This Website at the URL (www.mammothivory.co.uk) ("Mammoth Ivory website") is owned by Rupert P. Vernon-Smith, an individual, whose office is at 1A Derby Road, Eastleigh, Hampshire, SO50 5QD, United Kingdom.
Mammoth Ivory believes strongly in protecting user privacy.
Products that you purchase via the Mammoth Ivory website will be sold to you by Rupert P. Vernon-Smith.
Your purchases of any Products via the website from Rupert P. Vernon-Smith will be governed by the following terms and conditions. Please read these terms and conditions carefully before ordering any Products from the Mammoth Ivory website. You should understand that by ordering any Products, you agree to be bound by these terms and conditions.
1. About These Sales Terms
These Sales Terms are applicable to all orders and purchases made in the Mammoth Ivory website("Products").
With regard to the purchases in the Mammoth Ivory website, Rupert P. Vernon-Smith will communicate electronically by sending email. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.
Rupert P. Vernon-Smith may revise these Sales Terms from time to time. Any changes to the Sales Terms will apply to orders placed on or after the effective date stated in these Sales Terms or elsewhere on the Mammoth Ivory website. You are advised to check this page from time to time to take notice of any changes, as they are binding on you.
BEFORE PLACING AN ORDER FOR PRODUCTS YOU MUST READ AND AGREE TO BE BOUND BY THESE SALES TERMS.
YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF CLAUSE 14 (LIABILITY).
IF YOU FIND YOURSELF UNABLE TO AGREE TO THESE SALES TERMS YOU MAY NOT PROCEED TO PURCHASE ANY PRODUCTS LISTED ON THE Mammoth Ivory website.
2. Your account
If you create an account (personal user identification or username) on the Mammoth Ivory website you are responsible for maintaining the confidentiality of your username and password and for restricting access to your password, and you agree to accept responsibility for all activities and for each purchase that occurs under your account unless those activities or purchases are carried out by an unauthorised third party who has gained access to your account other than by reason of your negligence or carelessness.
3. Placing an Order
To be able to buy Products you must:
• read and accept these Sales Terms;
• provide your name and address, phone number, email address, payment details and other required information;
• provide an eligible delivery address (see below for further details); and
• be legally capable of entering into binding contracts be the owner or authorized holder of a valid debit/credit card to buy the products if paying with a debit/credit card.
You may place an order by clicking on the "ADD TO CART" button and proceeding to the checkout page.
You will be provided with an opportunity to review your order(s), read and accept these Sales Terms, check the total price of your order(s) and the information you have provided and correct any input errors before confirming your order(s).
The Mammoth Ivory website currently ships to all addresses within Great Britain and Northern Ireland excluding hotels, hostels, prisons, P.O. Boxes and BFPO (British Forces Post Office) addresses.
4. Order Processing and Contract Formation
Once you have submitted and confirmed your order(s) using the Mammoth Ivory website, Rupert P. Vernon-Smith will send an email to the email address you provided acknowledging receipt of your order(s) ("Order Receipt Confirmation") and setting out details of the ordered Product(s).
Rupert P. Vernon-Smith may choose not to accept any order in Rupert P. Vernon-Smith's sole discretion including without limitation in the case of pricing errors, unusual orders and orders which Rupert P. Vernon-Smith suspects are not placed in good faith.
After receiving your order(s), Rupert P. Vernon-Smith will check that the relevant Product(s) is (are) in stock. A contract for the sale of Products between you and Rupert P. Vernon-Smith will only be formed when Rupert P. Vernon-Smith emails you confirming that all or part the Product(s) is/are still available and has/have been dispatched ("Shipment Confirmation").
The contract is formed on Rupert P. Vernon-Smith sending the Shipment Confirmation whether or not you receive such email.
The contract for the sale of Products will relate only to those Products whose dispatch has been confirmed in the Shipment Confirmation. Rupert P. Vernon-Smith will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipment Confirmation.
In the Order Receipt Confirmation you will receive a copy of these Sales Terms, however you are encouraged to download, save and/or print a copy of your Order Receipt Confirmation and these Sales Terms for your records.
