These terms and conditions (the "Terms and Conditions") are the terms and conditions upon which Zacharry’s Ltd makes this website available to you and any of our services which are accessible on or via the Zacharry’s Ltd Site.
These Terms and Conditions govern your use of the Zacharry’s Ltd site
Definitions
a) "Zacharry’s" means the website of Zacharry’s Ltd also referred to as "we" or "us" In these terms and conditions
b) "Goods" means the one or several of the individual items available for purchase on the Zacharry’s website
c) "Force Majeure" means any cause affecting the performance by Zacharry’s Ltd of its obligations arising from acts, events, omissions and situations beyond its reasonable control including (but not limited to) governmental regulations, fire, flood, terrorist incident or any disaster or industrial dispute affecting a third party
Prices
a) Prices listed within the Zacharry’s Ltd site are valid at the time of posting
b) Zacharry’s Ltd reserves the right to amend any price at any time
c) All quoted prices include VAT at the current rate
d) All quoted delivery charges include VAT at the current rate
Orders
a) Clear instructions are given to navigate through the Zacharry’s Ltd site and ordering process. The customer ordering system has been designed with complete security as a priority. When a customer places an order, they will be required to complete a secure form, which will be sent to protected servers.
b) The sales staff will be notified and retrieve the order. The customer will receive an email both on placing the order and once the order has been completed.
c) In the unlikely event that an item is out of stock a member of sales staff will call and advise with an expected delivery date.
d) An order cannot proceed without a telephone number or an email address.
e) All orders are subject to acceptance and availability of the goods ordered.
f) Zacharry’s Ltd retains the right to refuse any order placed at any time.
g) The customer must undertake that all details provided for the purpose of purchasing goods offered on our website are correct and that the credit or debit card used to make a purchase from Zacharry’s Ltd is the customer's own card and that the customer is authorised to use it. It is the responsibility of the customer that there are sufficient funds or credit facilities available on any card to cover the cost of any goods ordered.
Methods of Payment
a) Zacharry’s Ltd accepts all major credit or debit cards. We can also, by prior arrangement, accept direct bank transfer payments. Card transactions will require the start date (if applicable), the expiry date, the issue number (if applicable), CV2 (3 digit security number) as well as the card number and possible other security questions. Goods can be sent to a separate address although any invoice must go to the Card Holder's address, which is verified prior to despatch. Payment will not be taken until the goods are ready for despatch.
Delivery and Title
a) Any time or date stated for delivery is an estimate only. Zacharry’s Ltd makes every effort to despatch goods on time, but does not accept liability for failure to deliver within the stated time by the third party deliver company.
b) If Zacharry’s Ltd is unable to deliver the goods within 30 days of the date of the order, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to Zacharry’s Ltd in respect of that order to be refunded using the same method as to which the original payment was made. In order to cancel, the Customer must send written notice of cancellation to Zacharry’s Ltd.
c) Zacharry’s Ltd does not accept liability for shortages or damage to deliveries unless the Customer notifies Zacharry’s Ltd of the shortage or damage in writing within 7 days of receipt of the delivery.
d) The Customer is required to accept the goods upon request of delivery.
e) Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
f) Title in the goods does not pass to the Customer until payment is received in full by Zacharry’s Ltd.
g) The Customer may request a Proof of Delivery, provided that this request is made in writing within 1 month of the date of delivery and Zacharry’s Ltd shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
Product Specification
a) Zacharry’s Ltd makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications.
b) If Zacharry’s Ltd cannot supply the goods ordered by the Customer, Zacharry’s Ltd reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to Zacharry’s Ltd in respect of that order.
