Terms & Conditions
On Target
Range Ltd – Terms and Conditions
These Terms and Conditions
are the standard terms for the sale of Goods by us, On Target Range Ltd, of 13 Osyth Close,
Brackmills Industrial Estate, Northampton, England, NN4 7DY (“the Company”).
1.
Definitions and
Interpretation
1.1
In these Terms and
Conditions, unless the context otherwise requires, the following expressions
have the following meanings:
“Contract” means the contract for the purchase and sale of Goods,
as explained in
Clause 2;
“Customer”
means you,
the individual, firm or corporate body placing an Order with us;
“Goods” means the Goods which are to be supplied by us to you
as specified in your Order (and confirmed in our Order Confirmation);
“Order” means your order for the Goods;
“Order Confirmation” means our acceptance and confirmation of your Order as
described in Clause 2;
“Price” means the price payable for the Goods;
“Range” means the gun shooting range at 13 Osyth Close,
Brackmills, Industrial Estate, Northampton, England, NN4 7DY;
“Special Price” means any special offer price payable for Goods which
we may offer from time to time;
“We/Us/Our” means On Target Range Ltd., a company registered in
England under number 08939280,
whose registered office is at 13 Osyth
Close, Brackmills Industrial Estate, Northampton, England, NN4 7DY, and
includes all employees and agents of ours; and
“Website” means https://ontargetrange.co.uk and any sub-domains
of this website.
1.2
Each reference in
these Terms and Conditions to “writing” and “written” includes electronic
communications whether sent by e-mail or other similar means.
1.3
The headings used
in these Terms and Conditions are for convenience only and shall have no effect
on their interpretation.
1.4
Each reference to
the singular number shall include the plural and vice versa. Each reference to any gender shall include
the other gender. References to persons
shall include corporations.
1.5
A
statute or provision of a statute is a reference to that statute or provision
as amended or re-enacted at the relevant time.
2.
The Contract
2.1
These Terms and
Conditions govern the sale of Goods by us and will form the basis of the
Contract between you and us. Before placing
your Order, please ensure that you have read these Terms and Conditions
carefully. If you are unsure about any
part of these Terms and Conditions, please ask us for clarification.
2.2
If you wish to
place an Order with us via our Website, the Website will guide you through the
ordering process. Before submitting your
Order to us, you will be given the opportunity to review and amend it. Subject to Government
legislation certain goods (rifles, pistols, airguns and silencers) cannot be
purchased via our website.
2.3
Nothing provided
by us including, but not limited to, sales and marketing literature, price
lists and other documents constitutes a contractual offer capable of
acceptance. Your Order constitutes a
contractual offer that we may, at our discretion, accept.
2.4
A legally binding
contract between you and us will be created upon our acceptance of your Order,
indicated by our Order Confirmation.
Order Confirmations will be provided in writing.
2.5
We will ensure
that the following information is given or made available to you prior to the
formation of the Contract between you and us, unless such information is
already apparent from the context of the transaction:
2.5.1
The
main characteristics of the Goods;
2.5.2
Our
identity (set out above in sub-Clause 1.1) and contact details (set out below
in Clause 12);
2.5.3
The
total Price for the Goods including taxes;
2.5.4
Where
applicable, all additional delivery charges or, where such charges cannot be
calculated in advance, the manner in which they will be calculated;
2.5.5
The arrangements for
payment, delivery and the estimated time by which
we undertake to deliver the Goods;
2.5.6
Our
complaints handling policy.
2.6
If we, for any
reason, do not accept or cannot fulfil your Order, no payment will be taken
under normal circumstances. If we have
taken payment, any such sums will be refunded to you as soon as possible and in
any event within 14 days.
3.
Description and
Specification of Goods
3.1
We have made every
reasonable effort to ensure that the Goods conform to illustrations,
photographs and descriptions provided in our sales and marketing literature and
on our website. We cannot, however,
guarantee that all illustrations and/or photographs will be precisely accurate.
3.2
If we find, or are
made aware of, any typographical, clerical or other accidental errors or
omissions in any sales and marketing literature, price lists or any other
documents, we will make every reasonable effort to correct such errors or
omissions as soon as is reasonably possible.
3.3
We reserve the
right to make any changes in the specification of the Goods that may be
required to conform to any applicable safety or other legal or regulatory
requirements without notice.
3.4
We neither
represent nor warrant that particular Goods will be available. Stock indications are not provided on our
Website.