If you would like to amend or cancel your order before you have received your Shipment Confirmation, you must contact the Rupert P. Vernon-Smith Customer Care Team as soon as possible. Whilst Rupert P. Vernon-Smith will always attempt to amend or cancel your order for you and, where necessary, prevent dispatch of the Products, this may not be possible due to the speed with which orders are processed. If Rupert P. Vernon-Smith is unable to amend or cancel your order and the Products are dispatched to you, you have the option of either refusing to accept the delivery, in which case the Products will be returned to Rupert P. Vernon-Smith, or accepting the delivery and then returning the Products to Rupert P. Vernon-Smith in accordance with section 12 (Returns and Refunds).
Once you have received your Shipment Confirmation, it will be too late to prevent the Products from being dispatched to you. If you would like to cancel your order after this point, please see section 12 (Returns and Refunds) below.
5. Prices, Shipping and Handling, Charges and Taxes
The price charged for a Product will be the price in effect at the time your order is placed and will be set out in the Order Receipt Confirmation and in your Shipment Confirmation.
In the event of a pricing error, whether on the Mammoth Ivory website or in an Order Receipt Confirmation or otherwise, you accept that Rupert P. Vernon-Smith has the right to correct such error and charge the correct price or cancel the order. If the actual price is more than the amount shown on your Order Receipt Confirmation, Rupert P. Vernon-Smith will notify you of the correct price and give you the option of proceeding with the order or cancelling it. Your sole remedy in the event of such pricing error is to cancel your order.
You acknowledge that even after Rupert P. Vernon-Smith has sent you a Shipment Confirmation, if the pricing error is obvious and could reasonably have been recognised by you as an error, then Rupert P. Vernon-Smith will be under no obligation to provide the relevant Product(s) to you at the incorrect (lower) price.
Prices for the Products include VAT and/or other applicable taxes but do not include charges for shipping and handling. Separate charges for shipping and handling (and their related VAT or other taxes) will be clearly displayed on screen prior to the completion of your order and confirmed in your Order Receipt Confirmation.
Prices for Products and for shipping and handling are liable to change at any time, but changes will not normally affect orders in respect of which we have already sent you a Shipment Confirmation (save in the case of a manifest pricing error as described above).
Payment shall be made by one of the methods you have selected during the checkout process (being VISA, MasterCard, Maestro, Bank Transfer or PayPal).
Approved credit and debit card types are listed on the PayPal website. In the event Rupert P. Vernon-Smith does not receive the appropriate authorization from your card or payment service provider, Rupert P. Vernon-Smith reserves the right to reject your order.
Payment for your order, including all applicable taxes, shipping and other charges, will be settled from the applicable card or payment service once Rupert P. Vernon-Smith has sent you the Shipment Confirmation.
You should allow 2-3 business days for standard delivery and for in stock items, provided that your payment is received before 2pm on the day that the order is placed. Delivery shall in any event take place within 30 days after the Shipment Confirmation. Rupert P. Vernon-Smith reserves the right to substitute another carrier of equal or lesser cost to deliver your order. If collection in person is required, please select that option prior to submitting your order. The standard delivery options described above are the only shipping options available for sales through the Mammoth Ivory website. Rupert P. Vernon-Smith is unable to accept any special delivery requests, which are outside the scope of these two options.
If Rupert P. Vernon-Smith cannot deliver your order within the period specified in your Shipment Confirmation, Rupert P. Vernon-Smith will notify you as soon as possible and you may choose to cancel your order, in which case Rupert P. Vernon-Smith will provide you with a full refund.
If you unreasonably defer delivery or delay the receipt of delivery after Rupert P. Vernon-Smith has notified you that the carrier has tried to deliver the ordered items to you, or if you have provided Rupert P. Vernon-Smith with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to Rupert P. Vernon-Smith, your order will be cancelled and a full refund will be issued to you.
8. Events Outside the Control of Rupert P. Vernon-Smith
Rupert P. Vernon-Smith shall not be held responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission accident or circumstance beyond its reasonable control including but not limited to:
• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• strikes or lock-outs (or other industrial action);
• national or local states of emergency;
• interruption or failure of communication or transportation facilities;
• power or utility outages;
• non-performance by suppliers or subcontractors (other than by companies in the same group of companies as Mammoth Ivory A/S or Rupert P. Vernon-Smith);
• earthquake, fire, explosion, storm, flood, subsidence, epidemic or other natural disaster;
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• the acts, decrees, legislation, regulations or restrictions of any government.
The time for Rupert P. Vernon-Smith's performance is deemed to be extended for the period that the above continues.
