Privacy Policy

This page (together with the documents referred to on it) tells the Buyer the terms and conditions on which the Seller will supply any of the Products listed on the website (the site) to the Buyer. Please read these terms and conditions carefully and make sure that they are understood before ordering any Products from the site. By ordering any of the Products, the Buyer agrees to be bound by these Terms and Conditions.

A copy of these Terms and Conditions should be printed and retained for future reference.

If the Terms and Conditions are not accepted, the Buyer will not be able to order any Products from the site.


1.1 “Buyer” means the person (including an individual, partnership or unincorporated association) or company placing the Order.

1.2 “Contract” means the contract incorporating the Terms and Conditions between the Seller and the Buyer for the sale and purchase of Products and/or the supply of Services.

1.3 “Dispatch Confirmation” means an email sent by the seller to the Buyer confirming that the Product has been dispatched.

1.4 “Order Acknowledgement” means an email sent by the seller to the Buyer acknowledging receipt of the Buyers Order.

1.5 “Order” means an order placed through the site by the Buyer to buy Products and/or Services form the Seller on the Terms and Conditions.

1.6 “Price” means the price of Products and/or Services and any other charges specified by the Seller pursuant to the Order excluding carriage, packaging, insurance and VAT.

1.7 “Products” means all or any products or goods supplied by the Seller to the Buyer pursuant to the Order.

1.8 “Seller” means James FCS t/a Farm & Country Supplies an unlimited company registered in England and Wales under company number 07178708 and whose registered office is at Wey Court West, Union Road, Farnham, Surrey, GU9 7PT.

1.9 “Services” means only those services which the Seller may be required to supply.

1.10 “Supply” means the supply of Products and/or the provision of Services pursuant to the Order.

1.11 “Terms and Conditions” means these terms and conditions.


2.1 The Seller operates the Site.

2.2 The Sellers main trading address is at The Old Dairy, Selborne Road, Alton, Hampshire, GU34 3HL.

2.3 The Sellers VAT number is 730 0486 655.


3.1 The Seller does not accept orders from addresses outside the UK.

3.2 Orders will only be accepted via the site if placed by a registered user of the site.


4.1 By placing an order through the Site the Buyer warrants that it is:

(a) legally capable of entering into binding contracts

(b) in the case of an individual, at least 18 years old;

(c) resident or have their main site of trade in the UK; and

(d) accessing the Site from the UK.

4.2 The Buyer must ensure that:

(a) it reads and understands all instructions supplied with Products by the manufacture; and

(b) the Products, including but not limited to bird scaring bangers or rockets, are used in accordance with the manufacturer’s instructions and only for their intended purpose at all times.


5.1 All Orders for Products shall be deemed to be an offer by the Buyer to purchase the Products pursuant to these Terms and Conditions.

5.2 These Terms and Conditions shall apply to the Contract and any offer order acceptance sale and/or delivery or any conduct in confirmation of any transaction will be subject to these Terms and Conditions which are the only basis upon which the Seller does business and shall prevail notwithstanding any printed or other conditions referred to in any purchase order confirmation acceptance delivery note or any other document prepared by or on behalf of the Buyer.

5.3 The Seller’s catalogue price list and other advertising matter shall not form part of the Contract between the Buyer and Seller.

5.4 No other agreement representation promise undertaking or understanding of any kind unless expressly confirmed in writing by a director or the company secretary of the Seller shall add to vary or waive any of these Terms and Conditions. Employees or agents of the Seller do not have the authority to add to vary or waive any of these Terms and Conditions in whole or in part.

5.5 Any variation to these Terms and Conditions (including any special terms agreed between the Buyer and Seller shall be inapplicable unless agreed in writing by the Seller.

5.6 After placing an order, the Buyer will receive an Order Acknowledgement. This does not mean that the Order has been accepted. The Order constitutes an offer to buy a Product. All Orders are subject to acceptance by the Seller. The Seller will confirm acceptance to the Buyer by sending the Buyer a Dispatch Confirmation. The Contract will only be formed when the Dispatch Confirmation has been sent.

5.7 The Contract will relate only to those Products whose dispatch has been confirmed in the Dispatch Confirmation. The Seller will not be obliged to supply any other Products which may have been part of the Order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.


6.1 The Seller shall be entitled to:

(a) withdraw or cancel any quotation at any time without liability in respect of such withdrawal or cancellation for any loss to the Buyer including consequential loss howsoever arising; and/or

(b) refuse or delay the Supply if, at the absolute discretion of the Seller, the Seller believes that the Buyer’s conduct of its account with the Seller is unsatisfactory; and/or

(c) modify designs of or specifications for Products without prior notification to the Buyer and to withdraw Products replacing them with products with the equivalent or similar specification or design.


