Terms of service
Last updated 27 January 2021
This page (together with our Privacy Notice) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products listed on the Exmoor National Park’s Online Shop (Products) – shop.exmoor-nationalpark.gov.uk (our site) to you.
This website is operated by the Exmoor National Park Authority. It is a condition of your use of the online shop that you agree that any transaction you make is subject to these terms and conditions. We reserve the right to change these terms and conditions at any time, but any change will only take effect from the time it has been posted on the website.
Please read through these terms and conditions carefully, on each occasion that you use the online shop.
1. Definitions & Identity
- ENPA (also referred to as We, Us and Our)- This online shop is operated by the Exmoor National Park Authority from its Lynmouth Pavilion National Park Centre, The Esplanade, Lynmouth, EX35 6EQ. The Authority’s Head Office is Exmoor House, Dulverton, TA22 9HL.
- You and Your – our customer: the person who buys or agrees to buy goods from the ENPA.
- Supplier – any third party from whom the ENPA has bought or procured goods or services for re-sale to you.
- Goods or Products – the articles which you agree to buy from the ENPA.
- Price – the price for the Goods. Prices shown do not include delivery charges (see 5 below). The ENPA reserves the right to change any advertised prices at any time.
2. Making a purchase
Making a purchase could not be easier. Just browse through the online shop and click on any item(s) that you wish to buy and add it to your shopping cart. When you have finished your selection click on checkout and follow the online instructions to complete your transaction.
3. Payment
3.1. All financial transactions are handled by Shopify Payments and will be debited from your account immediately upon placing an order. We do not keep records of your card details.
3.2. Payment must be made in full before your order can be accepted. An email confirming acceptance of your order creates a binding contract for sale of the goods, subject to these terms and conditions. All goods are offered for sale subject to availability, and at the price listed on our website on the date of your order.
4. VAT
VAT at the current rate (currently 20%) is included in all prices where applicable. Our VAT registration number is 682 2225 44.
5. Delivery
5.1. Delivery charges are calculated based on the value of your order. Details of the cost will be shown at the Checkout stage.
5.2. We despatch most orders with Royal Mail but may also use alternative parcel couriers. Some of these services could require a signature.
5.3. Overseas customers:
We are very sorry; we are currently unable to arrange delivery outside of the UK. We are keeping this under constant review and will introduce overseas delivery as soon as we are able to. Thank you for your understanding.
5.4. UK Customers
5.4.1. We aim to despatch orders within 5 working days of receipt of your order – this may be slightly longer during peak periods. Most orders will be dispatched faster than this. Please contact us (see details at clause 13 below) for further information or if you require an item to be delivered quickly – we may be able to help.
5.4.2. If an item is out of stock when the order is received and due in within the next 5 working days, we will hold all your order and send the items together. If any item is delayed beyond this time, we will send the items in stock. We will notify you of any delay.
5.4.3. Orders should be delivered within 5 working days of despatch (this could be longer during peak periods such as in December).
5.4.4. If the supply of the Products is delayed by an event outside of ENPA’s control then we will contact you as soon as possible to let you know and shall take reasonable steps to minimise the effect of the delay. ENPA will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
5.4.5. You have legal rights if ENPA deliver any Products late. If we are unable to dispatch within 7 days, we will give you the option to cancel your contract. You may treat the contract as at an end straight away if any of the following apply:
- we have refused to deliver the goods;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
6. What if my Order hasn’t arrived?
In very rare cases a parcel might go astray. If your order has been dispatched but does not arrive within 5 working days, please contact our online sales team and we will investigate for you. Do remember postal and delivery services can be slower in peak times such as Christmas.
7. Product descriptions and specifications
7.1. Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement you can return it in accordance with our Returns Policy.
7.2. All sizes and measurements are approximate, but we do try to make sure that they are as accurate as possible.
7.3. The images of the Products 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 reflects the colour of the Products. Your Products may vary slightly from those images.
