Terms and Conditions of supply of The Clay Pigeon Company Products
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site, over the telephone or face to face with one of our sales representatives. Please note that before placing an order you will be asked to agree to these Terms.
Please click on the button marked “I Accept” at the end of these Terms if you accept them when ordering on our site. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms -or save them to your computer for future reference.
We may amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms, and any Contract between us, are only in the English language.
IN THE EVENT THAT YOU EXPERIENCE ANY ISSUES WITH THE PRODUCT SUPPLIED YOU SHOULD CEASE TO USE THE PRODUCT AND CONTACT US ON THE TELEPHONE NUMBER SUPPLIED WITHIN 24 HOURS OF FIRST EXPERIENCING TECHNICAL DIFFICULTIES WITH THE PRODUCTS. YOU MUST READ THE TECHNICAL INFORMATION SUPPLIED WITH THE PRODUCT PRIOR TO USE AND IF YOU HAVE ANY CONCERNS ABOUT THE PRODUCT CONTACT OUR CUSTOMER SERVICES NUMBER.
1 Information about us
1.1 We operate the website claypigeoncompany.co.uk. We are The Clay Pigeon Company Limited, a company registered in England and Wales under company number 04042428 and with our registered office at Sherwood House, Normanton Lane Industrial Estate, Bottesford, Nottinghamshire, NG13 0EN. Our VAT number is 763688677.
1.2 To contact us, please see the footer of our page at www.claypigeoncompany.co.uk
2 Our products
2.1 The specification for the Products shall be as set out in our web pages and other sales documentation. The Products will only be supplied in the minimum units or multiples as stated in our price list or in multiples of the sales order as specified. Orders received for quantities other than these will be adjusted accordingly and illustrations, photographs or descriptions whether in web pages, catalogues, brochures, price lists or other documents issued by us are intended as a guide only and shall not be binding on us.
2.2 We reserve the right to make any changes in the specification or description of the Products which are required to conform from time to time to any applicable safety or other statutory or regulatory requirements, or where the Products are to be supplied to our specification, which do not materially affect their quality or performance.
2.3 The packaging of the Products may vary from that shown on images on our site.
2.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
2.5 All Product descriptions and/or advice provided by this website or given via email, any brochure, catalogue, etc. should only be used by you as a guide.
2.6 For business customers only: We warrant that on delivery and for the period stated in the Product Specification accompanying the Products, or in our confirmatory email (Warranty Period) the Products shall:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship; and
(c) be of satisfactory quality within the meaning of the Sale of Goods Act 1979 and be fit for any purpose we hold out.
(a) you give us notice in writing during the Warranty Period within a reasonable time of discovery that some or all of the Products do not comply with the warranty set out above;
(b) we are given a reasonable opportunity to examine such Products; and
(c) you (if asked to do so by us) return such Products to our place of business at your cost,
we shall at our option repair or replace the defective Products or refund the price of the defective Products in full.
2.8 We shall not be liable for Products failure to comply with the warranty set out in clause 2.6 above in any of the following events:
(a) In respect of clay pigeons which are supplied free of charge;
(b) you make further use of such Products after giving notice in accordance with clause 2.7 above;
(c) the defect arises because you have failed our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good trade practice regarding the same;
(d) you alter or repair the Products without written consent from us;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence or abnormal storage or working conditions;
(f) the defect is within the ten percent manufacturing tolerance for clay pigeons which is the accepted industry standard for clay pigeons.
2.9 Except as provided above we shall have no liability to you as a business Customer in respect of the Products’ failure to comply with the warranty set out in clause 2.6 above.
2.10 The terms applied by section 3 to 15 of the Sale of Goods Act 1979 are, to the fullest extent, permitted by law, excluded from the Contract.
2.11 Where you are purchasing the Products as a consumer, the provisions of clause 10 apply.
3 Use of our site
Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
4 How we use your personal information
5 If you are a consumer
This clause 5 only applies if you are a consumer. You are deemed to be a consumer if you are an individual acting wholly or mainly for personal purposes, outside your trade, business, craft or profession when purchasing the Products.
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6 If you are a business customer
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
7 How the contract is formed between you and us
7.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 Our acceptance of your order will take place when we email you to accept it at which point a contract will come into existence between you and us.
7.3 If we are unable to accept your order we will inform you of this in writing and will not charge you for the Products. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements; because we have identified an error in the price or the description of the Products or because we are unable to meet a delivery deadline you have specified. If you have already paid for the Products we will refund you as soon as possible.
7.4 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
8 Our right to vary these terms
8.1 We may at our sole discretion revise these Terms from time to time including, but not limited to, the following circumstances:
(a) changes in how we accept payment from you; and
(b) changes in relevant laws and regulatory requirements.
