Terms and Conditions for the Sale of Products
These are the terms on which Hamilton Education Limited a Private Limited Company (Limited by Guarantee) registered in England and Wales under registered number 03435012 (‘Company’) sells its products via distance selling e.g. on its website or telephone. They do not affect your statutory rights. They are designed to set out clearly the Company’s responsibilities and your rights.
- In these terms and conditions (hereinafter collectively referred to as ‘Conditions’):
- ‘Contract’ means any contracts made between the Company and you for the sale and purchase of Products which shall include (but not limited to) contracts entered into between the Parties arising from the Orders.
- ‘Products’ mean any product, article and/or item which the Company sells (including part or parts of it).
- ‘Order’ means any order (whether oral and written) for Products made by you to the Company including those made through the Website.
- ‘Parties’ mean the Company and you.
- ‘Website’ means http://www.hamiltoneducation.org.uk/ or such variations to the name of the aforesaid domain name.
- In these Conditions, references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
- In these Conditions, references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
- In these Conditions headings will not affect the construction of these Conditions.
- Terms of Acceptance
- A Contract is formed between you and the Company when (and not before) the Company notifies you by e-mail, fax, letter and/or electronically that your Order has been accepted. Your Order will not be accepted until the Company receives authorisation of your credit card company if you are paying by credit card. The Company reserve the right not to accept any Orders placed by you.
- The Parties agree that the Contracts (Rights of Third Parties) Act 1999 shall not apply in any Contracts.
- Subject to any relevant laws and regulation, you agree that these Conditions shall be the exclusive basis on which any Contracts made between the Company and you are transacted and processed unless otherwise agreed in writing by a director and/or the manager of the Company.
- Price and Payment
- The price of the ordered Products shall be as set out on the Website and/or quotation and includes postage and packing (if applicable) and value added tax (if applicable). Unless otherwise agreed by us, all payments made by cheque must be in pounds Sterling.
- Where Orders are made through the Website, the Company accepts payment through Visa and Master Card (collectively as ‘Credit Cards’), Switch, Solo, Pay Pal, cheque or bank transfer.
- No payment for the Products shall be deemed to have been received until the Company has received cleared funds.
- Delivery and Installation of Products
- An Order may be made through:
- the Website;
- telephone on 01865241245 (between the hours of 8.30am to 4.30pm from Monday – Thursday and 8.30am to 4pm on Fridays); or
- post addressed to:
1A Howard Street
- Where an Order is made through the Website, the ordered Products will be delivered to the address entered by you on the on-line order form. As the actual delivery of the Products is carried out by third party couriers, the Company shall be under no liability for any delay or failure to deliver the Products except to return the purchase price.
- Where an Order is not made through the Website, the Order made shall clearly state (1) the type of Products; (2) the quantities ordered; and (3) the location where the Products are to be delivered. Where an Order is placed verbally or in the event of any dispute as to the Order, the Company’s version of the Order shall be deemed as the authoritative Order and you shall not dispute the correctness of the same.
- If the Company fails to despatch any ordered Products within 30 days of acceptance of your Order, the Company shall upon request by you, refund in full your payment in respect of such Products.
- You agree that risk of loss or damage of Products passes to you upon delivery of the Products or on the date of first attempted delivery by the Company.
- Loss and Damage
- The Company warrants that, at the time of delivery, the Products will, subject as hereinafter provided, correspond with the description on the Website, will be free from defects in materials and workmanship and will be of satisfactory quality (within the meaning of the Sale and Supply of Goods Act 1994). All other warranties are excluded to the fullest extent permitted by law.
- Any claim by you that any Products ordered fail to correspond with the description on the Website or the Company’s catalogue or that they are defective or not of satisfactory quality, must be notified to the Company by e-mail, fax and/or letter within a reasonable time from the date of delivery and in any event no later than 14 days. If delivery is not refused, or you do not notify the Company accordingly, the Company shall have no liability for such failure or defect unless the Products were not of satisfactory quality at the time of delivery or such defects are latent defects.
- If you make a valid claim under paragraphs 5.1 and/or 5.2, the Company shall replace the Products in question free of charge or, at your option, refund in full your payment in respect of such Products but the Company shall have no further liability for such failure or defect. Such replacement or refund is conditional upon the Products in question having been returned to us unused and undamaged within a reasonable time.
- Limitation of Liability
- The Company does not exclude liability in the case of death or personal injury caused by the Company’s negligence or for fraud.
- The Company will where applicable, use its reasonable endeavours to pass on any manufacturer’s warranty to you.
- The Company shall not be liable for any fault or defect in respect of the Products if:
- such fault or defect arose as a result of the Products being improperly used and/or not used in accordance with the accompanying instructions; or
- such fault or defect was the result of unauthorised modification of the Products without the written consent of the Company.
- Subject to paragraph 6.1, to the fullest extent permitted by law, the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Conditions shall be limited to:
- in respect of matters for which the Company does not carry insurance, the price of the Products; and
- in respect of matters for which the Company carries insurance, the insured value.
- Subject to paragraph 6.1, to the fullest extent permitted by law, the Company shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of Company, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with these Conditions or Contracts.
- The provisions of this paragraph 6 shall survive the termination of these Conditions and/or Contracts.
- The exclusions and limitations of liability set out in this paragraph 6 shall be considered severally. The invalidity or unenforceability of any one of these sub-paragraphs shall not affect the validity or enforceability of any other part of this paragraph 6.
- Returns Policy
- The Company’s returns policy, which is in compliance with the Distance Selling Regulations 2000, is as follows:
- Within seven (7) working days beginning with the day after the day of receipt of any Product, you may exercise your right of cancellation in respect of such Product by sending us written notice of cancellation.
- You must promptly return the Products to the Company at your cost.
- The Company will refund your payment for such Product.
- In exceptional circumstances, where the Product is damaged, the Company may commence legal proceedings against you for any loss suffered by the Company.
Any communication between the Parties shall be by e-mail or first class post to each party’s current e-mail or postal address (as given on the Website at the time of such communication) or the e-mail or postal address given in your Order (or any new e-mail or postal address which you may have notified to the Company).
- Amendments to this Condition
The Company reserves the right to vary these Conditions at any time but, in respect of any ordered Products, the terms which apply shall be those which you accepted when you placed your Order.
- Law and Jurisdiction
These Conditions shall be governed by and construed in accordance with English law and the English Courts shall have jurisdiction.
|3 ways to buy:
||Download order form
|Use your credit/debit card through PayPal: click on the Add To Basket button and then go to our Secure Checkout by clicking on View Basket.
||If you are a school, nursery, playgroup or other educational establishment you can click on the Ordering tab and use our Invoice Ordering service.
||Or you can download our pdf order form which you can then post to us. Click on the Ordering tab.
|UK customers only to pay through Paypal.
Customers outside the UK please email us before ordering.