Terms and Conditions of Business
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are unhappy with. If you are unsure about anything, phone us on 0I225329838.
- These are the terms on which the Supplier sells all Goods to Purchaser. By ordering any Goods, Purchaser agrees to be bound by these Terms and Conditions. Before placing an order on the Website, Purchaser will be asked to agree to these Terms and Conditions by clicking on the button marked "I Accept'. If Purchaser does not click on the button, Purchaser will not be able to complete the Order. Purchaser can only purchase the Goods from the Website if Purchaser is eligible to enter into a contract and (where an individual person) is at least 18 years old.
- Contract means the legally binding agreement between Purchaser and Supplier for the supply of the Goods.
- Delivery Location means Purchaser’s premises or other location where the Goods are to be supplied, as set out in the Order.
- Distance Contract means a contract concluded between a trader (the Supplier) and a consumer (the Purchaser) under an organised distance sales or service provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored.
- Goods means the goods advertised on the Website that Supplier supplies to Purchaser of the number and description as set out in the Order.
- Order means the Purchaser’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website.
- Purchaser, see paragraph 1 above.
- Supplier, see paragraph 1 above.
- Website means Supplier’s website www.asc-scheme.org.uk on which the Goods are advertised.
- The description of the Goods is as set out on the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
- In the case of any Goods made to Purchaser’s special requirements, it is Purchaser’s responsibility to ensure that any information or specification Purchaser provides is accurate.
- All Goods that appear on the Website are subject to availability.
- Supplier may make changes to the Goods that are necessary to comply with any applicable law or safety requirement. Supplier will notify Purchaser of any such changes.
- Supplier may contact Purchaser by using email or other electronic communication methods or by pre-paid post and Purchaser expressly agrees to this.
Basis of Sale
- The description of the Goods on Supplier’s Website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, Supplier can reject it for any reason, although Supplier will try to tell Purchaser the reason without delay.
- The Order process is set out on the Website. Each step allows Purchaser to check and amend any errors before submitting the Order. It is Purchaser’s responsibility to check that the ordering process has been completed correctly.
- A Contract will be made for the sale of Goods ordered only when Purchaser receives an email from Supplier confirming the Order (Order Confirmation). Purchaser must ensure that the Order Confirmation is complete and accurate and inform Supplier immediately of any errors. Supplier is not responsible for any inaccuracies in the Order placed by Purchaser. By placing an Order, Purchaser agrees to Supplier providing confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). Purchaser will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
- Any quotation is valid for a maximum period of 60 days from its date, unless Supplier expressly withdraws it at an earlier time.
- No variation of the Contract, whether about description of the Goods, or otherwise, can be made after it has been entered into unless the variation is agreed by the Purchaser and the Supplier in writing.
- Supplier’s Goods are copyright and the copying of any of that material without express permission is a breach of that copyright, as laid down by the Copyright, Designs and Patents Act, 1988 and any later amendments to or re-enactment thereof.
Price and Payment
- The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as Supplier may agree in writing.
- Prices and charges include any VAT at the rate applicable at the time of the Order.
- Purchaser must either:
- make payment in respect of the Order by completing the required details in the Paypal section of the Website, or
- and only if Purchaser is an organisation or corporate body, elect to provide an authentic formal Order Number from the Purchaser’s order system and request the Supplier to provide an Invoice, as set out on the Website.
- Supplier will deliver the Goods to the Delivery Location without undue delay and, in general, unless it is specified and accepted that time is of the essence, not more than 30 days after the day on which the Contract is entered into.
- In any case, regardless of events beyond Supplier’s control, if Supplier does not deliver the Goods on time, Purchaser can (in addition to any other remedies) treat the Contract at an end if:
- Supplier has refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or Purchaser has informed Supplier before the Contract was made that delivery on time was essential; or
- after Supplier has failed to deliver on time, Purchaser has specified a later period which is appropriate to the circumstances and Supplier has failed to deliver within that period.
- If Purchaser treats a Contract as at an end, Supplier will (in addition to other remedies) promptly return all payments made under the Contract, less any reasonably incurred expenses.
