension of account

8.1    We may:

(a)    suspend your account,

(b)    cancel your account and/or

(c)    edit your account details,

        at any time in our sole discretion without notice or explanation.

8.2    You may cancel your account on our website using your account control panel on the website.

  1. Your content: license

9.1    In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

9.2    You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to reproduce, store and, with your specific consent, publish your content on and in relation to this website.

9.3    You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4    You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5    You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6    You may edit your content to the extent permitted using the editing functionality made available on our website.

9.7    Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

  1. Your content: rules

10.1  You warrant and represent that your content will comply with these terms and conditions.

10.2  Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3  Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)    be libelous or maliciously false;

(b)    be obscene or indecent;

(c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation;

(e)    constitute negligent advice or contain any negligent statement;

(f)    constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)    be in contempt of any court, or in breach of any court order;

(h)    be in breach of racial or religious hatred or discrimination legislation;

(i)     be blasphemous;

(j)     be in breach of official secrets legislation;

(k)    be in breach of any contractual obligation owed to any person;

(l)     depict violence in an explicit, graphic or gratuitous manner

(m)   be pornographic, lewd, suggestive or sexually explicit;

(n)    be untrue, false, inaccurate or misleading;

(o)    consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)    constitute spam;

(q)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)    cause annoyance, inconvenience or needless anxiety to any person.

  1. Report abuse

11.1  If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

11.2  You can let us know about any such material or activity by the email info@outdoorempire.co.uk.

  1. Limited warranties

12.1  We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date; or

(c)    that the website or any service on the website will remain available.

12.2  We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

12.3  To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

  1. Limitations and exclusions of liability

13.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

13.2  The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:

(a)    are subject to Section 13.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

13.3  To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

13.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

13.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

13.6  We will not be liable to you in respect of any loss or corruption of any data, database or software.

13.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

13.8  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

  1. Breaches of these terms and conditions

14.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    suspend your access to our website;

(c)    permanently prohibit you from accessing our website;

(d)    block computers using your IP address from accessing our website;

(e)    contact any or all your internet service providers and request that they block your access to our website;

(f)    commence legal action against you, whether for breach of contract or otherwise; and/or

(g)    suspend or delete your account on our website.

14.2  Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account.

  1. Third party websites

15.1  Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

15.2  We have no control over third party websites and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

  1. Trade marks

16.1  Identify trademarks, our logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

16.2  The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

  1. Variation

17.1  We may revise these terms and conditions from time to time.

17.2  The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

17.3  If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

  1. Assignment

18.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

18.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  1. Severability

19.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

19.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Third party rights

20.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

20.2  The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

  1. Entire agreement

21.1  Subject to Section 13.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

  1. Law and jurisdiction

22.1  These terms and conditions shall be governed by and construed in accordance with UK law.

22.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of UK.

  1. Statutory and regulatory disclosures

23.1  We are registered in companies House you can find the online version of the register at https://beta.companieshouse.gov.uk/company/NI634999 and our registration number is NI634999

23.2  Our VAT number is GB248182591

  1. Our details

24.1  This website is owned and operated by Outdoor Empire Limited

24.2  We are registered in Northern Ireland under registration number NI634999, and our registered office is at 6 Mandeville Mews, Portadown, Co Armagh, Northern Ireland, BT64 1AR

24.3  Our principal place of business is at (as above).

24.4  You can contact us:

(a)    [by post, using the postal address given above;

(b)    using our website contact form;

 (c)   by email, using the email info@outdoorempire.com

 

Outdoor Empire LTD

Delivery policy

  1. Introduction

1.1    In this policy we set out details of the delivery methods, periods and charges that apply to orders for our products made through our website and local email, telephone or face to face orders.

1.2    This policy is a legally binding document, and this policy shall form part of the contract of sale between you and us made under our terms and conditions of sale

  1. Free delivery

2.1    We do offer a free local delivery service on specified smaller products (Northern Ireland only)

2.2    All other orders will be subject to delivery charges as detailed in Section 5.

  1. Geographical limitations

3.1    We will usually be able to deliver to the following countries and territories: England, Scotland, Wales, Northern Ireland and Ireland.

3.2    We may from time to time agree to delivery products to other countries and territories.

  1. Delivery methods and periods

4.1    The methods that we use to deliver our products, and the time periods within which delivery is usually completed, are as follows:

(a)    Depending on the size and quantity of goods and your delivery address is NI or UK mainland, you will be able to select (Small Item standard delivery) and the typical period for delivery of products by this method will be 3-5 working days.

(b)    Larger items will be subject to a (single or double pallet drop ship) charge as calculated at checkout. Delivery of these items can be over 4-10 days. However, we will contact you to confirm and arrange delivery with you as in most instances the goods will need to be signed for.

(c)    (Non-standard shipping option) will require the shipping to be priced and agreed at the time or before the order is placed. Should the item be paid for and the before the delivery cost has been agreed. We will provide a full refund of the goods if an acceptable cost for delivery cannot be meet. Delivery will usually be over 5 working days unless express shipping has been agreed.

4.2    If you place your order by 12pm GMT on a working day, these time periods run from the close of business on that day; if you place your order after 12pm GMT on a working day, or on a non-working day, these time periods run from the close of business on the next following working day.

4.3    The delivery periods set out in this Section 4 are indicative only, and whilst we will make every effort to ensure that you receive your delivery in good time, we do not guarantee delivery before the end of the stated period.