7.1 If the Buyer is contracting as a consumer, the Buyer may cancel a Contract at any time within seven working days, beginning on the day after the Buyer received the Products. In this case, the Buyer will receive a full refund of the price paid for the Products in accordance with the Sellers refunds policy (set out in clause 13 below).

7.2 To cancel a Contract, the Buyer must inform the Seller in writing. The Buyer must also return the Products to the Seller as soon as reasonably practicable, and at the Buyers own cost. The Buyer has a legal obligation to take reasonable care of the Products while they are in the Buyers possession. If the Buyer fails to comply with this obligation, the Seller may have a right of action against the Buyer for compensation.

7.3 The Buyer will not have any right to cancel a Contract for the Supply of any Products which are:

(a) made to the Buyers specification;

(b) are personalised;

(c) are liable to deteriorate or expire rapidly; or

(d) by their nature cannot be returning, including but not limited to reasons of hygiene.

7.4 Details of the Buyers statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect the Buyers other statutory rights as a consumer.


8.1 Save in the case of a Contract with a consumer which shall be governed by clause 7 above, a Contract cannot be cancelled except with the Seller’s consent and on terms which will indemnify the Seller against all loss.

8.2 The Seller may apply a cancellation fee of 20% of the Order value to any cancellation made under t his clause 8 at its absolute discretion.

8.3 The Buyer has no right to cancel any Order once it has been accepted by the Seller.


9.1 Orders placed upon a quotation are subject to confirmation by the Seller that the Seller accepts the Order.


(a) The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.

10.2 Prices for the Products set out on the site are inclusive of VAT where applicable. Prices for the Products do not include, unless otherwise specified:

(a) insurance;

(b) the cost of effecting delivery in accordance with these Terms and Conditions; or

(c) any special packaging or alteration to the Order required by the Buyer or installation by the Seller.

10.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

10.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.

10.5 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.

10.6 No claim or counterclaim or set-off whatsoever shall justify the Buyer withholding payment.

10.7 The Seller shall be entitled to interest on invoice sums outstanding from the payment due date of each invoice at the rate of 8% over Bank of England base rate each month or part of a month from the due date of the invoice to the date payment is received by the Seller or at the Court rate applicable at the time payment became due, whichever the higher.

10.8 Failure by the Buyer to pay the Seller’s invoices in accordance with the provisions of this clause 6 shall entitle the Seller without prejudice to its right to damages or any other rights to suspend any outstanding deliveries or to cancel the Contract.

10.9 The Seller may at their discretion request at the time the order is placed by the Buyer a deposit. If a deposit is taken the deposit may be offset against the final amount owed. If the Buyer does not proceed with the purchase of the goods, the Seller may refund the deposit at their discretion.

10.10 Payment for all Products must be by credit or debit card. We accept payment with the following cards; VISA credit, VISA premium, VISA business, VISA debit, Electron, MasterCard credit, MasterCard debit or MasterCard business. Payments will be made via PayPal and will be subject to any applicable terms and conditions of PayPal. We will not charge your credit or debit card until we dispatch your order.

10.11 For the avoidance of doubt, time shall be of the essence of these Terms and Conditions.


11.1 Products will only be delivered to addresses in the UK.

11.2 Any times quoted for delivery are estimates given in good faith only and time shall not be of the essence of any Contract. The Seller will use its reasonable endeavours to deliver the Products in accordance with the times specified but failure to comply with such specific time shall not constitute a breach of the Contract.

11.3 Unless otherwise agreed in writing the Seller shall be entitled to make partial deliveries by instalments and the Terms and Conditions shall apply to each partial delivery.

11.4 The risk in the Products passes to the Buyer on delivery of the Products to the Buyer by the Seller (or its nominated carrier) but where the Buyer nominates a carrier other than the Seller to deliver the Products the risk shall pass to the Buyer when the Products leave the Seller’s premises.

11.5 Where the Buyer notifies the Seller that it is unable to take delivery of the Products in accordance with the time stated in the Order acceptance or within seven days of the Seller giving notice to the Buyer that the Products are ready for despatch the Seller shall endeavour to store the Products at the Buyer’s expense and the Buyer shall reimburse the Seller without delay all reasonable costs and storage charges incurred by the Seller until the time of delivery.

