PURCHASING OPTICS ONLINE TERMS AND CONDITIONS

Introduction

We want to give you the best shopping experience, so please take a moment – honestly, it won’t take long – to read about how all this works. It will take you through everything from ordering and paying online to delivery, using the website, and details about us. Thanks very much for reading.

Details

Contents

1. Ordering

2. Delivery

3. Resale

4. Payment and Security

5. Prices

6. Warranty

7. Cancellations and Returns

8. Cookies

9. VAT Queries

10. Your Statutory Rights

11.Variation

12. Governing Law

 

Address for any returns:

Birds of Poole Harbour

Enefco House, 19 The Quay,

Poole, Dorset,

BH15 1HJ

 

We are Birds of Poole Harbour (registered charity number 1152615) of Enefco House, 19 The Quay, Poole, Dorset, BH15 1HJ.

We Believe in Excellent Service

We aim to provide high-quality service and all feedback helps us to improve each time.

We hope your experience on our website is a happy one, and we always aim to get your parcels posted out as quickly as humanly possible.

 

1. Ordering

Everyone is allowed one customer account, but you have to be 18 or over to do so. By placing an order on our website, you agree to give:

Your real name

Your e-mail address

Your billing address

A delivery address (this may be the same as your billing address)

A contact phone number (in case we need to speak to you about your order)

If the technology fails us or we make a genuine mistake, your order attempt may be unsuccessful. We will do everything we can to resolve this and aim to put that smile firmly back on your face. Once you have placed an order, you will receive a confirmation e-mail within 24 hours, and then one within 24 hours of your order being dispatched. If something is not in stock, we will let you know as soon as possible after the order has been placed. If we are expecting the item in soon, we may send it in a separate parcel after your main order has been dispatched.

After placing your order you will receive an automated acknowledgement.

1.1 Complaints

If you have a complaint relating to our Terms and Conditions or our products, we will attempt to resolve the complaint using our internal complaints-handling procedure. If the process is exhausted and the complaint is not settled in this way, you may make a request to us for the dispute to be settled by mediation through The Retail Ombudsman.  If you make such a request, we shall consider whether or not we wish to use The Retail Ombudsman to try to resolve the dispute but we are not obliged by law to do so.  If we agree to submit a dispute to The Retail Ombudsman, we shall notify you and you may (i) complete the online form on the Retail Ombudsman website or (ii) send your complaint using a paper form to The Retail Ombudsman, 33rd Floor Euston Towers, 286 Euston Road, London NW1 3DP. Further information on the Retail Ombudsman can be found here.

2. Delivery

All orders are sent with Royal Mail. The delivery charge is dependant on the size, value and weight of the items ordered.

We do not delivery outside the UK.

Data protection and privacy policy

Any personal information you provide to Birds of Poole Harbour directly or via www.birdsofpooleharbourbookings.co.uk will be processed in accordance with our privacy notice.

So that we can deliver your order to you, we will provide your details to our couriers and postal service providers that deliver your order.

Events beyond 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 (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes but is not limited to:

Strikes or other industrial action.

Civil commotion, terrorism or threat of, war or threat or preparation for.

Fire, explosion, adverse weather conditions, subsidence, epidemic or other natural disaster.

Disruption to supplies or delivery methods.

Acts of government or regulatory bodies.

Disruption to public or private telecommunications networks.

Arrangements

After placing your order you will receive an automated acknowledgement by email. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm acceptance to you by confirming that your order has been dispatched.

Once we accept your order, a contract to purchase and deliver products takes effect between you and Birds of Poole Harbour. You pay the sum that you see at the end of the checkout process, together with the delivery cost if applicable. Upon receipt of your order for the products you will be charged for the products and the delivery costs.

Products will be at your sole risk from the time of delivery to you.

The Contract

When we confirm acceptance of your order by confirming the products have been dispatched a legally binding contract will exist between us.  If we do not confirm acceptance we will refund your payment.

Your order constitutes an offer to us to buy a product. If we believe a customer acts against these Terms and Conditions, we reserve the right to cancel or suspend their order.

This includes non-payment of ordered products and fraudulent use of our website and/or sales. We also reserve the right to bar certain email addresses and telephone numbers from accessing our website to place orders. We will not accept an order from any customer who we have suspended.

Ownership of the products will only pass to you when we have received full payment.

A person who is not party to the contract shall not have any rights under or in connection with it.

3. Resale

By ordering from our website, you agree not to commercially resell any of our products. Commercially reselling our products is a breach of these terms and conditions and your agreement with us

4. Payment and Security

We do not hold your credit card data. You do not enter any credit card data into the Birds of Poole Harbour site. When you come to pay for your products your payment is processed through the Stripe secure server.

We accept Visa and Mastercard, through Stripe. We also accept PayPal payments.

Payment will be taken in GB pounds (£), and if applicable, your card will be charged according to the exchange rate at that time.

You can contact Birds of Poole Harbour Monday to Friday 9am to 5pm We are closed on Bank Holidays.