7.4. The packaging of the Products may vary from that shown on images on our site.
7.5. ENPA reserves the right to make changes to the Product:
- to reflect any changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Product.
7.6. In addition to the changes at clause 7.5, ENPA reserves the right to make any other changes to the Product, but if we do so, you will be notified and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received.
8. Cancellation & Returns
8.1. Should you change your mind about your order, or if for any reason you are not delighted with your purchase, you can return it unused and in the original packaging for a full refund or replacement. Your statutory rights will not be affected.
8.2. ENPA operates a 'no questions asked' returns policy. This policy is in accordance with consumer contracts distance selling regulations. You have the legal right to cancel your order within 14 working days of placing your order. To cancel an order, please contact us using the details in 13 below with details of the order you are cancelling. A postal charge may be made if the cancellation is done after the order or a part of the order has been dispatched. If you need to return an item please be aware that until we receive the goods you are returning, they are your responsibility. For your protection and peace of mind, we recommend you use a recorded delivery service to return things.
8.3. Any item purchased through ENPA Shop from 1st October to 24th December of one year is eligible for exchange or refund until 24th January the following year.
8.4. Goods must be returned at your cost (unless clause 8.5 applies). You can return via post to our Lynmouth Centre or in person to any Exmoor National Park Centre. Goods must be returned with 14 days of you notifying us of your cancellation.
8.5. We will pay the costs of return:
- if the Products are faulty or misdescribed; or
- if you are ending the contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.6. If the item has been damaged, used or is not returned in its original packaging, we reserve the right to withhold a percentage of the refund value if the item needs to be reduced in price for resale.
8.7. We do our best to send you top quality products in excellent condition. We also do our utmost to package and protect your order, so that it doesn’t get damaged on its way to you. However, if you do have a problem, please see clauses 9 – 12 below.
9. Incorrect Goods
If you have received something you hadn’t ordered, or there is something missing from your order, please contact us within 14 days informing us of the problem and we will advise what to do. Please make sure you keep the item in its original condition until we have advised what to do.
10. Non-Arrival of Goods
In very rare cases parcels do go missing in transit. Be aware that at peak times postal services can be slower than expected. If your order does not arrive within ten days of our despatch date, please contact us and we will investigate.
11. Damaged In-Transit
If your purchase is damaged in transit, please contact us within 14 days informing us of the problem and we will advise what to do. Please do not send the item(s) back without contacting us first.
12. Damaged or Defective Goods
If you receive a product that is defective, please contact us within 14 days informing us of the problem and we will advise what to do. Please do not send the item(s) back without contacting us first.
13. Contact Customer Services
13.1. Please either email shop@exmoor-nationalpark.gov.uk or phone 01598 752509 between 10.00am and 4.00pm, Monday to Sunday. You can also write to us at Exmoor National Park Centre, Lynmouth Pavilion, The Esplanade, Lynmouth, EX35 6EQ. Our friendly staff will be happy to help resolve any problems or questions you have.
13.2. In order to speed up responses please include your billing post code and name or your order number in all correspondence.
13.3. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
13.4. If we have to contact you or give you notice in writing, we will do so by e-mail, phone or post to the address you provide to us in your order.
13.5. If you wish to contact us for visitor information please contact any of our National Park Centres. You will find our general contact details here. If you are contacting us for any other reason, including because you have any complaints or compliments, you can contact us by telephoning our head office on 01398 323665, by post to Exmoor National Park Authority, Exmoor House, Dulverton, TA22 9HL or by e-mailing us at info@exmoor-nationalpark.gov.uk.
14. Errors and omissions
We will try to ensure that all prices and descriptions in the online shop are accurate and up-to-date. If we discover an error in the price of goods you have ordered, or a material error or omission in their description, we will inform you as soon as possible and give you the option of placing a new order (at the correct price) or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.
15. Refusal of Transaction
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.
