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.

Website access

1.1 It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website will only be accessible only if you have registered.

Use of website

1.2 This website may be used for your own private purposes and in accordance with these terms and conditions.

1.3 You may print and download material from this website provided that you do not modify or reproduce any content without our prior written consent.

Website uptime

1.4 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.

1.5 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 material

1.6 Any material that a visitor to this website sends or posts to this website shall be considered non-proprietary and non confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.

1.7 When using this website you shall not post or send to or from this website any material:

(a) for which you have not obtained all necessary consents;

(b) 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;

(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

1.8 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 Paragraph 1.7.

Links to and from other websites

1.9 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.

1.10 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:

(a) 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;

(b) you do not misrepresent your relationship with this website; and

(c) 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.

1.11 By linking to this website in breach of clause 1.10 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.

Disclaimer

1.12 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.

1.13 All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.

Exclusion of liability

1.14 We do not accept liability for any loss or damage that you suffer as a result of using this website.

1.15 Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or 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.

On-line contractural Information

All prices quoted are in sterling (UK pounds). Due to fluctuations in supplier price, we reserve the right to change our prices without prior notice. Any such price changes will usually be applied instantly to this web site, allowing you to be aware of them before ordering. Errors and omissions excepted.

Taking Orders and Payment

All orders need to be made in English, All purchases will have a written receipt with detail of a VAT breakdown.

Making a purchase could not be easier.

Just browse our online shop, click on any items that you wish to buy and put them into the shopping cart. You can either continue shopping or go to chckout.
After you have finished your selection, click on "View cart", then click on Estimate VAT & Delivery Costs, this will give you the best postage/carrage option for your postcode and clearly display the VAT charged. Click on Estimate costs. When you are happy with the estimate click on "Checkout securely" and you will be asked for your Email address, then fill out the details form with your delivery address.
Then select the payment option you would prefer.

Payments from a debit card are free to process, however payments from a credit card will be subject to a processing charge. Please ask for these surcharges when calling.

If you would like to order an Item that does not have a "add to Cart" button Please contact us directly for further information & payment options

If you encounter difficulties or you have any questions about the way the site has estimated the costs please contact us immedietly so that we can endeavour to rectify the problem.
All orders will receive a order confirmation email and will be upated via email as the process moves forward to the confirmation of dispatch.

Delivery Charges and Delivery times.

Delivery of your Item will be processed when funds for the purchase have been received in full.

Delivery - Orders will be dispatched as soon as reasonably practicable but may be delivered in instalments. Goods not immediately available will usually follow as soon as possible but with in 30 days. Fishleigh & Son will make reasonable endeavours to deliver goods on the date specified but does not accept any liability for damage or loss caused to the Buyer by failure to do so
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Delivery options are estimated & offered to you in the "Shopping Cart" Pages. Enabling you the accept the T & C by moving forward to the "checkout Securely"  or deline and remove the items from your cart or contact us for further information.

The postage/carrage is calculated on the weight of the item and the postcode you provide. Items are dispatched using Royal Mail, A 24/48 Hour courier or a 2/3 day economy pallet service.

if a customer purchases an item and request to collect in person, the item will be held for the customer for a period of no more than twelve months. After this time we reserve the right to re-sell the item without a refund or contacting the original customer.

Transfer of Risk - Risk shall pass to the Buyer on collection of the goods by the carrier from Fishleigh & Son’s premises or when collected by the Buyer personally. Goods accepted unchecked or received in a damaged condition from the carrier should be recorded as such on the carrier's docket at the time of delivery and in the case of shortage or damage to the goods Fishleigh & Son should be notified by telephone/email within 24 hours of delivery. If not the carrier's conditions will apply and no liability for short delivery or damaged goods can be accepted.

Cancellation Rights & Returns
Second Hand Goods
We endeavour to display and advertise second-hand goods with a accurate description of it’s condition, however, because a lot of our goods have been on the shelf and been stored in conditions that are far from perfect and may not show obvious faults before cataloging. We offer a full refund on all these goods up to 30 days after date of purchase 
The exception to this would be where we have pointed out the specific problems before you have purchased the item. 
New Items
Our products have a 30 day money back guarantee. If you change your mind and your item is unused and in its original condition, we can either exchange it or give you a full refund when you return it within 30 days with your proof of purchase. All returns of Monies will be completed within 14 days of receipt of the item. 
Please take reasonable care of the goods, we are entitled to deduct an amount from the refund to reflect any loss in value of the goods supplied, if the loss is the result of unnecessary handling of the goods by you.
Returns are at the consumer’s expense.

Please make it clear when you cancel that you are cancelling under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations.

To cancel - email us fishleighson@hotmail.co.uk, call 01409 211 345, or write to us at East Bradaford Farm, Ashwater, Beaworthy. Devon. EX21 5DU 

We always look to resolve issues directly with our customers and our team will be happy to assist with your queries. Under European Legislation, if you are not satisfied with the way that we propose to resolve any issue you have with a product you have ordered via our website or by telephone, you can raise a complaint with us by emailing: fishleighson@hotmail.co.uk 

Warranty
A warranty is a legally binding assurance that any problems caused by a defect in the manufacturing of a certain product will be remedied during a certain specified period of time
Only New Goods sold by Fishleigh & Son are warranted by the manufacturer for 12 month’s from the date of purchase and we endeavor to ensure sound materials and workmanship. The sole liability of Fishleigh & Son under this warranty is to replace or at Fishleigh & Son’s option grant a monetary credit to the Buyer equal to the then current net delivered price to the Buyer of such defective part. If a replacement is made the warrenty of the original item is effective on the new item for the remainder of the original warrenty.
Fishleigh & Son is automatically liable for any faults which may develop within the first six months of ownership. Following this initial six month period the consumer will have to prove that any faults occurring are not down to misuse of the product or general wear and tear. Other factors such as the price paid, the specification or the model of the goods, the length of time you have had the goods and the length of time which they should last.

Retention of Title - The property in the goods will pass to the Buyer only when payment is made in full on the relevant order. Fishleigh & Son shall be entitled to recover full payment even though the property in the goods has not passed from Fishleigh & Son. If the Buyer in the ordinary course of his business sells on goods prior to full payment to Fishleigh & Son then he does so on his own behalf and as principal and must hold the proceeds of such sale on trust for Fishleigh & Son in a separate account. In the event of the Buyer's actual or apparent bankruptcy or insolvency Fishleigh & Son may terminate these Terms and Conditions and where full payment has not been received, repossess the goods.

Force Majeure - Neither party shall be liable for any failure or delay in performance of its obligations pursuant to these Terms and Conditions which is caused by circumstances beyond the reasonable control of that party.