Terms & Conditions
These Terms tell you the terms and conditions on which You purchase Goods from the Website. You should understand that by ordering any Goods You agree to be bound by these Terms. The purchase of any Goods advertised on our Website may also be subject to the additional terms of purchase or third party terms of purchase which appear on the relevant page. You should read all applicable terms carefully before making any order on the Website.
"Terms" means these terms and conditions;
"Goods" means goods displayed for sale on the Website;
"Users" means the users of the Website collectively;
"User Information" means the details provided by You on any application to buy Goods from us via the Website;
"We/Us/Our" means FishingApp Tackle and Bait;
"Website" means the website located at https://www.fishingapp.net or any subsequent URL which may replace it; and
"You/Your" means a user of the Website.
USE OF THE WEBSITE
This Website is operated by FishingApp Tackle and Bait.
You as a customer will transact with Us.
We reserve the right to:
i) update these Terms from time to time and any changes will be notified to You via a suitable announcement on the Website. It is Your responsibility to check for such changes. The changes will apply to the use of the Website after We have given such announcement. If You do not wish to accept the new Terms You should not continue to use the Website. If You continue to use the Website after the date on which the change comes into effect, your use of the Website indicates Your agreement to be bound by the new Terms; and
ii) modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to You and You confirm that We shall not be liable to You for any modification to or withdrawal of the Website or its contents.
You warrant that:
i) the personal information which You are required to provide when You register is true, accurate, current and complete in all respects;
ii) You are not impersonating any other person or entity; and
iii) You will notify us immediately of any changes to the personal information by e-mailing or telephoning Our customer service representatives at:
e-mail address: [email protected]
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website: any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character.
4. Third Party Links
As a convenience to Our customers, the Website may include links to other websites or material which is beyond Our control ("Third Party Material"). We are not responsible for Third Party Material nor do We review or endorse it. We will not be liable in connection with Your use of any Third Party Material including (without limitation) for the privacy practices or content of such Third Party Material.
Our Website may, from time to time include content, services and hypertext links to websites owned, operated, controlled and/or provided by third parties ("Third Party Content"). Your use of any Third Party Content may be subject to the relevant third party’s terms and conditions, and it is Your sole responsibility to make Yourself aware of those terms and conditions.
All orders are subject to acceptance and availability. If the Goods ordered are not available, You will be notified by e-mail (or by other means if no e-mail address has been provided) and You will have the option either to wait until the item is available from stock or to cancel Your order. Any orders placed by You will be treated as an offer to purchase the Goods from Us and We have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of Your order which You may receive from Us shall not amount to Our acceptance of Your offer to purchase Goods. The conclusion of a contract between You and Us will take place when We (i) debit Your credit or debit card or (ii) despatch the Goods to You, whichever is the earlier.
We will take all reasonable care, in so far as it is in Our power to do so, to keep the details of Your order and payment secure, but in the absence of negligence on Our part We cannot be liable for any loss You may suffer if a third party procures unauthorised access to any data provided by You when accessing or ordering from the Website.
Each of the Goods purchased may be sold subject to additional specific terms and conditions related to those particular Goods including, without limitation, terms and conditions concerning estimated delivery times and any warranties. Please ensure that You read such additional terms.
Delivery will be to the address provided by You.
The price of delivery will be notified to You on the Website.
Please be aware that all delivery timescales are estimates only and We shall not be liable in the event that they are not met.
6. Cancellation Rights:
Where You have purchased the Goods as a consumer (i.e. for private use as opposed to business use), please note that You are entitled to cancel any contract completed with Us within 7 working days, beginning on the day after receipt of the Goods. If You do cancel a contract pursuant to this clause, then:
i) You must notify Us in writing by sending an e-mail to [email protected] or a letter to:
FishingApp Tackle and Bait Ltd
F.A.O. L Hicks
75 Gilberthorpe Street
ii) You must retain possession of the Goods and ensure that the Goods are kept in the same condition as they were when they were delivered until such time as the Goods are either collected by Us or delivered back to Us by You;
ii) We will refund any monies You have paid to Us within 30 days of receipt of Your cancellation notice.
Iii If you inform us of your intension for a refund and return of products, you must do so within 30 days from notifying us, all items returning MUST be recorded delivery to ensure the item is tracked. We will contact you either via telephone call or email to confirm successful delivery return.
7. Price and Payment
We reserve the right, however, to change prices at any time without notice to You.
We accept payment by most major credit or debit cards, however, We do not accept American Express or Diners Club. Payment will be debited and cleared from Your account before the despatch of Your Goods to You. We will not despatch Goods where cleared payment has not been received.
Any payments held by eBay or PayPal on purchasing a product will also not be despatched until the balance is cleared.
You confirm that the credit or debit card that is being used is Yours. We are not liable for any fraudulent transactions due to Your negligence.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of Your payment card refuses to or does not, for any reason, authorise payment to Us We will not be liable to You for any delay or non-delivery.
8. Eligibility to Purchase
To be eligible to purchase Goods on this Website and lawfully enter into and form contracts on this Website under English law You must:
i) be an individual, be 18 years of age or over; and
ii) stipulate a delivery address in the United Kingdom (excluding the Channel Islands); and
iii) register Your real name, address, phone number, e-mail address any other details requested.