- If Purchaser was entitled to treat the Contract as at an end, but does not do so, Purchaser is not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered. If Purchaser does this, Supplier will (in addition to other remedies) without delay return all payments made under that Contract for any such cancelled or rejected Goods, less any reasonably incurred expenses. If the Goods have been delivered, Purchaser must return them to Supplier or allow Supplier to collect them and Supplier will pay the costs of this.
- If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) Purchaser cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- Supplier does not generally arrange delivery to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channel Islands. If, however, Supplier accepts an Order for delivery outside that area, Purchaser may need to pay import duties or other taxes, as Supplier will not pay them.
- Purchaser agrees Supplier may deliver the Goods in instalments if Supplier suffers a shortage of stock or other genuine and fair reason, subject to the above provisions and provided Purchaser is not liable for any additional charges.
- If Purchaser or Purchaser’s nominee fails, through no fault of Supplier, to take delivery of the Goods at the Delivery Location, Supplier may charge all reasonable costs of storing and redelivering them.
- The Goods will become Purchaser’s responsibility from the completion of delivery or collection by Purchaser. Purchaser must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
- Risk of damage to, or loss of, any Goods will pass to Purchaser when the Goods are delivered to Purchaser, or collected by or on authorised behalf of the Purchaser.
- Purchaser does not own the Goods until Supplier has received payment in full. If full payment is overdue or a step occurs towards Purchaser’s bankruptcy, Supplier can choose, by notice to cancel any delivery and end any right to use the Goods, in which case Purchaser must return them or allow Supplier to collect them.
Withdrawal and cancellation
- Purchaser can withdraw the Order by informing Supplier before the Contract is made, if Purchaser so wishes, without giving Supplier a reason, and without incurring any liability.
- Purchaser can cancel the Contract (the Returns Right), excepting for any Goods that are made to Purchaser’s special requirements, by informing Supplier no later than 28 calendar days from the day the Contract was entered into, without giving Supplier a reason, and without liability, except in that Purchaser must return to Supplier the Goods in undamaged condition at Purchaser’s own expense. Upon receipt of the returned Goods in undamaged condition, Supplier shall without delay refund to Purchaser the price for those Goods which have been paid for in advance, but Supplier may retain any delivery charge. This does not affect Purchaser’s rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
- Contracts made through use of the Website are distance contracts, which have the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply to a contract for the following Goods (with no others) in the following circumstances:
- Goods that are made to Purchaser’s specifications or are clearly personalised;
- b. Goods which are liable to deteriorate or expire rapidly.
- Also. the Cancellation Rights for a Contract cease to be available in the following circumstances:
- in the case of a contract for the supply of sealed audio or sealed video recordings or sealed computer software, if the Goods become unsealed after delivery.
- in the case of the Goods becoming mixed inseparably (according to their nature) with other items after delivery.
Right to cancel
- Subject as stated in these Terms and Conditions, Purchaser may cancel a contract within 14 days as follows without giving any reason. The cancellation period will expire after 14 days from the day on which Purchaser acquires, or an authorised third party on behalf of the Purchaser, acquires physical possession of the last of the Goods.
- To exercise the right to cancel, Purchaser must inform Supplier of the decision to cancel the Contract by a clear statement setting out Purchaser’s decision (e.g. a letter sent bv post, fax or email). Purchaser may use the attached model cancellation form, but it is not obligatory. In any event, Purchaser must be able to show clear evidence of when the cancellation was made.
- Purchaser may also electronically fill in and submit the model cancellation form or any other clear statement of the Purchaser's decision to cancel the Contract on Supplier’s website www.asc-scheme.org.uk. If this option is used, Supplier will provide Purchaser with an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) without delay.
- To meet the cancellation deadline, it is sufficient for Purchaser to send the communication concerning the exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
- Except as set out herein, if Purchaser cancels a Contract, Supplier will reimburse all payments received from Purchase in respect of that Contract, excluding the reasonably incurred costs.
Deduction for Goods supplied
- Goods must be returned in saleable condition. Supplier may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by Purchaser (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods - e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop).
