Bookstore & Online Trading Terms & Conditions for Products
These are the terms on which the British Small Animal Veterinary Association (Company Number 02837793) (‘BSAVA’) sells its products online. They do not affect your statutory rights. They are designed to set out clearly the BSAVA’s responsibilities and your rights.
In order to purchase products online, you must sign up as a registered user. If you have not signed up as a registered user please click here or you will be required to register as a registered user when checking out.
Please note that additional terms and conditions may apply to the purchase of certain products (and these shall prevail in the event of any conflict with the below terms and conditions). Where this is the case, it will be brought to your attention prior to purchase.
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1. In these terms and conditions (hereinafter collectively referred to as ‘Conditions’):
1.1 ‘Contract’ means any contracts made between the BSAVA and you for the sale and purchase of Products from its Website.
1.2 ‘Order’ means the Products which you have selected to purchase in your online basket.
1.3 ‘Parties’ mean the BSAVA and you.
1.4 ‘Products’ mean any product, article and/or item which the BSAVA sells on its Website. For the avoidance of doubt, this does not include any services e.g. courses or membership subscription.
1.5 ‘Website’ means www.bsava.com or variations to the name of the aforesaid domain name.
1.6 In these Conditions, references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
1.7 In these Conditions, references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
1.8 In these Conditions headings will not affect the construction of these Conditions.
1.9 You agree that email can be used as a long-distance means of communication.
2. TERMS OF ACCEPTANCE
2.1 A Contract is formed between you and the BSAVA when (and not before) the BSAVA notifies you by email and/or electronically that your Order has been accepted. Your Order will not be accepted until the BSAVA receives authorisation of your credit card payment or such other authorisation. The BSAVA will not accept Orders from you if your address is not within the United Kingdom unless otherwise agreed by an authorised representative of the BSAVA and subject to such additional terms as may be agreed by such authorised representative and you. The BSAVA reserves the right not to accept any Order. You are advised to print off and keep safe a copy of these Conditions once your Order has been accepted by the BSAVA.
2.2 The Parties agree that the Contracts (Rights of Third Parties) Act 1999 shall not apply in any Contracts.
2.3 Subject to any relevant laws and regulation, you agree that these Conditions shall be the exclusive basis on which any Contracts made between the BSAVA and you are transacted and processed unless otherwise agreed in writing by an authorised representative of the BSAVA.
2.4 While the BSAVA tries to ensure that all prices on the Website are accurate, errors may occur. If an error is discovered in the price of the Products that you have ordered, the BSAVA will contact you to let you know the correct price and ask you whether you still wish the BSAVA to fulfill your Order at correct price. The BSAVA shall be under no obligation to fulfill your Order for a Product, which was advertised at an incorrect price. The BSAVA shall give you the option of confirming the Order at the correct price or if you so choose, to cancel the Order altogether. Where you cancel your Order for which you have already paid for, the BSAVA will refund the full amount to you.
2.5 The British Small Animal Veterinary Association will do its best to correct errors and omissions as quickly as practicable after being notified of them.
2.6 The BSAVA will not keep details of your personal or credit or debit cards as its secure payment-processing provider processes them. You undertake that all details you provide to the BSAVA for the purpose of processing the purchase of your Products are correct, that the credit or debit card you are using is your own, and that there are sufficient funds to cover the cost of the Products.
3. PRICE AND PAYMENT
3.1 Subject to Clause 2.4, the price of the ordered Products shall be as set out on the Website, and includes postage, packing and value added tax (if applicable). Unless otherwise agreed by the BSAVA, all payments made by cheque must be in pounds Sterling. For your own protection, please do not send payment in cash.
3.2 Where Orders are made through the Website, the BSAVA accepts payment through Visa and Master Card (collectively as ‘Credit Cards’) and Switch.
3.3 No payment for the Products shall be deemed to have been received until the BSAVA has received cleared funds.
4.1 The BSAVA aims to arrange shipment of all ‘in stock’ items within 5 working days of receiving your Order. Your Order may be delayed if the item is not in stock with the BSAVA’s suppliers. Some items may be unavailable and the current stock status is approximate.
4.2 Unless a longer delivery date is agreed between the Parties, if the BSAVA fails to dispatch any ordered Products within 30 days of acceptance of your Order, the BSAVA shall refund in full your payment in respect of such Products.
4.3 You agree that risk of loss or damage of Products passes to you upon delivery of the Products or on the date of the first attempted delivery by the BSAVA.
