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Terms & Conditions
Please select a section.
1. Definitions
2. Introduction
3. Agreement of Terms & Conditions
4. Jurisdiction
5. General
6. The Contract of Sale
6.1. Sale and Delivery
6.2. Risk in and Ownership of the Goods
6.3. Price
6.4. Payment
6.5. Warranties
6.6 Cancellation Within the Cooling Off Period
7. Online Shopping
7.1. Acceptance of Order
7.2. Product Availability
7.3. Delivery Information - Standard Delivery
7.3.1. Zone
1: UK Mainland Delivery (England, Wales & Scotland - excluding
Highlands & Islands)
7.3.2. Zone
2: Scottish Highlands & Islands
7.3.3. Zone
3: Northern Ireland, Isle of Man & Isles of Scilly
7.3.4. Zone 4: Channel Islands
7.3.5. Zone 5: Worldwide Delivery
7.4. Special deliveries
7.4.1. Urgent
Delivery <24hours
7.4.2. Large / Bulky Goods
7.4.3. Orders Over 30kg
7.5. Import Duty
8. Order Line
9. Privacy and Security
9.1. Security of Email Correspondence
9.2. Internet Security
9.3. How do we keep your information up to date?
9.4. Who at Overland Expedition Company can see your information?
9.5. Do we share your information with others?
9.6. What do we do with your information?
9.7. How can you stop receiving marketing communications from us?
9.8. Telephone calls with us
9.9. Data Protection Legislation
1. Definitions
In these Terms and Conditions (Terms), the following words and phrases shall have the following meanings:
- 'The Customer' means the person, firm or Company who uses the website or purchases the Goods from the Company:
- 'Business/Trade
Customer' means any body purchasing the goods for business purposes or
purchasing them to retail under this contract. It also refers to any
business using this web site for business purposes.
- 'Consumer
Customer' means any person whom the Company contract under this
contract who does not fall into the category of Business/Trade Customer.
- 'The
Company' means Overland Expedition Company (also known as OEC4x4), of
Broadway Road, Kingsteignton, Nr. Newton Abbot, Devon TQ12 3PJ;
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- 'Contract' means the sales contract between the Company and the Customer which shall be deemed to incorporate these Terms;
- 'Goods' means any Goods agreed in the Contract to be supplied by the Company to the Customer;
- 'Place of Delivery' means the place to which the Goods are to be delivered.
- In
these Terms, reference to any statute or statutory provision shall be
construed as a reference to such statute or statutory provision as
amended, modified, re-enacted or replaced from time-to-time.
- 'VAT' means the current rate of Value Added Tax at the time that the Customer becomes liable to make payment to the Company.
-
'Cooling off Period' means seven clear working days, as defined by
Regulation 3(1) of the Distance Selling Regulations starting the day
after the Goods are received by the Customer.
- 'Distance
Selling Regulations' means the Consumer Protection (Distance Selling)
Regulations 2000 (SI 2000/2334) as amended, superseded or updated at
the date of this contract.
- 'Data Protection Act' means the Data Protection Act (1988) as amended, superseded or updated at the date of this contract.
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2. Introduction
The Company may change the Overland Expedition Company (OEC4x4) website
and correct or update information (including product information) at
any time without notice. Except in relation to the description of
products and services available for order from the website, The Company
does not guarantee and are not responsible for the accuracy of any
information provided on the website. The Company does not represent or
warrant that the material contained in the website, any of the
functions of the website and the server will operate without
interruption or delay or will be error-free, free from defects, viruses
or bugs or compatible with any other software or material. Accessing
the website is entirely at The Customer's own risk. The Customer must
not transmit through or to the website any defamatory, threatening,
obscene, distressing, harmful or pornographic material or material
which may infringe upon the rights of others (including intellectual
property rights, rights of confidentiality or rights of privacy) or
which does not comply with all relevant laws.
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3. Agreement of Terms & Conditions
By accessing this website The Customer agrees to the following terms and conditions.
