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1. TERMS AND CONDITIONS OF SALE
1.2 Please read these Terms carefully and make sure that you understand them, before ordering any Products from us. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Website. You should print a copy of these Terms for future reference.
1.3 We amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms are only available in the English language.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Greenpower Education Trust. We are a company incorporated in England and Wales (registered number 06909767) whose registered office is at The Greenpower Centre, Arundel Road, Fontwell, West Sussex, BN18 0SD, and a registered charity in England and Wales (registered charity number 1133536) and SCO46969.
2.3 If we need to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 When we use the words "writing" or "written" in these Terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 To purchase a Product from us we will require your order in writing by post, fax, email or through our Website; quoting a relevant Purchase Order number.
3.2 Once you have submitted your order, we will contact you to confirm your order using the email address you provided on your correspondence or during the checkout process. We will also provide an approximate delivery date for your order. Please respond to this email promptly to confirm your order.
3.3 When your order has been confirmed, we will email you to accept your order and to request payment. Please note that we cannot process your order and we will not dispatch the Product until we have received payment from you for the Product in cleared funds, unless you have an existing credit account with us. A contract for the sale and purchase of the relevant Product will be formed between us when the Product is dispatched.
3.4 For those with credit accounts, orders of a net value greater than GBP6,000 will be subject to a 30% deposit charge payable at the point of order.
3.5 If we are unable to process your order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
3.6 When we accept your order we will give you an order number. It will help us if you can tell us the order number whenever you contact us about your order.
3.7 You may only purchase Products from us if you are at least 18 years old. If you are under 18, you can only purchase from us or use our site with the involvement of a parent or guardian.
4. OUR PRODUCTS
4.1 The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
4.2 The packaging of the Product may vary from that shown on images on our website.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
We may make minor changes to any Product:
(a) to reflect changes in relevant laws and regulatory requirements; and/or
(b) to implement minor technical adjustments and improvements, for example to address a safety feature.
These changes will not affect your use of the Product.
7.1 We will not dispatch any Product until we receive payment from you for the Product in cleared funds, unless you have a credit account with us. Please allow up to 10 working days from the date of payment for the funds to clear.
7.2 Once your payment has cleared, we will telephone or email you to let you know that the payment has been confirmed and notify you of the delivery date. If the proposed delivery date is not convenient for you, please let us know at least 3 working days in advance of the proposed date so that we can rearrange delivery.
7.3 If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your Purchase and receive a refund for any Products you have paid for but not received.
7.4 If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
7.5 If you do not re-arrange delivery or collect them from a delivery depot within the time period required we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end our contract with you and will no longer be obliged to provide the Products.
7.6 The Product will be your responsibility from the time we deliver the Product to the address you gave us.
7.7 You own a Product once we have received payment for the Product in full.
7.8 Delivery to non-UK addresses
(a) We can only deliver to some non-UK countries. Please contact us at firstname.lastname@example.org or telephone +44(0)1243 552305 to enquire whether we are able to deliver to your country and/or for a quote including shipping. Please note non-UK orders may be subject to additional packing, carriage and dispatch charges.
(b) If you order Products from our Website for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
(c) You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
(d) You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
(e) All non-UK orders require a 30% deposit payable at point of order, with full payment required before dispatch of the Product.
8. YOUR RIGHTS TO CANCEL YOUR PURCHASE
8.1 You can contact us at any time before delivery of the Products to cancel your order. If you do this we will refund any sums paid by you for Products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract. If you have ordered bespoke Products, for example Products which we have made to your measurements, design or other specification, and the Products have already been partially or wholly made at the point at which you cancel the order, the compensation may be the full cost-price of the Product.
8.2 If you change your mind about wanting the Product once you receive it, you must let us know within 30 days of receipt of the Product and we will refund you for the price you paid, provided that you have not used the Product, your return the Product with its original packaging intact and unsealed, and that the Product is otherwise returned in a saleable condition. You do not have a right to change your mind in respect of Products that have been made bespoke for you, for example Products which we have made to your measurements, design or other specification, or with respect to any Product if you do not notify us within 30 days of receipt.
