Please read carefully
This page tells you information about us and the legal terms and conditions (Terms) on which we sell and you may purchase admission tickets and other services (Services) listed on our website (Site) to you, including but not limited to animal adoptions, animal encounters experiences, gift vouchers and special events.
These Terms will apply to any contract between us for the sale of Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Services from our site.
By completing any purchase with us you are accepting these Terms. If you refuse to accept these Terms, you will not be able to order any Services from our Site.
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. Every time you wish to order our Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 4th September 2019.
These Terms, and any Contract between us, are only available in the English language.
INFORMATION ABOUT US
1 We operate the website www.fbcukproject.co.uk. We are FBCUK Project trading as The Fenn Bell Conservation Project, a company registered in England and Wales, with our registered office and trading address at The Fenn Bell Conservation Project, The Fenn Bell Inn, Fenn Street, St. Mary Hoo, Rochester, Kent ME3 8RF
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 Our order process allows you to check and amend any errors before placing your order with us. Please take the time to read and check your order at each stage of the order process. If you wish to make any changes to your order or the information provided once you have already placed an order, please contact us on 01634 270422. However, we cannot guarantee that we will be able to act on any request changes at this point.
2.2 After you have placed an order, with payment made, you will be provided with a reference number, which you should retain. Our acceptance of your order will take place as described in clause 2.3 below.
2.3 Once your order is complete, payment will be taken from your card at which point the Contract between us will be formed. We will confirm our acceptance to you by sending you an email that contains the details of your order, together with other important information (Confirmation).
2.4 You should print out and retain your Confirmation in the event that you need to contact us about your order.
3. Please note that once you have placed an order with us, you are unable to cancel your order and all Services on our Site are non-refundable. However, if you are unhappy with any physical items or goods, we have provided to you as part of any Service ordered on our Site, you may return and obtain a refund.
4.1 All admission tickets purchased on our Site entitle the holder to access the Zoo subject to these Terms.
4.2 The prices of all tickets are as quoted on our Site in accordance and must be paid in advance at the time of booking. Please note that all ticket prices quoted on our Site apply when purchasing through our Site only.
4.3 For the purposes of ticket purchases, the following definitions which are used on our Site shall apply:
(a) Adult means a person aged from 16 years old;
(b) Carer means a person who accompanies a Disabled person for the purpose of providing them necessary support and assistance with accessibility to the Zoo;
(c) Child means a person aged from 2 years old to 15 years old inclusive;
(d) Disability means a physical or mental impairment that has a substantial and long-term negative effect on a person’s ability to do normal daily activities within the meaning of the Equality Act 2010 and Disabled shall be construed accordingly;
(e) Group means a group of 15 or more people, including Adults, Children, Senior Citizens or Students;
(f) Infant means a child aged under 2 years of age;
(g) Educational Establishments includes Ofsted registered early years settings such as child-minders, nurseries and pre-schools. Also, primary schools and secondary schools including local authority, community, religious, free schools, academies, sixth form colleges and independently run schools. Also includes home educators of school aged children (with proof of home education status of each child), FE and HE colleges and universities and international schools.
4.4 Open Tickets are valid for one entry to the Zoo until the date quoted on the Confirmation, received.
4.5 Advance Tickets are valid for entry to the Zoo only on the date that is specifically chosen.
4.6 Gift tickets are valid for entry to the Zoo for one date during a 12-month period commencing on the date that you receive Confirmation.
4.7 Normal admission tickets or gift tickets referred to in this clause 4 are not valid for entry to any Special Events.
4.8 Discounts may apply to one or more ticket types and will be as stated on our Site. If you are purchasing a discounted rate ticket, then you will be required to provide us with an accepted form of entitlement evidence at the point of entry to the Zoo. Accepted forms will be set out in our Confirmation.
4.9 Visitors with Disabilities can admit one carer to the Zoo free of charge upon producing proof of Disability, such as a “Blue Badge” car parking permit issued by their local Council or a letter from the Department for Work and Pensions with confirmation and photographic identification.
4.10 Children under the age of 2 years old are permitted entry to the Zoo free of charge.
4.11 Where you have selected a specific date to visit the Zoo when purchasing your ticket and we are subsequently unable to accommodate you on that date for any reason other than your failure to comply with these Terms, we will use reasonable endeavours to agree an alternative date with you but, in the event that this proves impossible, we reserve the right to cancel your booking and provide you with a refund of the price paid to us for your ticket.