4.
Orders
4.1
All Orders will be
subject to these Terms and Conditions.
4.2
On entering this
agreement when purchasing rifles, pistols, airguns,
silencers or ammunition, you are confirming you are over the age of 18
years old and you know of no lawful reason as to why you should not purchase the
Goods under the Firearms Act 1968.
4.3
You may change
your Order at any time before we despatch the Goods by contacting us.
4.4
If your Order is
changed, we will inform you of any change to the Price in writing.
4.5
You may cancel
your Order at any time before we despatch or you collect the Goods, by
contacting us in writing. If you have
already paid for the Goods under Clause 5, the payment will be refunded to you within
30 days.
4.6
We may cancel your
Order at any time before we despatch the Goods if the Goods are no longer in
stock and we are unable to re-stock (if, for example, the Goods are
discontinued).
4.7
If we cancel your
Order under sub-Clause 4.6 and you have already paid for the Goods under Clause
5, the payment will be refunded to you within 30 days. If we cancel your Order, the cancellation
will be confirmed by us in writing.
5.
Price and Payment
5.1
The Price of the Goods
will be that shown at the time of your Order.
If the Price shown in your Order differs from our current Price, we will
inform you upon receipt of your Order.
5.2
If we quote a
Special Price which is different to the Price shown in our current sales and
marketing literature, the Special Price will be valid for 7 days or, if the
Special Price is part of an advertised special offer, for the period shown in
the advertisement. Orders placed during
this period will be accepted at the Special Price even if we do not accept the
Order until after the period has expired.
5.3
Our Prices may
change at any time but these changes will not affect any Orders that we have
already accepted.
5.4
We have made every
reasonable effort to ensure that our Prices, as shown in our current sales and
marketing literature and on our Website are correct. If there is an obvious pricing error on our
Website, we will be under no obligation to provide the Goods to you at the
incorrect (lower) price, even after we have sent you an Order Confirmation, if
the price error is unmistakable and could have reasonably been recognised by
you as a mis-pricing. Prices will be
checked when we process your Order.
5.5
All Prices include
VAT where specified. If the rate of VAT
changes between the date of your Order and the date of your payment, we will
adjust the rate of VAT that you must pay.
Changes in VAT will not affect any Prices where we have already received
payment in full from you.
5.6
All payments for the
Goods must be made in advance before you can take the Goods away from the Range.
5.7
We accept payment
by credit/debit card, cash or cheque.
All payments made via the Website will go through an online payment
gateway provider, such as PayPal. No
credit or debit card information is provided to us and completion of the
transaction will be subject to you agreeing to this payment gateway provider’s
terms and conditions. A separate contractual relationship is created between
you and the payment gateway provider and we cannot be held liable for any
errors, actions, omissions or incorrect charges that may be made by such third
party.
5.8
We may offer you (member’s only) an
interest-free 4 month purchase scheme (but have no obligation to do so). If we do offer this scheme to you, it is
subject to the following conditions:
5.8.1
You shall pay the Price of the Goods in 4 equal instalments, the first
of which is to be paid on the date the Order is placed;
5.8.2
Total payment must be received by us, by the end of the 4th
month after the Order has been placed;
5.8.3
You do not have any ownership rights in the Goods until payment has been
received by us in full;
5.8.4
The Goods remain our property, however you may use the Goods at any time
provided the Goods do not leave the Range and the applicable hire fee for the
Range has been paid;
5.8.5
We shall have the right to withdraw your right to the Goods and re-sell
the Goods in the event that any payments have not been made on the due date for
payment;
5.8.6
If we re-sell the Goods under sub-clause 5.8.5 no refund of any deposits
made shall be issued.
5.9
If you do not make
payment to us by the due date, we may charge you interest on the overdue sum at
the rate of 4% per annum above the Bank of England base lending rate from time
to time. Interest will accrue on a daily
basis from the due date for payment until the actual date of payment of the
overdue sum, whether before or after judgment.
You must pay any interest due when paying an overdue sum.
5.10
The provisions of
sub-Clause 5.9 may not apply if you have
promptly contacted us to dispute an invoice in good faith. No interest will accrue while such a dispute
is on-going.
5.11
You own the Goods
once we have received payment in full for them.
6.
Delivery
6.1
Rifles, pistols and silencers are unable to be delivered to a personal
address; these items can be purchased and collected at the Range address, face to face and identification must be provided
6.2
Alternatively these items can be delivered to a Registered Firearms
Dealer in your area. Please note the
receiving dealer may levy a charge for this service.