4.4 Please note that your Products may be sent to you in instalments. You may cancel your entire Contract if subsequent instalments forming part of your order are not delivered by the BSAVA.
4.5 If your delivery address is outside the United Kingdom, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; the BSAVA advises each of its customers to contact their local customs office for further information.
4.6 Please note that when shipping Products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
4.7 For Christmas Deliveries, the BSAVA recommend that you order by the 18th December. The BSAVA will endeavour to despatch all ‘in stock’ orders within 24 hours, however the BSAVA cannot guarantee delivery on or before the 24th December as the post may be delayed in your area.
5. LOSS AND DAMAGE
5.1 The BSAVA warrants that, at the time of delivery, the Products will, subject as hereinafter provided, correspond with the description on the Website or the BSAVA’s catalogue (as the case may be), will be free from defects in materials and workmanship and will be of satisfactory quality (within the meaning of the Sale and Supply of Goods Act 1994). All other warranties are excluded to the fullest extent permitted by law.
5.2 Any claim by you that any Products ordered fail to correspond with the description on the Website or that they are defective or not of satisfactory quality must be notified to the BSAVA by email at email@example.com or letter within a reasonable time from the date of delivery. If delivery is not refused, or you do not notify the BSAVA accordingly, the BSAVA shall have no liability for such failure or defect unless the Products were not of satisfactory quality at the time of delivery or such defects are latent defects.
5.3 If you make a valid claim under paragraphs 5.1 and/or 5.2, the BSAVA shall replace the Products in question free of charge or, at your option, refund in full your payment in respect of such Products.
6. LIMITATION OF LIABILITY
6.1 The BSAVA does not exclude liability in the case of death or personal injury caused by the BSAVA’s negligence or for fraud.
6.2 The BSAVA will use its reasonable endeavours to pass on any manufacturer’s warranty to you (where applicable).
6.3 The BSAVA shall not be liable for any fault or defect in respect of the Products if:
6.3.1 such fault or defect arose as a result of the Products being improperly assembled, used and/or not used in accordance with the manufacturer’s manual; or
6.3.2 such fault or defect was the result of unauthorised modification of the Products without the written consent of the BSAVA.
6.4 Subject to paragraph 6.1, to the fullest extent permitted by law, the BSAVA’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Conditions shall be limited to:
6.4.1 in respect of matters for which the BSAVA does not carry insurance, the price of the Products; and
6.4.2 in respect of matters for which the BSAVA carries insurance, the insured value.
6.5 Subject to paragraph 6.1, to the fullest extent permitted by law, the BSAVA shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of enjoyment, pain, suffering or satisfaction or otherwise or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with these Conditions or Contracts.
6.6 The provisions of paragraph 6 shall survive the termination of these Conditions and/or Contracts.
6.7 The exclusions and limitations of liability set out in paragraph 6 shall be considered severally. The invalidity or unenforceability of any one of these sub-paragraphs shall not affect the validity or enforceability of any other part of this paragraph 6.
7. RETURNS POLICY
7.1 The BSAVA’s returns policy, which is in compliance with the Distance Selling Regulations 2000, is as follows:
7.1.1 Within seven (7) working days beginning with the day after the day of receipt of any Product, you may exercise your right of cancellation in respect of such Product by sending us written notice of cancellation by emailing firstname.lastname@example.org.
7.1.2 You must promptly return the Products to the BSAVA at your cost.
7.1.3 The BSAVA will refund your payment for such Product.
7.1.4 Where the Product is damaged, the BSAVA reserves the right to commence legal proceedings against you for any loss suffered by the BSAVA.
Any communication between the Parties shall be by email or first class post to each party’s current email or postal address (as given on the Website at the time of such communication) or the email or postal address given in your Order (or any new email or postal address which you may have notified to the BSAVA).
9. AMENDMENTS TO THIS CONDITION
9.1 The BSAVA reserves the right to vary these Conditions at any time but, in respect of any ordered Products, the terms which apply shall be those when you placed your Order.
9.2 When the BSAVA amends these Conditions, it will mention the fact on the Website’s home page (www.bsava.com). For users purchasing Products or registering on the Website for the first time, all purchases from the date that the amended terms are placed on the Website onwards will be governed by those new terms otherwise, such changes will be effective against existing users 30 days following posting of the amended version on the Website. Your continued use of the Website following the BSAVA’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Conditions, please do not continue to use purchase Products on the BSAVA’s Website.
10. LAW AND JURISDICTION
These Conditions shall be governed by and construed in accordance with English law and the English Courts shall have jurisdiction.