Terms & Conditions
General
Welcome to the Eco-Schools Shop ( shop.eco-schools.org.uk) website terms and conditions for use. These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by these terms and conditions. These terms and conditions do not affect your legal rights. If you do not agree to be bound by our terms and conditions, we regret that may not use or access this website. Before placing an order, please read our terms and conditions carefully as they contain important information. If you have any questions regarding our terms and conditions, please email as at Eco-Schools@tts-group.co.uk
1. DEFINITIONS AND INTERPRETATION
1.1 Headings are for guidance only and do not form any part of these Conditions.
1.2 The following terms shall bear the following meanings:
- "Buyer" means the person, company, organisation or other entity entering into the Order for the Goods;
- "Goods" means the products, articles or things or any of them subject of the Order and described in the Order;
- "Specification" means the technical description (if any) of the Goods contained or referred to in the Order; and
- "Order" means the order placed by the Buyer for the Goods.
2. ALTERATIONS
2.0 TTS expressly reserves the right to alter its prices, product specifications and terms and conditions without notice. For the avoidance of doubt, no such change shall affect the Order once it has been accepted by TTS.
3. FORMATION OF ORDER
3.1 The Buyer shall be bound by the Order:-
3.1.1 if it is made via the website www.shop.eco-schools.org.uk; or
3.1.2 if the Order is accepted on behalf of TTS by a duly authorized Director, Employee or Agent over the telephone either with or without the condition that the Order is to be confirmed in writing by the Buyer: or
3.1.3 if the Order is made in such form of written memorandum as the Buyer and TTS may find acceptable.
PAYMENTS AND TITLE RETENTION
4.1 If you are paying by a credit or debit, you confirm that the card is yours and that you are entitled to use it. Every credit or debit card transaction is subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
4.2 Risk in the Goods shall pass to the Buyer when the goods are delivered to, or collected by, the Buyer or its agent.
4.3 Notwithstanding risk in the Goods passing in accordance with Clause 4.2 of these Conditions, title in the Goods shall not pass to the Buyer until both (i) payment is received by TTS for the Goods; and (ii) no other amounts are then outstanding from the Buyer to TTS in respect of any other goods supplied by TTS to the Buyer.
4.4 Before title has passed to the Buyer under the terms of Clause 4.3 and without prejudice to any of its other rights, TTS shall have to recover or resell the Goods or any of them and may enter the Buyer's premises by its servants or agents for that purpose. If so required, the Buyer will store the Goods separately from the Buyer's own goods to make them readily identifiable to TTS.
4.5 Should the Buyer alter the Goods by subjecting them to any manufacturing process or incorporating them into another product, then the resulting product ("Altered Product") will pass into the ownership of TTS until payment due under all contracts between TTS and the Buyer have been made in full and all TTS' rights hereunder shall extend to the Altered Product.
4.6 All prices displayed on this website are inclusive of VAT (where applicable) at the prevailing rate and are correct at the time of entering the information onto the website.
4.7 The total cost of your order is the price of the Products ordered plus any applicable delivery charges.
5. DELIVERY DATE AND RIGHT TO RETURN THE GOODS
5.1 Any date given for delivery by TTS is to be considered as an approximate estimate and cannot be guaranteed.
5.2 If the Buyer is a private consumer and TTS becomes aware that the expected date for delivery is likely to be more than 30 days after the Buyer places the order:
5.2.1 TTS will contact the Buyer to inform the Buyer accordingly;
5.2.2 TTS will ask the Buyer if the Buyer would be willing to agree to a later delivery date; and
5.2.3 If the Buyer does not agree to a later delivery date, the Buyer shall be entitled to cancel the order. For the avoidance of doubt and to avoid any orders being unintentionally cancelled, the Buyer shall not be treated as having cancelled the order under this Condition 5.2.3 unless the Buyer confirms such cancellation to TTS in writing.
5.3 The Buyer shall have the right to return the Goods (in its original packaging) to TTS for any reason whatsoever at any time up to 14 days from receipt of the Goods. However, TTS reserves the right to charge the Buyer its reasonable costs and expenses incurred as a result of the Buyer exercising this right and also for any damage to, or use of, the Goods in the event that the Goods are damaged or have been used.
5.4 All of the above provisions of this paragraph 5 shall be subject to and shall not affect your statutory rights.
6. WARRANTIES
6.1 TTS warrants the Goods to be free of defects, to be made of sound materials and to conform to the quantity and description stated in the Order. The Buyer will accept slight imperfections in colour, appearance and measurement.
6.2 If any of the Goods are found to be defective within the period of 12 months from the date of delivery, TTS undertakes as its option, to replace the same or refund to the Buyer the price of the Goods.
6.3 Other than as expressly set out in these Conditions and other than the warranty as to good title and as otherwise required by law, TTS hereby excludes all representations and warranties in relation to the Goods whatsoever, whether express or implied. Without prejudice to the generality of the foregoing, TTS expressly excludes any warranties as to fitness for purpose and the Buyer agrees that it shall determine the suitability of the Goods for its intended use.
7. LIMITATIONS ON LIABILITY
7.1 TTS liability for the following matters shall be unlimited:
7.1.1 for personal injury or death caused by the negligence of TTS or its employees, agents or contractors;
7.1.2 under Part 1 of the Consumer Protection Act 1987;
7.1.3 for breach of any conditions as to title or quiet enjoyment implied by section 12 of the Sale of Goods Act 1979 (as amended) or section 2 of the Supply of Goods and Services Act 1982 (as amended);
7.1.4 for fraudulent misrepresentation; and 7.1.5 for any other matter in respect of which law prescribes that liability may not be excluded or limited.
7.2 TTS shall not be liable for any indirect or consequential losses (including, without limitation, loss of profit, business, revenue, capital, anticipated savings and/or goodwill).
7.3 Save as provided in Conditions 7.1 and 7.2 (above), TTS entire liability in connection with the Goods shall be limited to the price payable for the Goods.
8. GENERAL
8.1 Neither TTS, Eco-Schools nor the Buyer shall be liable for any matter, delay, liability or expense caused by any matter or event beyond its reasonable control, including without limitation, strikes, lockouts or other industrial action by workers, employers, trade disputes, accidents on land or sea, government interference, war or hostilities, riot or civil commotion, earthquake, flood, fire or other natural physical disaster, Government action or legislation.
8.2 Failure by either party to exercise or enforce any rights, or the giving of any forbearance, delay or indulgence, will not be construed as a waiver of its rights or otherwise.
8.3 If any provision of these Conditions is or becomes invalid or unenforceable it will be severed from the rest of these Conditions so that it is ineffective to the extent that it is invalid or unenforceable and no other provision of these Conditions shall be rendered invalid, unenforceable or be otherwise affected.
8.4 Nothing in this Agreement shall make either party the agent or partner of the other or give either party the power to bind the other.
8.5 Nothing in this agreement shall confer on any third party any right or benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
8.6 These Conditions and the Order constitute the entire agreement between the parties relating to the subject-matter and no variation, waiver of, or addition to the same shall be binding unless in writing and signed by both parties.
8.7 These Conditions shall be governed by and construed in accordance with the laws of England and Wales.