- The Overland Expedition Company website is provided solely for personal use by The Customer
- The
Customer may not use this website for any commercial purpose. All
material featured and information provided on the website, whether text
or images, are protected by copyright, trademark and other intellectual
property rights and are owned by or licensed to Overland Expedition
Company. The Customer may download, electronically copy or print any of
the contents on condition that you are using them for personal and not
for commercial purposes. Use for any other purpose is strictly
prohibited without prior written permission from Overland Expedition
Company. No right, title or interest in any of the contents of this
website will be transferred to The Customer as a result of downloading,
electronically copying or printing or attaching to email such material.
- Overland
Expedition Company is committed to the privacy and the protection of
The Customer's information and to providing a safe, secure site for
electronic commerce transactions.
- The intellectual property rights in this website are owned and controlled by Overland Expedition Company.
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4. Jurisdiction
The website is controlled and operated in the UK. These Terms and
Conditions and all matters connected with any order The Customer places
in The Company's website are governed by English law and The Customer
agrees to submit to the exclusive jurisdiction of the English courts in
relation to all matters connected with or arising out of the website or
any order The Customer places on the website.
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5. General
The Company may change these Terms and Conditions at any time. If any
of these terms and conditions is invalid or unenforceable, the
remainder of these terms and conditions shall continue to have full
force and effect.
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6. The Contract of Sale
The Contract shall be on these Terms to the exclusion of all other
terms and conditions, including any such terms and conditions that are
purported to be included or applied by The Customer.
6.1. Sale and Delivery
- The
Company agrees to sell and The Customer agrees to buy the Goods that
The Customer has ordered. The Customer must also agree to pay the
Company the VAT in respect of the Goods.
- If The Customer requires The Company to arrange delivery of the Goods, The Customer takes any risk arising from such delivery.
- If
The Customer requires The Company to arrange delivery of the Goods, The
Company will provide The Customer with details of such cost of such
delivery. The Customer agrees to pay The Company the costs of any
delivery.
- Any dates specified by The
Company for delivery of the Goods are intended to be an accurate
estimate only due to this being out of The Company's control.
- If no date is specified for delivery of the Goods, delivery shall be within a reasonable time.
- If
a date and time is specified by The Customer The Company shall take all
the necessary actions to ensure the delivery date and time is made
possible, however The Company takes no responsibility for the late
delivery of Goods caused by the actions of either the courier or postal
service.
- Subject to the other provisions
of these Terms, The Company shall not be liable for any loss, whether
direct or consequential, economic or loss of profits or otherwise,
arising directly or indirectly out of any delay in the delivery of the
Goods nor will any delay entitle The Customer to terminate or rescind
the Contract unless the delay exceeds 60 days.
6.2. Risk in and Ownership of the Goods
- Ownership in the Goods
shall not pass to The Customer until the Company has received in full
in cleared funds all sums due to The Company in respect of the Goods
and all other sums which are or may become due to the Company from the
Customer on any account.
- Until ownership of the Goods has passed to The Customer, The Customer shall:
- hold the Goods on a fiduciary basis as The Company's bailee;
- store
the Goods separately from all other Goods of The Customer or any third
party in such a way that they remain identifiable as The Company's
property;
- not destroy or deface any identifying mark on the Goods or their packaging;
- maintain
the Goods in satisfactory condition insured with The Company's interest
noted on the policy and hold any proceeds of such insurance on trust
for The Company and not mix them with any other money.
6.3. Price
All
prices shown on the website and in the Overland Expedition Company
Store based near Newton Abbot are in £Sterling and are inclusive of
VAT, unless or otherwise stated. Prices may change and offers may be
withdrawn at any time.
VAT free prices, are quoted for deliveries outside the EU, where applicable.
Overland
Expedition Company endeavors to ensure that all merchandise offered on
the website is available at the same price in the store. However, from
time to time (particularly during Sale and promotional periods) The
Company may offer additional discounts for purchases online that do not
apply in the Store. Additionally, items offered as sets on the website
may not be offered as part of a set within the Store and individual
prices may apply.
The Company Store may also run additional discount
promotions. Please be advised that this does not apply to purchases
made through our catalogues or website.
