Terms and Conditions for the provision of goods and Services
All orders placed from a buyer ("you", "your") at Land of Lizards ("us", "we", "our") are subject to our strict and legally binding terms and conditions. No alteration to these terms that are proposed by you will be binding unless we agree in writing.
Our returns policy and delivery information also form part of our terms and conditions and are referred to below
1 Orders & your contract with us
1.1 Our website is intended only to provide free guidance relating to the products we supply. You are solely responsible for ensuring that the goods ordered are of the correct specification and suitability for their intended use.
1.2 Placing an order with us constitutes an offer to purchase these items. Acceptance of the offer to purchase occurs at the point despatch of the product or products in question.
1.3 All contracts with Land of Lizards are governed by the law of England, Wales and Northern Ireland.
1.4 For the avoidance of doubt, if we despatch your order in different stages (e.g. the items on your order come from different warehouses or if certain item(s) are unavailable for despatch with others), acceptance of the order only relates to those items that have been despatched.
2 Payment and pricing
2.1 Whilst we endeavour to ensure all our prices are accurate at all times, in the event of an error or price change, we reserve the right to amend prices before despatching your order. We will never amend a price without asking you first and you will have the right to cancel your order if you prefer.
2.2 Payment is due as soon as you place an order. In the event of a chargeback, failed payment or if we have agreed to despatch your order before payment is made, the full balance must be paid within 7 days of this date.
2.3 If payment is not made we by the date it is due, then without prejudice to any other right or remedy, we reserve the right to
2.3.1 Cancel your order or any subsequent orders in part or in full
2.3.2 Charge interest at 2% above the bank of England Base rate or the rate set by a court (whichever is the higher)
2.3.3 Request the goods are returned to us in the condition they were delivered. If this is not possible we will recover the costs of the goods supplied in full.
3 Risk and title
3.1 Once goods have been delivered (or by any other means made available) to you, complete risk of loss and/or damage shall pass to you.
3.2 Irrespective of the delivery (or otherwise being made available) the legal title (ownership) of products shall not pass to you until such time as funds are fully cleared and available to us.
3.3 In the event of a chargeback title will revert to us until such time as funds are cleared and available to us.
3.4 Until such time as ownership passes to you, the property will remain ours and you shall be responsible for keeping it safe, secure and identified as our property. We are entitled to ask for the return of the goods during this period.
3.5 In the event that you wish to claim goods were defective or damaged on arrival we must be informed within 48 hours of their arrival. Any claim made after this time will be rejected unless there is exceptional reason for the delay; this will be at our sole discretion.
4 Warranties, loss, damage and defective goods
4.1 Subject to the provisions below, new goods that are sold by us will benefit from the warranty or guarantee as provided for by the manufacturer of the goods.
4.2 No warranty or guarantee is provided for faults or defects that are caused by wear and tear, neglect, misuse, accidental or intentional damage, attempts to alter or repair products, failure to follow manufacturers instruction manuals, or any other similar circumstances.
4.3 Should your product develop a fault that is covered by the warranty and it is within the warranty period, we will offer a free repair or replacement (at our discretion). For full details of our return/repair process, please see our returns policy which is available online, by email or by calling us. If a repair or replacement is not possible we may fulfil this obligation by offering a full or partial refund of the product (based on the age and condition of the product).
4.4 Other than under clause 4.3 we are not obliged to offer any further refund, repair or exchange as part of our contract with you. We specifically exclude any consequential loss and strongly recommend that suitable backups and contingency measures are put in place should there be any risk of damage or harm in the event of an equipment failure howsoever caused.
4.5 Unless you are dealing as a consumer (as defined within the Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations 1999) your statutory rights are not affected by our terms and conditions. In all other circumstances we exclude all other implied and express terms that are not stated within these terms and conditions. None of your statutory rights are affected by clause 4.
5 Returning and exchanging equipment
5.1 Returns are subject to a request to return the goods within 7 days of delivery and provided that the goods are otherwise unused and in the condition they were received. It is your responsibility to use, and pay for a safe and secure method of returning the items to us.