4.12 When you have received a booking, your Confirmation will be dispatched to the email address provided at the time of booking. Please ensure that you print Confirmation and bring it with you when you visit the Zoo.
4.14 Except as otherwise set out in these Terms all tickets are non-exchangeable and non-refundable. No tickets are permitted for resale to any third party. Any tickets which have been altered in any way will be void. Except in the unlikely event of a total closure of the Zoo where we are unable to refund any tickets in the event of adverse weather conditions or any other unforeseeable events which are beyond our reasonable control.
5.1 Membership lasts for 12 months starting on the date of your purchase.
If we are unable to accept your order, we will inform you of this and will not charge you for membership. This might be because we have identified an error in the price or description of the product, or due to matters relating to general admission terms and conditions.
5.2 Membership will enjoy unlimited access to THE FENN BELL CONSERVATION PROJECT and receive exclusive email updates about our Zoos, animal news, special offers and events, and updates about THE FENN BELL CONSERVATION PROJECT’s latest work.
5.3 Members will also receive the following benefits:
(a) Unlimited zoo entry for 12 months on all open days
(b) 25% off our animal experiences
(c) Priority booking and discounts on selected events
(d) A lifetime subscription to our mailing list for regular updates via email about the zoo and our events
5.4 Membership Type
(a) Children must be accompanied by an adult.
(b) Children under 2 years of age are able to visit the Zoo for free.
(c) Children aged between 2 and 15 years are eligible for a child membership.
(d)Adults aged from 16 years are eligible for adult membership.
5.5 We may alter the opening and closing times of the Zoo without prior notice. Please check our website for opening and closing times. We may close or change some exhibits or areas within the Zoo partly, entirely or at certain times of the year for various reasons including, but not limited to, special events and refurbishment.
5.7 You must bring your membership card with you in order to gain entry to the Zoo. You may visit the Zoo during usual opening times. Entry will only be granted to the named card holder. Your membership benefits are not transferrable under any circumstances and misuse of a membership card will result in the card being confiscated. Membership cards are not valid after the membership expires and remain the property of The Fenn Bell Conservation Project at all times. You must inform The Fenn Bell Conservation Project if you lose your membership card or suspect that it has been stolen. We may charge you a £5 fee to reprint your card.
5.8 Events and Special Offers
(a) A membership card may not be valid for entry on certain special events in the zoo calendar. There will be an additional fee payable for member entry to such events.
All events are subject to availability. Membership does not guarantee availability to The Fenn Bell Conservation Project’s events.
(b) If you purchase additional products from us, or participate in events or other promotions, then additional terms and conditions may apply as well as these ones. Please check the terms and conditions for other events at the time of ticket purchase.
(c) Unless otherwise advised, special offers including joining offers are only available once to each member of THE FENN BELL CONSERVATION PROJECT. Each offer may also be subject to additional Terms and Conditions.
5.9 If you tell us that you have changed your mind about membership within 14 days of purchasing it, we will cancel your membership and give you a refund. The refund may be subject to deductions if you have used your membership during the 14 days. If you have used your membership within the 14-day cooling off period but then change your mind and tell us, you wish to cancel your membership we will deduct the price of the relevant tickets from your refund. You are not entitled to a refund if you cancel your membership after the 14-day cooling off period. If you wish to cancel your membership, please write to us at firstname.lastname@example.org or call us on 01634 270422.
PARKING AND ADMISSION
6.1 We provide FREE parking for visitors to the zoo. Users of our car park do so at their own risk. The Fenn Bell Conservation Project will not accept liability for any accidents, damage or loss incurred.
6.2 All visitors to the Zoo must pay for admission, hold valid proof of that must be retained at all times and submitted for inspection if required by our staff. Any person attempting to gain admission to the Zoo or being found inside the Zoo without valid may be asked to leave the Zoo premises immediately.
6.3 Admission to the Zoo will only be permitted up to half an hour before the Zoo’s closing time.
6.4 No child under the age of 16 years will be admitted to the Zoo unless they are accompanied by an adult who is over the age of 18 years. All such children must always remain under the control or supervision of an adult whilst on the Zoo premises.
6.5 No dogs or other pets shall be permitted entry to the Zoo, with the exception of guide dogs and other registered assistance dogs which are permitted in certain areas of the Zoo. When visiting the Zoo with a registered assistance dog, please contact us in advance.
6.6 We reserve the right in our absolute discretion to refuse entry to the Zoo, prohibit from any future entry to the Zoo or escort from the Zoo premises, any person who contravenes the Zoo regulations.