5. Prices 

Our prices, as stated on our website, are in pound sterling (£). You will be charged in pounds sterling even if you don’t live in the UK. We reserve the right to alter prices at any time. 

6. Warranty

Any purchases through Birds of Poole Harbour are covered under warranty by the manufacturer, please refer to APPENDIX I for further information.  Please retain your proof of purchase.

7. Cancellations and Returns

We aim to dispatch orders within one working day, so if you want to cancel an order without incurring a cost for returning unwanted items to us, you will need to do it before your order is dispatched. If you do cancel an order, please call us on +44 (0) 1202 641003 and let us know during office hours, or via email to bookings@birdsofpooleharbour.co.uk. If you would like to change anything about an order we would recommend that, in the first instance, you give us a call on +44 (0) 1202 641003 or email us at bookings@birdsofpooleharbour.co.uk to avoid having to pay for delivery again.

You have a legal right to cancel a contract which starts from the date we confirm your order has been dispatched, which is when the contract between us is formed.  If the products have already been delivered to you, you have a period of fourteen days in which you may cancel, starting from the day after the day you receive the products.   Days mean calendar days, including weekends and public holidays.

To cancel a contract, please contact us in writing to tell us by sending an email to bookings@birdsofpooleharbour.co.uk. You may wish to keep a copy of your cancellation notification for your own records.  If you send us your cancellation notice by email then your cancellation is effective from the date you sent us the email. You need to inform us of your decision to cancel before the 14 day cancellation period has expired.

Where you have cancelled a contract and the products have already been delivered to you, you should return them to us as soon as possible in the original packaging and unused condition and in any event no later than 7 days after the day you inform us of your right to cancel.  You can return products by sending them to our Returns Address below.  Unless the products are faulty or not as described, you will be responsible for the cost of returning them to us. We recommend you retain your proof of posting and use a tracked and signed option which covers the value of the item. You have a legal obligation to keep the products in your possession and to take reasonable care of the products while they are in your possession.

If you cancel a contract within the 14 day cancellation period, you will receive a full refund of the price you paid for the products only, not the price you paid for the postage.  You will not be refunded for any costs you have incurred for returning the products to us.   Where the products have already been delivered to you, we will process the refund due to you as soon as possible and, in any case, within 14 calendar days after the day on which we receive the returned products, or (if earlier) within 14 calendar days after the day you provide us with evidence that the products were returned to us.   Where the products have not been delivered to you, we will process the refund within 14 calendar days after the day we were informed of your decision to cancel the contract.  We will refund you on the credit card or debit card used by you to pay for the products.

We have a legal duty to supply products that conform with the descriptions and specifications in the contract between you and us.  As a consumer, you will always have legal rights in relation to products that are faulty or not as described which are not affected by your cancellation rights above. If you have returned the products to us because they are faulty or mis-described, we will refund the price of a defective product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

Details of your legal right to cancel and an explanation of how to exercise it are provided in the confirmation of despatch.

Returns Address: Birds of Poole Harbour, Enefco House, 19 The Quay, Poole, Dorset, BH15 1HJ.

In the event of a damaged parcel

We’re very sorry if the Birds of Poole Harbour products you looked forward to receiving have arrived damaged. We do our best to pack them safely, but even the most lovingly prepared parcel can get dropped or jostled en route to your house. If you send these products back to us within 14 days of receiving them, we will offer you an exchange where possible, or a full refund after we have received the return. In this case, we will pay for the postage of sending these items back to us. Nothing in these Terms and Conditions affects your statutory rights.

8. Cookies

For more details about how we use cookies, please see our Privacy Policy.

9. VAT

Birds of Poole Harbour is not VAT registered.

10.Your Statutory Rights

Nothing in these terms affects your statutory rights.

11. Variation

We may vary these terms from time to time.  If we do we will replace these terms on our website with our new terms.

12. Governing Law

These terms are governed by English law and the courts of England and Wales shall have non-exclusive jurisdiction.

birdsofpooleharbourbookings.co.uk is a site operated by Birds of Poole Harbour whose registered address is Enefco House, 19 The Quay, Poole, Dorset, BH15 1HJ, Registered Charity Number 1152615.
 

APPENDIX I

WARRANTY

Binocular and Telescope Warranty Guide

Please note: Product warranties are subject to change by the manufacturer at any time. For the latest/up to date warranty information please contact the manufacturer directly. 

Opticron Product Guarantees

(World-wide excluding N. America)

Opticron products are of high quality both in their performance and construction and come with a comprehensive guarantee to cover you against manufacturing defects. The length of the guarantee is detailed on the product page in the booklet inside the box.

The guarantee does not cover loss, theft, or deliberate damage to the instrument.

You can register your product with us by phone or using the website. An online Registration Form can be found via the Help and Support Menu (https://www.opticron.co.uk/help-support/register-product) customers can also register by calling 01582 726522 (customer will need to provide product name, serial number, purchase date, and outlet. 

