"By completing and submitting the electronic order form you are making an offer to purchase goods which, if accepted by us, will result in a binding contract and subject to the conditions set out below."

1. Definitions

Stormfauna whose office is at:-

Hawthorn No3.

151 Moorgreen Road

Westend

Southampton

SO302HG

‘Site’means the Stormfauna web site.

‘You’refers  to the person, company or enterprise purchasing products from Stormfauna.

‘Force Majeure’ means any act of God, riot, strike, lock-out, trade dispute or labour disturbances, accident breakdown of plant or machinery, fire, flood, difficulty in obtaining workmen, material or transport, or other circumstances whatsoever outside the control of Stormfauna affecting the provision of the Goods or of raw materials therefore by Stormfauna’ usual source of supply or the manufacture of the products and/or materials by Stormfauna’ normal means or the delivery of the products and/or materials by Stormfauna’ normal route or means of transport.

2. Scope

The scope of these Terms and Conditions applies to the sale and purchase of all products from this Site. These Terms and Conditions take precedent over any others referred to in all other documentation, unless expressly agreed to in writing by an authorised representative of Stormfauna.

3. Payment

Full and secure payment will be required once you have placed your order on line.  If your order is accepted and the item is in stock your purchase will be confirmed automatically by e-mail.  If for any reason that your order can not be met then you will be contacted providing your correct details are inputted by e-mail or telephone.  If for any reason your order is unable to be met then the appropriate refund will be given.

Payment to Stormfauna for Products on this Site may be made using any of the methods available on the Site. All transactions are shown in pounds sterling (£). All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment to us, we will not be liable for any delay or non-delivery.

 

No products purchased from this Site will be despatched prior to cleared funds being received by Stormfauna. The ownership of all products shall remain solely with Stormfauna until cleared funds are received by Stormfauna.

Trade credit accounts may be available, subject to credit checks and at the discretion of Stormfauna. Please email Stormfauna for more information.

In the event of you and any related company and/or representative has a bankruptcy order placed upon you or you enter administration or liquidation, either voluntary or compulsory, or you become subject to a County Court Judgement, Stormfauna reserves the right to immediately suspend or terminate your access and use of the Site and Stormfauna will take steps to recover any outstanding payments and/or its products from you, as such products remain in the ownership of Stormfauna if not paid for in full.  

Stormfauna is entitled to enter your premises to recover its products where full payment has not be received from you for the products, as title to the products remains with Stormfauna under such circumstances.

4. Product Descriptions, Colour and Pricing

Stormfauna endeavours to provide accurate product description(s) (measurements, colours and prices) on this Site, measurements given are approximate and specifications and descriptions of products on this website are intended as a general description only.

Stormfauna endeavours to ensure the accuracy in colour reproduction however colour may vary in accordance with the settings on our monitor or printer.  Handmade or hand painted items may have slight reproduction variation due to there uniqueness. 

The price of the products you order will be shown on this Site at the time of your order. All product prices shown are inclusive of VAT (unless otherwise stated), and VAT is charged at the prevailing rate where applicable. The total cost of your order is the price of the products ordered plus your delivery. All prices are subject to change without notice.

Stormfauna reserves the right to change and/or amend any prices or product descriptions on this Site or associated sites without notification. You should note that any alterations to order quantities, partial release of an order or delivery destination may result in a price adjustment.

5. Delivery

Please refer to our Delivery Policy.

6. Packing

In the event that cases and/or special packing materials are required, you must return these to an address that will be notified to you at the time of delivery. Packing must be returned in good condition within 28 days of the delivery date.

7. Limitation of Liability

No Director, related Company, agent, employee or representative of Stormfauna may be held liable for any loss, damages or injury arising from the direct or indirect use of this Site, nor from the direct or indirect use of any products purchased on the Site.

In the event of any shortfall on your order, Stormfauna must receive a claim from you within 7 days of the delivery date of your order. This claim must be made in accordance with our Returns Policy.

For any issues of failure or defect, please refer to our Returns Policy.

8. Licenses and Consents

Stormfauna will, where applicable, obtain any licenses or consents required for the performance of any products purchased from this Site. You must sign such licenses and/or consents, where required, and submit to Stormfauna upon request.

In the event of imported products, licenses or consents must obtained by you and all related costs must be met by you. Evidence of any licenses or consents may be required by Stormfauna.

9. Use of the Web Site

Stormfauna authorises you to view and download the materials and information from this Site for your personal use only. No materials downloaded from this Site may be used for any public and/or commercial use by you or any third party; neither is any modification or reproduction of materials from this Site permitted. Any unauthorised use of materials from this Site, either in hard copy or any electronic and/or networked format, may breach copyright and/or trademark laws. Any breach of our Terms and Conditions will result in a termination of all business transactions with Stormfauna. Any previously downloaded materials must be destroyed immediately.

10. Links to Third Party Web Sites

Stormfauna takes no responsibility for the content of any third party linked web sites. Any decision to view third party web sites is taken at your own risk.

11. Force Majeure

Stormfauna shall hold no liability for any Force Majeure circumstances suffered by them which may result or hinder your transaction or result in any loss or damage to products and/or materials purchased by you from this Site.

12. Copyright

Stormfauna retains copyright for all materials and information on this Site and in any associated literature, hard copy and/or online. In the event that products shown are created and/or supplied by third party suppliers and/or manufacturers, Stormfauna acknowledges their ownership, and intellectual property rights of said products and materials.