6.7 Admission to the Zoo is subject to the condition that, if requested to do so, you will allow yourself and/or your belongings to be searched by our staff.
6.8 Re-entry to the Zoo following admission is not permitted without our consent.
7.1 Any third party promotions are subject to the terms and conditions provided by the third party supplier and you should read these carefully, including any expiration dates which are stipulated before purchasing any tickets or other Services from our Site to ensure that any voucher or discount code is valid.
7.2 Many promotions are only redeemable at the Zoo’s admissions gate and cannot be used in conjunction with any other offer or discount.
7.3 We are not a party to and will not in any circumstances become involved in or liable for any third party’s terms and conditions of promotion or any dispute arising out of or in connection with them.
7.4 We reserve the right to reject any promotional voucher or discount code for any reason whatsoever.
OPENING TIMES AND AVAILABILITY
8.1 Details of our opening times throughout the calendar year are available on our Site.
8.2 We always endeavour to ensure that as many exhibits and attractions as possible are available for view or use by visitors. We may, however, without any prior notice and, save as expressly provided in these Terms, without refund or compensation, change the opening hours of the Zoo or attractions, close the Zoo or any part of it temporarily, remove some animals from show to the public, restrict the number of visitors having access to the Zoo and/or suspend or cancel any attraction or entertainment programme due to, without limitation, capacity, adverse weather conditions or the scheduling of special events, to ensure the safety, security or order of our animals and other attractions, our visitors, employees and representatives, or if we consider in our discretion that the circumstances so require.
8.3 We shall not be responsible or liable for any events beyond our reasonable control where we take such action described above.
9.1 We reserve the right in our absolute discretion to refuse entry to the Zoo, prohibit from any future entry to the Zoo or escort from the Zoo premises, any person who whilst on the Zoo premises:
(a) uses threatening, abusive or insulting words or behaviour or in any way provokes or behaves in a matter, which may provoke a breach of the peace or disrupt any of our animals;
(b) takes into the Zoo or is found to have on their possession offensive weapons or dangerous articles;
(c) fails to follow the written or verbal health and safety instructions of each area or attraction at the Zoo or behaves in a matter which may endanger the safety or that person, other visitors or animals at the Zoo;
(d) feeds or attempts to feed any of the animals, save for where such feeding is part of an organised event or experience for which that person has validly been admitted to the Zoo;
(e) behaves in a manner, which in our opinion is or likely or is likely to affect the enjoyment of other visitors.
9.2 The climbing of or standing upon fences, barriers, walls, structures or buildings on Zoo premises is strictly prohibited.
9.3 All smoking (including but not limited to cigarettes, pipes (including water pipes such as shisha and hookah pipes), cigars, herbal cigarettes and e-cigs/e-cigarettes) is strictly prohibited within the Zoo premises.
9.4 The use of bicycles, scooters, roller-skates, rollerblades, skateboards or any such other item is prohibited on the Zoo premises and entry into the Zoo with any such items of this nature will be denied, with the exception of:
(a) child ride-along equipment which is fitted with a secure adult height control handle. Where such equipment is used, the supervising adult is deemed to accept all responsibility to ensure the safe use of the equipment without causing distress, injury or nuisance to other visitors or our staff; and
(b) bicycles and other wheeled equipment used by our staff in the day to day operation of their employment duties.
9.5 Clothing which is, in our opinion, offensive to other visitors is prohibited from being worn on the Zoo premises. Shoes and shirts/tops must be worn at all times.
9.6 Only persons or organisations authorised by us are permitted to sell or offer for sale any goods or services to visitors on the Zoo premises.
10.1 From time to time we and third parties to whom we have provided authority may take photographs and/or video recordings of the Zoo premises, including the car parks and surrounding areas which may feature visitors. By accepting these Terms, you agree that the Zoo or any authorised third party may use such images in perpetuity in any promotional or publicity material in any format whatsoever. You further agree that all copyright and any other intellectual property rights that subsist in or arise out of these materials shall be absolutely owned by us or such authorised third party (subject to our agreement) as the case may be.
10.2 Any photographs and/or video or other image recordings which you take whilst on the Zoo premises (Images) are deemed to be for personal domestic use only. Filming and/or photography for Public Broadcast, commercial purposes, training or student projects are strictly prohibited without the express prior written agreement of the Zoo. Public Broadcast means transmitting Images to a group of more than 10 people at one time, including by radio or television. Please contact us on 01634 270422 for further information in this regard.