Refund / Returns Policy
a) Zacharry’s Ltd is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found defective or deemed unsuitable on receipt for the required use. Zacharry’s Ltd has set out the following procedures for returns/refunds.
b) All goods supplied from Zacharry’s Ltd are warranted to be generally free from defects in workmanship and materials and fit for the purpose designed.
c) Subject to the right of consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000, Zacharry’s Ltd does not sell products on a trial basis.
d) In the event that the customer is for any reason unhappy with their purchase, the customer will be entitled to return the goods within 7 days of delivery. Your product must be complete, unused, unopened and in 'as new' condition. It should be returned with the original box, packing and accessories. Any 'Free Gifts' received with the product must also be returned. The goods must also be accompanied by the original receipt and paperwork. Once the goods have been received and then checked and cleared for damage, a credit for the value of the goods will be refunded using the same payment method as the original purchase. Zacharry’s Ltd regrets that unless the return is for any reason other than damage in transit a refund on the original postage is not possible.
e) It is the customers' responsibility to return the goods to Zacharry’s Ltd and we strongly advise that the customer should either return the goods personally or by registered post. Zacharry’s Ltd cannot accept any responsibility for any goods lost or mislaid by any third party with intent to return for refund.
f) Zacharry’s Ltd cannot accept responsibility for returned packages damaged during transit and reserves the right to refuse a refund on this basis. It is the customers' responsibility to wrap the product adequately to prevent damage.
Back Orders
a) If the customers' requested item is not in stock the customer will be informed. Either an alternative item will be suggested or the customer will be given the opportunity to wait until the item is in stock. If the customer wishes the order to be sent incomplete, the missing items will be sent to the customer when in stock using our standard postal charges. Back ordered items are not charged until they despatched.
Force Majeure
a) Where, in spite of reasonable efforts Zacharry’s Ltd is unable to perform an obligation due to force majeure, it shall not be deemed to be in breach of contract with the Customer.
The Consumer Protection (Distance Selling) Regulations 2000
a) Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the Zacharry’s Ltd website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 ("the regulations").
b) If the Regulations apply, Customers may cancel goods purchased from Zacharry’s Ltd by sending written notice of cancellation by post or hand delivery addressed to Zacharry’s Ltd at 25 Well Street, Moffat, DG10 9AR, or by fax to 01683 221886 or by email to info@zacharrys.co.uk.
c) The notice of cancellation must be delivered within 7 working days of the date of the delivery of the goods
d) The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the customer does not actually return the goods to Zacharry’s Ltd, the Customer is under a duty to make the goods available for collection at the Customer's expense from the address to which they were delivered.
e) The Customer is under a duty to retain possession of the goods whilst awaiting return to Zacharry’s Ltd and to take reasonable care of them during this period. The Customer will be liable for any loss or damage to the goods if he or she fails to comply with this obligation.
Errors and Omissions
a) Zacharry’s Ltd makes every effort to ensure that all prices and descriptions quoted on its website and in its literature are correct and accurate. However, on the rare occasion mistakes may occur. In the case of a shipping error or omission, Zacharry’s Ltd will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer's order and/or received payment from the Customer. The liability of Zacharry’s Ltd in this event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a pricing error, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by Zacharry’s Ltd after the pricing error has been discovered.
General
a) No part of these terms and conditions affects the customers' statutory rights as a consumer
b) If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity of enforceability of the remaining provisions.
c) Any waiver of a breach of this Agreement must be in writing.
d) Any variation of this Agreement must be in writing and signed by a duly authorised Zacharry’s Ltd official.
e) The headings of these terms and conditions are for convenience only and shall not affect the interpretation of this Agreement.
f) These terms and conditions shall be governed by and construed in accordance with the laws of Scotland and the parties submit to the exclusive jurisdiction of the Scottish courts.
g) Zacharry’s Ltd reserves the right to change or amend these terms and conditions at any time and without prior notice.
Privacy Policy Statement
We value your custom and would like to hear from you again. Any information we log is used solely within our organisation to make your next experience of Zacharry’s Ltd more convenient, unless you instruct otherwise.
We will never share personally identifiable information about you or your organisation outside of our company unless you consent in advance.
