These Terms and Conditions are the standard terms for the sale of Goods by us, On Target Range Ltd, of 13 Osyth Close, Brackmills Industrial Estate, Northampton, England, NN4 7DY (“the Company”).

1.         Definitions and Interpretation

1.1       In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

            “Contract” means the contract for the purchase and sale of Goods, as explained in Clause 2;

            “Customer” means you, the individual, firm or corporate body placing an Order with us;

            “Goods” means the Goods which are to be supplied by us to you as specified in your Order (and confirmed in our Order Confirmation);

            “Order” means your order for the Goods;

            “Order Confirmation” means our acceptance and confirmation of your Order as described in Clause 2;

            “Price” means the price payable for the Goods;

            “Range” means the gun shooting range at 13 Osyth Close, Brackmills, Industrial Estate, Northampton, England, NN4 7DY;

            “Special Price” means any special offer price payable for Goods which we may offer from time to time;

            “We/Us/Our” means On Target Range Ltd., a company registered in England under number 08939280, whose registered office is at 13 Osyth Close, Brackmills Industrial Estate, Northampton, England, NN4 7DY, and includes all employees and agents of ours; and

            “Website” means https://ontargetrange.co.uk and any sub-domains of this website.

1.2       Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications whether sent by e-mail or other similar means.

1.3       The headings used in these Terms and Conditions are for convenience only and shall have no effect on their interpretation.

1.4       Each reference to the singular number shall include the plural and vice versa.  Each reference to any gender shall include the other gender.  References to persons shall include corporations.

1.5       A statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.

2.         The Contract

2.1       These Terms and Conditions govern the sale of Goods by us and will form the basis of the Contract between you and us.  Before placing your Order, please ensure that you have read these Terms and Conditions carefully.  If you are unsure about any part of these Terms and Conditions, please ask us for clarification.

2.2       If you wish to place an Order with us via our Website, the Website will guide you through the ordering process.  Before submitting your Order to us, you will be given the opportunity to review and amend it.  Subject to Government legislation certain goods (rifles, pistols, airguns and silencers) cannot be purchased via our website.

2.3       Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that we may, at our discretion, accept.

2.4       A legally binding contract between you and us will be created upon our acceptance of your Order, indicated by our Order Confirmation.  Order Confirmations will be provided in writing.

2.5       We will ensure that the following information is given or made available to you prior to the formation of the Contract between you and us, unless such information is already apparent from the context of the transaction:

2.5.1       The main characteristics of the Goods;

2.5.2       Our identity (set out above in sub-Clause 1.1) and contact details (set out below in Clause 12);

2.5.3       The total Price for the Goods including taxes;

2.5.4       Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;

2.5.5       The arrangements for payment, delivery and the estimated time by which we undertake to deliver the Goods;

2.5.6       Our complaints handling policy.

2.6       If we, for any reason, do not accept or cannot fulfil your Order, no payment will be taken under normal circumstances.  If we have taken payment, any such sums will be refunded to you as soon as possible and in any event within 14 days.

3.         Description and Specification of Goods

3.1       We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in our sales and marketing literature and on our website.  We cannot, however, guarantee that all illustrations and/or photographs will be precisely accurate.

3.2       If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.  

3.3       We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.

3.4       We neither represent nor warrant that particular Goods will be available.  Stock indications are not provided on our Website.

4.         Orders

4.1       All Orders will be subject to these Terms and Conditions.

4.2       On entering this agreement when purchasing rifles, pistols, airguns, silencers or ammunition, you are confirming you are over the age of 18 years old and you know of no lawful reason as to why you should not purchase the Goods under the Firearms Act 1968.

4.3       You may change your Order at any time before we despatch the Goods by contacting us. 

4.4       If your Order is changed, we will inform you of any change to the Price in writing.

4.5       You may cancel your Order at any time before we despatch or you collect the Goods, by contacting us in writing.  If you have already paid for the Goods under Clause 5, the payment will be refunded to you within 30 days. 

4.6       We may cancel your Order at any time before we despatch the Goods if the Goods are no longer in stock and we are unable to re-stock (if, for example, the Goods are discontinued). 

4.7       If we cancel your Order under sub-Clause 4.6 and you have already paid for the Goods under Clause 5, the payment will be refunded to you within 30 days.  If we cancel your Order, the cancellation will be confirmed by us in writing.