10.3 For the avoidance of doubt, nothing in this clause 9 prevents you from uploading personal Images to social media websites to share for domestic purposes only.
11.1 By purchasing an animal adoption advertised on our Site from (Adoption), you agree to the terms set out in this clause
11.2 The benefits and prices of our Adoption packs for you or for a gift are as quoted on our Site from time to time. We reserve the right to reduce or alter such benefits attached to any Adoption package at any time.
11.3 When you purchase an Adoption, you are purchasing a share (or multiple shares) in an adoption of your chosen animal species, not an individual animal. As such, you are adopting a whole species. No animals (individual or species) will be exclusively adopted by one individual.
11.4 Adoption does not imply ownership, nor does it create any liabilities in respect of any animal adopted.
11.5 Each Adoption is for a term of 12 months. Each 12-month term shall commence on the date specified when you applied to purchase an Adoption (where practicable) or if no date is specified, the date that we process the Adoption. This date will be stated on your personal certificate which you will receive with your Adoption welcome pack in any event.
11.6 We reserve the right to refuse applications for Adoptions at our sole discretion.
11.7 All Adoption packs purchased are non-exchangeable, non-refundable and are not for resale.
11.8 Any complimentary admission tickets issued with your Adoption pack are only valid for the specified times printed on the ticket. These tickets are only valid during our standard opening times and are not valid for admission to any special events.
11.9 We do not make any guarantees that the species you have adopted will be on show or available for public viewing at the times that you visit the Zoo.
11.10 Once you have purchased an Adoption and received email confirmation from us of your purchase, please allow a minimum of 7 – 10 days for your Adoption pack to arrive by post. Delivery may be longer around busy periods such as Christmas. We shall not be held liable for any delays in delivery once we have dispatched your Adoption pack.
ANIMAL ENCOUNTER DAYS
12.1 By purchasing any one of our animal encounter days advertised on our Site from time to time (Encounter Days), you agree to the terms and conditions of our experiences which can be found here.
12.2 The contents of each Encounter Day and the prices are as quoted on our site. We reserve the right to reduce or alter the contents or programme of any Encounter Day at any time and must be paid in advance at the time of booking.
12.3 We reserve the right to alter or reschedule any experience day purchased with or without notice for reasons beyond our control, including but not limited to animal welfare, health and safety, staff shortages, adverse weather or changes to our animal collections. Experiences are non-refundable, however, where altered, we will always endeavour to replace any purchased Encounter Day with a similar programme to that advertised and keep any changes to a minimum. Please be aware that rescheduling may occur on the same day of your Encounter Day. We cannot be held liable for any travel, accommodation or other related costs or expenses in the event that an experience day is rescheduled.
12.4 The description of each experience advertised on our site, including the duration is only an approximate guide as to what you should expect from the programme on the day and is subject to variation. This will be dependent on a number of factors including but not limited to availability of staff, weather conditions, the health and wellbeing of the animals or other attractions advertised and current availability of any complimentary items such as gifts and certificates. The Fenn Bell Conservation Project reserves the right to alter the itinerary on any given day due to animal welfare or health issues but will ensure that if so, this activity is replaced with another similar one.
12.5 The Fenn Bell Conservation Project cannot be held responsible for the weather, and experiences will go ahead regardless of the conditions. However, in exceptional circumstances if the experience is cancelled by The Fenn Bell Conservation Project, due to weather constraints, an alternative date will be arranged.
12.6 The Fenn Bell Conservation Project reserves the right to alter dates, times and prices or facilities for any reason without any prior notice. The management reserves the right to move animals or make alterations or improvements. We apologise in advance for any inconvenience caused.
12.7 You must arrive to the designated area of the zoo for the experience at the pre-booked time. Should you arrive late, we reserve the right to cancel your encounter without rescheduling or refund.
12.8 All experience tickets purchased are not for resale, and, save as otherwise expressly provided in these Terms, non-exchangeable and non-refundable.
12.9 Unfortunately, some visitors will be unable to participate in some of our experiences (in whole or in part) due to health and safety issues, allergies, phobias, disabilities or pregnancy.
12.10 Whilst we will endeavour to accommodate any visitor with a disability or learning difficulty who has purchased an experience, this cannot always be achieved for practical and health and safety reasons. Please contact us for advice in this regard before making any purchase.
12.11 The Fenn Bell Conservation Project reserves the right to reschedule any of the booked dates for the experiences and will provide as much notice as possible; however, this cannot always be guaranteed.
