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Terms And Conditions

 

Terms & Conditions

 

IMPORTANT NOTE: As well as reading the following Terms & Conditions to which you have agreed by using this Site, you should also refer to the terms and conditions of each individual supplier ("Associate”) on their Lesser-Spotted home or product pages before making any order.

1. About us

The Services are operated by Lesser Spotted ("we"). Our office address at Yew Tree Farm, Maker Lane, Hoar Cross, Staffordshire DE13 8QR Our VAT number is 174 5303 15

2. What are these Terms & Conditions

By using this Site, whether as a registered user or a guest, you are agreeing to these Terms and Conditions.

In addition, if you buy goods through this Site you agree both to these Terms and Conditions and to any terms and conditions of the “Associate” from whom you are buying those goods.

So, please read these Terms and Conditions carefully before you use this Site or buy anything through it. If you do not agree to these Terms and Conditions please stop using it immediately and do not buy anything through it.

We may change these Terms and Conditions from time to time and will publish those changes on this Site.

3. Using this site

You will need to register with us in order to purchase goods or services from our associates through this Site.

If you do not register with us we will allow you to use this Site (subject to these Terms and Conditions) but not to buy goods through it.

If you register with us we will allow you to use this Site and to buy goods through it but We may withdraw, restrict or change the service we provide through the site without notice.

4 The service we provide and what we don’t provide or promise

We do not make any of the products on this Site. We simply act as agents for the Associates. The contract you make through this Site is, therefore, with the Associate from whom you are buying and not with Lesser Spotted. (though We are the ‘Merchant of Record’ for the purpose of your credit card transaction).

We are, in effect, simply a market place. Whilst we select the suppliers who sell on this Site with care We never have possession of the goods you buy and We cannot and do not examine, inspect or test the goods and/or service you buy from any of those Associates. Nor do We examine or inspect any services provided through this Site. So We do not know whether the claims made by the Associates for those goods and/or services are correct.

Accordingly, We do not warrant that:

1 the Associates from whom you buy goods has title to or the right to sell them; or

2 the claims which the Associates make on this Site are true; or

3 any goods you buy are of satisfactory quality or fit for the purpose for which you may reasonably be buying them; or

4 any services you buy are of satisfactory quality.

5 This does not, of course, affect your statutory rights.

You accept that clause 4.3 above satisfies the requirements of reasonableness.

5 How the contract should work

When you place an order you are making an offer to purchase the goods and/or services specified in it subject to these Terms & Conditions and any additional terms and conditions notified to you by the Associates.

No order shall be deemed to be accepted by the Associate until that Associate issues an email acceptance of order.

We may refuse to process a transaction or to provide a service at any time. We will not be liable to you or anyone else if We do this or through us unwinding or suspending any transaction after processing has begun.

The contract will relate only to those goods and/or services notified in the email acceptance of order.

You may pay for the goods and services you buy through us by using a debit or credit card through SAGEPAY and Paypal, our online payment facility.

All prices:

1 are in pounds sterling (£), and are payable in that currency;

2 include any VAT except where We say otherwise.

Your shopping basket on the Site displays the goods and/or services you have chosen, the Maker who will supply them and details of post and packing.

The delivery costs vary according to the delivery methods used by the relevant Associate. We only charge for the actual cost of delivery.

In accepting or otherwise processing your payments related to the purchase of items from sellers, we act in the capacity as commercial agent of the Associate. The Associate acknowledges and agrees that the valid payment by you to us for the purchase of item(s) between you and the Associate will satisfy your obligation to pay the Associate for the relevant item(s) and consequently, any debt obligations owed by you to the Associate for the purchase of such items shall be extinguished at that time. The Associate further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us.

You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that delivery charges will vary depending on the destination to choose to have the item delivered.

6 Delivery arrangements

The delivery costs for each Seller vary according to the delivery methods they offer. Any delivery times quoted are in working days.

The products and services We and the Makers offer are directed solely at UK residents. Accordingly, neither We nor the Makers who offer goods and services on this Site represent that any products or services sold through this Site are appropriate or available for use outside of the UK. It is your responsibility to comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

7 Returning Goods

If you wish to discuss or organise a return, exchange or refund of any non-returnable item purchased through the Site (see below for a description of non-returnable items), please contact Lesser-Spotted.
Non-returnable items include-
Bespoke items

Personalised items

Each request to returns these items which be done at our discretion.