13. Images

Stormfauna uses best endeavours to represent accurate and high quality images of products and materials on this Site. No guarantee can be given and you should view all images as illustrative only, as actual products and materials may differ from the image shown.

14. Warranties and Returns

Stormfauna will endeavour to transfer to you the benefits of a manufacturer’s warranty on all products purchased from the Site, unless otherwise stated in individual product descriptions on this Site. Stormfauna does not issue any warranties in its own right. Your statutory rights as a consumer remain unaffected.

Stormfauna will not be liable to accept a product return, or be liable to replace or repair a product, or refund the value of the product and associated delivery costs, whether within warranty or not, where you fail to adhere to the procedures set-out in the Returns Policy; or where Stormfauna is satisfied that any faults or defects in the products arise from fair wear and tear, wilful damage, accident, negligence by you or any third party use, otherwise than in accordance with its intended use, failure to follow the manufacturer's or Stormfauna instructions, or any alteration or repair carried out without the prior written approval of Stormfauna. Your statutory rights as a consumer remain unaffected.

Products Damaged in Transit

Damage to products in transit must be notified to Stormfauna within one working day of receipt of the products and in accordance with our Returns Policy. Once we have verified your claim, we will either replace the item at no further cost to you including delivery charges OR at our discretion we will refund the full cost of the item together with any additional delivery charges incurred by you.

Faulty or Incomplete Products detected on Delivery

If the products supplied to you are faulty or incomplete on delivery (whether or not they were damaged in transit), you must notify Stormfauna within 10 working days or receipt of the products and in accordance with our Returns Policy. Once we have verified your claim, we will either replace the item at no further cost to you including delivery charges OR at our discretion we will refund the full cost of the item together with any additional delivery charges incurred by you.

Faulty or Defective Products covered by a Manufacturer’s Warranty

Faulty or defective products covered by a manufacturer’s warranty must be notified and returned to Stormfauna within the manufacturer’s warranty period and in accordance our Returns Policy. Any returned faulty or defective product(s) covered by the manufacturers warranty must be returned complete with all original packaging, components, accessories and with accompanying documentation such as handbooks/instruction manuals. You must ensure the correct packaging and shipping costs have been met before returning any faulty or defective product(s) covered by manuafcturers warranty to our nominated address. We will not bear these costs. Once we have verified your claim, we will either repair, OR replace the item at no further cost to you including the cost of delivering the repaired/replaced product(s) back to you.

Non-faulty Products

If you wish to return non-faulty product(s) to Stormfauna, you must notify us and deliver to us the non-faulty products within 14 days of your order date and in accordance with our Returns Policy. Any returned non-faulty product(s) must be complete with all original packaging, components, accessories and with accompanying documentation such as handbooks/instruction manuals, and be fit for resale. You must ensure the correct packaging and shipping costs have been met before returning any non-faulty products to us using a ‘signed for’ delivery method and obtain proof of purchase. We will not bear these costs. A 20% re-stocking fee will be charged on all non-faulty product returns.

Repairs

Any products returned for repair shall remain your responsibility and Stormfauna will take no responsibility for such products and whilst on our premises. These repairs are carried out entirely at your risk.

15. Notices

Any notice to be given by Stormfauna shall take the form of correspondence sent as either an email, or written letter sent by post, or facsimile addressed to you (or relevant party) at your normal home address, or place of business, or last notified address.

16. Privacy and Data Protection

Please refer to our Privacy Policy.

17. Cancellations and Refunds

A contract (i.e. your order) may be cancelled at any time up to 14 days from your order date. Please note this does not apply to business customers. If you are a business customer, if you cancel an order subsequent to receipt of confirmation, Stormfauna shall be entitled to full indemnity.

If you exercise your right of cancellation after making payment, but before taking receipt of the products, you must give written notice to the Stormfauna by email, giving details of the products ordered and invoice/order reference numbers. On receipt of this email notification, Stormfauna will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit/debit card for the products.

Except in the case of faulty or defective products, if you exercise your right of cancellation after the products have been delivered to you, you will be subject to the terms set-out in our Returns Policy and especially in relation to the clause concerning the return of Non-faulty products. The products must be returned to the address shown within the Returns Form available on the Site. You are responsible for ensuring the products are not damaged in the meantime, or in transit.

You do not have the right to cancel a contract (i.e.an order), if the order incorporates software which has been unsealed by you, or for consumable products which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.

18. Risk and Title

Ownership of the product(s) shall remain with Stormfauna until cleared funds are received in full for all sums due, or which become due to Stormfauna from you on any account.

From the time of delivery, the products are at your risk.

Stormfauna is entitled to recover payment for the products even though the ownership of any products has not passed from Stormfauna.

19. Termination

Your access to, and use of the Site may be terminated by either you, or Stormfauna at any time, with or without cause, by sending notice of termination to the other party.

Stormfauna reserves the right to immediately and without notice suspend or terminate your access to the Site, and use of the Site, in the event of breach of these Terms and Condition by you.

20. Waiver

Any waiver by Stormfauna of any breach or default as part of any provision of the Contract with you, shall not be deemed a waiver of any subsequent breach or default and shall not affect the other terms of the Contract.

21. Governing Law

The Contract shall be governed by the construed and interpreted in accordance with the laws of England and for the purposes of settlement of any disputes arising out of or in connection with the Contract the parties hereby submit themselves to the jurisdiction of the English courts.