Terms & Conditions

1) Definitions

a) In the following terms and conditions; the buyer means the person whose order for the goods is accepted by the seller;

b) the goods means the item(s) that the seller is to supply to the buyer in accordance with these terms and conditions;

c) the seller means TMM Direct Ltd., Trading as 'The Incubator Shop' (Registered in England under number 07518922) of Unit A4, Grovehill Industrial Estate, Beck View Road, Beverley, East Yorkshire HU17 0JT United Kingdom (Please Note: visitors are by strict appointment only);

d) conditions refers to the standard set of terms and conditions set out in this document;

e) the contract means the contract for the sale and purchase of goods.

2) Basis of sale

a) The seller shall sell and the buyer shall purchase the goods in accordance with any written or verbal order of the buyer which is accepted by the seller.

b) These conditions shall govern the contract to the exclusion of any other terms and conditions subject to which any such order is made or purported to be made by the buyer.

c) No variation of these conditions shall be binding unless agreed in writing between the seller and the buyer.

d) Any advice or recommendation given by the seller or its employees to the buyer as to the storage, application or use of the goods is followed or acted upon entirely at the buyer’s own risk, and accordingly the seller shall not be liable for any such advice or recommendation.

e) Any samples, illustrations or descriptive material including but not limited to particulars of shade and pattern and other information displayed on the seller’s website, advertising material or elsewhere shall not form part of the contract and shall be treated as approximate and for guidance only.

f) Specifications such as product dimensions and egg capacities are to be taken as approximate and do not form part of the contract

3) Pricing and Purchase

a) The price of the goods shall be the price quoted on the seller’s published website current at the date of acceptance of the order unless otherwise agreed verbally in writing between the buyer and the seller.

b) The buyer shall be liable to pay such value added and other tax as is applicable to the goods supplied and as dictated by legislation relating to the UK, European Union or foreign trade.

c) Value Added Tax (VAT) is included in all prices as published on the seller’s website. UK buyers as well as overseas buyers from within the European Union are required to pay VAT at the standard UK rate.

d) Buyers from outside of the European Union as well as those exempt from UK Value Added Tax must contact the seller directly to agree the conditions of a separate contract. Our VAT Registration number is 905 1860 37.

e) If payment is made by cheque or bank transfer, the seller is not contractually obliged to send the goods until the required funds are cleared.

f) To see details of our Price Match Promise, see section 8.

4) Deliveries

a) The seller reserves the right to use whichever courier is deemed the most appropriate to each individual contract.

b) The delivery times stated on the seller’s website should be treated as estimates and are not guaranteed. The seller is not liable for any delays caused by couriers or other third parties.

c) The seller has a legal duty to complete the contract within 30 days beginning from the day after the date of order. If the contract exceeds 30 days, without prior consent from the buyer, the contract must be treated as though it had never been made.

d) If, upon placing the order, the required delivery location is not available, the buyer should contact the seller immediately to organise an alternate delivery method.

5) Refunds, returns and warranties

a) If the goods are damaged upon receipt by the buyer;

i) it is the buyer’s responsibility to sign and record damages with the delivery driver at the point of delivery or notify the seller within a reasonable time frame after receipt of the goods.

ii) It is the buyer’s responsibility to check for faults or damages on arrival of the goods and the seller cannot be held liable for such damages after a reasonable period of time has elapsed.

iii) If the buyer specifies at the point of purchase that the goods should be delivered without the buyer present - i.e. goods to be left in a porch or outhouse – neither the seller nor the courier are to be held liable for any loss, damages or delays resulting from the delivery of the goods.

b) In accordance with the ICAC regulations 2013, the buyer is entitled to cancel the contract and return the goods to the seller for a full refund. The cancellation period ends after 14 working days beginning with the day after the day on which the buyer receives the goods. To confirm such a cancellation, the buyer must

i) supply the seller with a confirmation of cancellation, either written or in an email;

ii) agree to cover the cost of returning the goods to the seller;

iii) agree to return the goods with reasonable care and attention. The buyer will be held liable for any loss or damages resulting from the return of goods to the seller. It is recommended that goods are returned in their original packaging.

iv) agree to return the goods in a reasonable - preferably re-sellable - condition. We (the buyer) reserve the right to contest liability for goods soiled beyond repair.

c) All goods listed on the seller’s website (with the exception of liquids, feeds, consumable products and parts) are subject to a minimum 12 month warranty. The warranty covers all product faults with the exception of those attributed to intentional or accidental damage and/or reasonable wear and tear. The warranties and guarantees offered by the seller to not cover any loss or damage to eggs or livestock.

d) If a fault should develop within the given warranty period, the buyer should inform the seller immediately.

e) If a fault develops within the warranty period, the seller may request that the goods are returned for inspection. If the goods are confirmed as faulty by the seller upon their return, the seller will offer to repair, replace or refund the goods.

f) If the buyer agrees that the seller should repair or replace the goods, the seller will cover the costs of returning the repaired or replaced goods to the buyer.

g) If the buyer and the seller agree a refund for the goods, the buyer will be reimbursed with both the cost of the goods and the original delivery fee.

h) If, upon receipt by the seller, the returned goods are deemed to be in working order, with no inherent fault; it will be the responsibility of the buyer to arrange and cover the costs of re-delivery. The seller reserves the right to withhold the goods until such a delivery is arranged and paid for.

i) When returning goods to the seller for any reason, the seller must be informed in due time and will give the buyer a “returns reference number”.

6) General conditions

a) The colours, measurements and weights of the products advertised are true at the time of writing and are subject to change.

b) The seller is not to be held liable for any loss, damage or injury arising from the goods or advice supplied.

c) The seller is not liable for any loss, damages or delays resulting from acts of God, war and other hostilities, civil commotion, accident, strikes, lock-outs, trade disputes, acts or restraints of government, imposition or restrictions of government, imposition or restrictions of imports or exports or any other cause not within the reasonable control of the seller.

d) If any part of the conditions is found to be unenforceable by law, all other parts of the conditions shall not be affected and will remain in force.

e) We reserve the right to refuse service to anyone for any reason at any time.

7) Contact details

a) The seller can be contacted by post at TMM Direct Ltd., Unit A4, Grovehill Industrial Estate, Beck View Road, Beverley, East Yorkshire HU17 0JT United Kingdom (Please Note: visitors are by strict appointment only);

b) by email – sales@theincubatorshop.co.uk;

8) Our Price Match Promise

We'll instantly match the price of any other UK-based store (online). To claim your price match promise, you must use our online "PRICE PROMISE" button which can be found on every product description. Simply take the following steps...

Find your product and click "More Info" to enter the product description page.

Click the "PRICE MATCH PROMISE" button to the right of the item picture.

Enter the competitor price (this must include their delivery fee)

Enter the competitor web address or store name

Click "Add to Basket"

Once we recieve your price match request, we will check that the details are correct. Please note that we can only match prices that are like-for-like. This includes all VAT and postage charges. The following additional conditions apply:

Our price match service cannot be used in conjunction with any other offer or voucher code.

Both items (ours and the competitor product) must be exactly the same, currently in stock (on both websites), and available for immediate dispatch.

We do not price match second hand products, auction sites (such as eBay), fake/counterfeit items or fake/counterfeit websites.

We don't price match foreign web sites, because item specifications can vary between countries and ordering from outside the EU involves the hidden costs of import duty and VAT.

The Incubator Shop (TMM Direct Ltd) reserves the right to refuse a price match for any of the above reasons.

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