Terms & Conditions

The site is owned and operated by A.Vogel Ltd, 2 Brewster Place, Irvine KA11 5DD. If you have any queries about these terms or conditions or, if you have any comments or complaints on or about our website, you can contact us at enquiries@avogel.co.uk or by telephone on 0800 085 0821.

If you use our website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and you should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering/ordering.

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not A.Vogel Ltd are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

You must not use the website for any of the following:

• For fraudulent purposes, or in connection with a criminal offence or other unlawful activity
• To send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
• To cause annoyance, inconvenience or needless anxiety
• Inappropriate conduct will be recorded and reported to the relevant authorities.

All rights, including copyright, in this website are owned by or licensed to A.Vogel Ltd. All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of avogel.co.uk, its affiliates or its content suppliers and is protected by United Kingdom and international copyright, authors rights and database right laws. The compilation of all content on this website is the exclusive property of avogel.co.uk and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of A.Vogel Ltd, our affiliates or our software suppliers and is protected by United Kingdom and international copyright and authors rights laws.

You may not systematically extract and/or re-utilise parts of the contents of the website without avogel.co.uk's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without avogel.co.uk's express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without avogel.co.uk's express written consent.

A.Vogel Ltd grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of avogel.co.uk. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of A.Vogel Ltd and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising A.Vogel Ltd or its affiliates' names or trademarks without the express written consent of A.Vogel Ltd. Any unauthorised use terminates the permission or license granted by A.Vogel Ltd.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of A.Vogel Ltd as long as the link does not portray A.Vogel Ltd, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any A.Vogel Ltd logo or other proprietary graphic or trademark as part of the link without our express written consent.

A.Vogel Ltd and other marks indicated on our website are trademarks or registered trademarks of A.Vogel Ltd or its subsidiaries, in the European Union and/or other jurisdictions. Graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of avogel.co.uk, trademarks and trade dress may not be used in connection with any product or service that is not avogel.co.uk's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits avogel.co.uk. All other trademarks not owned by avogel.co.uk that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by avogel.co.uk.

We try to ensure that this site 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 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.

The contract between us:

• We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Your payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us when the goods have been despatched. Our acceptance of your order brings into existence a legally binding contract between us.

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 goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.

Availability of goods

• All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock or will not be readily available from suppliers within 7 working days of your order, we will contact you by email or phone (if you have given us the details). We will make every effort to obtain an estimated delivery date based on information provided from our suppliers but please bear in mind that due to the seasonal nature of some of our product offering, we may not be able to deliver the product ordered. We will contact you with alternative suggestions and you will have the option either to wait until the item is available from stock, adjust your order to a suggested alternative or to cancel your order.

Ordering errors

• You are able to correct errors on your order up to the point on which you click “submit” during the ordering process.

Price

• The prices payable for goods that you order are set out in our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.Wherever it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, offer to sell you the goods of the specification and description at the prices stated in the email and will state the period for which the offer or price remains valid.

Payment terms

• Orders are paid for by credit card services offered by Braintree Payments (https://www.braintreepayments.com/gb) or PayPal services offered by PayPal (http://www.paypal.com). Acceptance of payment for an order may be subject to rules and regulations set forth by Braintree or PayPal and we encourage you to review those regulations on their sites. We will take payment upon receipt of your order. We accept no liability if a delivery is delayed because you did not provide the correct details. If it is not possible to obtain full payment for the goods from you then we will cancel the order. This does not affect any other rights we may have.

Special Offers

From time to time we may promote special offers on our site. These are available whilst stocks last and at our discreation.

Delivery charges

Our current delivery charges are (including VAT):

• Standard Delivery is £3.99
• Standard Next Day Delivery is £5.99
• My A.Vogel Standard Delivery is FREE
• My A.Vogel Next Day Delivery is £1.00

You will need to provide us with your email address when ordering and we will notify you by email as soon as possible to confirm receipt of your order. An acceptance of your order will take place on despatch of the good(s) ordered.

We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. We cannot accept any liability for loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods within 3 - 5 working days, for standard deliveries - but delivery times are not guaranteed.