If you part with your instrument please make sure the new owner has a copy of the original proof of purchase and re-registers their ownership.

Viking and Hilkinson Warranty

Please complete the warranty form inside of the box and attach the receipt. 

Kowa

The following applies:

Binoculars - All ranges have a 10 year warranty

Scopes - As above 10 year warranty

Eyepiece’s - 10 Year warranty

Accessories - like digi-scoping adaptors have a 1 year warranty.

 

The Sales Receipt that you give validates the warranty. There is no need to fill in any online forms.

Like the vast majority of manufacturers, this covers everything except impact damage through rough handling and cosmetic damage.

In the unlikely event that you have something that needs to  be returned under warranty please contact the service department: service@kowaoptimed.com

Canon

Canon provides a parts and labour warranty for 12 months from the date of purchase of your product. You will require proof of purchase to make a claim under your warranty. This does not affect your statutory rights as a consumer; alternatively please contact your retailer. 

Repairs are chargeable outside the manufacturer warranty period; please contact a Canon Service Centre for further assistance. Each Canon Service Centre will have its own independent repair prices. All repairs are subject to the terms and conditions of your warranty.

 


BOOKING EVENTS TERMS AND CONDITIONS

These terms

What these terms cover. These are the terms and conditions on which we will provide you with a public bird boat tour in Poole Harbour.
Why you should read them. Please read these terms carefully before you purchase your ticket. These terms tell you who we are, how we will provide the boat tour to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

Information about us and how to contact us

Who we are. We are Birds of Poole Harbour, a registered charity with Registered Charity number 1152615 and our registered office is at Enefco House, 19 The Quay, Poole, Dorset, BH15 1HJ
How to contact us. You can contact us by telephoning us at 01202 641003 or by writing to us at bookings@birdsofpooleharbour.co.uk.
How we may contact you. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

BOOKING YOUR TICKET AND PAYMENT

How to purchase a ticket. To purchase a ticket for the boat tour please visit our website at https://www.birdsofpooleharbourbookings.co.uk (Website) where you will be directed to the booking page.
Where to find the price. The price of the boat tour will be the price set out on our Website.
When you must pay and how you must pay. You must pay for your ticket at the time of booking via the online payment options on the Website. Alternatively you may be given an option to pay by cheque and in this respect your booking will be deemed to take effect once we have received the cheque in cleared funds.
How we will accept your order. Our acceptance of your booking will take place when we issue you by email with an order confirmation (which will be after we have received cleared payment from you) at which point a contract will come into existence between you and us.
Tickets. Your tickets will be contained on the email confirmation sent to you.

Providing the boat tour

Dates of Boat Tour. We will supply the boat tour on the date that you have booked and which is specified in your order confirmation.
We are not responsible for delays outside our control. If our performance of the boat trip is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.  
Bad Weather. In the event bad weather prevents the boat tour from going ahead you will be offered a refund or you will be given the option to transfer your ticket to an alternative trip.
Wheelchair Access. We welcome disabled customers on board our vessels, but for safe access a small degree of mobility is needed by everyone.  Due to the jetty and vessel design, adults who use wheelchairs must be able to walk (assisted if necessary) just a few steps for access at boarding gates, as crews are not permitted to lift occupied wheel chairs.  Each wheelchair must be accompanied by an attendant to assist a disabled person in the event of an emergency on board.  We regret that electrically propelled wheelchairs will not be carried, due to the difficulties that might arise in the event of an emergency requiring evacuation from the vessel.  In all cases, the number of wheelchairs that may be carried is at the absolute discretion of the vessel’s Master.

Your rights to make changes or cancel

Changes. If you wish to make any changes to your booking these will be at our discretion.
Your right to change your mind.  You have a legal right to change your mind within 14 days after the date we sent you your order confirmation and receive a refund. Please call or email us to arrange this using the contact details at clause 2.1 of  these terms.
Your right to cancel your ticket. Tickets are non-refundable unless clause 4.2, 4.3 or 5.2 apply.

If there is a problem with THE BOAT TOUR

How to tell us about problems. If you have any questions or complaints about the boat tour, please contact us.
Your legal rights. Nothing in these terms will affect your legal rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the boat tour.
We are not liable for business losses. The boat tour is for pleasure only. If you have booked the boat trip for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

How we may use your personal information

How we will use your personal information. We will use the personal information you provide to us to:

provide the boat tour;
process your payment for such services; and
if you agreed to this when you purchased your ticket, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.

We will only give your personal information to third parties where the law either requires or allows us to do so.
Photographs and Video. We occasionally take photographs and video footage of our boats and events on board which will inevitably include images of passengers. These images are used in our marketing material which includes brochures and our website. You agree to allow us to use such images, we will not pay any royalties or fees.

Other important terms

We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
Alternative dispute resolution. Please note that should you have any dispute in relation to these terms we will endeavour to resolve it with you as efficiently as possible. However you can also submit the dispute for online resolution to the European Commission Online Dispute Resolution platform.