Gift Shop Terms and Conditions
Please read these Terms carefully and make sure that you understand them, before ordering any Goods from our Site. By accessing the site and/or completing an order on our Site you are accepting these Terms. If you refuse to accept these Terms, you will not be able to order any Goods from our Site.
These Terms will apply to any contract between us for the sale of Goods to you (Contract).
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 14 (Our Right to Vary These Terms). Every time you wish to order our Goods, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 1 July 2021.
These Terms, and any Contract between us, are only in the English language.
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you.
INFORMATION ABOUT US
1.1 We operate the website shop.bristolzoo.org.uk. We are Bristol Zoo Enterprises Limited trading as Bristol Zoo, a company registered in England and Wales under company number 1750167and with our registered office at Bristol Zoo, Clifton, Bristol, BS8 3HA. Our main trading address is at Bristol Zoo, Clifton, Bristol, BS8 3HA (the Zoo). Our VAT number is 850 307 255.
1.2 If you have any questions or any complaints, please contact us. You can contact us by emailing firstname.lastname@example.org.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. If you wish to make any changes to your order or information provided once you have already placed an order, please contact us on email@example.com. However, we cannot guarantee that we will be able to act on any request changes at this point.
2.2 When you place an order through our Site, this will be an offer by you to purchase those items displayed in your shopping basket.
2.3 After you place an order, you will be provided with an order reference number, which you should retain. You will then receive an e-mail from us acknowledging that your order has been sent to us for processing. Please note that this does not mean your order has been accepted.
2.4 We will confirm our acceptance to you by sending you an email that confirms that the Goods have been dispatched (Confirmation). The contract between you and us will only be formed when we send you the dispatch Confirmation.
2.5 There maybe times that we cannot fulfil your order or part of it. If we are unable to supply you with all or part of the Goods ordered for any reason, we will inform you by email. We will refund the full amount or part refund the order we cannot fulfil, including delivery costs as soon as possible.
2.6 You should print out and retain your Confirmation email in the event that you need to contact us about your order.
METHOD OF PAYMENT
3.1 Payment is taken as soon as the order is received by us. You can pay either with VISA, Master Card, or Amex via ShopPay or GooglePay. These payment services are provided by Shopify Inc. We are unable to accept cheques, cash, or postal orders for website orders through the post.
3.2 Orders will only be processed if you provide the card holder’s name as it is shown on the card together with the postcode that appears on the card statement. No responsibility can be taken by Bristol Zoo Enterprises for incorrect or incomplete details submitted on the website.
3.3 Card fraud is illegal and perpetrators will be prosecuted.
5.1 The images of the goods on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately represents the colour of the Goods. The colour of the goods may vary slightly from those images.
5.2 Although we have made every effort to be as accurate as possible, because some of our Goods are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our Site may slightly vary from the Goods advertised.
5.3 As a conservation organisation we try to use environmentally responsible packaging where we can. Please note that this means that sometimes your order may be packaged in re-used packaging.
5.4 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
RETURNS AND REFUNDS
6.1 You may cancel the Contract and receive a refund, if you notify us as set out in clause 6.2 within 14 days after receiving the Goods, starting the day after you receive the Goods.
6.2 To cancel the Contract, you must email us at firstname.lastname@example.org. Please include your order number to help us identify it. Your cancellation is effective from the date you send us the email. If you have already received your goods, you must return the goods at your own cost within the 14 days of the cancellation date.
6.3 If you have changed your mind you can return your order at your own cost as long as it is within 28 days of purchase.
6.4 To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.
6.5 To start a return, you can contact us at email@example.com. Please provide us with details of the item you want to return, the reason for returning it along with a copy of your proof of purchase. If your return is accepted, we’ll send instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.
6.6 We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.
6.7 If you want to exchange and item the fastest way to ensure you get what you want is to return the item you have within 28 days, and once the return is accepted, make a separate purchase for the new item.
6.8 Please inspect your order upon receipt and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.
6.9 Certain types of items cannot be returned, like perishable goods (such as food, flowers, or plants), custom products (such as special orders or personalised items), personal care goods (such as beauty products), eyewear, products where the seals are broken and jewellery. These items are non-refundable unless faulty or damaged. We also do not accept returns for hazardous materials, flammable liquids, or gases. Please get in touch if you have questions or concerns about your specific item.
6.10 Unfortunately, we cannot accept returns on sale items or gift cards.
6.11 Return postage charges are non-refundable outside of the 14 day cancellation period unless the item was faulty or incorrect.