The Company reserves the
right to vary the quoted price, and Goods will be invoiced to The
Customer at the price ruling at the date of dispatch unless otherwise
agreed by The Company in writing.
6.4. Payment
Payment
shall not be deemed to have taken place until the receipt by The
Company of cleared funds. Please note that Overland Expedition Company
doesnot accept cash or cheques as payment online. The Company accepts
payment by most major credit and debit cards. The Company does not
accept Diners Club or American Express regrettably.
6.5. Warranties
- The Company warrants that the Goods are of satisfactory quality.
- If
The Customer wishes to make a claim under this warranty, The Customer
shall give written notice to The Company within 30 days of the
discovery of the defect and give The Company a reasonable opportunity
to inspect the Goods in question.
- The
Company shall not be liable for any breach of warranty if The Customer
makes any further use of the Goods after giving such notice or alters
or repairs the Goods without the agreement of The Company.
- The
Company's liability under the warranty shall be limited to repairing or
replacing the Goods in question or refunding the price of such Goods.
6.6. Cancellation Within the Cooling Off Period
- If
The Customer is a Consumer Customer, The Customer has a right to cancel
this contract as long as The Customer does so within the Cooling off
Period of 7 days providing The Company with written confirmation by
letter, fax or e-mail to The Company's main address.
- If The Customer is a Business or Trade Customer, the Customer has no right to cancel this contract.
- If this contract, or part of this contract concerns Goods involving the following;
- Goods The Company has made personally to you or
- Goods The Company has made to your specification
then
The Customer has no right to cancel this contract. However, The
Customer may cancel this contract in as much as it applies to any other
Goods.
- Upon
receipt of a valid notice canceling this contract, The Company will
send to The Customer within 21 days a notice confirming cancellation of
the contract.
- If the Goods delivered are
the Goods The Customer ordered and The Customer cancels, upon receipt
of our notice confirming cancellation, The Customer must organize
delivery of the Goods back to The Company, as soon as is reasonably
possible, and in any event within 30 days. The Customer is advised to
insure themselves against risks of Goods being in Transit.
- The delivery address for returns goods is:
Overland Expedition Company
Broadway Road, Kingsteignton,
Nr. Newton Abbot.
Devon TQ12 3PJ
- If
the Goods delivered were not the Goods The Customer ordered then The
Company will organize delivery of the Goods at The Company's expense.
- If The Customer exercises the right to cancel and
- the Goods are damaged
- the Goods have not been retained by The Customer with reasonable care
- The
Customer has failed to return the Goods to the Company within 30 days
of receipt of The Company's notice confirming The Customers cancellation
then The Customer will be liable to The Company for an amount to cover the losses.
- If
The Customer exercises their right to cancel or The Customer has
notified The Company that the Goods are faulty but fails to return the
Goods to The Company then The Company will charge The Customer direct
costs of recovering the Goods and offset that amount against the refund
due.
- If The Customer exercises any right
to cancel, upon receipt of the Goods, The Company will reimburse all
monies paid to The Company by The Customer for those Goods, less a 10%
surcharge of the total value or an amount to cover the liabilities
under paragraph 8 (f) and 8 (g).
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7. Online Shopping
The
Company has taken great care in presenting the products on the website
as accurately as possible. However, the images seen will depend on the
Customer's monitor's display and colour capabilities. The Company is
therefore unable to guarantee that the product images The Customer sees
are an accurate representation of the actual merchandise. Before The
Customer places an order The Customer is advised to have read these
Terms and Conditions.
By submitting an order to The Company through
the website, The Customer represents and warrants that the payment
details provided on the Customer's order are valid and correct, and
that when your order is accepted and processed by The Company, payment
will be made in full. If the Billing details for the Customer's order
are the same as the Delivery address details, by placing an order on
the website the Customer confirm that they are the person referred to
in the Delivery address details. Otherwise, by placing an order, The
Customer confirms that they are the person referred to in the Billing
details.
Visitors under the age of 16 should not register with this website or submit any information to us.
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7.1. Acceptance of your Order
Shortly
after the Customer has placed an order online an email will be sent
acknowledging the exact details of The Customer's order. This email is
not an order confirmation or order acceptance from Overland Expedition
Company.
