Terms & Conditions
Terms and Conditions
These terms and conditions govern your use of our website. Please read these terms in full before you use this website. If you do not accept these terms and conditions, please do not use this website. Your continued use of this website confirms your acceptance of these terms.
It is not necessary to register with us in order to use most parts of this website. However, certain areas of this website will only be accessible if you have registered.
USE OF WEBSITE
This website may be used for your own private purposes and in accordance with these terms and conditions.
You may print and download material from this website provided that you do not modify or reproduce any content without our prior written consent.
All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.
VISITOR PROVIDED CONTENT
When using this website you shall not post or send to or from this website any material:
- for which you have not obtained all necessary consents;
- that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
- which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of our terms.
Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.
Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
- you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
- you do not misrepresent your relationship with this website; and
- the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
By linking to this website in breach of this clause you shall indemnify us for any loss or damage suffered to this website as a result of such linking.
Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and / or up to date.
All material contained on this website is provided without a warranty of any kind. You use the material on this website at your own discretion.
EXCLUSION OF LIABILITY
We do not accept liability for any loss or damage that you suffer as a result of using this website.
Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded under the law of the United Kingdom.
LAW AND JURISDICTION
These terms and conditions are governed by English law. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
STANDARD TERMS AND CONDITIONS OF PRODUCT ORDERS
These terms and conditions (and the other documents referred to in here) govern the relationship between you and Monarch when you order any of the products ("Products") listed on our website at www.monarchstags.com ("Website"). These terms and conditions set out important information regarding your rights, obligations and the restrictions that may apply when you order Products from our Website.
Any reference to "you" or "your", means you as a customer of our Products and/or as a user of our Website. Any reference to "we", "us", "our" or "Monarch" is to Monarch Stags Limited trading as Monarch.
Please read these terms and conditions carefully before ordering any Products from our Website. You should understand that by ordering any of our Products, you agree to be legally bound by these terms and conditions.
We will not file or store a copy of these terms and conditions for each transaction made via the Website. You should print a copy of these terms and conditions for future reference.
By placing an order on our Website, you are accepting our terms and conditions.
2. Information about Us
We operate the Website www.monarchstags.com. We are Monarch Stags Limited, a company registered in England and Wales under company number 06171913 and with our registered address at Monarch Stags Limited, 20 Farley Avenue, Harbury, Warwickshire CV33 9LX trading as Monarch Stags.
3. Your Status
By placing an order through our Website, you confirm that:
- You are legally capable of entering into binding contracts, and
- You are at least 18 years old
If you do not comply with any of the conditions above in condition 3.1 you are not entitled to purchase Products from our Website.
4. Our Products
The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
The packaging of the Products may vary from that shown on images on our Website.
We are not mechanics, motor engineers or experts in the fitting, installation and operation of our Products. Whilst we will provide general advice and instructions relating to our Products from time to time, any advice and instructions provided by us relating to our Products have been produced in order to help you in your purchasing decisions and to give guidance. These are provided for general information only and are not a replacement for manufacturer instructions or the advice of an appropriate professional. We accept no liability for any loss, damage or injury arising as a result of the advice or documentation provided to you on our Website or in conjunction with any of our Products.
Any technical specifications are approximations only unless we state otherwise.
5. How the Contract is formed between You and Us
Please take time to read and check your order at each page of the order process. After placing an order for Product(s), you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched ("Dispatch Confirmation"). The contract between us for the purchase of Product(s) ("Contract") will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our Website as referred to in condition 9, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product(s), we will refund you the full amount including any delivery costs charged as soon as possible.
6. Your consumer right of return and refund
If you are a consumer, you have a legal right to cancel a Contract during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
If you have requested any alteration or customisation to your own specification that is not found on our Website, you may not cancel your order before or after delivery. We have no obligation to take your Products back and give you a refund, but we may use our discretion in certain circumstances.
Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is either:
- 14 days after the day on which you receive the Product; or
- 14 days after you receive the last instalment of a Product (if one Product is delivered in instalments) or the last of the separate Products ordered in a single order (if multiple Products are delivered on separate days).