5.         Price and Payment

5.1       The Price of the Goods will be that shown at the time of your Order.  If the Price shown in your Order differs from our current Price, we will inform you upon receipt of your Order.

5.2       If we quote a Special Price which is different to the Price shown in our current sales and marketing literature, the Special Price will be valid for 7 days or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement.  Orders placed during this period will be accepted at the Special Price even if we do not accept the Order until after the period has expired.

5.3       Our Prices may change at any time but these changes will not affect any Orders that we have already accepted.

5.4       We have made every reasonable effort to ensure that our Prices, as shown in our current sales and marketing literature and on our Website are correct.  If there is an obvious pricing error on our Website, we will be under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the price error is unmistakable and could have reasonably been recognised by you as a mis-pricing.  Prices will be checked when we process your Order.

5.5       All Prices include VAT where specified.  If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay.  Changes in VAT will not affect any Prices where we have already received payment in full from you.

5.6       All payments for the Goods must be made in advance before you can take the Goods away from the Range.

5.7       We accept payment by credit/debit card, cash or cheque.  All payments made via the Website will go through an online payment gateway provider, such as PayPal.  No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to this payment gateway provider’s terms and conditions. A separate contractual relationship is created between you and the payment gateway provider and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by such third party.

5.8       We may offer you (member’s only) an interest-free 4 month purchase scheme (but have no obligation to do so).  If we do offer this scheme to you, it is subject to the following conditions:

5.8.1       You shall pay the Price of the Goods in 4 equal instalments, the first of which is to be paid on the date the Order is placed;

5.8.2       Total payment must be received by us, by the end of the 4^th month after the Order has been placed;

5.8.3       You do not have any ownership rights in the Goods until payment has been received by us in full;

5.8.4       The Goods remain our property, however you may use the Goods at any time provided the Goods do not leave the Range and the applicable hire fee for the Range has been paid;

5.8.5       We shall have the right to withdraw your right to the Goods and re-sell the Goods in the event that any payments have not been made on the due date for payment;

5.8.6       If we re-sell the Goods under sub-clause 5.8.5 no refund of any deposits made shall be issued.

5.9       If you do not make payment to us by the due date, we may charge you interest on the overdue sum at the rate of 4% per annum above the Bank of England base lending rate from time to time.  Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment.  You must pay any interest due when paying an overdue sum.

5.10     The provisions of sub-Clause 5.9 may not apply if you have promptly contacted us to dispute an invoice in good faith.  No interest will accrue while such a dispute is on-going.

5.11     You own the Goods once we have received payment in full for them.

6.         Delivery

6.1       Rifles, pistols and silencers are unable to be delivered to a personal address; these items can be purchased and collected at the Range address, face to face and identification must be provided

6.2       Alternatively these items can be delivered to a Registered Firearms Dealer in your area.  Please note the receiving dealer may levy a charge for this service.

6.3       All other items can be delivered to a UK address.  Our Prices exclude the cost of delivery.  The delivery costs will be added on to the final sum due.  If ordering via our Website, delivery options and any related charges will be presented to you as part of the Order process.

7.         Faulty, Damaged or Incorrect Goods

7.1       By law, we must provide Goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, and that match any samples or models that you have seen or examined (unless we have made you aware of any differences).  If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund or replacement.

7.2       Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.  Alternatively, you may request a replacement. 

7.3       If the packaging is damaged on delivery, please contact us within 48 hours of delivery so we can investigate the issue with the delivery company.

7.4       To return Goods to us for any reason under this clause 7, please contact us to arrange for them to be returned.  You will need to return the Good(s) unopened, in the original packaging. 

7.5       On receipt of the returned Goods, if we prove them to be faulty, damaged or incorrect, we will provide you with a replacement within a reasonable time and will reimburse you for the postage costs in returning them to us.

7.6       In certain circumstances, where a replacement is impossible or otherwise disproportionate, we may instead offer you a full refund, including any delivery costs paid by you when the Goods were originally purchased.  Refunds will be issued within 14 days of the day on which we agree that you are entitled to the refund.

7.7       Please note that you may not return Goods to us under this clause 7 merely because you have changed your mind.  If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling off period within which you can return Goods for this reason.  Please refer to clause 8 for more details.

