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General Terms & Conditions of Sale

For School Subscribers and Friends of Hamilton please see our Terms and Conditions here.

GENERAL TERMS & CONDITIONS OF SALE

The seller is Hamilton Education Limited a Private Limited Company (Limited by Guarantee) registered in England and Wales under registered number 03435012 having its registered and trading addresses at 1A Howard St, Oxford, OX4 3AY ('the Company', 'we', 'our' and 'us').

These terms apply to goods ordered from us via our website, by telephone and in writing.

1. Order process and payment

1.1       Ordering from the website requires you to click a button labelled "PROCEED TO PAYMENT" and by clicking this button you agree to place an order and you agree you have an obligation to pay us for the goods ordered.

1.2       Orders may also be made by telephoning us on 01865 241245 (Monday to Friday from 8.30am to 4.00pm) or by writing to us by email to (enquiries@hamiltoneducation.org.uk) or post to Hamilton Education, 1A Howard Street, Oxford OX4 3AY.  Orders made by telephone or in writing must contain all of the following information:

            1.2.1    your name and address;

            1.2.2    an email and contact telephone number;

            1.2.3    delivery address; and

            1.2.2    list of the goods and quantities you wish to purchase

            Following receipt of the order, we will contact you by email only to confirm your requested order, to set out our terms and with details how to arrange payment.

1.3       Ordinarily, we must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provided.

1.4       In certain circumstances and at our complete discretion, we will send you the goods ordered together with an invoice for payment.  Payment in full for the goods ordered shall be due within 30 days of the date of the invoice.

1.5       All goods are subject to availability. If we are unable to supply the goods, we will inform you of this as soon as possible and we may ask you whether you wish to purchase other goods we may have available.  If no goods are acceptable to you, a full refund will be given if you have already paid for the goods.

1.6       Very occasionally an error may occur resulting in the goods described on our website not being the products actually available for sale,  or at the wrong price due to a typographical error or we are unable to deliver to your address. If this occurs your order will not be or have been accepted. Otherwise, we will treat any order as cancelled and full refund will be given.  We will not be obliged to offer any additional compensation for disappointment suffered.

1.7       Prices payable and payment methods for the goods you order are set out in our website.  You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. 

1.8       Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contract between you and us will take place at the point the goods you have ordered are dispatched by us to be delivered to the address you have given us.

2. Delivery

2.1       We will arrange to deliver the goods ordered to you to the address you give us for delivery   at the time you place your order.

2.2       Delivery will be made as soon as possible after your order is accepted and in any event not more than 30 days after the contract is entered into. 

2.3       The actual delivery of the goods is carried out by third party couriers and we shall be under no liability for any delay or failure to deliver the goods other than to provide you with a full refund of your payment in respect of such goods.

2.4       For our delivery options, please refer to our Delivery Information here.

2.5       Subject to clause 2.6 below, you will become the owner of the goods you have ordered when they have been delivered to you.  Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

2.6       If you have ordered the goods under clause 1.4 above, ownership of the goods shall not pass to you until the goods are fully paid for, but the goods will be held at your own risk and we     will not be liable for their loss or destruction from the date the goods have been delivered to you.

3. Your right to cancel

3.1       If, for any reason, you wish to do so you have the right to cancel any order you have placed (other than in respect of products made to your specification, clearly personalised or unsealed audio or video recording or computer software). You may cancel an order at any point from placing the order up to fourteen (14) calendar days, from the day after delivery of the good(s) to you.

3.2       To cancel your contract either contact us in writing informing us of your decision to cancel the contract or complete and send by email our cancellation form, see below.

3.3       We are happy to provide you with a full refund of payment for the goods, other than payment for original delivery, provided the goods are returned in a fully resaleable condition.

3.4       You are responsible for arranging and meeting the cost of returning of the goods to us and  such goods must be returned within without undue delay and in any event not later than 14 days after the day you have cancelled the order.  

General

4.1 All risk in the goods we supply to you, in particular the risk of any loss or damage, shall pass to you on delivery of the goods to the address you specify in your order. Ownership of the goods shall not pass to you until we have received payment in full in respect of such goods.

4.2       We shall not be liable for any indirect losses you may suffer, including any loss of profit, income, business, anticipated savings or goodwill as a result of our failure to comply with these terms or our negligence. Save that our liability in respect of any death or personal injury caused by our negligence shall not in any way be restricted.

4.3       These terms, constitute the entire terms on which we will provide products to you and cancel and supersedes all prior arrangements and representations, whether verbal or written.

4.4       We may amend these terms from time to time at our discretion without notice to you. Any amends will be posted on this website and will supersede any terms and conditions previously published by us.

4.5       No delay or failure by ourselves in exercising or enforcing any of our rights or remedies under these terms shall operate as a waiver of those rights.

4.6       If any one or more of the provisions of these terms should be held by any court to be unenforceable, such provision shall be validly restated to as nearly as possible approximate the intent of the clause and, if such clause cannot be restated for any reason, shall be severable from these terms and deleted.

4.7       You may not assign or sub-contract any of your rights or obligations under these terms to any person without our prior written consent. No third party shall be entitled to enforce any of these terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

4.8       All matters concerning and incidental to any offer or agreement for the purchase and sale of products from our website shall be in English and construed and governed according to English law and the English courts shall have exclusive jurisdiction in all such matters.

4.9        After contacting us, if you feel we have not resolved your issue, you are able to use the EU Online Dispute Resolution Platform to help settle the dispute.


THESE TERMS AND CONDITIONS DO NOT IN ANY WAY AFFECT YOUR STATUTORY RIGHTS

 

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CANCELLATION FORM:

Please complete and return to us by email enquiries@hamiltoneducation.org.uk or post to: Hamilton Education Limited, at 1A Howard St, Oxford, OX4 3AY.

I/We [insert details] hereby give notice that I/We [insert details] cancel my/our [insert details] contract of sale of the following goods [insert details to identify order placed, goods and quantities returning]

Ordered on [insert details OR received on [insert details]],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

 

Date:   

 

 

 

 

 

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