11.6 Where the Products are to be delivered by instalments or against call-off and the Buyer either fails to accept delivery when due or in the case of call-offs fails to accept outstanding deliveries within one month of the date of the Order acceptance or defaults in making any payment when due then the Seller may cancel any or all subsequent deliveries and the Buyer shall compensate the Seller in full for any loss or expense arising from such cancellation and notwithstanding the Seller’s duty to mitigate its loss shall compensate the Seller in full for the loss of the Price and any other costs reasonably incurred in respect of the Products ordered but not delivered.

11.7 The Buyer shall examine the Products immediately upon delivery and notify the Seller in writing within two (2) working days of delivery of any damage or short delivery of the Products specified in the Order. If such notification is not received by the Seller within the specified time period then the Products shall be deemed accepted by the Buyer. Claims submitted after this time cannot be considered.

11.8 The Buyer warrants that their premises for delivery of the products by the Seller is safe and satisfactory under Health and Safety Regulations or any other applicable laws as poses no immediate danger to the Sellers or their employees. The Buyer shall notify the Seller of any concerns over site deliveries and the Seller at his discretion ay refuse to deliver the products. In the event the Seller or his employees cannot deliver the products to the Buyer, the Seller may contact the Buyer to explain the circumstances of non-delivery but shall not be liable for any further costs to the Buyer whatsoever for non-delivery or late delivery of the products.


12.1 If the Buyer returns a Product to the Seller:

(a) because the Buyer has cancelled the Contract within the seven-day cooling-off period (see clause 7.1 above), the Seller will process the refund due to the Buyer as soon as possible and, in any case, within 30 days of the day on which the Buyer gave the Seller notice of cancellation, such notice to be given in writing. In this case, the Seller will refund the price of the Product in full, and any applicable delivery charges. However, the Buyer will be responsible for the insurance and the cost of returning the item to the Seller.

(b) for any other reason (for instance, because the Buyer has notified the Seller that it does not agree to a change in these terms and conditions or in any of the Sellers policies, or because the Buyer considers that the Product is defective), the Seller will examine the returned Product and will notify the Buyer of the Buyers refund via e-mail within a reasonable period of time. The Seller will usually process the refund due to the Buyer as soon as possible and, in any case, within 30 days of the day the Seller confirmed to the Buyer via e-mail that the Buyer were entitled to a refund. The Seller will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs the Buyer incurred in returning the item to the Seller.

12.2 The Seller will usually refund any money received from the Buyer using the same method originally used by the Buyer to pay for the Buyers purchase.


13.1 The Products will be the Buyers responsibility from the time of delivery including (but without limitation) maintaining adequate insurance thereof and the Buyer shall not dispose of (whether by sale or otherwise) the Products or any part of them to any other party whatsoever.

13.2 Ownership of the Products will only pass to the Buyer when the Seller receives full payment of all sums due in respect of the Products, including delivery charges.

13.3 So long as the property in the Products remains with the Seller the Seller shall have the right (without prejudice to the obligation of the Buyer to purchase the Products) to re-take possession of the Products and for that purpose to go upon any premises occupied by the Buyer.

13.4 If any of the events referred to in clause 13.5 shall occur then notice thereof shall be given immediately to the Seller by the Buyer and all Products which are the property of the Seller pursuant to the provisions of this clause 13 and are in the possession of the Buyer shall be delivered up immediately to the Seller upon request. Without prejudice to the Buyer’s duty to deliver the Products to the Seller as aforesaid or any other rights of the Seller the Seller upon receiving notice from any source of the occurrence of any of the events shall have the right during normal business hours to enter upon any premises of the Buyer to take possession of the Seller’s Products.

13.5 The events referred to in Clause 13.4 of these Terms and Conditions are:

(a) Any notice or order to the Buyer that a liquidator administrative receiver, administrator, trustee or manager or other similar officer is to be or has been appointed.

(b) Any notice to the Buyer that a petition to wind-up the Buyer is to be or has been presented or any notice of a resolution to wind-up the Buyer (save for the purposes of a reconstruction or amalgamation).

(c) A decision by the Buyer that the Buyer intends to make an arrangement with its creditors or the Buyer ceases to carry on its business.

(d) Any act of bankruptcy by the Buyer as defined by section 1 of the Bankruptcy Act 1914 or the Buyer is deemed unable to pay its debts for the purposes of section 123 of the Insolvency Act 1986.

(e) The Buyer breaches any of the Terms and Condition of the Contract.


14.1 The Seller shall have a general as well as a particular lien on all Products materials or any other property of the Buyer which shall be in the possession of the Seller in respect of any Seller’s invoices which are unpaid by the Buyer (whether or not in relation to the Products materials or other property of the Buyer).