Timing of reimbursement
- If Supplier has offered to collect the Goods, or if no Goods were supplied, Supplier will make the reimbursement without undue delay, and not later than 14 days after the day on which Supplier is informed about Purchaser’s decision to cancel the Contract.
- If Supplier has not offered to collect the Goods, Supplier will make the reimbursement without undue delay, and not later than:
- 14 days after the day Supplier receives back from Purchaser the Goods supplied, or
- (if earlier) 14 days after the day Purchaser provides evidence that the Goods have been sent back.Supplier has offered to collect the Goods, or if no Goods were supplied, Supplier will make the reimbursement without undue delay, and not later than 14 days after the day on which Supplier is informed about Purchaser’s decision to cancel the Contract.
- Supplier will make the reimbursement using the same means of payment as Purchaser used for the initial transaction, unless purchaser has expressly agreed otherwise. In any event, Purchaser will not incur any fees as a result of the reimbursement.
- If Purchaser receives, or has received, Goods in connection with a Contract which Purchaser has cancelled, Purchaser must send back the Goods or hand them over to Supplier at East Lynn, Lansdown Lane, BATH BA1 4NB without delay and in any event not later than 14 days from the day on which Purchaser communicates to Supplier the cancellation of that Contract. The deadline is met if Purchaser sends back the Goods before the period of 14 days has expired. Purchaser agrees that Purchaser will have to bear the cost of returning the Goods. Purchaser is recommended (without obligation to obtain proof of return of Goods (see sub-paragraph 50.b above).
Conformity and Guarantee
- Supplier has a legal duty to supply the Goods in conformity with the Contract and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which Purchaser buys the Goods that, before the Contract is made, Purchaser made known to Supplier (unless Purchaser does not actually rely, or it is unreasonable for Purchaser to rely, on Supplier’s skill and judgement) and be fit for any purpose held out by Supplier or set out in the Contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in Purchaser’s materials.
- Supplier will provide Purchaser reasonable support and advice on using the materials, responding to feedback and replacing any Goods received in a damaged condition.
Successors and Supplier’s sub-contractors
- Either party may transfer the benefit of a Contract to someone else but will remain liable to the other for its obligations under that Contract. The Supplier will be liable for the acts of any sub-contractors whom it chooses to help perform its duties under that Contract.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- that party will advise the other party as soon as reasonably practicable; and
- the failing party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will no be liable for any failure which it could not reasonably avoid, but this will not affect the Purchaser's above rights relating to delivery and cancellation.
- The Supplier does not exclude liability for for death or personal injury caused by negligence or breach of the Supplier's legal obligations.
- Subject to the above, the Supplier shall not be liable for:
- any loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or
- any consequential loss (e.g. loss of profit) to the Purchaser or to Purchaser's business, trade, craft or profession.
- Subject to the exceptions set out below, Supplier undertakes not to supply details of Purchaser or any order placed thereby to any other person or organisation.
- The exceptions to the above undertaking are:
- Supplier is required to disclose such information by an applicable Government Law or Rule; or
- subject to the permission of the Purchaser (which shall not unreasonably be withheld) another potential purchaser requests contact details of like users of Adventure Service Challenge so that they may seek their opinion of the scheme.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the laws of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Purchaser is based in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- upplier endeavours to avoid any dispute, so will deal with complaints in the following way. If a dispute occurs, Purchasers should contact Supplier and both parties will attempt to find a solution. As Supplier is a registered charity (no. 292690) staffed by volunteers who work part-time, the reply may not be immediate. Supplier will use all reasonable efforts to answer complaints within 14 days.
- upplier aims to follow the codes of conduct set out by the Charity Commission, copies of which may be obtained as follows: www.smallcharities.org.uk/resources
- ASC is currently undergoing a review of procedures related to GDPR (EU directive on Data Regulations effective from May 2018) and 'Whistleblowing' as required by the Charity Commissioners.
These terms and conditions are based on a document from Rocket Lawyer - www.rocketlawyer.co.uk.