8.3 If the Product you have bought is faulty or not as described on our Website, please let us know as soon as possible. If you let us know about the problem:
a) within 30 days of receiving the Product we will refund you for the price you paid for the Product; or
b) between 30 days and six months after receiving the Product we may refund you for the price you paid for the
c) Product, or alternatively we may repair or replace the Product where repair or replacement is possible; or
d) if the Product can reasonably be expected to last up to six years and a fault arises between six months and six years after receiving the Product, you may be entitled to a repair or replacement, or if repair or replacement is not possible, we may be able to offer a partial refund.
But please note that we will not be obliged to repair, replace or refund the cost of your Products if a defect arises because you failed to follow the oral or written instructions for the storage, installation, use or maintenance of the Products, or as a result of any wilful damage by you or any third party.
8.4 If we miss the delivery deadline for any Products then you may cancel your contract with us if any of the following apply:
a) we have refused to deliver the Products;
b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
c) you told us before we accepted your order that delivery within the delivery deadline was essential.
8.5 We will refund you for the price you paid for the Product provided that you tell us of your intention to cancel within 24 hours of the time at which delivery was originally scheduled, and provided that the Product packaging is intact and unsealed, that you have not used the Products and that the Products are returned in a saleable condition.
8.6 How to end your contract with us
To end your contract with us claim your refund, repair or replacement, please let us know by doing one of the following:
Please provide your name, business or home address, details of the order and, where available, your phone number and email address.
b) Online. Download the form fill in and send to the
c) By post. Print off the returns form and post it to us at the address on the form. Or simply write to us as that address, including the information required in the form.
8.7 In all your communications with us, please include your order confirmation number to help us to identify your order. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
8.8 How to return Products
We will pay the costs of return:
a) if the Products are faulty or mis-described;
b) if you are ending your contract with us because of an error in pricing or description, a delay in delivery caused by us or because you have a legal right to do so as a result of something we have done wrong.
8.9 In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.10 Please return Products suitable for posting to The Greenpower Centre, Arundel Road, Fontwell, West Sussex BN18 0SD.
8.12 If you are responsible for the costs of return and we are collecting the Product from you, the costs of collection will be the same as our charges for standard delivery.
8.13 We will refund you the price you paid for the Products including delivery costs without undue delay, and not later than (i) 14 days after the day we receive back from you any Products supplied; or (ii) (if earlier) 14 days after the day you provide evidence that you have returned the Products, or (iii) if there were no Products supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
8.14 We will make the reimbursement using the same means of payment as you used for your initial purchase, unless you have expressly agreed otherwise, but in any event, you will not incur any fees as a result of the reimbursement. However, if the reason for the return is your exercising your right to change your mind, we may make the following deductions from the full amount paid by you:
a) we may reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop, for example, if Product packaging has been opened or the Product has been used, or the Product is otherwise returned to us in a non-saleable condition; and
b) the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within three days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.15 We will make any refunds due to you as soon as possible and in any event:
a) if you are exercising your right to change your mind, within 14 days from the day on which we receive or collect the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us; or
b) in all other cases, within 14 days of your telling us you have changed your mind.
9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
9.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking our contract with you but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
9.2 Nothing in these Terms limits or excludes our liability for:
a) death or personal injury caused by our negligence; or
b) fraud or fraudulent misrepresentation.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end our contract with you at any time by writing to you at the email address provided by you when you placed your order if:
a) you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due; or
b) you do not, within a reasonable time, allow us to deliver the Products to you.
10.2 If we end the contract in the situations set out above, we will refund any money you have paid in advance for Products we have not provided, unless the Product is bespoke in which case no refund will be made. We may deduct or charge you reasonable compensation for the net costs we have or will incur as a result of ending the contract, for example any delivery costs actually incurred by us and any administrative costs for processing and cancelling your purchase.
11. PRICE AND PAYMENT
11.1 The price of the Product will be the price indicated on the order pages when you placed your order.
11.2 You must pay for the Products and the payment must cleared before we dispatch the Products unless you already have a credit account with us.
11.3 For orders made from the UK and EU, 20% VAT is added. All other orders are VAT-free. If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
11.4 We take all reasonable care to ensure that the price of a Product advised to you is correct but it is always possible that some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
11.5 We accept payment from most major credit and debit cards including Visa, MasterCard, American Express, Delta and cheques drawn on a United Kingdom bank.
12. DATA PROTECTION
13. OTHER IMPORTANT TERMS
13.1 We may transfer our rights and obligations under these Terms to another organisation within the Greenpower group of companies.
13.2 You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
13.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13.6 These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.