15.1 The Seller does not manufacture the Products and subject to the conditions set out below the Seller sells the Products with the benefit of the manufacturers warranty and all warranties conditions or other terms as to description merchantable quality satisfactory quality fitness for purpose or otherwise implied by common law or statute are hereby excluded to the fullest extent permitted by law.

15.2 The Seller will use its reasonable endeavours to ensure that the Buyer receives the benefit of any guarantee or warranty which may have been given to the Seller by the manufacturer or third party on production of a receipt confirming purchase of the Products from the Seller.

15.3 The Buyer is responsible for instructing itself on the terms of any relevant guarantee or warranty and ensuring that any terms and/or conditions thereof are fully complied with.

15.4 In cases where no guarantee or warranty is offered by the manufacturer or supplier or any act or omission of the Seller has invalidated such guarantee or warranty if the Buyer shall notify the Seller in writing within two (2) working days from the date of delivery that the Products supplied by the Seller are defective the Seller will replace or repair or raise a credit note at its discretion in respect of all or any Products proved to the Seller’s satisfaction to be defective provided that the Products shall be delivered to the Seller’s premises or such other premises as the Seller shall direct at the Buyer’s expense, on production of a receipt confirming purchase of the Products from the Seller.

15.5 The Buyer must ensure that the Products are serviced maintained and used properly and in accordance with the Seller’s and manufacturers recommendations and instructions (and any guarantee or warranty) and are not fitted or used with any parts accessories or ancillary equipment other than those stated by the Seller in writing to be suitable.

15.6 No attempt must be made by the Buyer or any third party to remedy any defect or to dismantle or otherwise tamper in any way with the Products except in accordance with specific instructions directions and/or requests of the Seller evidenced in writing.

15.7 If any Products are considered defective or damaged by the Buyer and such alleged defect or damage has been notified to the Seller by the Buyer in accordance with the provisions of these Terms and Conditions the Buyer must notify the Seller in writing detailing the defect or damage to the product (“the Notice”) before returning any Products to the Seller.

15.8 The Seller reserves the right to refuse to accept return delivery of Products that it has not received prior notice of in writing in accordance with these Terms and Conditions.

15.9 All Products are returned at the Buyer’s own risk and expense and must be returned in the proper complete and original packaging. The Seller reserves the right to refuse to accept any Products not returned in the proper complete and original packaging.

15.10 The manufacturer or manufacturers warranty agents decision on any guarantee or warranty issue is final and the Seller is not liable for the provision of any further guarantee or warranty.

15.11 The provision of the Notice is to identify return delivery of Products authorised by the Seller only and the Seller does not accept and indeed specifically precludes that this is admission of any liability on the part of the Seller or acceptance by the Seller that Products so returned are damaged or defective. The Seller reserves the right to inspect any Products so returned to ascertain at its own absolute discretion whether Products so returned are damaged and/or defective.

15.12 The Notice applies to the Products that are alleged damaged or defective only and the Seller accepts no liability whatsoever for peripheral or ancillary items included in the return delivery. All Products returned must be accompanied by a schedule listing all of the Products forming part of the return delivery. The Seller does not accept the return delivery of any Products until the validity of the schedule is confirmed to the Buyer by the Seller in writing and all Products set out in the said schedule are received at the Sellers premises.

15.13 If the Products fail during the period of any manufacturers guarantee or warranty the Seller shall forward the Products to the manufacturer or their appointed warranty agent for repair or replacement at the manufacturers discretion and any such repaired or replaced Products shall be delivered to the Buyer at the expense of the Seller or the manufacturer or the manufacturers warranty agent PROVIDED always that this expense shall only be met by the Seller if Products are to be delivered to the Buyer within the UK mainland.

15.14 If the Products are considered by the Buyer to be defective outside the period of the manufacturers guarantee or warranty the Seller or manufacturer or manufacturers warranty agent will advise the Buyer of the costs relating to any repair deemed necessary by the manufacturer the manufacturer’s warranty agent or the Seller. Any such repair made will be deemed as a new order and as such will be an Order in accordance with these Terms and Conditions.

15.15 If returned Products are deemed as “no fault found” by the Seller or the manufacturer or manufacturers warranty agent the Buyer accepts that labour will be charged at the prevailing rate per hour or part thereof for investigation and shall be at the Buyer’s expense together with the cost of return delivery.

15.16 The Seller shall not save as may be required by law make any refund of the Price to the Buyer under any circumstances and may at the Seller’s discretion absolutely repair replace or raise a credit note in respect of Products returned in accordance with these Terms and Conditions.