9. Product Availability
Rupert P. Vernon-Smith uses reasonable efforts to ensure the availability of Products you order from the Mammoth Ivory website. However Products are made available to purchase on a "first in-first out" basis and are only available whilst stocks last.
10. Compatibility, Product Information
Please take care when placing your order to ensure that the Products you purchase are compatible for the intended use. Please use the Mammoth Ivory website as your final point of reference when checking compatibility. In the event of a difference between the Mammoth Ivory website content and any other website (or any other source of information) the compatibility of Products as shown on the Mammoth Ivory website at the time of purchase will be seen as taking precedence.
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact the Rupert P. Vernon-Smith Customer Care Team for assistance without delay, either via email or by phone.
11. Title to Products
Ownership of the Products will pass to you only when Rupert P. Vernon-Smith has received full payment in respect of your order, including all taxes, shipping and other charges. Until then, Rupert P. Vernon-Smith retains full legal title to the Products. The Products will be at your risk from the time you take physical possession of them.
12. Return and Refund
Cancellations under the Consumer Contracts Regulations
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contracts Regulations”), you have a legal right to cancel your purchase during the cancellation period. The cancellation period begins on the date that the contract is formed (when Rupert P. Vernon-Smith sends you the Shipment Confirmation) and continues until the end of 14 days starting on the day after you receive the Product. This cancellation right applies to both sale and non-sale Products.
If the Product has been dispatched to you before you cancelled the purchase, you must return the Product to Rupert P. Vernon-Smith within 14 days starting on the day after you cancel the order and you are solely responsible for any/all shipping costs to return any /all products.
If you wish to cancel your purchase under the Consumer Contracts Regulations, you can take advantage of the Mammoth Ivory websites’s returns process outlined in this document. You are not obliged to follow the returns process but if you do not do so you will be solely responsible for the cost of shipping any Products back to Rupert P. Vernon-Smith.
If you do not wish to use the returns process you can cancel your purchase by notifying the Customer Care Team either by email to firstname.lastname@example.org, by telephone number 07947 734942 (Mon-Fri 08:00 – 20:00) or by ordinary mail to Rupert P. Vernon-Smith at 1A Derby Road, Eastleigh, Hampshire, SO50 5QD, United Kingdom. to cancel your purchase (and, if you do so, Rupert P. Vernon-Smith will confirm receipt by email). Alternatively, you can simply return your Product to Rupert P. Vernon-Smith at 1A Derby Road, Eastleigh, SO50 5QD, United Kingdom, within the 14 day period starting on the day after delivery, in which case your return will be treated as your notice of cancellation.
If you cancel your purchase under the Consumer Contracts Regulations, Rupert P. Vernon-Smith will refund to you the full price you paid for the Product (including all VAT and/or other taxes) without any delivery costs you have paid.
Once Rupert P. Vernon-Smith has received and validated your returned Product, Rupert P. Vernon-Smith will send you an email to confirm the validation. Any refund due to you will be made as soon as possible and in any event within the period of 14 days after the day on which Rupert P. Vernon-Smith receives the Product back from you or, if earlier, the day on which you provide Rupert P. Vernon-Smith with evidence that you have sent the Product back to Rupert P. Vernon-Smith. If the Product was not dispatched to you, you will be refunded within the period of 14 days after you inform Rupert P. Vernon-Smith of your decision to cancel the purchase. Rupert P. Vernon-Smith will refund you by the same method you used to make payment.
Rupert P. Vernon-Smith is entitled by law to reduce your refund to reflect any reduction in the value of the Product, if this has been caused by your handling it in a way which would not be permitted in a shop. If Rupert P. Vernon-Smith refunds the price paid before it has an opportunity to inspect the Product and later discovers you have handled it in an unacceptable way or damaged it, you must pay Rupert P. Vernon-Smith an appropriate amount.
Returns under the Mammoth Ivory website enhanced cancellation policy
In addition to your rights under the Consumer Contracts Regulations, if for any reason you are not completely satisfied with your purchase from the Mammoth Ivory website, you can return any non-sale Product purchased from the Mammoth Ivory website within 30 days of receipt for a refund, but to do so you must follow the returns policy outlined in this document.
Once Rupert P. Vernon-Smith has received and validated any returned Products, Rupert P. Vernon-Smith will send you an email to confirm the validation. Your refund will be processed within 30 (thirty) days of Rupert P. Vernon-Smith’s email to you confirming the receipt and validation of your returned Product.