Next day deliveries will be delivered next days as long as we receive your order before 1pm BST Monday to Friday, excluding weekends and bank holidays. If you have provided us with a mobile number and your order is despatched by Royal Mail (parcels up to 2KG), you will receive 3 text messages from them notifying you of your parcels progress.

If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.

You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.

• Under the Distance Selling Regulations you have the legal right to cancel your order within 7 days of receipt of your goods (with exception to any made to order items). You do not need to give us any reason for cancelling your contract, though any information offered will help improve our service, nor will you have to pay any penalty. However, you will need to notify us if you wish to cancel your contract via email or post.
• Please reference your full name, delivery address and account number with any goods returned. Failure to reference these will not guarantee a full refund or replacement.
• If you have received the goods before you cancel your contract then (unless, under the previous clause for which you do not have a right to cancel) you must send the goods back to our contact address at your own cost and risk.
• Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition that they were in when delivered to you (Un-opened and un-used). If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
• You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods.

We reserve the right to cancel the contract between us if:

• We have insufficient stock to deliver the goods you have ordered
• We do not deliver to your area or country
• One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers

If we do cancel your contract we will notify you by email and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.

If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable). If you notify a program to us under this condition, our only obligation will be, at your option:

• to make good any shortage or non-delivery
•  to replace or repair any goods that are damaged or defective or
•  to refund to you the amount paid by you for the goods in question in whatever way we choose.

Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

Certain products in our offering have properties that make them potentially unsafe if misused. You must, upon receipt of any product from our offering, read carefully any safety warnings and follow clearly any guidelines on how to use the product. If you are in any doubt about the use of the product, the meaning of any warnings, or whether your intended use of the product is safe, we urge you to contact the manufacturer for clarification prior to use. avogel.co.uk will not be held responsible for any negligent use or misuse of products purchased from our shop/website. Nothing in these guidelines should be thought to supersede, or to alter, or to take precedence over manufacturers' instructions. If no instructions are issued and you have a query about how to use the product you are purchasing, we request that you consult the manufacturer.

A.Vogel Ltd does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use avogel.co.uk only with the involvement of a parent or guardian.

Unless otherwise stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 2 Brewster Place, Irvine Ayrshire, KA11 5DD and all notices from us to you will be displayed on our website from time to time.

When you visit avogel.co.uk or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

When you provide your mobile telephone number on our website, you are agreeing to receive alerts and communications, and marketing messages sent via text messages, SMS, MMS, and picture messages from A.Vogel Ltd. Your consent is not required to purchase goods or services. Message & data rates may apply.
You may opt-out at any time by texting the words AVOGEL STOP to 87800. Alternatively, you can email kirsty@avogel.co.uk with the subject line AVOGEL STOP to opt out, or for more information..
Your carrier may charge you for text messages that you receive, or may prohibit or restrict certain mobile features, and certain mobile features may be incompatible with your carrier or mobile device. Please contact your carrier with questions regarding these issues.

By ordering from our site you are agreeing to us sharing your name, email address and the product/s you purchased (as obtained during the order process) with Feefo, who will send you an email on our behalf asking you to complete a review. Our legal basis for doing this is our legitimate interest in asking for feedback in order to improve our products and services.

Please see Feefo’s privacy policy for more information on how Feefo uses the reviews you submit.

If you submit a video review to the A.Vogel Website, you are confirming that you have read, understood and agree to these terms and conditions in full. If you disagree with any part of these terms and conditions, do not submit a review.

By submitting a video or product review you are agreeing that A.Vogel Ltd may use this in whole or in part together with the name and town of the person submitting it on our website.

We reserve the right to assess and remove any video reviews deemed unsuitable.

We reserve the right to use the video review in part, and therefore we reserve the right to edit the video content accordingly to ensure it becomes fit for the purpose of company self-promotion, such as press campaigns, social media, email campaigns and for use on our website.

Video reviews can only be submitted by customers who have previously completed a purchase via our website and only by invitation from Feefo.

We reserve the right to make changes to our website, policies, and these terms and conditions at any time. You will be subject to the policies and terms and conditions in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. 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.

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

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

By registering for our site you accept that cookies may be used to enhance your experience. More information about our cookies can be found in our privacy policy.

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