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01206 386833 sales@bensfishmersea.co.uk My Account/Register

Ben’s Fish Limited

We aim to bring you the best products possible.

Terms and Conditions

These terms and conditions form the basis on which you can visit our website, order fish, game and other seasonal products. Please read them carefully as they contain important information.

General terms and conditions

This site is owned and operated by Ben’s Fish Ltd of Rewsalls old barn, Rewsalls Lane, East Mersea, Essex CO5 8SX. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at sales@bensfishmersea.co.uk or on 01206 386833.

The contract between us

Orders for fish, game and other seasonal products.
We must receive payment of the whole of the price for the products that you order before your order can be accepted. Your payment of the price for the products represents an offer on your part to purchase the products, which will be accepted by us when we send to you an email that the products have been sent to you. Our acceptance of your order brings into existence a legally binding contract between us.

Terms and conditions applying to orders for fish, game and other products

Availability

All orders are subject to acceptance and availability. If the products you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.

Ordering errors

All orders are subject to acceptance and availability. If the products you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.

Prices

The prices payable for products that you order are as set out in our website. All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of placing your order.
Wherever it is not possible to accept your order to buy products of the specification and description at the price indicated, we will advise you by email.

Payment terms

The price for the products that you order is payable to us in full at the time you place the order. We accept no liability if a delivery is delayed because you have not given us the correct payment details.

Delivery

Our delivery charges are set out in our website
We will notify you by email of the date on which the products you have ordered are due for despatch to you.
You will become the owner of the products you have ordered when they have been delivered to you. Once products have been delivered to you they will be held at your own risk and we will not be liable for their loss, deterioration or destruction.

Risk and ownership

Risk of damage to, deterioration or loss of the products passes to you at the time of delivery to you, or if you fail to take delivery when our courier attends the address you have specified for delivery, the time when the courier tried to deliver. You will only own the products once they have been successfully delivered and when we have received cleared payment in full. Products supplied are strictly not for resale.

Acknowledgement and acceptance of your order

You will need to provide us with your e-mail address and we will notify you by e-mail as soon as possible to confirm receipt of your order. An acceptance of your order will take place on dispatch of the products ordered.

Cancellation rights

You may cancel your order for some or all of the products you have ordered at any time up to 2 clear days before the date the products are due for dispatch to you.

Right to refuse order

We reserve the right to refuse to accept your order if:
we have insufficient stock to deliver the products you have ordered;
we are not able to deliver to your area; or
one or more of the products you ordered was listed at an incorrect price.
If we do refuse to accept your order we will notify you by e-mail and will re-credit the amount you paid when placing your order to the account from which you made payment as soon as possible but in any event within 30 days of your order.

Liability

United Kingdom – If you do not receive products ordered by you within 24 hours of the date on which they were due for shipment, we will have no liability to you unless you notify us in writing at our contact address of the problem within 7 days of the date on which the products were due for dispatch to you (unless this is not reasonably practicable). If you notify a problem to us under this condition, our only obligation will be to refund to you the amount paid by you for the products in question. Deliveries outside the UK- If you do not receive products ordered by you within 15 working days of the date on which they were due for shipment, we will have no liability to you unless you notify us in writing at our contact address of the problem within 20 days of the date on which the products were due for dispatch to you (unless this is not reasonably practicable). If you notify a problem to us under this condition, our only obligation will be to refund to you the amount paid by you for the products in question.

Ownership of rights

All rights, including copyright, in this website are owned by or licensed to Ben’s Fish Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, anything on this website for any purpose. You may only distribute or repost anything on this website with our written permission and subject to any conditions we may in our absolute discretion impose.

Accuracy of content

We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all products, tours and courses have been fairly described. However, orders will only be accepted if there are no material errors in the description of the products, tours or courses or their respective prices as advertised on this website. Any description of or information given about the products and/or tours is in general terms only.
Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Ben’s Fish, Rewsalls old barn, Rewsalls Lane, East Mersea CO5 8SX and all notices from us to you will be displayed on our website from time to time.

Changes to terms and conditions

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

Third party rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

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