To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at firstname.lastname@example.org, or by post to Monarch Stags, 20 Farley Avenue, Harbury, Warwickshire CV33 9LX. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
If you cancel your Contract we will:
- refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund 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.
- refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). 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, then we will only refund what you would have paid for the cheaper delivery option.
- make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
- if you have received the Product and we have not offered to collect it from you: 14 days after 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. For information about how to return a Product to us, see below;
- if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
If you have returned the Products to us under this condition 6 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
We will refund you on the method used by you to pay.
If a Product has been delivered to you and you then decide to cancel your Contract:
- then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. If we have offered to collect the Product from you, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
- unless the Product is faulty or not as described (in this case, see condition 6.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this condition 6 or anything else in these terms and conditions. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances, for example, if delivery is affected by an Event Outside Our Control (see condition 16 for our responsibilities).
Delivery may take longer if you are resident outside of the UK and delivery charges may be higher (see condition 12 regarding import duties and taxes).
8. Risk and Title
The Products will be at your risk on completion of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charges.
9. Price and Payment
The price of the Products and any delivery charges will be as quoted on our Website from time to time, except in cases of obvious error.
Product prices include VAT unless otherwise stated.
Product prices and any delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
Payment for all Products must be by credit, debit card or PayPal and we require payment before we despatch the Products.
10. Warranty (our promises)
Subject to the disclaimers set out in this condition, we promise to you that any Product purchased from us through our Website will conform in all material respects with its description, be of satisfactory quality, be reasonably fit for all the purposes for which products of that kind are commonly supplied and be free from manufacturing defects at the time of delivery.
The Products we sell have been designed to comply with the statutory legal requirements and relevant safety standards of the United Kingdom. We can therefore make no representation or warranty that any product is compliant with health, safety or other legal requirements which apply outside the United Kingdom, unless delivery is within the EEA and common EEA Consumer Protection and Safety rules apply.
We shall have no liability under the warranty set out at condition 10 to the extent that any damage or defect results from:
- a modification or alteration of the Products by anyone other than us;
- your or any third party's use of the Products in a manner contrary to the instructions given to you by us or a manufacturer;
- fair wear and tear, wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; or
- fitting by a competent individual or any failure to use reasonable skill and care in fitting and using the Products.
11. Our Liability
Nothing in these terms and conditions shall:
- restrict your statutory rights (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards office or Citizen's Advice Bureau);
- exclude or limit our liability for death or personal injury resulting from our negligence;
- exclude or limit our liability for fraud or fraudulent misrepresentation;
- exclude or limit our liability for any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
- exclude or limit our liability for defective products under the Consumer Protection Act 1987; or
- exclude or limit our liability for any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Subject to condition 11, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to condition 11, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. We are not responsible for any loss or damage that is not foreseeable at the time we enter into a Contract.
Subject to condition 11, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss or corruption of data, information or software; or waste of management or office time. However, this condition will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded in this condition.
12. Import duty
If you order Products from our Website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must 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.
13. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to us at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in condition 13 above. Notice 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.
15. Transfer of rights and obligations
The Contract between you and us is binding on you and us and on our respective successors and assignees.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. Events outside our control
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 events outside our reasonable control ("Event Outside Our Control").
An Event Outside Our Control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; 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; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; failure of public or private telecommunications networks (including the internet); and the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 14 above.
If any of these terms and conditions or any provisions of a Contract 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.
19. Entire Agreement
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
Nothing in this condition 19 limits or excludes any liability for fraud.
20. Our right to vary these Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time including (without limitation) to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
If we revise and amend these terms and conditions so as to alter the information required to be provided by applicable laws and regulations, such revisions and amendments will not be effective unless you expressly notify us of your agreement to them.
Subject to condition 20, you will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. Law and jurisdiction
Contracts for the purchase of Products through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.
Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
These Terms and Conditions were last updated on 28th July 2020