See our Returns and Refunds Policy

8 Privacy

Any personal data and other information provided by you is processed by Us in accordance with our PRIVACY POLICY By providing any such personal data or other information you agree to the terms of our Privacy Policy.

We will, of course, disclose your identity and other necessary information to the associates from whom you buy goods to enable them to process your order, and you authorise us to disclose this information to those associate.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms & Conditions.

9 Intellectual property

  1. We are the owner or the licensee of all intellectual property rights in this Site, and in the material published on it. The Site and the material on it is protected by copyright laws around the world and We reserve all our rights under those laws.
    1. You must not use any part of the materials on our site for commercial purposes without first obtaining a licence to do so from Us or our licensors.
    2. If you breach these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
      1. We respect the intellectual property rights of others and We ask our makers to do the same. If you believe that any of your intellectual property rights have been infringed on the Site, please email INFO@LESSER-SPOTTED.CO.UK to report the problem.

10 Other Uses and Abuses of this Site

a You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

b You must not frame this Site on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.

c This Site provides links to other websites for your information. We have no control over such sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

d You must not misuse this Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.

e By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

f We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

11 Waiver

If We fail at any time to insist upon strict performance of any of your obligations under these Terms & Conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under them, this does not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by Us of any default shall not constitute a waiver of any subsequent default.

No waiver by Us of any of these Terms & Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

12 Severability

If any of these Terms & Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will, to that extent, be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

13 Entire agreement

These Terms & Conditions and any document expressly referred to in them represent the entire agreement between Us and supersede any prior agreement, understanding or arrangement between Us, whether oral or in writing.

14 Force majeure

Where We or one of the Associate is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Associate’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials the date of delivery shall be postponed for the period that the circumstances continue.

15 Law and jurisdiction

Contracts for the purchase of goods through our Site will be governed by the law of England and Wales. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Disclaimer of Warranties and limitation of liability

(a )To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.

(b) The Site is provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.

(c)  Nothing in these Customer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

 

16 Feedback

We welcome your comments about this Site and the goods and services sold on it. You can contact Us best by email at INFO@LESSER-SPOTTED.CO.UK

17 Accessing our Service

Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.

From time to time, we may restrict access to any or all of the Services, to users who have registered with us. Any personal data and other information provided by you is processed by us in accordance with our PRIVACY POLICY By providing any such personal data or other information you agree to the terms of our PRIVACY POLICY

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Customer Terms.

We reserve the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate.

18 Uploading material to the Site

Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

Any material a user uploads to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Site.

19 Rights of Third Parties

No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either Lesser-Spotted or the Associates) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the rights of Lesser Spotted when acting as commercial agent of any Seller.

20 Gift Vouchers T and C’s

Additional terms and conditions may apply to certain of our products and services. These products and services, and the terms and conditions which apply to them, are set out below.

When purchasing a gift voucher or using a gift voucher to make a purchase on lesser-spotted.co.uk, you agree to be bound by the Terms and Conditions for Shoppers above and also to be bound by the special conditions relating to gift vouchers below.

how to purchase and redeem gift vouchers:

1. When purchasing a gift voucher from lesser-spotted.co.uk the purchaser must choose a gift voucher type and design.

2. Email gift vouchers will be dispatched by email to the designated email account as soon as payment for the gift voucher has been cleared.

3. lesser-spotted.co.uk gift vouchers can be redeemed only on Lesser-Spotted.co.uk towards the purchase of items currently featured on our Site and items sourced using the Spotted for You Service including p&p (subject to availability).

4. It is the responsibility of the purchaser to ensure that the delivery email address entered is correct. We cannot be responsible for the incorrect delivery of gift vouchers due to an error by a customer (such as, a mis-typed email address).

5. Our standard payment methods apply for the purchase of gift vouchers. Gift vouchers are only available for purchase in pounds sterling.

6. When redeeming gift vouchers the unique gift voucher code stated on the gift voucher will need to be entered at the checkout.

