Terms and Conditions of Business
1.1 EFD offers Electric Fencing and poultry supplies including provision of accessories ("the Service"). "Electric Fencing Direct" known as "EFD" is a trading name of Francis Campbell Ltd, a company registered in Scotland (Company Number SC334461) with the registered office at Traprain Cottage , 7 Traprain, Haddington, East Lothian, EH41 4PY.
1.2 By using this Website and/or registering for Services You agree to be bound by the terms and conditions set out below. If You do not agree to be bound these terms and conditions hereunder; please do not use or access this Website. You must read and accept all of the terms and conditions contained herein before You may use or access the Website in any way.
1.3 These terms and conditions constitute the entire terms and conditions upon which EFD provides the Service and upon which the User agrees to contract for the use of the Service except where specifically varied by written agreement by EFD on the Registration Confirmation. They supersede any written or oral representations, statements, understandings or agreements.
1.4 From time to time, it will be necessary to update the terms and conditions and You agree to be bound by the new terms and conditions after the implementation date for the revised terms and conditions.
Definitions In this Agreement:
"Agreement" means these terms and conditions together with the Customer's registration as confirmed in EFD's Registration Confirmation.
"Customer" means a consumer or individual User who registers and contracts for the Service and excludes any Business User
"Completed Registration" means a successful registration via the Website.
"Buying Guide" means the guide listed on the Website detailing the process of ordering products from EFD.
"Business User" means any company or business entity who wishes to purchase from the EFD Website.
"Energiser Product" means the power resource product supplied by EFD.
"Debit and Credit Card Services" means the credit and debit card payment services option offered to EFD Customers through the 3rd party company Sage Payment subject to their terms and conditions.
"Order" means the Customers instruction to EFD to proceed and supply the Products.
"Order Confirmation" means the email acceptance sent by EFD following receipt of the Customer’s Order. Please note in certain circumstances to accommodate some Customers the Order Confirmation shall be delivered by postal service.
"Products" or "Product" means any items supplied by EFD including EFD and provision of accessories.
Intellectual Property" means any patent, invention, copyright, database right, registered or unregistered design, trademark displayed on the Website (whether registered or unregistered), trade name, logo, trade secrets, know-how or other industrial or intellectual property right subsisting anywhere in the world, and applications for any of the foregoing, together with the goodwill thereon.
"Postal Service" means the alternative means of contracting and communicating with EFD for Customers without internet access.
"Information" means any and all material contained in this Website.
"Customer Information" means the information required by EFD to allow us to deliver services.
"the User" and "You" means anyone who uses this Website.
"the Website" means the EFD website operating under the domain name of www.electricfencing.co.uk.
"Share on Social Media" means the Customer introducing EFD Services to another potential User, as described on the Website and accessed via the ‘Facebook’ or ‘Twitter’ buttons (subject to either Facebook or Twitter terms and conditions).
"On Site Support" means the Customer requires a 3rd party to visit their premises, to assess the installation or suitability of the Product.
"Order Confirmation" means the email or letter acceptance sent by EFD following receipt of the Client’s Order.
"Registration Confirmation" means the email acceptance sent by EFD following receipt of the Customer’s registration.
"the Service Commencement Date" shall be the date the Service is available following the Registration Confirmation and as set confirmed in the Order Confirmation.
"Working Hours" means 9.00am to 5.30pm from Monday – Friday excluding weekends, public holidays or statutory holidays).
"Complaints Process" means all complaints must be sent to [email protected] or in writing by post to Traprain Cottage , 7 Traprain, Haddington, East Lothian, EH41 4PY.
"Charges" means the charges for EFD Services accessible through the website.
2. Service Provision
2.1 EFD will provide a Registration Confirmation for all registrations placed but reserves the right to accept or reject any registration at its sole discretion.
2.2 EFD will use all reasonable endeavours to provide the Service as described on the Website. Due to the nature of such Services, the time will not be the essence of the contract.
2.3 EFD may at any time amend the Service for any reason including, but not limited to, technical, legal or business reasons.
2.4 EFD encourages any interested or potential Business User to make contact with EFD if they would like further information on our cloud based service. We are contactable on [email protected], or call EFD on 01620 860058.
2.5 Any Customer complaints must be dealt with through the Complaints Process. A complaint can only be dealt with by EFD if the correct process is followed.