16.1 Save as aforesaid and subject to section 6 of the Unfair Contract Terms Act 1977 (and any subsequent amendments thereto) and with the exception of those terms and conditions implied by section 12 of the Sale of Goods Act 1979 (and any subsequent amendments thereto) all conditions and warranties whether express or implied by statute or common law and whether oral or written are (unless specifically confirmed by the Seller in writing) excluded and negated from the Contract.

16.2 With the exception of any liability on the Seller’s part in respect of death or personal injury resulting from the Seller’s negligence the Seller’s liability shall not in any event exceed the Price of the Products in respect of which a claim is made nor include any consequential loss or damages howsoever arising provided always that this clause 16.2 shall not apply to the extent that the Buyer gives the Seller specific notice in writing of risks which the Buyer requires to be covered by insurance and pays to the Seller the amount of the insurance premium (to be determined by the Seller) required for such cover.

16.3 In cases where the Seller is asked to recommend Products to meet the Buyers requirements the Seller does not warrant that purchase of the Products will satisfy the Buyer’s requirements. All recommendations of Products by the Seller are estimates only and the Seller accepts no responsibility or liability if any Products supplied fail to meet the Buyer’s requirements or to achieve any particular level or performance.

16.4 The Seller and the Buyer each acknowledge that, in entering into a Contract, neither of them relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

16.5 Each of the Seller and the Buyer agree that the Sellers only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

16.6 Nothing in this clause limits or excludes any liability for fraud.


17.1 The Seller shall be under no liability for any delay or failure of the Products to perform in the event that the manufacture supply or delivery of the Products is prevented or delayed by any act omission or circumstances beyond the Seller’s reasonable control including but not limited to act of God, legislation, war, civil disturbance, flood, fire, drought, failure of power supply, lock-out strike or any action taken by employees in contemplation of furtherance of a trade dispute or owing to any inability to procure materials or products required for the performance of the Contract.


18.1 Any indulgence granted by the Seller to the Buyer and/or any failure by the Seller to insist upon strict performance of any of these Terms and Conditions shall not be deemed a waiver of any of the Seller’s rights or remedies as set out in the Terms and Conditions nor shall it be deemed a waiver of any subsequent default by the Buyer.

18.2 The invalidity in whole or in part of any clause in these Terms and Conditions shall not affect the validity of the remainder of such clause or these Terms and Conditions.


19.1 No Contract is assignable by the Buyer without the prior written consent of the Seller and is between the Seller and the Buyer as principals.

19.2 The Seller reserves the right without the consent of the Buyer to assign or subcontract all or any of its rights and/or obligations set out in the Terms and Conditions.


21.1 If any of the events set out in clause 13.4 of these Terms and Conditions shall occur the Seller may forthwith terminate the Contract without incurring liability to the Buyer and without prejudice to the Seller’s rights which may have accrued up to the date of termination.


22.1 The interpretation and application of the Contract shall be in accordance with the English Law and the Buyer and the Seller hereby agree to submit to the exclusive jurisdiction of the English Courts.


22.1 Headings to clauses in these Terms and Conditions are included for the purpose of ease of reference only and shall not have any effect on the construction and interpretation of the Terms and Conditions.

22.2 In these Terms and Conditions words expressed in the singular shall where the context so permits include the plural and vice versa.

22.3 In these Terms and Conditions words expressed in any gender shall where the context so permits or requires include any other gender.


24.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

24.2 Any notice or document to be given in accordance with these Terms and Conditions shall be given by sending the same in a pre-paid recorded/registered letter or by cable or telex or telefax transmission to the address of the relevant party as set out in the Contract or to such other address as such party may have notified to the other for the purposes thereof. Any notices sent by post shall be deemed (in the absence of evidence of earlier receipt) to have been delivered three (3) working days after despatch and in proving the fact of despatch it shall be sufficient to show that the envelope containing such notice was properly addressed stamped and posted. Any notice sent by telex telefax or cable shall be deemed to have been delivered on the next working day following its despatch.


25.1 These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between the Seller and the Buyer and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between the Seller and the Buyer relating to the subject matter of the Contract.


26.1 The Seller has the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting the Sellers business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in the Sellers system’s capabilities.

26.2 The Buyer will be subject to the policies and terms and conditions in force at the time that the Buyer orders products from the Seller, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by the Buyer), or if the Seller notifies the Buyer of the change to those policies or these Terms and Conditions before the Seller sends the Buyer the Dispatch Confirmation (in which case the Seller has the right to assume that the Buyer has accepted the change to the Terms and Conditions, unless the Buyer notifies the Seller to the contrary within seven working days of receipt by the Buyer of the Products).


27.1 Save as expressly provided in clause 19, a person or body corporate who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.