By offering to purchase Goods You represent to Us that You are 18 years of age or over, You are based in the UK and you authorise Us to transmit information submitted by You (included updated information) to obtain information from third parties, including but not limited to, Your debit or credit card numbers or credit reports to authenticate Your identity, to validate Your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
If You want to return an item to Us, You’ll need a Returns Authorisation number. To get one, email Us [email protected]
In the event that the Goods do not conform with Your order or are faulty on delivery, You may:
i) reject the Goods and request a refund of the price in full, provided such rejection is made within 28 (twenty eight) days of purchase and the Goods are returned to us with all original components; or
ii) request a repair or replacement of the Goods provided such request is made within 28 (twenty eight) days of purchase and the Goods are returned to us with all original components.
We shall not, however, be liable for any indirect or unpredictable expense arising as a result of such non-conformity or fault, nor will We be liable to repair the Goods where the cost of repair would be disproportionately higher than the cost of replacement (or vice versa).
9. Intellectual Property
The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and You acknowledge that the material and content supplied as part of the Website shall remain with Us or Our licensors.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for Your own personal, non-commercial use, provided You keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website. The FishingApp Tackle & Bait logo, and any other trademarks or service marks shown on this Website are owned by Us or other third party owners. Any trademark or service mark may not be used as a hyper-link without Our prior written permission. Any unauthorized use of the trademarks or service marks is prohibited. Access to this site does not imply or grant any right to use any trademarks or registered trademarks and no licenses or right to use are granted by implication estoppel or otherwise in respect of any copyrights, patents, trademarks, services marks in relation to this web site.
10. Limitation Liability
Notwithstanding any other provision in the Terms, nothing in these Terms will affect or limit Your rights as a consumer under English law or exclude or limit in any way
Our liability for:
i) death or personal injury resulting from Our negligence;
ii) fraud or fraudulent misrepresentation; or
iii) any other liability the limitation or exclusion of which is prohibited by English law.
Our liability for losses You suffer as a result of us breaking the terms of any order placed by You and accepted by Us (in accordance with these Terms) is strictly limited to the purchase price of the Goods which You purchased as part of that order.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of use of data; or waste of management or office time, however arising and whether caused by tort (including negligence), breach of contract or otherwise.
The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and We make no warranties, whether express or implied, in relation to it and its use. Whilst We take care to ensure the accuracy of the content, to the extent permitted by law, We assume no legal liability for and do not warrant that the information contained on this Website is accurate or complete, or that these web pages will be free from errors or that its availability will be uninterrupted and We hereby expressly disclaim and exclude all express and implied warranties, terms or conditions not stated herein, so far as such exclusion or disclaimer is permitted under the applicable law. We exclude all liability to any person for any loss or damage caused by any errors or omissions, whether such errors or omissions result from negligence, accident or any other cause.
Whilst we take every care of Your data and try to ensure security or privacy of the Website and any information provided by You, You will appreciate that third parties will on occasion breach that security and You must bear the risk associated with use of the Internet.
Whilst We will try to ensure that material included on the Website is correct, reputable and of high quality, We cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems You may experience with the Website. If We are informed of any inaccuracies in the material on the Website We will attempt to correct this as soon as We reasonably can.
We may provide links on the Website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products You purchase from third party sellers through those links will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect Your statutory rights against the third party seller. Where You buy any Goods from a third party seller through our Website, the seller's individual liability will be set out in the seller's terms and conditions.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
No waiver by Us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
The Website is controlled and operated in the United Kingdom. These Terms and any non-contractual obligations arising out of or in connection with these Terms will be governed by the laws of England and Wales and You irrevocably agree to submit to the exclusive jurisdiction of the English courts.
Whilst We take care to ensure the accuracy of the content, to the extent permitted by law, We assume no legal liability for and do not warrant that the information contained on this Website is accurate or complete, or that these web pages will be free from errors or that its availability will be uninterrupted and We hereby expressly disclaim and exclude all express and implied warranties, terms or conditions not stated herein, so far as such exclusion or disclaimer is permitted under the applicable law. We exclude all liability to any person for any loss or damage caused by any errors or omissions, whether such errors or omissions result from negligence, accident or any other cause but this disclaimer is without prejudice to any claims for fraudulent misrepresentation, personal injury or death.
15. Submissions of Information
Please do not send Us any information or material You consider to be confidential or proprietary information, such as business or product ideas concepts, know-how or techniques.
By submitting any material or information to Us, You agree:
That such material or information is not confidential or proprietary and We shall be free to use any such information in any manner for any purpose without charge or liability to You and You agree not to take any action against Us in relation to the use of such material or information,
That You own or have unrestricted rights to the material or information submitted to Us;
To take reasonable steps to ensure that the material or information is free from any known computer viruses, or other contaminates, including but not limited to any code or instructions that may be used to modify damage disable or compromise the security of this Website, or Our computer systems or networks Posting or transmitting to or from the Website any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law, is prohibited.
The purchase of any Goods advertised on this Website may be subject to the additional terms of purchase which appear on the relevant page
You may not transfer, assign, charge or otherwise dispose of any of Your rights or obligations arising under these Terms, without Our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of any of Our rights or obligations arising under these Terms, at any time.
18. Events Beyond Our Control
We will not be liable for any failure to perform Our obligations under these Terms to the extent that such failure is due to circumstances beyond Our reasonable control. In such circumstances We may suspend performance of Our obligations until such time as We are able to perform.
If any such suspension continues for a period in excess of one month, You may cancel Your order and receive a full refund of all sums paid. If You choose not to cancel your order or if the suspension does not continue for a period in excess of one month then We shall notify you of a new delivery date.
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