5.2 Order Cancellations are subject to a 5% admin charge subject to the discretion of Land of Lizards
5.3 Perishable goods (such as live, fresh and frozen food are exempt from this policy) as is any product that has been made to your own specification.
5.4 After a period of 7 days we will only refund orders that were faulty from the time and purchase and reported to us within a reasonable period of time (taken to be 28 days unless we agree otherwise)
5.5 All costs of return postage are the responsibility of the customer.
5.6 Nothing in clause 5 affects your statutory rights.
6 Live & Frozen Food Specific Terms
6.1 We accept no responsibility for any harm caused to, but not limited to, people, animals or property by any of the products supplied by us.
6.2 You agree to use live foods only for the purpose of animal feed and house them in a safe and secure environment until such time as they are used.
6.3 We expressly exclude any liability for the presence of other organisms (internal or external) or the consequences of any such existence. Such existence is an inherent risk of any live or raw product.
6.4 Whilst live food is exempt from the DSA and we fulfil our obligation by despatching the products. We will warranty orders in the following circumstances
6.4.1 Where you order is despatched Monday-Thursday.
6.4.2 Where you inform us within 24 hours of any issue
6.4.3 Where you have been available to receive your order the first time delivery is attempted (i.e. you were not out and the parcel was left outdoors or returned to a depot or sorting office)
6.4.4 Where your order has been unpacked immediately and (in the event of live food) our cold weather instructions have been followed in full.
6.4.5 Where we have not advised the delivery is sent at own risk for any other reason (see our homepage or delivery page). Generally this will only occur in the event of extreme weather, if you live in one of the postcode groups listed as none standard on our delivery page, postal delays etc (i.e. circumstances outside of our control).
6.5 Whilst frozen food is exempt from the DSA and we fulfil our obligation by despatching the products. We may, at our sole discretion, warranty damaged orders in the following circumstances
6.5.1 Where the fastest available delivery method is selected at checkout
6.5.2 Where you have been available to receive and unpack your order immediately and we are informed immediately of a problem
6.5.3 Where we have not advised the delivery is sent at own risk (see clause 6.4.5)
7.1 For an up to date guide to delivery methods and times please see the delivery page on our website.
7.2 All timescales are estimates. Please be aware that circumstances including, (but not limited to) peak periods, stock availability, public holidays, courier delays and adverse weather may affect the speed of delivery.
7.3 We exclude liability for late deliveries or any resulting circumstances.
7.4 Whilst we will insure the items in your order in the event of damage or loss in transit (subject to any applicable exclusion found elsewhere in these terms or on our website) we expressly exclude liability for any other consequences of a damaged or lost order.
7.5 You are solely responsible for ensuring suitable contingency measures are always in place to safeguard your animals wellbeing in the event of a problem, this is particularly important if ordering items such as food or other essential items.
7.6 We exclude liability for loss or damage which can be attributed wholly or partially to a failing on your part (e.g. insects that have died or frozen food that has died or defrosted as a result of a refusal to sign for a parcel or being out at the time of first delivery)
7.7 Goods that are returned to us by a courier may be subject to the full cost of delivery and the return delivery cost. It is therefore important to ensure you are available to receive your order.
7.8 Delivery costs, arrival times or our ability to despatch any goods to England, The Scottish Highlands/Islands and other non-mainland destinations may vary. We may be unable to guarantee any order despatched to these regions.
7.9 Delivery is not available outside the Northern Ireland without prior arrangement.
7.10 Occasionally products may be unavailable due to stock issues. In the event this occurs we will usually place your order will be placed on hold and we will contact you via email or telephone to ask how you wish to proceed. We will do our best to advise which other product(s) most closely match the product you ordered so you have an opportunity to amend your order.
8 Data Protection & Payment Information
8.1 We undertake not to store your financial information on any of our systems. We only use secure, approved third party systems to manage your payments (e.g. paypal)
8.2 In the event of recurring payment options we use the same secure third party systems to manage your subscriptions.
8.3 We will use your personal data for the purposes of processing your order and corresponding with you regarding your order and other products we sell.
8.4 We undertake never to sell your information or provide it to any third party company for the purposes of marketing.