Odiham District Scout Shop
1 SALE TERMS & CONDITIONS Consumer Interpretation
1.1 The following definitions apply in these conditions:
The Buyer/ You/ Your: The person, firm or company who purchases the Goods from the Company.
The Company/ Our/ Us/ We: Scout Shops Limited
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 and 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, initials, or other identity) etc.
‘Written’ or ‘in writing’ shall include transmissions by email and facsimile transmissions unless the Company specifies otherwise.
1.2 Words in the singular include the plural and words 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 that 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 the 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 the date it was created, provided that 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 sent as soon as they are available. Where the items are no longer available, we shall have the right to send 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; (b) provide 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 in your specifications.
4 RISK/TITLE
4.1 The Goods are at your risk from when they are collected by you.
4.2 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.
5 PRICE
5.1 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.
5.2 The prices for the Goods are inclusive of VAT (where applicable).
6 PAYMENT
6.1 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.
6.2 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.
7 QUALITY AND RETURNS
7.1 Under the Consumer Contract Regulations 2013, as a Consumer you have the right to cancel your order at any time within 14 days from the day after the Goods are collected. Cancellations must be in writing.
7.2 Our Guarantee: If you, the Consumer, have ordered a garment that is the wrong size, we will be happy to exchange it.
7.3 Once your request has been received, we will acknowledge this by adding a note to your order and sending an email to the original order email address. You must return the item(s) unused, undamaged, all tags/labels attached and with its original packaging. All items must be in a condition that allows them to be immediately resold. You must advise us if the returned item requires a replacement or a refund for the price paid.
Only regular priced items may be refunded. Sale items cannot be refunded.
7.4 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.
7.5 Should you have any query or complaint about our products or services please contact our Team on by email shop@odihamscouts.org.uk
8 LIMITATION OF LIABILITY
8.1 Subject to Condition 7, the following provisions set out the entire financial liability of the Odiham District Scout Council (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.
8.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied in the 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.
8.3 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.
9 ASSIGNMENT
9.1 We may assign the Contract or any part of it to any person, firm, or company.
9.2 You shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
10 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 of our business due to circumstances beyond our reasonable control.
11 GENERAL
11.1 Each right or remedy in these terms and conditions are severable. If any provision of these terms is 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.
11.2 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.
11.3 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.
11.4 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.
11.5 We may change these terms and conditions from time to time. We recommend that you review our terms and conditions on a regular basis.
11.6 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.
11.7 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.
11.8 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.
12 COMMUNICATIONS
12.1 All communications between the parties about the Contract shall be in writing and sent by email to shop@odihamdistrict.org.uk