2.6 EFD provides email Customer support available at [email protected].
3. Proprietary Rights
All Intellectual Property Rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code are owned by, licensed or authorised to EFD, its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Website is owned by EFD or its licensors or its content or technology providers except where otherwise specified. Nothing in these terms and conditions transfers to You any rights of ownership of such intellectual property rights, or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these terms and conditions. Without EFD's prior written permission, You may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or the underlying software code whether in whole or in part. However, the contents of this Website may be downloaded, printed or copied for your personal non-commercial use or some of the website shared through 'Facebook and Twitter' button on the Website.
4. Basis of Use of the Website
4.1 You agree to the following:-
4.1.1 that You are aged 18 or over and are legally capable of entering into binding contracts;
4.1.2 that You understand, acknowledge and accept the exclusion of liability and disclaimer provisions contained hereafter;
4.1.3 that You will only view the Information on the Website for your own private purpose and will not publish, reproduce, store or retransmit any of the Information contained in the at any time; unless through the 'Facebook' or 'Twitter' buttons' more fully described on the Website;
4.1.4 that You shall not use the Information for any unlawful purpose or in any unlawful manner;
4.1.5 that You shall not use the Website or the Information in any manner which may constitute an infringement of any 3rd party rights (including but not limited to rights of copyright, trademark or confidentiality);
4.1.6 that You shall not run any tools on the Website that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, experimental, educational or any other use;
4.1.7 that all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Website shall remain vested in EFD at all times;
4.1.8 that You will indemnify and keep indemnified EFD against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information or the Website or breach of your obligations under his agreement.
4.2 The User agrees that in respect of the EFD sharing feature, EFD reserve the right to amend the limit stated therein from time to time.
5. Order Process
5.1 An Order may be placed by telephone by calling 01620 860058. In the event the Customer has no access to internet services, EFD will take the Order over the telephone and issue the terms and conditions via the Postal Service (between the hours of 9.00am to 5.30pm from Monday – Friday).
5.2 Where an Order is placed orally or in the event of any dispute as to the Order, the Order Confirmation shall be deemed as the authoritative Order.
5.3 All quotes issued by email or through the website will be valid for 30 days.
5.4 No Agreement in respect of any Order shall exist between us and You until your Order has been accepted by us by means of an Order Confirmation (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded.
5.5 Please note with regard to any telephone calls between us, we record all telephone conversations to assist with training and to ensure the best service is being provided.
6. Customer Obligations
6.1 Orders must be submitted electronically via the Website. To do so, You will be required to follow the online registration process. When doing so, You will be required to register with us and complete certain required fields on a form. This may include the provision of security information such as your identification details and password(s). You agree that You will be responsible for ensuring that such security information is kept secure and confidential at all times. You must inform us immediately if You become aware of or suspect any unauthorised use of these security details or if they become available to an unauthorised party.
6.2 By registering, You hereby warrant that all information submitted by You is true, current and complete. EFD reserves the right to verify Customer details.
6.3 The Customer shall pay the charges for the Service in accordance with clauses 7 and 8 below.
6.4 Without prejudice to its rights in terms of Clause 11 hereof, EFD is entitled to suspend or terminate the Customer's use of the Service if the Customer fails to comply with any of its obligations under clauses 4, 6, 7 and, 8 herein.
6.5 The Customer agrees to provide EFD with all necessary information required as stated in the Website, this includes where applicable all relevant information necessary for EFD to adhere all relevant legislation including;
6.5.1 where applicable all details required to open an account with EFD.
6.6 The Customer will be responsible for obtaining and holding all consents, licences, permits and other similar instruments including planning permission to allow the use of the Product.
6.7 The Customer accepts that third party advertising will be present on the Website.
6.8 The Customer is responsible for providing a satisfactory level of cooperation and for providing all necessary Information and facilities to enable EFD to produce and deliver a quality service, including:
6.8.1 the necessary information for registration including name, home address, delivery address, email address, landline and mobile telephones.
6.8.2 the correct cooperation for EFD including.
6.8.3 the correct measurements and quantity of the Product.
6.8.4 a power source to power the Product.
6.8.5 the correct conditions and space to store the Products as recorded in the product guide.
6.8.6 the status of the ground the product will be installed upon.
6.8.7 where applicable, details of any of animal(s) kept by the Customer.
6.8.8 a signature for Products when received.
6.9 It is the Customer’s responsibility to adhere to all relevant legislation and regulations including;
6.9.1 installing the correct signage to notify passers-by of the presence of ‘EFD’ or any other similar product.
6.9.2 ensuring the signage is visible and the signage posted at the recommended intervals in line with all relevant legislation and regulations.