8.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
9.1 Delivery costs. The costs of delivery will be displayed to you on our website or communicated to you via email.
9.2 Your order will be fulfilled by the estimated delivery date set out in the dispatch confirmation email, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control or due to your failure to provide us with adequate delivery instructions or any other delivery instructions that are relevant to the Products, we will contact you with a revised estimated delivery date. It is your responsibility to check all of the order details set out in the order confirmation, prior to despatch.
9.3 Delivery will be completed when we deliver the Products to the address you gave us. If you are not in to sign for and take delivery of the Products we will notify you of the attempted delivery date and time.
9.4 If, after a failed delivery to you, you do not re-arrange delivery or collect the Products from us we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts we are unable to contact you or re-arrange delivery we may end the Contract and clause 13 will apply.
9.5 This clause applies if you are a consumer. You have legal rights if we delivery any Products late. If we miss the delivery deadline for any Products then you may treat the Contract as at an end straight away if any of the following apply:
(a) We have refused to deliver the Products;
(b) Delivery within the delivery deadline was essential (taking into account all relevant circumstances); or
(c) You told us before we accepted your order that delivery within the delivery deadline was essential.
9.6 If you do not wish to treat the Contract as if an end straight away or do not have the right to do so under clause 9.5, you can give us a new deadline for delivery which must be reasonable and you can treat the Contract as at an end if we do not meet the new deadline.
9.7 If you do choose to treat the Contract as at an end for late delivery under clause 9.5 or 9.6 you can cancel your order for some of those Products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Products and their delivery. If the Products have been delivered to you, you must return them to us. We will pay the cost of postage or collection. Please call customer services on 01949 843777 or email us at email@example.com for a return label to arrange collection.
9.8 The Product will be your responsibility from the time we deliver the Product to the address you gave us or you (or a carrier organised by you) collects it from us.
9.9 You will own the Products once we have received payment in full.
9.10 We may have to suspend the supply of a Product to:
(a) deal with technical problems or make minor technical changes;
(b) update the Product to reflect changes in relevant laws and regulation requirements;
(c) make changes to the Product as requested by you or notified by us to you.
9.11 We will contact you in advance to tell you we will be suspending supply of the Products, unless the problem is urgent or an emergency. If we have to suspend the Product for more than 3 weeks we will adjust the price so you do not pay for the Products while they are suspended. You may contact us to end the Contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two weeks and we will refund any sum you have paid in advance for the Products in respect of the period after you end the Contract.
9.12 If you do not pay us for the Products when you are supposed to (clause 13) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the Product. We will not suspend the Products where you dispute the unpaid invoice. As well as suspending the Products we can also charge you interest on your overdue payments.
10 Your right to end the Contract
This clause only applies if you are a consumer
10.1 Your rights when your end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:
(a) If the Product you have bought is faulty or mis-described you may have a legal right to end the Contract (or to get the Product repaired or replaced or to get some or all of your money back);
(b) If you want to end the Contract because of something we have done or have told you we are going to do see clause 10.2;
(c) If you have just changed your mind about the Product see clause 10.3. (You may be able to get a refund if you are within the cooling-off period but this may be subject to deductions and you will have to pay the costs of return of any of the Products);
(d) In all other cases (if we are not at fault and there is no right to change your mind see clause 10.6).
10.2 If you are ending a Contract for reasons set out at (a) to (e) the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) We have told you about the up-coming change to the Products or these terms which you do not agree to;
(b) We have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
(c) There is a risk that supply of the Products may be significantly delayed because of events outside our control;
(d) We have suspended supply of the Products for technical reasons and/or notified you that we are going to suspend them for technical reasons, in each case for a period of more than 3 weeks; or
(e) You have a legal right to end the Contract because of something we have done wrong including due to late delivery.
10.3 For most Products bought online you have a legal right to change your mind within 14 days of receipt of the Products and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
10.4 You do not have the right to change your mind if any of the Products become mixed inseparably with other items after their delivery.
10.5 You have 14 days after the day you (or someone you nominate) receives the Products unless:
(a) Your Products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Products.
(b) Your Products are for regular delivery over a set period in which case you have 14 days after the day you (or someone you nominate) receives the first delivery of the Products.
10.6 If you do not have any other rights to end the Contract you can still contact us before it is completed and tell us you want to end it. If you do this the Contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund £X of compensation to the net costs we incur as a result of you ending the Contract.
