1. SALE TERMS & CONDITIONS Mail Order/Consumer INTERPRETATION
1.1 The following definitions apply in these Conditions:
Buyer/You/Your: the person, firm or company who purchases the Goods from the Company.
Company/ Our/Us/We/: Eastbourne District Scout Council (Bushy Wood / TreeTops)
Consumer: a Buyer who is not purchasing Goods for the purposes of a business.
Contract: any contract between the Company and the Buyer for the sale and purchase of the Goods, as formed in accordance with Condition 2.
Day: any day between Monday to Friday (inclusive) except a day which is a statutory holiday in England.
Goods: any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).
Special Order: a Contract which involves the supply of Goods which either (a) the Company does not generally hold in stock, or (b) will be made or altered to the Buyer’s specification (including the addition of a logo, or initials or other identity) etc.
Written or in writing shall include transmissions by email and /or facsimile transmissions unless the Company specifies otherwise.
1.2 Words in the singular include the plural and in the plural include the singular.
1.3 Headings do not affect the interpretation of these Conditions.
2. APPLICATION OF TERMS
2.1 In order to provide you, with a consistent and high quality service we must ask you to accept these terms and conditions in their entirety. By placing an order you confirm you have read and accept the terms and conditions. Subject to any variation under Condition 2.3 these terms and conditions supersede all others. Should you not wish to accept these terms we would ask you not to proceed with an Order.
2.2 You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out in the Contract. Nothing in this condition shall exclude or limit our liability for fraudulent misrepresentation.
2.3 These Conditions apply to all our sales, whether by mail order, telephone or our website, and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a Director of the Company.
2.4 Each Order or acceptance of a quotation for Goods by You to Us shall be deemed to be an offer by the Buyer to buy Goods subject to these Conditions.
2.5 Any quotation is given on the basis that no Contract shall come into existence until we confirm the acceptance of order to you. We will hold the quotation for you for a period of 20 days from its date, provided that the we have not previously withdrawn it.
2.6 In the case of Special Orders, We may accept an order for certain bespoke or individualised items. Please be advised that in these cases additional terms and conditions will apply. We will not create a contract until you have been advised of these in our quotation.
3. DESCRIPTION AND SPECIFICATION
3.1 The quantity and description of the Goods shall be as set out in our quotation or acknowledgement of order. Where Goods ordered are not in stock, you will be advised. And these items will be provided as soon as they are available. Where the items are no longer available we shall have the right to provide alternative Goods, of equivalent quality and value. If you do not notify the Company within 14 days from the day after you receive the Goods, that the alternative Goods are not acceptable, the alternative goods shall be or form part of the Goods for the purposes of the Contract.
3.2 All samples, drawings, descriptive matter, specifications and advertising issued by us and any descriptions or illustrations contained in our catalogues, brochures or website are for the sole purpose of giving an approximate idea of the Goods described in them.
3.3 In the case of Special Orders, You shall: (a) ensure that all requirements are specified fully, correctly and clearly; and (b) provide the Us with such consents or confirmation regarding the use of logos or designs as We may request; and (c) accept all responsibility for any errors or omissions with Your specifications.
4.1 Unless otherwise agreed, by us, delivery of the Goods shall be made to the address for delivery as stated in the Order. Delivery shall be, in our opinion, by such method as appropriate for the Goods ordered.
4.2 Goods will normally be delivered within 5 working days, from the day after we receive your order, in mainland UK. Additional timescales may apply to Special Orders. For orders sent overseas, (including the Channel Islands and British Forces) we will use a carrier appropriate to the type of order. In these instances timescales for delivery may be affected. We shall endeavour to deliver the Goods within 30 days after we accept an Order, unless otherwise agreed or in the case of a Special Order. Any dates specified by us for delivery of the Goods are intended to be an estimate, and we will not be liable for any delay in delivery, and you will not be entitled to terminate or rescind the Contract unless such delay exceeds 120 days.
4.3 If You are not available at the time of delivery to receive the Goods and You have given Us special instructions for this eventuality, we shall endeavour to follow those instructions, but if this is not possible (or if You have not given us such instructions) we shall be entitled to deliver the Goods by leaving them with a neighbour or at the rear of Your property. Delivery shall be completed if we deliver in accordance with this Clause 4.3.
4.4 We may deliver the Goods by separate instalments. Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle you to dispute or cancel any other Contract or instalment.
5.1 The quantity shown on the despatch note will be considered proof of the quantity received by you, unless you can provide evidence proving the contrary.
5.2 We shall not be liable for any non-delivery of Goods (even if caused by our negligence) unless You give written notice to Us of the non-delivery within 3 days of the date when the Goods would in the ordinary course of events have been received.
5.3 Any liability by us for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the Contract rate against any invoice raised for such Goods.
6.1 The Goods are at your risk, from when they are delivered either to you or in accordance to your delivery instructions. I.E. left with someone appointed by you to accept them.