6.9.3 the installation of brackets to hold the electric fencing any other Product within the boundaries of your own land or obtaining third party or other permission where appropriate with regard to installation.
6.10 The Customer takes full responsibility with regard to informing neighbours of your intentions to install Electric Fencing or any other product of a similar nature.
7. Service Charges
7.1 Charges for the Service shall be based upon the Customer paying the Initial Payment for the Service in advance of the Products being issued.
7.2 The prices charged initially shall be those stated on the Website and confirmed in the Order Confirmation provided to the Customer. Prices on the Website are inclusive of VAT and exclusive of delivery charges; these will be added to the total charge for the Service identified in the Order Confirmation.
7.3 Unless otherwise agreed, no Service will commence until payment has been received.
7.4 EFD reserves the right to change prices or institute new charges for use of the Service at any time by posting changes on the Website and by providing 30 days notice in respect of existing Customers.
7.5 If the payment is not received as required by the terms of the Agreement, or in the event of a missed payment EFD reserves the right to charge an admin fee (as stated on the Website) payable by the Customer prior to delivery of Products.
7.6 EFD will not be liable for any bank charges incurred by the Customer as a result of any missed payments.
7.7 In the event payment has not been received, EFD reserves the right to pass your Customer Agreement to a reputable debt recovery agency and You shall reimburse us on demand for all costs, expenses and losses associated therewith (including lost profit) or enter the small claims process to recover payments due if necessary.
8. Payment of Service Charges
8.1. Prices include VAT which shall be added and charged at the prevailing rate. We accept payment in British pounds sterling only.
8.2 The Agreement is be based upon the Customer paying in full the initial payment in advance of our acceptance of the Customer’s Order, prior to the Service commencing through our Debit and Credit Card Services.
8.3 You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your Order and we will not be liable for any delay or non-delivery and we are not obliged to inform You of the reason for the refusal. We are not responsible for your card issuer or bank charging You as a result of our processing of your credit/debit card payment in accordance with your Order Confirmation.
8.4 The Customer will be provided with the invoice via a link by email along with the Order Confirmation or via the Postal Option. In the event the Customer requires a paper bill, EFD will charge a fixed fee of £5.00 for this Service.
8.5 The Customer shall not be entitled by reason of any set-off, counter-claim, abatement, or other deduction to withhold payment of any amount due to EFD. All payments made are non-refundable.
9. Third Party Websites
9.1 The Website contains links to websites operated by parties other than EFD. Such links are provided for the User's convenience only. EFD does not control such websites, and is not responsible for their content. EFD’s inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third party websites, and also the value and integrity of any Products and services offered by such websites.
9.2 You may only link to this Website with Our express written permission. We expressly reserve the right to withdraw our consent at any time to a link which in our sole opinion is inappropriate or controversial.
10. Cancellation (Consumer Purchases)
10.1 Because You are purchasing as a consumer, You may cancel your Order with us at any time up to the end of the fourteenth working day after the Products are received, or in the event that no products have been ordered, 14 days from receipt of the Order Confirmation. You do not need to give us any reason for cancelling your Order nor will You have to pay any penalty.
10.2 The Product must be unused, in its original packing and in a saleable condition.
10.3 To cancel your Order, please provide us with written notice using by post to EFD Ltd, Traprain Cottage , 7 Traprain, Haddington, East Lothian, EH41 4PY. or emailing [email protected] in each case within the statutory cooling-off period and giving details of the items ordered, and (where appropriate) their delivery date.
10.4 If You have received the Products before You cancel your Order then You must send the Products back to our contact address at your own cost within 14 days of notifying us of your cancellation. Where You fail to return the Product to us, we shall be entitled to charge You for the reasonable costs of collecting the Product from You. We reserve the right to deduct such costs from any refund due to You.
10.5 Once You have notified us that You are cancelling your Order, 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 14 days of your Order, provided that the Products in question are returned by You and received by us in a reasonable condition. If You do not return the Products delivered to You or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Products from the amount to be re-credited to You.
11. Cancellation by Us
11.1 EFD shall be entitled to suspend the Service in accordance with clause 6.5.
11.2 Without prejudice to any other rights to which it may be entitled, EFD may terminate provision or use of the Service respectively with immediate effect if the Customer commits any material breach of any of the terms of this Agreement.
11.3 EFD will not tolerate Users being rude or offensive or otherwise abusing the ‘EFD ’ Service in any way including our employees and reserves the right to terminate the Service with immediate effect as a result of such behaviour (at EFD's discretion).