Order acceptance and the completion of the contract
between The Customer and The Company will take place when The
Customer's order is dispatched, unless The Customer has cancelled the
order in accordance with the Order Cancellation conditions.
Non-acceptance of an order may be a result of one of the following:
- The product ordered being out of stock
- The Company's inability to obtain authorisation for The Customer's payment
- The identification of a pricing or product description error
- Failure to meet the eligibility to order criteria set out in the Terms and Conditions
Internet orders will be confirmed by email. Should The Customer not
receive confirmation The Customer is advised to please contact the
order line.
7.2. Product Availability / Information
The
Company features products on the website that have been carefully
selected for Online Shopping. Once an item is sold out it will be taken
off the website at the earliest opportunity and may not be available
again. Prices of products may change from time to time. If items that
The Customer orders are out of stock, subject to a delay or the price
is higher than that shown on your order, The Company will try to
contact The Customer at the email address provided when placing your
order. If The Company cannot contact the Customer or receives no
response to their email, The Company will continue to process the
remaining items on the order. All items are subject to availability.
If, due to unforeseen circumstances, it is necessary to substitute an
item, the item will be of equal or greater value than that which it
replaces. Substitutions will only be made with The Customer's prior
consent.
7.3. Delivery Information - Standard Delivery
7.3.1. Zone 1: UK Mainland Delivery (England, Wales & Scotland - excluding Highlands & Islands)
Carriage charge depends on the weight of the individual parcel.
Please allow up to 72 hours for delivery of products. Please
consult the following table for the different rates. Please note all
costs include VAT at the current ratable value and a 3% fuel surcharge where applicable.
| Weight category |
Cost
|
| 0 - 500g |
£2.50 |
501g - 1kg
|
£4.00
|
| 1.001kg - 6kg |
£6.50 |
| 6.1kg - 15kg |
£7.50 |
| 15.1kg - 30kg (inclusive) |
£8.50 |
7.3.2. Zone 2: Scottish Highlands & Islands
Carriage charge depends on the weight of the individual parcel.
Please allow up to 72 hours for delivery of products. Please
consult the following table for the different rates. Please note all
costs include VAT at the current ratable value and a 3% fuel surcharge where applicable.
| Weight category |
Cost
|
| 0 - 500g |
£2.50 |
501g - 1kg
|
£4.00
|
| 1.001kg - 6kg |
£13.00 |
| 6.1kg - 15kg |
£15.50 |
| 15.1kg - 30kg (inclusive) |
£17.50 |
7.3.3. Zone 3: Northern Ireland, Isle of Man & Isles of Scilly
Carriage charge depends on the weight of the individual parcel.
Please allow up to 72 hours for delivery of products. Please consult the following table for the different rates. Please note
all costs include VAT at the current ratable value and a 3% fuel
surcharge where applicable.
| Weight category |
Cost
|
0 - 500g
|
£2.50 |
501g - 1kg
|
£4.00
|
| 1.001kg - 6kg |
£16.50 |
| 6.1kg - 15kg |
£19.00 |
| 15.1kg - 30kg (inclusive) |
£21.50 |
7.3.4. Zone 4: Channel Islands
Carriage charge depends on the weight of the individual parcel.
Please allow between 2 and 5 days for delivery of products. Please
consult the following table for the different rates. Please note
all costs include VAT at the current ratable value and a 3% fuel
surcharge where applicable.
7.3.5. Zone 5: Worldwide Delivery
We offer worldwide delivery. Most products on the website are
exportable. UK VAT will be automatically deducted from merchandise
dispatched to non-EU countries. A total of £0.00 will show on the
completed online order during the checkout process.
Delivery
charges are based on calculated volumetric weight and delivery
destination and will be quoted to the Customer prior to your order
being charged. The charge includes a 2% administration charge.
Please allow up to 14 days for delivery.
We reserve the right to withdraw international delivery at anytime.