12.12 If an experience is cancelled by The Fenn Bell Conservation Project then an alternative date will be arranged.
12.13 If for any reason the ownership of the voucher is in contention, we will automatically defer the ownership to the purchaser whose details were given on purchase.
12.14 Each experience/tour carries a minimum age for a reason; please adhere to this when booking otherwise it may result in our keepers/rangers turning you away on the day. There will be no refunds offered if you do not adhere to age restrictions.
12.15 If you do not book in your Encounter Day to take place within the given 12 months validity, the voucher will become void and cannot be extended, refunded or transferred.
13.1 We run special events on an ad hoc basis which will be listed on the “What’s On” on our Site from time to time (Special Events) and only available for a limited period of time, subject to availability. By purchasing any one of our Special Events you agree to the terms set out in this clause 12. For additional terms and conditions in respect of individual Special Events, please refer to the relevant booking page which you are deemed to accept when making a purchase.
13.2 For the purposes of Special Event ticket purchases, those definitions set out in clause 4 (Tickets) which are used on our Site shall apply.
13.3 The contents or programme of each Special Event and the prices are as quoted on our Site. We reserve the right to reduce or alter the contents or programme of any Special Event at any time.
13.4 Normal admission tickets are not valid for admission into Special Events. Special Event tickets are only valid for the specific time and date stated in our Confirmation. We reserve the right to transfer the chosen and confirmed date to another date at any time or offer you an alternative date and will endeavour to provide you with as much notice as possible.
13.5 Once you have purchased a Special Event ticket and have received Confirmation please ensure that you bring your ticket with you on the date of your chosen Special Event.
13.6 We reserve the right to alter or reschedule any Special Event purchased with or without notice for reasons beyond our control, including but not limited to animal welfare, health and safety, staff shortages, adverse weather or changes to our animal collections. However, where altered, we will always endeavour to replace any purchased Special Event with a similar programme to that advertised and keep any changes to a minimum. Please be aware that rescheduling may occur on the same day of your Special Event. We cannot be held liable for any travel, accommodation or other related costs or expenses in the event that a Special Event is rescheduled.
13.7 The description of each Special Event advertised on our Site, including the duration is only an approximate guide as to what you should expect from the programme on the day and is subject to variation. This will be dependent on a number of factors including but not limited to availability of staff, weather conditions, the health and wellbeing of the animals or other attractions advertised and current availability of any complimentary items such as gifts and certificates.
13.8 You must arrive to the designated area of the Zoo for the Special Event at the pre-booked time. Should you arrive late, we reserve the right to refuse your entry to the Special Event without rescheduling or refund.
13.9 Save as otherwise expressly provided in these Terms, all Special Event tickets purchased are non-exchangeable, non-refundable and not for resale.
13.10 Unfortunately, some visitors will be unable to attend or participate in some of our Special Events (in whole or in part) due to health and safety issues, allergies, phobias, disabilities or pregnancy. In the event that we do not deem that it is safe for you to attend or take part in Special Event, we will provide you with a full refund of the price paid to us for the Special Event.
13.11 Whilst we will endeavour to accommodate any visitor with a disability or learning difficulty who has purchased a Special Event, this cannot always be achieved for practical and health and safety reasons. Please contact us for advice in this regard before making any purchase.
OUR GUARANTEE AND WARRANTY
14.1 This clause applies to any items or products (Items) that we provide to you as part of any Service ordered on our Site, save for Packages or any other perishable goods. If you are unhappy with any physical Item for any reason or you change your mind, you may return them to us at your own cost within 7 calendar days of receipt if you send us the proof of purchase. We will at your option, exchange the returned Items or refund you the price you paid for the Item.
14.2 If the Item(s) were delivered to you:
(a) you must return the Item(s) to us at The Fenn Bell Conservation Project, The Fenn Bell Inn, Fenn Street, St. Mary Hoo, Rochester, Kent, ME3 0BL as soon as reasonably practicable together with the original packaging and a copy of your Confirmation, together with a brief description of the fault;
(b) you have a legal obligation to keep the Item(s) in your possession and to take reasonable care of the Item(s) while they are in your possession.
14.3 We warrant that any Services we provide to you will be provided using reasonable care and skill.
14.4 As a consumer, you will always have legal rights in relation to Items that are faulty or not as described. We are under a legal duty to supply Items that are in conformity with this Contract. These legal rights are not affected by the guarantee provided above, the returns policy in this clause or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
15.1 By accepting these Terms and purchasing an order for Services with us, 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 Services for any commercial, business or resale purposes.