7. If the goods purchased total less than the value of the gift voucher, any gift voucher balance will be held against your account on lesser-spotted.co.uk under 'my funds'.

8. If the goods purchased exceed the amount of the gift voucher, the balance must be paid by credit or debit card when the gift voucher is redeemed.

9. Our standard terms and conditions shall apply regarding the purchase of goods made using a gift voucher.

general gift voucher terms and conditions:

1. By purchasing and/or redeeming a gift voucher you will be deemed to have read and understood these terms and conditions and agree to be bound by them.

2. The terms and conditions on the Site shall apply to gift vouchers. If and to the extent there is a conflict or inconsistency between the terms and conditions of the Site and these gift voucher terms and conditions, the gift voucher terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the Site terms and conditions shall also apply to these gift voucher terms and conditions.

3. lesser-spotted.co.uk gift vouchers can be redeemed only on lesser-spotted.co.uk towards the purchase of items currently featured on our Site including p&p (subject to availability).

4. Gift vouchers are an arrangement between you and us or the gift voucher holder and not the sellers using lesser-spotted.co.uk. Gift vouchers cannot be redeemed on the individual websites of any sellers on lesser-spotted.co.uk.

5. Gift vouchers cannot be purchased in conjunction with any other goods on lesser-spotted.co.uk in the same transaction.

6. Gift vouchers cannot be used to purchase other gift vouchers.

7. The maximum value of gift vouchers that can be purchased in any one order is £500.

8. We shall not be responsible if a gift voucher is lost, stolen, damaged, impaired, corrupted, destroyed, deleted or used without permission.

9. We cannot be held responsible for gift vouchers that cannot be delivered due to the recipient's spam filters, firewalls, capacity of the mailbox or any other factors outside of our control.

10. Gift vouchers must be redeemed within one year of the date of dispatch by us and will expire after such date.

11. These gift vouchers are provided and operated by Lesser-Spotted, Yew Tree Farm, Maker Lane, Hoar Cross, Staffordshire DE13 8QR Our VAT number is 174 5303 15

21 Promotional code terms and conditions

1. By using a promotional code you will be deemed to have read and understood these terms and conditions and agree to be bound by them.

2. The terms and conditions on the Site shall apply to promotional codes. If and to the extent there is a conflict or inconsistency between the terms and conditions of the Site and these promotional code terms and conditions, the promotional code terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the Site terms and conditions shall also apply to these promotional code terms and conditions.

3. Lesser-Spotted promotional codes can only be used on Lesser-Spotted.co.uk and towards the purchase of items currently featured on our Site excluding delivery charges.

4. Promotional codes are an arrangement between you and us and not the Sellers using lesser-spotted.co.uk. Promotional codes cannot be used on the individual websites of any Sellers on Lesser-spotted.co.uk.

5. Promotional codes cannot be used in conjunction with the group gifting payment option, with any other offer on Lesser-spotted.co.uk in the same transaction, or for the purchase of gift vouchers.

6. The discount associated with a promotional code is applied to your entire basket, excluding any delivery charges. Promotional codes are a combination of letters and numbers, eg, SUKVST1234567, and should be entered on the payment page during checkout for the discount to apply.

7. Each promotional code will have a limited time period in which to be used and/or a maximum number of orders per code. The code will be invalid once these limits have been reached. Specific terms and conditions for each promotional code setting out these limits can be found in the communication you received with the code itself.

8. Lesser-Spotted.co.uk reserves the right to suspend, change or cancel any promotional code, at any time, in the event of circumstances arising which make it necessary to do so. Lesser-Spotted.co.uk may update these terms from time to time and reserves the right to add additional terms and conditions for specific promotional codes as and where necessary. You should review the promotional code terms and conditions periodically for changes.

9. Promotional codes have no cash value, cannot be transferred and cannot be forwarded or reassigned.

10. Any refund you may be entitled to receive will not include the redemption value of the promotional code. You will receive no more than the amount you paid towards the final basket price.

11. These promotional codes are provided and operated by Lesser-Spotted, Yew Tree Farm, Maker Lane, Hoar Cross, Staffordshire DE13 8QR Our VAT number is 174 5303 15