6.2 Ownership of the Goods shall not pass to you until we have received in full (in cash or cleared funds) all sums due to it in respect of: (a) The Goods; and (b) all other sums which are or which will become due to us from you on any account.
7.1 The price for the Goods shall be the price set out in our price list or website, if ordering online, on the date on which the Order is placed. Unless otherwise agreed such as in a Special order or bespoke quotation.
7.2 The prices for the Goods are Inclusive of VAT (where applicable).
8.1 Payment is only accepted in pounds sterling and is due at the time of the Order. Unfortunately, we will be unable to fulfil Your Order until funds are cleared.
8.2 You shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless You have a valid court order requiring an amount equal to such deduction to be paid by Us to You.
9. QUALITY AND RETURNS
9.1 Under the Consumer Contract Regulations 2013, if you are a Consumer, You have the right to cancel Your Order at any time within 14 days from the day after the Goods are delivered. Cancellation must be made in writing. This can be done by letter sent to the company address or by email or fax using our cancellation form. Cancellation form.pdf you will be refunded within 14 days of our receipt of your goods. Where you have opted for enhanced delivery at extra cost, such as next day delivery we may only refund standard delivery charges.
9.2 Our Guarantee: If you, being a consumer, are not completely satisfied with your purchase (including where you have ordered a garment which is the wrong size), we will be happy to exchange it or to refund the price (excluding delivery charges). Simply: (a) complete the returns form enclosed with your order or print off our our online returns form, notifying Us as to whether a returned product requires replacement of the Goods or a refund of the price paid (b) You should return the Goods unused and with their original packaging using the attached prepaid label asking for a 13 digit Royal mail reference code (c) Ensure parcel is returned within 28 days from the day after you receive the Goods. We regret we will not be able to accept returns for the following: (a) Special Orders including bespoke or made to order items; or (b) Purchases of audio or video recordings which have been unsealed after delivery; or (c) Digital or download content after the download has commenced; or (d) Earrings in the interests of hygiene.
9.3 Nothing in this Condition 9 will affect your statutory rights (including rights under the Consumer Contract Regulations 2013 or the Consumer Rights Act 2015) where the Buyer is a Consumer).
10. LIMITATION OF LIABILITY
10.1 Subject to Condition 4 Condition 5 and Condition 9, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to You in respect of: (a) any breach of these Conditions: (b) any use made or resale by You of any of the Goods, or of any product incorporating any of the Goods; and (c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
10.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied (Consumer Rights Act 2015) are, to the fullest extent permitted by law, excluded from the Contract. However, nothing in these Conditions excludes or limits our liability: (a) for death or personal injury caused by our negligence: or (b) where it would be illegal for us to exclude or limit our liability, or attempt to do so under the Consumer Contract Regulations 2013.
10.3 Subject to Condition 10.2 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, and restitution or otherwise, arising in connection with the Contract shall be limited to the Contract price. We shall not be liable for any indirect or consequential loss.
11.1 We may assign the Contract or any part of it to any person, firm or company.
11.2 You shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
12. FORCE MAJEURE
We reserve the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by You (without liability to You) if We are prevented from or delayed in the carrying on Our business due to circumstances beyond Our reasonable control.
13. SPECIAL ORDERS
13.1 We are unable to accept returns for special order items; these include made to order or bespoke items where the products are created based on your specifications and therefore prevent any resale. We ask that you ensure that the information you supply us is accurate before it is submitted to us. For orders that are subject to quotations, any amendments or adjustments may incur further timescales or cost which will be confirmed with you prior to us confirming the order. Once the order has been confirmed and once we have instructed our vendors to start work you will be unable to cancel or make amendments to the order.
13.2 Other special order items include Digital or download material once the download has commenced : audio or video material, including DVD’s where the seal has been broken.
14.1 Each right or remedy in these terms and conditions are severable. If any provision of these terms are held to be unenforceable by any competent authority in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.
14.2 Any waiver by Us of any breach of, or any default under, any provision of the Contract by You shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
14.3 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Consumer Rights Act 2015) by any person that is not a party to it.
14.4 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
14.5 We may change these terms and conditions from time to time. We recommend that you review our terms and conditions on a regular basis.
14.6 We will use every reasonable endeavour to verify the accuracy of the information posted on this website, but we cannot guarantee its completeness or accuracy.
14.7 Every effort is made to ensure the colour depicted on the website matches as closely as possible to the actual product. Due to technical limitations some colours may vary.
14.8 This website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website.
15.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by email to the registered offices listed below:
The Company’s registered office is:
15.2 We will try our utmost to respond to any queries you may have as soon as possible, and within a maximum of 30 days, after receipt of your query.
16. DATA PROTECTION
16.1 Eastbourne District Scout Council Data Protection Policy can be found here.