6.3
All other items can be delivered to a UK address. Our
Prices exclude the cost of delivery. The delivery costs will be added on to the final sum due. If ordering via our Website, delivery options
and any related charges will be presented to you as part of the Order process.
7.
Faulty, Damaged or Incorrect Goods
7.1
By law, we must provide Goods that are of satisfactory
quality, fit for purpose, as described at the time of purchase, and that match
any samples or models that you have seen or examined (unless we have made you
aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are
damaged when you receive them, or if you receive incorrect Goods, please contact us as soon as reasonably possible to inform us of the
fault, damage or error, and to arrange for a refund or replacement.
7.2
Beginning on the day that you receive the Goods (and
ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated
above. Alternatively, you may request a
replacement.
7.3
If the packaging is damaged on delivery, please contact us within 48
hours of delivery so we can investigate the issue with the delivery company.
7.4
To return Goods to us for any reason under
this clause 7, please contact us to arrange for them to be returned. You will need to return the Good(s) unopened, in the original packaging.
7.5
On receipt of the returned Goods, if we prove them to be
faulty, damaged or incorrect, we will provide you with a replacement within a
reasonable time and will reimburse you for the postage costs in returning them
to us.
7.6
In certain circumstances, where a replacement is impossible or otherwise
disproportionate, we may instead offer you a full refund, including any
delivery costs paid by you when the Goods were originally
purchased. Refunds will be issued within
14 days of the day on which we agree that you are entitled to the refund.
7.7
Please note that you may not return Goods
to us under
this clause 7 merely because you have changed your mind. If you are a consumer in the European Union
you have a legal right to a 14 calendar day cooling off period within which you
can return Goods for this reason. Please refer to clause 8 for more details.
8.
Cancelling and Returning Goods if You Change Your Mind
8.1
If you are a consumer in the European Union, you have a legal right to a
“cooling off” period within which you can cancel the Contract for any
reason. This period begins once your
Order is complete and we have sent you your Order Confirmation, i.e. when the
Contract between you and us is formed.
8.2
Please note this “cooling off” period does not apply to Orders made in
person at the Range or Orders under the value of £42 (including delivery costs
and other charges).
8.3
If the Goods are being delivered to you
in a single instalment (whether single or multiple items), the cooling off
period ends 14 calendar days after the day on which you receive the Goods.
8.4
If the Goods are being delivered in
separate instalments on separate days, the cooling off period ends 14 calendar
days after the day on which you receive the final instalment of Goods.
8.5
If you wish to exercise your right to cancel under this clause 8, you
must inform us of your decision within the cooling off period. You may do so in any way you wish, however
for your convenience we offer a cancellation form on our Website and will
include a link to it with the Order Confirmation. Cancellation by email or by post is effective
from the date on which you send us your message. Please note that the cooling off period lasts
for whole calendar days. If, for
example, you send us an email or letter by 23:59 on the final day of the
cooling off period, your cancellation will be valid and accepted.
8.6
Please ensure that you return Goods
to us no more
than 14 calendar days after the day on which you have informed us that you wish
to cancel under this clause 8.
8.7
You may return Goods to us by post or another
suitable delivery service of your choice to our returns address provided with
the Goods.
Please note that you must bear the costs of returning Goods to us if cancelling under this clause 8.
8.8
Refunds under this clause 8 will be issued to you using the same payment
method that you used when ordering the Goods
unless you
specifically request otherwise, within 14 calendar days of the following:
8.8.1
The day on which we receive the Goods back; or
8.8.2
The day on which you inform us (supplying
evidence) that you have sent the Goods back (if this is earlier than the day under clause 8.8.1); or
8.9
If we have not yet provided an Order Confirmation or have not yet
dispatched the Goods, the day on which you
inform us that you wish to cancel the Contract.
9.
Guarantee
9.1
We warrant to you that any Goods purchased from us are of satisfactory
quality and fit for the purpose for which the Goods of such kind are commonly
supplied. More information on your rights as a consumer
can be obtained from your local Citizens Advice Bureau or from the Office of
Fair Trading.
9.2
We cannot
guarantee any defects in the Goods caused by:
9.2.1
Normal
wear and tear;
9.2.2
Deliberate
damage and/or misuse of the Goods;
9.2.3
Accidental
damage;
9.2.4
Failure
to use the Goods in accordance with our
instructions;
9.2.5
The
alteration of the Goods by you or any third party that is not authorised by us.