4.4    We may conduct fraud screening checks before dispatching the product, and these checks may delay your delivery. If the delivery is likely to be delayed as a result of fraud screening checks, we will notify you.

  1. Delivery charges

5.1    Delivery charges will be calculated by our website and automatically applied to your order during the checkout process, or alternatively quoted by us.

5.2    Applicable delivery charges will depend upon the delivery method you select, the location of the delivery address, and the size and weight of the products in your order.

5.3    Our delivery charges are as follows:

(a)    in respect of (small item standard delivery), delivery charge will be a minimum of £8 and an additional cost may need to be added for some over-sized packages (large Lanterns as an example) and also if there are a number of items to be shipped together. We will contact you to agree any additional costs before the items are shipped.

(b)       Single pallet drop ship charge £50.00 (curb side delivery only)

(c)       Double pallet drop ship charge £100.00 (curb side delivery only)

5.4    We reserve the right to cancel any order should the shipping costs exceed what we would consider to be reasonable and in turn the customer is unwilling to occur the additional costs. (This would be applicable for delivery to the Outer Hebrides or some areas of central London as an example)

        In this event, a full refund of any un-supplied goods would be issued to the customer.

  1. Delivery tracking

6.1    Delivery tracking is available on request for most products.

  1. Receipt and signature

7.1    All deliveries must be received in person at the delivery address, and a signature must be provided.

7.2    Our delivery service provider will notify you in advance of attempting to make a delivery requiring signature.

  1. Additional deliveries

8.1    If an initial delivery attempt is unsuccessful, our delivery service provider may make at least 1 more attempt to deliver the products in your order. This policy will vary depending on the terms & conditions of shipping company that is being used for that specific order.

  1. Collection

9.1    If your products remain undelivered despite our delivery service provider making at least 1 more attempt to deliver them, the delivery service provider may, depending on the product leave a card at your address, with instructions on how you may collect your products, including a time limit for collection.

  1. Delivery problems

10.1  If you experience any problems with a delivery, please contact us using the contact details that we publish on our website or otherwise notify to you.

10.2  If our delivery service provider is unable to deliver your products, and such failure is deemed as your fault, and you do not collect your products from our delivery service provider within the relevant time limit. We may agree to arrange for re-delivery of the products; however, we reserve the right to charge you for the actual costs of re-delivery (even where the initial delivery was free of charge).

10.3  An indicative list of the situations where a failure to deliver will be your fault is set out below:

(a)    you provided the wrong address for delivery;

(b)    there is a mistake in the address for delivery that was provided;

(c)    the address for delivery is not reasonably accessible;

(d)    the address for delivery cannot safely be accessed;

(e)    if in-person receipt is not required, there is no easy and secure means of leaving the products at the address for delivery and there is no person available to accept delivery; or

(f)    if in-person receipt is required, there is no person available at the address for delivery to accept delivery and provide a signature.

(g)    if any previously agreed delivery instructions are not met.

 

Outdoor Empire LTD

Returns policy

  1. Introduction

1.1    We understand that from time to time you may wish to return a product to us.

1.2    We have created this policy to enable you to return products to us in appropriate circumstances.

1.3    This policy shall apply to all our customers, irrespective of their geographical location.

1.4    This policy shall apply to all orders submitted through our website.

1.5    This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

  1. Returns

2.1    If you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us and receive a refund in accordance with this policy if:

(a)    we receive the returned product within [30] days following the date of dispatch of the product to you;

(b)    the returned product is unused, in its original unopened packaging (with any seal or shrink-wrap intact), with any labels still attached, and otherwise in a condition enabling us to sell the product as new];

(c)    you comply with the procedure set out in this policy in relation to the return of the product; and

(d)    none of the exclusions set out in this policy apply.

  1. Returns procedure

3.1    In order to take advantage of your rights under this policy, you must contact us in writing to obtain a return authorisation number, and then send the product to us with a covering note quoting that number.

3.2    Products returned under this policy must be returned via the agreed method, this will vary depending on the product in question. We will set out the terms of the specific return via email.

3.3    You will be responsible for paying postage/shipping costs associated with returns under this policy.

  1. Exclusions

4.1    The following types of product may not be returned under this policy:

(a)    any product made to your specification

(b)    any product made to order

(c)    any product personalised or adapted for you

 

  1. Refunds

5.1    We will give you a refund for the price you paid to us in respect of any product properly returned by you in accordance with this policy.

5.2    We will not refund you the original delivery charges relating to the returned product.

5.3    We will not refund to you any costs you incur in returning the product to us.

5.4    We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

5.5    We will process the refund due to you as soon as possible and, in any event, within 30 days following the day we receive your returned product.

  1. Improper returns

6.1    If you return a product in contravention of this policy, and you do not have any other legal right to a refund or exchange in respect of that product:

(a)    we will not refund the purchase price or exchange the product;

(b)    we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and

(c)    if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.

  1. Our details

7.1    This website is owned and operated by Outdoor Empire Limited

7.2    Our principal place of business is at 6 Manderville Mews, Portadown, Co Armagh, Northern Ireland, BT62 3NS

7.3    You can contact us:

(a)    by post, using the postal address given above

(b)    using our website contact form

(c)    by the email, info@outdoorempire.co.uk

Outdoor Empire LTD (2018 GDRP version)

Privacy policy and use of information including cookies

In accepting our terms and conditions you are agreeing to our full privacy policy including the use collection and use of information as detailed on our privacy policy page.