6.12 The amount of refund that you receive maybe affected by the exchange rates of currency and it is possible that you may receive less refund. Any discrepancy will be down to the currency conversion rates on your bank’s end, which you should follow up with your bank. We do not accept liability for the shortfall in refund due to the exchange rate currency.
7.1 We aim to send orders within 5 working days but this is not always possible.
7.2 Delivery will be completed when we deliver the Items to the address you gave us at the time of making your order or if applicable collected by you from us.
7.3 The Items will be your responsibility from the completion of delivery.
7.4 You will own the Items once we have received payment in full, including all applicable delivery or postal charges.
7.5 We may send orders in multiple deliveries, if this occurs we will only charge you one delivery cost.
7.6 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest markets available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event outside Our Control, or because you failed to provide adequate delivery instructions or any other instruction that are relevant to the supply of goods.
PRICE OF GOODS AND DELIVERY/POSTAGE CHARGES
9.1 The prices of the Goods will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 9.5 for what happens if we discover an error in the price of Goods you ordered.
9.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
9.3 The price of Goods includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
9.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Shipping page.
9.5 It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. In this event:
(a) where the Good’s correct price is less than the price stated on our Site, we will charge the lower amount; and
(b) if the Good’s correct price is higher than the price stated on our Site, we will contact you by email to the email address provided at the time of placing your order as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process within a reasonable period of time, we will treat the order as cancelled and notify you by email.
OUR WARRANTY FOR THE GOODS
10.1 We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.
10.2 We provide a warranty that on delivery, the Goods shall:
(a) subject to clause 5, conform in all material respects with their description; and
(b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979);
10.3 Subject to clause 10.4, if:
(a) you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 10.2;
(b) we are given a reasonable opportunity of examining the Goods; and
(c) if we ask you to do so, you return the Goods to us, if faulty at our cost,
we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
10.4 We will not be liable for breach of the warranty set out in clause 10.2 if:
(a) you make any further use of the Goods after giving notice to us under clause 10.3;
(b) the defect arises as a result of us following any drawing, design or specification supplied by you;
(c) you alter or repair the Goods without our written consent;
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(e) the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
10.5 We will only be liable to you for the Goods failure to comply with the warranty set out in clause 10.2 to the extent set out in this clause 10.
10.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
10.7 These Terms also apply to any repaired or replacement Goods supplied by us to you.
11.1 Some of the Goods we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Goods.
12.1 By accepting these Terms and purchasing an order for Goods on our Site, you warrant that you:
(a) are at least 18 years of age;
(b) have the ability to enter into a legally binding contract;
(c) have the authority to provide us with payment instructions from a payment card or billing account; and
(d) shall not without the Zoo’s express authority use any of our Goods for any commercial, business or resale purposes.
DATA PROTECTION AND PRIVACY
OUR RIGHT TO VARY THESE TERMS
14.1 We amend these Terms from time to time. The date these Terms were last updated is stated at the beginning of these Terms.
14.2 Every time you order Goods from us, the Terms in force at the time of your order will apply to the Contract between you and us.
14.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a) Changes in how we accept payment from you; and
(b) Changes in relevant laws and regulatory requirements.
15.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
15.2 We only supply our Goods for domestic and private use. You agree not to use our Goods for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
(e) defective products under the Consumer Protection Act 1987;
(f) any breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
(g) any breach of the terms implied by section 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
16.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you.
16.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
16.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
EVENTS OUTSIDE OUR CONTROL
17.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
17.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation epidemics of infectious diseases (such as amongst animals at our Zoos), strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Items to you (see clause 7 (Delivery)), we will arrange a new delivery date with you after the Event Outside Our Control is over.
COMMUNICATIONS BETWEEN US
18.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
18.2 If you wish to contact us in writing for any reason, you can send this to us by e-mail or by pre-paid post to Bristol Zoo Enterprises at Bristol Zoo Gardens, Clifton, Bristol, BS8 3HA.
18.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
COPYRIGHT & INTELLECTUAL PROPERTY
19.1 Unless otherwise specified, copyright in all content featured on this website is owned by or licensed to Bristol Zoo Enterprises, or is used with the permission from the owner.
19.2 The content of this website may not be copied, reproduced, modified, downloaded or used in any form without the prior written permission of Bristol Zoo Enterprises, except when this occurs incidentally while using the site for private and non-commercial use.
19.3 Please note, any unauthorised use of Bristol Zoo Enterprises’s copyright and trademarks is an infringement of Bristol Zoo Enterprises’s intellectual property and may lead to legal action and other remedies permitted under the Trade Marks Act 1994 and the Copyright Design and Patents Act 1988.
OTHER IMPORTANT TERMS
20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
20.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
20.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Goods through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. 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.