9.3
We offer a
12-month warranty on all items purchased on or after 16th June 2017. The
12-month warranty does not cover physical damage, water damage, damage caused
under the provisions of clauses 9.2.1 – 9.2.5 inclusive, or any damage caused
by improper use; it only includes faults arising in the course of normal use.
10.
Our Liability
10.1
We will be
responsible for any foreseeable loss or damage that you may suffer as a result
of our breach of these Terms and Conditions or as a result of our
negligence. Loss or damage is
foreseeable if it is an obvious consequence of our breach or negligence or if
it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or
damage that is not foreseeable.
10.2
Under no
circumstances will we be liable to you for any loss of profit, loss of
business, interruption to business or for any loss of business opportunity
whatsoever.
10.3
Nothing in these
Terms and Conditions seeks to exclude or limit our liability for death or
personal injury caused by our negligence (including that of our employees,
agents or sub-contractors); or for fraud or fraudulent misrepresentation.
10.4
Furthermore,
nothing in these Terms and Conditions seeks to exclude or limit our liability
with respect to any of your rights as a consumer.
11.
Events Outside of
Our Control (Force Majeure)
11.1
We will not be
liable for any failure or delay in performing our obligations where that
failure or delay results from any cause that is beyond our reasonable
control. Such causes include, but are
not limited to: failure of any sub-contractor, power failure, internet service
provider failure, industrial action, civil unrest, fire, explosion, flood,
storms, earthquakes, subsidence, acts of terrorism or war, governmental action,
epidemic or other natural disaster, or any other event that is beyond our
control.
12.
Complaints and
Feedback
12.1
We always welcome
feedback from our customers and, whilst we always use all reasonable endeavours
to ensure that your experience as a customer of ours is a positive one, we
nevertheless want to hear from you if you have any cause for complaint.
12.2
All complaints are
handled in accordance with our complaints handling policy and procedure,
available on request.
12.3
If you wish to
complain about any aspect of your dealings with us, please contact us in writing
at the address or email address available on our Website.
13.
How We Use Your
Personal Information (Data Protection)
13.1
All personal
information that we may collect (including, but not limited to, your name and
address) will be collected, used and held in accordance with the provisions of
the Data Protection Act 1998 and your rights under that Act.
13.2
We may use your
personal information to:
13.2.1
Provide
our Goods and services to you;
13.2.2
Process
your payment for the Goods; and
13.2.3
Inform
you of new goods and services available from us. You may
request that we stop sending you this information at any time.
13.3
In certain
circumstances (if, for example, you wish to purchase Goods on credit), and with
your consent, we may pass your personal information on to credit reference
agencies. These agencies are also bound
by the Data Protection Act 1998 and should use and hold your personal
information accordingly.
13.4
We will not pass
on your personal information to any other third parties without first obtaining
your express permission.
14.
Other Important
Terms
14.1
We may transfer
(assign) our obligations and rights under these Terms and Conditions (and under
the Contract, as applicable) to a third party (this may happen, for example, if
we sell our business). If this occurs
you will be informed by us in writing.
Your rights under these Terms and Conditions will not be affected and our
obligations under these Terms will be transferred to the third party who will
remain bound by them.
14.2
You may not
transfer (assign) your obligations and rights, including the benefit of the
guarantee in Clause 9, under these Terms and Conditions (and under the
Contract, as applicable) without our express written permission.
14.3
The Contract is
between you and us. It is not intended
to benefit any other person or third party in any way and no such person or
party will be entitled to enforce any provision of these Terms and
Conditions.
14.4
If any of the
provisions of these Terms and Conditions are found to be unlawful, invalid or
otherwise unenforceable by any court or other authority, that / those
provision(s) shall be deemed severed from the remainder of these Terms and
Conditions. The remainder of these Terms
and Conditions shall be valid and enforceable.
14.5
No failure or
delay by us in exercising any of our rights under these Terms and Conditions means
that we have waived that right, and no waiver by us of a breach of any
provision of these Terms and Conditions means that we will waive any subsequent
breach of the same or any other provision.
15.
Governing Law and
Jurisdiction
15.1
These Terms and Conditions and any contract between us will be in
accordance with the laws of England and Wales and any dispute will fall within
the jurisdiction of the courts of England and Wales.