Any Product returned under the Mammoth Ivory website enhanced cancellation policy must be in a new, unworn and resaleable condition and Rupert P. Vernon-Smith reserves the right to refuse a refund where the Product is returned damaged or showing signs of use or wear.
Please note that these enhanced return rights do not apply to sale Products.
If you do not return a Product (or, if a Product sent using the Returns Process fails to arrive and you are unable to provide proof of postage), Rupert P. Vernon-Smith reserves the right to refuse a refund.
You are not able to return products damaged by normal wear and tear or damages caused by accidents, mishandling, improper use (knocks, dents, crushing etc.).
Repairs (or attempted repairs) to Products other than by Mammoth Ivory will void any option to return the item for a refund..
Rupert P. Vernon-Smith warrants to you that any Product purchased from the Mammoth Ivory website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Neither Rupert P. Vernon-Smith or Mammoth Ivory are responsible for indirect losses which happen as a side effect of your main loss or damage and which are not reasonably foreseeable by you or Rupert P. Vernon-Smith/Mammoth Ivory, including but not limited to loss of anticipated savings.
These Sales Terms set out the full extent of the obligations and liabilities of Rupert P. Vernon-Smith and Mammoth Ivory in respect of the sale of the Products via the Mammoth Ivory website. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on Rupert P. Vernon-Smith or Mammoth Ivory other than those set out in these Sales Terms.
NOTHING IN THESE SALES TERMS AFFECTS YOUR LEGAL RIGHTS AS A CONSUMER. TO THE FULL EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Mammoth Ivory AND Rupert P. Vernon-Smith SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF THE APPLICABLE PRODUCTS FROM THE Mammoth Ivory website.
This does not include or limit in any way the liability of Mammoth Ivory or Rupert P. Vernon-Smith respectively:
• for death or personal injury caused by their negligence;
• for fraud or fraudulent misrepresentation;
• under section 2(3) of the UK's Consumer Protection Act 1987; or
• for any matter for which it would be illegal for Mammoth Ivory or Rupert P. Vernon-Smith to exclude, or attempt to exclude, liability.
If any provision of these Sales Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Sales Terms and shall be enforced to the fullest extent permitted by applicable law not affecting the validity and enforceability of any remaining provisions.
16. Contact details
Rupert P. Vernon-Smith Customer Care Team will assist you with any Mammoth Ivory website order related questions or complaints. You can contact Rupert P. Vernon-Smith either via email(email@example.com) or by Telephone 07974 734942 from Monday to Friday between 8am and 8pm, except Christmas day (25 December) or in writing to Rupert P. Vernon-Smith, 1A Derby Road, Eastleigh, Hampshire, SO50 5QD, United Kingdom.
17. Transfer of rights and obligations
These Sales Terms are binding on you and Rupert P. Vernon-Smith and on any person Rupert P. Vernon-Smith might transfer its rights to.
You may not transfer, assign, charge or otherwise dispose of a contract with Rupert P. Vernon-Smith, or any of your rights or obligations arising under it, without our prior written consent.
Rupert P. Vernon-Smith may transfer, assign, charge, sub-contract or otherwise dispose of a contract with you, or any of Rupert P. Vernon-Smith's rights or obligations arising under it, at any time during its term.
If Rupert P. Vernon-Smith fails, at any time to insist upon strict performance of any of your obligations under these Sales Terms, or if Rupert P. Vernon-Smith fail to exercise any of the rights or remedies to which it is entitled under these Sales Terms this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
19. Entire agreement
These Sales Terms and conditions and any document expressly referred to in them represent the entire agreement between Rupert P. Vernon-Smith and you and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
You acknowledge that, in entering into a contract with Rupert P. Vernon-Smith, you have not relied on any representation, undertaking or promise given by Rupert P. Vernon-Smith or any third party or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these Sales Terms.
20. Governing law and Jurisdiction
These Sales Terms and your purchase of Products from Rupert P. Vernon-Smith through the Mammoth Ivory website shall be governed by and construed in accordance with the laws of England, without resort to its conflict of law provisions. Any dispute or claim arising out of or in connection with these Sales Terms or your purchase of Products from Rupert P. Vernon-Smith (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
Last updated June 21, 2018