Terms and Conditions

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE

1.Format of the Contract
1.1 These terms of sale apply to all goods supplied by CliMATE habitats.
1.2 No contract exists between you and CliMATE habitats for the sale of any goods until CliMATE habitats has received and accepted your order and CliMATE habitats has received payment in full (in cleared funds). Once CliMATE habitats does so, there is a binding legal contract between us.
1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
1.4 The contract is subject to your
1.5 CliMATE habitats may change these terms of sale without notice to you in relation to future sales.

2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on CliMATE habitats at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, CliMATE habitats will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on CliMATE habitats are accurate at the time you place your order. If an error is found, CliMATE habitats will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If CliMATE habitats does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14-day period, CliMATE habitats will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you will be required to pay a delivery charge for the goods.

3. Payment
3.1 Payment for the goods can be made by any method shown on CliMATE habitats at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle CliMATE habitats to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by CliMATE habitats to you.

4. Delivery
4.1 The goods you order will be delivered to the address you give when you place your order.
4.2 If delivery cannot be made to your address for reasons under CliMATE habitats control CliMATE habitats will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited.
4.3 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations CliMATE habitats shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to CliMATE habitats. Should you fail to return the goods, CliMATE habitats reserves the right to deduct any direct costs incurred by CliMATE habitats in retrieving the goods as a result of such failure.
4.4 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, CliMATE habitats will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, CliMATE habitats will inform you as soon as possible.
4.5 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as UNCHECKED . Failure to do so may affect any warranty claims that you make thereafter.

5. Risk/Title
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until CliMATE habitats has received in full (cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to CliMATE habitats from you on any account.
5.3 CliMATE habitats shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from CliMATE habitats.

6. Your right of cancellation
6.1 You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods (see below).
6.2 To exercise your right of cancellation, you must give written notice to CliMATE habitats by hand, post or email, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
6.3 Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to CliMATE habitats at your own cost. The goods must be returned to an address specified by us unopened and in the condition in which they were received or else it may affect your right of cancellation. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or misdescribed goods we shall, after receiving notification in accordance with clause 8.3 or 8.4, either collect the goods from you or ask you to return the goods yourself and refund you the reasonable postage costs.
6.4 Once you have notified CliMATE habitats that you are cancelling the contract, CliMATE habitats will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
6.5 Except in the case of faulty or misdescribed goods, if you do not return the goods as required, CliMATE habitats may charge you a sum not exceeding the direct costs of recovering the goods.

7. Warranty
7.1 All goods supplied by CliMATE habitats come with a manufacturer’s, one year, free from defects warranty from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.

7.2 An additional 4 years warranty will be provided free of charge upon product registration, making 5 years in total.
7.3 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by CliMATE habitats, failure to follow manufacturers instructions, or any alteration or repair carried out without the manufacturer’s approval.
7.4 If the goods supplied to you are damaged on delivery, you should notify CliMATE habitats in writing via the e-mail address found on the 'contact us' page within 24 hours.
7.5 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify CliMATE habitats in writing via the e-mail address found on the 'contact us' page, as soon as possible, but in any event within 24 hours of the date you discovered or ought to have discovered the damage, defect or complaint.

8. Limitation of Liability
8.1 If you are a consumer, CliMATE habitats shall not be liable to you for any loss or damage in circumstances where:
8.1.1 there is no breach of a legal duty owed to you by CliMATE habitats or by its employees or agents;
8.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
8.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
8.2 Nothing in these conditions excludes or limits the liability of CliMATE habitats for death or personal injury caused by CliMATE habitats negligence or fraudulent misrepresentation.
8.3 CliMATE habitats shall not be liable for any cost incurred by the customer due to goods not arriving in time.

9. Data Protection
9.1 CliMATE habitats will take all reasonable precautions to keep the details of your order and payment secure but unless CliMATE habitats is negligent, CliMATE habitats will not be liable for unauthorised access to information supplied by you.

10. Images
10.1 Product images are for illustrative purposes only and may differ from the actual product.

10.2 Product images are copyright of CliMATE habitats and should not be copied or reproduced without written permission of CliMATE habitats.

These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts.