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1.2 Please read these Terms carefully and make sure that you understand them, before ordering any Goods 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 Goods from us.
1.3 We amend these Terms from time to time. Every time you wish to order Goods, please check these Terms to ensure you understand the terms applicable 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 charity registered in England and Wales (registered charity number 1133536) and Scotland (SCO46969).
2.2 You can contact us by telephoning our customer service team on 01243 552305 or by writing to us at "firstname.lastname@example.org" or The Greenpower Centre, Arundel Road, Fontwell, West Sussex, BN18 0SD.
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 Goods from us we require your order in writing, by post, email or via our Website (www.greenpower.co.uk) quoting your Purchase Order number where applicable.
3.2 Once you have submitted your order, we will contact you to confirm receipt of your order using the email address you provided on your correspondence or during the checkout process. In doing so we will give you a sales order number that should be quoted in all correspondence about your order.
3.3 Please note that we will not dispatch the Goods until we have received payment from you in cleared funds, unless you have an existing credit account with us. A contract for the sale and purchase of the Goods will only be formed between us when the Goods are dispatched.
3.4 For customers with credit accounts, orders with a net value greater than GBP 6,000 will be subject to a 30% deposit charge payable at the point of order. The outstanding balance will be invoiced upon despatch of goods and will be subject to payment on 30-day terms or as otherwise agreed.
3.5 If we are unable to process your order, we will inform you of this in writing and will not charge, or will refund, you for the Goods. This might be because the Goods are 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 Goods, or because we are unable to meet a delivery deadline, you have specified.
3.6 You may only purchase Goods from us if you are at least 18 years of age.
4. OUR GOODS
4.1 By completing an order for Goods, whether on our website or by other means does not form a binding contract. See 3.3 above.
4.2 The images of the Goods 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 Goods. Your Goods may vary slightly from those images.
4.3 The packaging of the Goods may vary from that shown on images on our website.
4.4 Car kits provided by Greenpower Education Trust and assembled according to their respective assembly instructions and in accordance with the relevant Technical & Sporting Regulations have been designed to be safe in normal operation. An individual or team will be responsible for the safe construction and operation of a car that has been modified or assembled otherwise than as described above.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to your order 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, the timing of supply or anything else which would be necessary because of your requested change and ask you to confirm whether you wish to proceed.
6. OUR RIGHTS TO MAKE CHANGES
We may make minor changes to any Goods:
(a) to reflect changes in relevant laws and regulatory requirements;
(b) to implement minor technical adjustments and improvements, for example to address a safety feature.
These changes will not affect your use of the Goods.
7.1 We will not dispatch any Goods until we receive payment from you for the Goods 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 If our supply of the Goods 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 Goods you have paid for but not received.
7.3 If no one is available at your address to take delivery and the Goods cannot be posted through your letterbox, our agent will leave you a note informing you of how to rearrange delivery or collect the Goods from a local depot.
7.4 If you do not re-arrange delivery or collect from a delivery depot within the required time period 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 Goods. Any funds received will then be refunded.
7.5 The Goods will be your responsibility from the time we deliver the Goods to the address you gave us. You are responsible to ensure all parts are present. Any shortages or damages must be reported to us within 30 working days from receipt. If no such shortages or damages are reported, you will be deemed to have accepted the goods 30 working days from receipt.
7.6 Ownership of the Goods will transfer to you when we have received payment in full and you have received the Goods.
7.7 Delivery to addresses outside of United Kingdom of Great Britain & Northern Ireland (UK):
(a) Our Website only permits orders for delivery to UK addresses. We are able to deliver to most other countries. Should you wish to place an order for delivery outside of the UK please contact us at email@example.com or telephone +44 (0) 1243 552305 to enquire whether we are able to deliver to your country and/or for a quote including shipping.
(b) You are responsible for payment of any import duties and taxes.