11 How to end the Contract with us (including if you have changed your mind) – CONSUMERS ONLY
11.1 To tell us you want to end the Contract with us please let us know by doing one of the following:
(a) Telephone. Call customer services on 01949 843777 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your telephone number and email address.
(b) Online. Complete the form on our website.
(c) By post. Print off the form and post it to us at the address on the form or simply write to us at that address including the information required in the form.
11.2 If you end the Contract for any reason after the Products have been dispatched to you or you have received them, you must return them to us. You must either return the Products in person to where you bought them, post them back to us or, if they are not suitable for posting, allow us to collect them from you. Please call customer services on 01949 843777 or email us at email@example.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the Contract.
11.3 We will pay the costs of return:
(a) if the Products are faulty or mid-described;
(b) if you are ending the Contract because we have told you of an upcoming change to the Product or these terms;
(c) if there is an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances including where you are exercising your right to change your mind you must pay the costs of return.
11.4 We will refund you the price you paid for the Products including delivery costs by the method you use for payment. However, we may make deductions from the Prices described below.
11.5 If you are exercising your right to change your mind:
(a) We may reduce your refund of the Price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the Price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost we will only refund you what you would have paid for the cheaper delivery option.
11.6 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) Your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
12 Your rights to terminate: This applies only if you are Business Customer
12.1 You may terminate the Contract if we materially break the Contract and, if the breach is capable of remedy, we fail to put right that breach within a reasonable time of you asking us to do so.
12.2 If this Contract is ended for any reason, we will be entitled to keep any money we hold (including deposits and advance payments) and to use that money to pay any obligational debt you may owe under this Contract. We will get in touch with you to refund any money remaining after these deductions, unless our costs to administer that refund outweigh the actual account balance.
12.3 You may not terminate the Contract once we have confirmed that we have accepted your order and the Products have been dispatched. If you purport to cancel the Contract after this point, you will remain fully liable for the price of the Product.
13 Our right to terminate the Contract
13.1 We may end this Contract immediately if:
(a) you become insolvent or bankrupt, you enter into any arrangement with your creditors, or if any legal action is taken or threatened against your property;
(b) you have broken this Contract and, if you are able to put things right, you have not done so within 7 days (or such other period as we specify) of us asking you to do so;
(c) you fail to pay the Price in accordance with the provisions of clause 16.3 and fail to pay within 14 days of receipt of a notice requiring you to pay the outstanding amount.
14 No international delivery – Excluded Post Codes
14.1 Unfortunately, we do not deliver to addresses outside the UK or to certain excluded post codes within the United Kingdom. Please see our website for details.
14.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
15 Price of products and delivery charges
15.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 15.5 for what happens in this event.
15.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
15.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
15.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page www.claypigeoncompany.co.uk/delivery-charges
15.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
(b) if the Product's correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
16 How to pay
16.1 You can only pay for Products using a debit card or credit card. Details of the cards we accept are set out on our website.
16.2 Unless we agree in writing to the contrary, payment for the Products and all applicable delivery charges is in advance.
16.3 Business Customers only: You shall pay for the Products in full and in cleared funds by  days from the date of the invoice. Payment shall be made to the bank account nominated in writing by us. Time of payment is of the essence.
16.4 If you fail to make any payments due to us under the Contract by the due date for payment then you shall pay interest on the overdue amount at the rate of 8% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the date due until actual payment of the overdue amount, whether before or after judgement. The Customer shall pay the interest together with the overdue amount.
16.5 You shall pay all amounts due under the Contract without any set-off, counter claim, deduction or withholding (except for deduction or withholding required by law). We may at any time, without limiting any other rights or remedies we may have, set-off any amount owing to us by you against any amount payable by us to you.
17 Our liability if you are a business
This clause 17 only applies if you are a business customer.
17.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
17.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
17.3 Subject to clause 17.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss of business opportunity;
(c) loss of anticipated savings;
(d) loss of goodwill; or
(e) any indirect or consequential loss.
17.4 Subject to clause 17.2 and clause 17.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
17.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
18 Our liability if you are a consumer
18.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
18.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
18.4 Subject to clause 18.2 and clause 18.3, our total liability to you in respect of all other losses arising out of, under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the price of the Products.
19 Events outside our control
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 19.2.
19.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
19.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
20 Communications between us
20.1 When we refer, in these Terms, to "in writing", this will include e-mail.
20.2 If you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9 you must contact us in writing by sending an e-mail to firstname.lastname@example.org or please contact our Customer Services telephone line. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you wish to contact us in writing for any other reason, you can send this to us by e-mail. You can always contact us using our Customer Services telephone line.
20.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
20.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
21 Other important terms
21.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
21.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
21.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
21.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
21.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.
21.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.