We cannot be held accountable for delays in customs clearance.
| Weight category |
Cost
|
| 1.001kg - 6kg |
£13.00 |
6.1kg - 15kg
|
£15.00
|
15.1kg - 30kg (inclusive)
|
£17.00 |
7.4. Special deliveries
7.4.1. Urgent Delivery <24hours
Customers
that require urgent deliveries are subject to additional carriage
charges. Carriage rates apply to each individual item depending on the
urgency of the delivery and the destination. A total of £0.00 will show
on the completed online order during checkout. Our Customer Service
Team will contact and advise The Customer of the cost before
dispatching the Goods.
7.4.2. Large / Bulky Goods
Large
and bulky goods are subject to additional carriage charges and delivery
times may vary therefore these costs are not shown in the online store.
In this regards a total of £0.00 will show on the completed online
order during the checkout process. Individual rates and delivery times
will be made available to the Customer for each individual item before
dispatching of the Goods.
7.4.3. Orders Over 30kg
We
are unable to quote a delivery charge online for orders over 30kg,
therefore your order will be completed showing £0.00 delivery charge.
Our Customer Service team will contact you within 48 hours to advise
you of the delivery charge before the order is dispatched.
7.5. Import Duty
Overland Expedition Company cannot be held responsible should local
customs authorities wish to confiscate any particular item contained
within the parcel, or charge any import duty. The recipient is
responsible for paying the duty.
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8. Orderline
Overland
Expedition Company staff are delighted to help The Customer place an
order over the telephone, advise on the range of merchandise on the
website and help with queries about payment.
The Company Orderline is open from 9am to 5pm (GMT) Monday to Friday and 9am to 1pm Saturdays. Please call +44 (0) 1626 356 555.
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9. Privacy and Security Policy
9.1. Security of Email Correspondence
The
website also invites The Customer to contact Overland Expedition
Company via email. Email correspondence is free format text and cannot
be encrypted, therefore it is not a secure means of communication.
Please do not send sensitive information, such as passwords or credit
card information, via email.
9.2. Internet Security
Although
The Company uses advanced security measures to protect The Customer's
information against loss, misuse and alteration, as is the case with
all computer networks linked to the internet, The Company cannot
absolutely guarantee the security of The Customer's information
provided over the internet and will not be responsible for this.
9.3. How do we keep your information up to date?
The
Company endeavors to keep all information we hold on The Customer as
accurate and up-to-date as possible. Please write to us at Overland
Expedition Company, Broadway Road, Kingsteignton, Newton Abbot, Devon
TQ12 3PJ, or email us on
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to notify us of any changes to the information you have previously
given to us, or if you are aware of any inaccuracy in the information
we hold about you.
9.4. Who at Overland Expedition Company can see your information?
Information
submitted to The Company is available to Overland Expedition Company
employees managing and using this information, but otherwise is kept
confidential from other members of our staff.
9.5. Do we share your information with others?
The
Company may need to pass The Customer's information on to others solely
to enable The Company to provide The Customer with the goods or
services that have been ordered or requested or otherwise in connection
with The Company's relationship with The Customer.
9.6. What do we do with your information?
The
Company uses The Customer's information to enable us to provide
Customers with the goods or services they have ordered from The Company
or otherwise in connection with The Customer's relationship with The
Company. The Company may also use the information The Customer provides
to improve the content and appearance of our website or catalogues.
With a view to understanding our customers better, and where Customers
have indicated that they would like us to, The Company will retain the
information about The Customer and details of any purchases made to
enable The Company to offer products and services that are likely to
interest The Customer again in the future.
9.7. How can you stop receiving marketing communications from us?
If
you wish to cease receiving marketing or market research communications
by post from The Company or would like The Company to cease processing
your information in any other way you can write to us at Overland
Expedition Company, Broadway Road, Kingsteignton, Newton Abbot, Devon
TQ12 3PJ or email us on
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or unsubscribe yourself on the home page of the website from the Newsletter.
9.8. Telephone calls with us
As is the case with many large and high profile organisations,
communications with Overland Expedition Company by telephone may be
recorded for the purposes of monitoring our customer service standards
and for security.
9.9. Data Protection Legislation
Overland Expedition Company comply with the Data Protection Act 1998 in respect of any information stored.
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