The Fenn Bell Conservation Project is committed to providing a high-quality level of customer service to our visitors, members and supporters. We invite feedback because it enables us to ensure the continuous improvement of the services and facilities we provide.
We want to make sure that your engagement with The Fenn Bell Conservation Project is memorable and enjoyable for all the right reasons, however we understand that sometimes things can go wrong and you find yourself needing to contact us. In these situations, we promise that we will:
• Treat any comments/feedback seriously
• Try to resolve any problems promptly, in no longer than 10 working days (should we require longer we will keep you informed at all times as to the progress of your complaint)
• Utilise any feedback/comments where appropriate to make recommendations for change in order to improve our visitor experience
What do to if you have a complaint
16.1 The sooner you can get in touch with us, the sooner we’ll be able to help you
16.2 Most complaints can be resolved quickly by speaking to one of our members of staff. If they are not the right person for you to speak with, they will be able to contact the relevant person for you.
16.3 If you are unable to make a complaint at the time of the issue occurring, please contact us as soon as possible by one of the following means:
• By email at email@example.com
16.4 We will aim to help you as soon as possible, however there may be times when we need do more research into your complaint, or to find out some more information for you. In these circumstances you will be kept informed as to the progress of your complaint and we will aim to resolve it within 10 working days
16.5 Should you not follow this complaints procedure and leave your complaints on a review site, our response to this on the review site will be our final response and no further action will be taken.
DATA PROTECTION AND PRIVACY
OUR RIGHT TO VARY THESE TERMS
18.1 We amend these Terms from time to time. The date these Terms were last updated is stated at the beginning of these Terms.
18.2 Every time you order Services from us, the Terms in force at the time of your order will apply to the Contract between you and us.
18.3 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.
PRICE OF SERVICES AND DELIVERY/POSTAGE CHARGES
19.1 The prices of the Services and Packages are as quoted on our Site. We take all reasonable care to ensure that the prices of Services on our Site are correct.
19.2 Prices for our Services may change but save in the event of an error changes will not affect any order which we have confirmed with a Confirmation email.
19.3 The price of a Service includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
19.4 The price of a Service does not include any applicable delivery or postal charges unless otherwise indicated. Where delivery or postal charges apply, they will be as quoted on our Site on the relevant booking page.
19.5 It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. In this event:
(a) where the Service’s correct price is less than the price stated on our Site, we will charge the lower amount; and
(b) if the Service’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 Service 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.
19.6 Payment for all of our Services online must be made at the time of the relevant transaction using a debit card or credit card. We accept the following cards: Visa, Visa Electron, Mastercard and Maestro.
20.1 This clause applies where you have ordered a Service on our Site that involves delivery of Items.
20.2 Your order will be fulfilled within the estimate delivery period set out in the Confirmation, unless there is an Event Outside Our Control (Events Outside Our Control).
20.3 Delivery will be completed when we deliver the Items to the address you gave us at the time of making your order.
20.4 The Items will be your responsibility from the completion of delivery.
20.5 You will own the Items once we have received payment in full, including all applicable delivery or postal charges.
21.1 If you order Items from our Site for delivery to a destination outside of the United Kingdom, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges, and we cannot predict their amount.
21.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
21.3 You must comply with all applicable laws and regulations of the country for which the Items are destined. We will not be liable or responsible if you break any such law.
22.1 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.
22.2 We only supply our Services for domestic and private use. You agree not to use our Services 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.
22.3 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).
EVENTS OUTSIDE OUR CONTROL
23.1 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.
23.2 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 the Zoo), 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 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.
23.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a
(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, we will arrange a new delivery date with you after the Event Outside Our Control is over.
COMMUNICATIONS BETWEEN US
24.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
24.2 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 The Fenn Bell Conservation Project, The Fenn Bell Inn, Fenn Street, St. Mary Hoo, Rochester, Kent ME3 8RF or firstname.lastname@example.org. You can also contact us on 01634 270422
24.3 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.
OTHER IMPORTANT TERMS
25.1 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.
25.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you have purchased a Service as a gift, you may transfer the benefit of our warranties to the recipient of the gift without needing to ask our consent.
25.3 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. However, the recipient of your gift of a Service will have the benefit of our warranties but we and you will not need their consent to cancel or make any changes to these Terms.
25.4 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.
25.5 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.
25.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Services 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.