11.4 EFD may also cancel if there is an issue with regard to the availability of stock or where a Product line has been discontinued.
12.1 Completed Orders will be sent to the delivery address that You have given on your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes.
12.2 By choosing the 3rd party delivery option on the Website. The Customer can have the Products delivered to a 3rd party. The Customer accepts responsibility for the delivery and has gained permission from the 3rd party prior to choosing this option on the Website.
12.3 EFD's times of delivery will be agreed with the Customer following our acceptance of the Order.
12.4 EFD shall bear all risk in respect of consignments until delivered to the Customer. Once a Completed Order has been delivered by us, all risk of damage to, or loss of, the products shall pass to You.
12.5 We reserve the right to use 3rd party companies to deliver Products.
12.6 Delivery dates are approximate only and not an essential term of the Agreement EFD shall have no liability in respect of delay in delivery to the Customer.
12.7 Notification of damage, delay or loss of Products in transit or of non-delivery must be given in writing to EFD and the carrier within seven clear days of delivery (or, in the case of non-delivery, within fourteen days of notification of despatch of the Products) and any claim in respect thereof must be made in writing to EFD and the carrier within seven clear days of delivery (or in the case of non-delivery, within fourteen days of notification of despatch). All other claims must be made in writing to EFD within fourteen days of delivery. EFD shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as possible.
12.8 Should EFD a) not receive delivery instructions or b) be unable through no fault of EFD to effect delivery within fourteen days after notification to the Customer that items are ready for despatch, the Customer shall take delivery or arrange for storage. Should the Customer fail to take delivery or arrange for storage, we shall be entitled to arrange storage either at our own works or elsewhere on your behalf and all charges for storage, for insurance or for demurrage shall be payable by You.
13.1 Should the Customer require a change in the nature, scope or timing of the Service or in or any other aspect of this Agreement, such change shall be requested in writing. EFD shall advise the Customer of the effects including any increase in the Service charges which may result and the Agreement shall be modified to reflect such changes including to the Service charge and/or duration which may be agreed.
14. Returns and Inspection
14.1 We do not offer refunds except in the case of EFD being at fault resulting in delivery of an incorrect Product or the Product delivered in a damaged or faulty condition.
14.2 It is the Customer’s responsibility to inspect and check the received Products or part thereof as soon as reasonably practicable after delivery and in any event, not more than seven (7) days after delivery to ensure that the Products conform to the confirmed Order. In circumstances where You consider that the received Products do not conform with the confirmed Order, it is the responsibility of the Customer to return the Products to EFD in their original packaging, all carriage and transport costs being payable by You.
14.3 EFD shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the Customer proves (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as possible.
14.4 As a consumer You have a right to reject any Product You receive within a period of 30 days from receipt. If a Product is faulty, we may offer a repair, exchange or refund as appropriate in accordance with your consumer rights. If You require more information on this, please contact us by email at [email protected] or call us on 01620 860058.
14.5 Within seven (7) days from receipt of any returned Products, EFD will conduct a quality inspection and test of the Product (s) and if corrective action is required, will replace or refund the products at the Customer’s election and where we will then re-issue the Products in question and forward it to You at no extra cost. Where a refund is due we will refund any monies to You within a maximum of 14 days of our receipt of the returned Product(s).
14.6 Due to the nature of EFD‘s Services, the Customer must provide photographic evidence regarding the return of damaged products.
15. Disclaimer and Limitation of Liability
15.1 The Customer uses the Service at its own risk and in no event shall EFD be liable to the Customer for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from EFD’ s negligence) including, but not limited to, loss of profits, loss of contracts, change in Customer s business circumstances, business interruptions, loss of money, the Customer s identity theft , brand damage, loss of or corruption of data or the Customer's inability to use the Service, however caused and whether arising under contract or tort, including negligence or otherwise except as expressly provided herein.
15.2 If any exclusion, disclaimer or other provision contained in this Agreement is held to be invalid for any reason by a court of competent jurisdiction and EFD becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence but specifically excluding personal injury or death resulting from EFD’ s negligence) or otherwise, will not exceed the total charges paid by the Customer in the one month preceding such liability arising.
15.3 The Customer must make every effort to secure their username, passwords and key phrase details and should not under any circumstance disclose their username and password and key phrase details to a 3rd party or by an email request. EFD, nor its directors, employees or representatives will be liable for damages arising out of or in connection with the use of this Website or information, content, materials or products included on this Website. This is a comprehensive limitation of liability that applies to all damages of any kind.