16. Promotions
16.1 From time to time, we may choose to run promotions for specific product offers or discount opportunities via our site (Promotional Offers). In addition to the terms set out above applying to purchases of products which are subject to any promotional offers, any description and terms of each promotion set out on our site and in the marketing communication in which the promotional offer was originally supplied upon by us (Promotion Terms) shall also apply. All of our promotional offers are also subject to the following specific terms and conditions:
- Promotional Offers are only valid on full-priced items and cannot be used on sale or promotional items which are already discounted unless otherwise stated;
- Promotional Offers are valid for a limited period of time as specified in the original marketing communication containing the Promotional Offer and cannot be used outside of that period;
- Promotional Offers are valid online, they are not valid in our centres;
- if an item from an order which is subject to a Promotional Offer is returned, and by giving a full refund for such item, the amount spent by you would mean the order value is less than the qualifying spend for that Promotional Offer, then we may deduct the total discount given under the Promotional Offer from any refund;
- all orders are subject to stock availability and we reserve the right to withdraw, amend or extend Promotional Offers at any time.
16.2. To the extent that the Promotional Offer in question involves the supply of a code which can be used to apply a discount if your order meets the terms of the Promotional Offer (Promotional Code), the following additional terms and conditions apply:
- Promotional Codes cannot be used in conjunction with any other offer unless otherwise stated in the Promotion Terms;
- if using the Promotional Code online, enter it as requested during the check-out process;
- Promotional Codes are for use by the intended recipient only and proof of entitlement to use a Promotional Code may be requested; and
- All orders using Promotional Codes are subject to our acceptance and any improper use of Promotional Codes may result in the cancellation of your order.
To the extent that there is any conflict between these Terms and the Promotion Term, then the Promotion Terms will apply.
17. Risk / Title
17.1. Ownership of goods ordered via this website passes to you at the time the goods are delivered to you, or at the time that payment of the goods is received by the ENPA, whichever is later.
17.2. However, ownership of any copyright, patent or trademark does not pass to you, and you may not copy or reproduce the goods without the permission of the owner of the copyright, patent or trademark.
18. Data Protection
18.1. To order goods from us you have to provide certain information and where you do this you agree to provide true, accurate, current and complete information about yourself as prompted by the relevant form.
18.2. All personal data which you provide to enable us to process your order will be held in accordance with our data protection policy and only used by us to deal with your order, unless you agree otherwise.
18.3. ENPA do not and will not pass your details on to any third party without the consent of the card owner.
18.4. The Exmoor National Park Authority is registered under the Data Protection Act 1998.
18.5 You will find a copy of our full privacy policy here.
19. Waiver
ENPA rights shall not be prejudiced or restricted by any indulgence or forbearance extended by it to you, and wavier of any particular breach shall not operate as a waiver of any subsequent breach.
20. Severance
Any provision of this contract which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of this contract.
21. General
21.1. ENPA shall be under no liability whatsoever for any indirect loss and/or expense arising out of a breach by us of this contract.
21.2. In the event of any breach of this contract by us, your remedies shall be limited to damages. Under no circumstances shall our liability exceed the grater of the price of the particular item(s) supplied or the amount of any valid insurance available to meet the claim.
21.3. ENPA shall not be liable for failure or delay in fulfilling any of its obligations, where fulfilment is prevented, frustrated, impeded, delayed or rendered uneconomic by circumstances or events beyond its reasonable control.
21.4. The provisions of the Contracts (Rights of Third Parties Act) 1999 shall not apply to this contract and a person who is not a party to this contract shall have no right under that Act to enforce any term of the contract.
21.5. Neither party shall be liable for any default due to any act of God, war, civil disturbance, malicious damage, strike, lockout, industrial action, fire, flood, drought, extreme weather conditions, compliance with any law or governmental order, rule, regulation, direction or other circumstances beyond the reasonable control of either party (‘Force Majeure Event’). Each party shall give notice forthwith to the other upon becoming aware of a Force Majeure Event: the notice should specify details of the circumstances giving rise to the Force Majeure Event.
21.6. These conditions and all agreements between ENPA and you shall be governed by and constructed in accordance with the Laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the Courts of England and Wales.