(c) You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
(d) All orders for delivery outside of the UK require a 30% deposit payable at point of order confirmation. When your order is ready to be dispatched, we will contact you for payment of any outstanding amount. At this point Goods will be held for a maximum of 30 days. If the outstanding amount is not paid, within this time, Goods may be re-allocated to other customers and your deposit refunded subject to 10.2.
8. YOUR RIGHTS TO CANCEL YOUR PURCHASE
8.1 You can contact us at any time before delivery of the Goods to cancel your order. If you do this, we will refund any sums paid by you for Goods not provided but we may deduct from that refund reasonable compensation for the net costs we will incur because of your ending the contract. If you have ordered bespoke or customised Goods, for example, Goods that we have made to your measurements, design or other specification, and the Goods 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 Goods.
8.2 If you change your mind about wanting the Goods once you receive them, you must let us know within 30 working days of receipt of the Goods. We will refund you the price you paid, provided that: you have not used the Goods, you return the Goods with their original packaging intact and sealed, and that the Goods are otherwise returned in a saleable condition. You do not have a right to change your mind in respect of Goods made bespoke for you, for example, Goods that we have made or customised to your measurements, design or other specification, or with respect to any Goods if you do not notify us within 30 working days of receipt.
8.3 If Goods you have purchased are faulty or not as described, please let us know as soon as possible. If you let us know about the problem within 12 months of receipt, we will replace or repair the Goods at our discretion. Alternatively, we may refund the price you paid for the Goods.
Please note that we will not be obliged to repair, replace or refund the cost of your Goods if a defect arises because you failed to follow the oral or written instructions for the storage, installation, use or maintenance of the Goods, or because of any wilful damage by you or any third party.
8.4 You may cancel your contract with us if we have refused to deliver the Goods or we fail to deliver the Goods by a deadline you stated was essential before we accepted your order.
8.5 How to end your contract with us
To end your contract with us, claim your refund, repair or replacement, please contact us as follows:
By email. Email us at firstname.lastname@example.org providing your name, billing and delivery addresses for the order, details of the Goods ordered and where available, your phone number and email address.
By post. Download and complete the returns form and post it to us along with the Goods to the address in 8.10 below.
8.6 Your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
We will pay the costs of return:
a) if the Goods are faulty, mis-described or incorrectly supplied;
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 Goods to Returns Department. The Greenpower Centre, Arundel Road, Fontwell, West Sussex BN18 0SD, United Kingdom.
8.11 If you prefer us to arrange collection of the Goods please call customer services on 01243 552305 or email us email@example.com,
8.12 If you are responsible for the costs of return and we are collecting the Goods from you, the costs of collection will be the same as our charges for standard delivery.
8.13 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 because 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 Goods, if this has been caused by your handling them in a way which would not be permitted in a shop, for example, if Goods packaging has been opened or the Goods has been used, or the Goods 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 Goods within three days at one cost but you choose to have the Goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.14 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 Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods 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 reasonably foreseeable result of our breaking our contract with you but we are not responsible for any loss or damage that is not reasonably 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 Goods 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 Goods we have not provided, unless the Goods 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 Goods will be the price indicated on the sales order when we confirm receipt of your order. All Goods are priced and must be paid for in GBP.
11.2 You must pay for the Goods and the payment must cleared before we dispatch the Goods unless you already have a credit account with us.
11.3 Orders for delivery to the UK and European Union (EU) member states will incur Value Added Tax (VAT) at the current rate. Orders for delivery outside of the EU will not incur VAT. If the VAT rate changes between your order date and the date we supply the Goods, we will apply the new VAT rate to your order, unless you have already paid for the Goods in full before the VAT rate change takes effect.
11.4 We take all reasonable care to ensure that the price of Goods advised to you is correct but it is possible that some of the Goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price of the Goods at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price of the Goods 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 Goods provided to you.
11.5 We accept payment from most major credit and debit cards including Visa, MasterCard, 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 the laws of English and Wales and you can bring legal proceedings in respect of the Goods in the courts of England and Wales.
Version 2.19 - 10th June 2019