15.4 It is the Customers responsibility to maintain update browser, firewall or anti-virus and anti-spyware software. The Customer must protect their Computer and ensure they update all security software by downloading the latest security patches from relevant software provider.
15.5 EFD will endeavour to provide services as described on the Website but cannot guarantee 100% uptime.
15.6 EFD is not responsible for the performance of the Product due to the Customers use or mis-use of the Product or failure to install the Product correctly.
15.7 EFD cannot provide any On Site Support to the Customer. The Customer is solely responsible for assessing the suitability of the Product and the installation of the Product.
15.8 During the Customers use of the Product or following delivery of the Product, should the Product suffer damage, the incident should be treated as an insurance issue and not the responsibility of EFD.
16.1 With the exception of products identified in clause 16.2 below, all Products supplied by EFD includes a 30 day warranty (excluding greases or perishable products which are not guaranteed) which commences on the day on which the Product is delivered. Such warranty shall be invalidated if You or a third party tamper with or work on the Products in any way or if:
16.1.1 the Customer has failed to communicate to EFD any change in installation arrangements that may affect the Product.
16.1.2 any maintenance requirements relating to the Product has not been complied with;
16.1.3 any instructions as to maintenance or care of the Product have not been complied with in all respects including water damage and mistreatment; EFD being the sole arbiter of this issue.
16.2 EFD also supplies Products with a variety of warranty periods including;
16.2.1 all Energiser Products have up to a 60 month warranty (product specific);
220.127.116.11 Energiser component faults can be replaced within 14 days.
16.2.2 the following tapes and rope Products have a 7 year warranty period: product code PR40-250, PR40G-250 which is white and green 40mm Professional Tape and PR7-200 which is white Professional. All warranties are subject to these terms and conditions and our inspection process as outlined in Clauses 14.
16.3 For the avoidance of doubt we shall not be responsible nor liable for any compatibility issues relating to any Products not supplied by us where we were not consulted or where we were consulted but our advice was not heeded and acted upon.
16.4 Products not supplied by EFD are not covered by our customer service.
16.5 In the event that the Products are not performing to the manufacturers guaranteed specifications, the product will be inspected and the issue referred to the manufacturer subject to the manufacturer’s terms and conditions. However we will replace the Product within a 14 day period.
16.6 The inspection of the Products is free of charge to the Customer if any fault lies with EFD. However should the inspection reveal that any Product is changed or altered in any way, the Customer is due to pay the cost of the inspection plus any cost required to amend the issue.
16.7 Following delivery of the Product and the initial payment having been made to EFD, should the Product subsequently either suffer damage or require repair not covered by the Warranty or by the technical support service, the Customer will be liable for all associated costs.
17. Force Majeure
17.1 EFD shall not be liable to the Customer or be deemed to be in breach of the Agreement by reason of delay in performing, or any failure to perform, any of our obligations in relation to the Service, if the delay or failure was beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control: act of god, explosion, flood, tempest, fire or accident; weather, war or threat of war, sabotage, pandemic flu or virus, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions, power cuts or trade disputes (whether involving our employees or of a 3rd party); or difficulties in obtaining the System, labour, fuel, parts or machinery.
17.2 EFD cannot be held responsible or deemed in breach of this agreement in any way for 3rd party delays, technical faults, including delivery failures affecting our performance.
18. Statutory Information
This website is owned and operated by:
Francis Campbell Ltd t/a Electric Fencing Direct.
Registered office at:
Email: [email protected]
20.1 EFD Ltd shall be entitled to assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part. The Customer may not assign or transfer any of your rights or obligations without our written consent.
21.1 These terms and conditions contain all the terms of your agreement with us relating to your use of this Website. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. Your use of this Website, any downloaded material from it, this Agreement and the operation of these terms and conditions shall be governed by, construed and interpreted in accordance with the laws of Scotland and the Customer agree to submit to the non-exclusive jurisdiction of the Scottish courts.
22.1 Failure or delay by EFD in enforcing any term of the Agreement shall not be construed as a waiver of any of its rights under it.
22.2 The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.
The Copyright is owned by Create Ts and Cs, www.createtsandcs.com. All content and materials is the sole property of the Create Ts and Cs. Create Ts and Cs, hereby grants Francis Campbell Ltd a nonexclusive, non-transferable license to use and display, Create Ts and Cs-own both the content and materials solely in connection with the Work.