8.         Cancelling and Returning Goods if You Change Your Mind

8.1       If you are a consumer in the European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason.  This period begins once your Order is complete and we have sent you your Order Confirmation, i.e. when the Contract between you and us is formed.

8.2       Please note this “cooling off” period does not apply to Orders made in person at the Range or Orders under the value of £42 (including delivery costs and other charges).

8.3       If the Goods are being delivered to you in a single instalment (whether single or multiple items), the cooling off period ends 14 calendar days after the day on which you receive the Goods.

8.4       If the Goods are being delivered in separate instalments on separate days, the cooling off period ends 14 calendar days after the day on which you receive the final instalment of Goods.

8.5       If you wish to exercise your right to cancel under this clause 8, you must inform us of your decision within the cooling off period.  You may do so in any way you wish, however for your convenience we offer a cancellation form on our Website and will include a link to it with the Order Confirmation.  Cancellation by email or by post is effective from the date on which you send us your message.  Please note that the cooling off period lasts for whole calendar days.  If, for example, you send us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted. 

8.6       Please ensure that you return Goods to us no more than 14 calendar days after the day on which you have informed us that you wish to cancel under this clause 8.

8.7       You may return Goods to us by post or another suitable delivery service of your choice to our returns address provided with the Goods.  Please note that you must bear the costs of returning Goods to us if cancelling under this clause 8. 

8.8       Refunds under this clause 8 will be issued to you using the same payment method that you used when ordering the Goods unless you specifically request otherwise, within 14 calendar days of the following:

8.8.1       The day on which we receive the Goods back; or

8.8.2       The day on which you inform us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under clause 8.8.1); or

8.9       If we have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform us that you wish to cancel the Contract.

9.         Guarantee

9.1       We warrant to you that any Goods purchased from us are of satisfactory quality and fit for the purpose for which the Goods of such kind are commonly supplied.  More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or from the Office of Fair Trading.

9.2       We cannot guarantee any defects in the Goods caused by:

9.2.1       Normal wear and tear;

9.2.2       Deliberate damage and/or misuse of the Goods;

9.2.3       Accidental damage;

9.2.4       Failure to use the Goods in accordance with our instructions;

9.2.5       The alteration of the Goods by you or any third party that is not authorised by us.

9.3       We offer a 12-month warranty on all items purchased on or after 16th June 2017. The 12-month warranty does not cover physical damage, water damage, damage caused under the provisions of clauses 9.2.1 – 9.2.5 inclusive, or any damage caused by improper use; it only includes faults arising in the course of normal use.

10.       Our Liability

10.1     We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence.  Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

10.2     Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.

10.3     Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

10.4     Furthermore, nothing in these Terms and Conditions seeks to exclude or limit our liability with respect to any of your rights as a consumer.

11.       Events Outside of Our Control (Force Majeure)

11.1     We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control.  Such causes include, but are not limited to: failure of any sub-contractor, power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism or war, governmental action, epidemic or other natural disaster, or any other event that is beyond our control.

12.       Complaints and Feedback

12.1     We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.

12.2     All complaints are handled in accordance with our complaints handling policy and procedure, available on request.

12.3     If you wish to complain about any aspect of your dealings with us, please contact us in writing at the address or email address available on our Website.

13.       How We Use Your Personal Information (Data Protection)

13.1     All personal information that we may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

13.2     We may use your personal information to:

13.2.1     Provide our Goods and services to you;

13.2.2     Process your payment for the Goods; and

13.2.3     Inform you of new goods and services available from us.  You may request that we stop sending you this information at any time.

13.3     In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, we may pass your personal information on to credit reference agencies.  These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.

13.4     We will not pass on your personal information to any other third parties without first obtaining your express permission.

14.       Other Important Terms

14.1     We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell our business).  If this occurs you will be informed by us in writing.  Your rights under these Terms and Conditions will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.

14.2     You may not transfer (assign) your obligations and rights, including the benefit of the guarantee in Clause 9, under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.

14.3     The Contract is between you and us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions. 

14.4     If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.

14.5     No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.

15.       Governing Law and Jurisdiction

15.1     These Terms and Conditions and any contract between us will be in accordance with the laws of England and Wales and any dispute will fall within the jurisdiction of the courts of England and Wales.