Ecoburotic Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products listed on our website www.ecoburotic.co.uk (our site) to you. These terms include some provisions (at section “Our Liability”) that limit our liability to you in the event that we break any of the terms of our contract with you. Please read these terms and conditions carefully. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions. If you do not understand any point please ask for further information. You should print a copy of these terms and conditions for future reference. Ecoburotic specialises in sales to business customers and does not sell to consumers. These terms and conditions only apply to business customers and not consumers.
1. INFORMATION ABOUT US
We are registered in England and Wales under company number 7323780 and with our registered office at Globe House, Eclipse Park, Sittingbourne Road, Maidstone, Kent ME14 3EN.
2. ABOUT YOU
2.1 Our company and our telesales and Internet business are only intended for businesses resident in the United Kingdom.
2.2 We only accept orders from business customers who are buying our products in relation to their business, trade or profession and not to consumers.
2.3 By placing an order through our company by phone or on our website, you warrant that you are legally authorised by your employer to enter into binding contracts on their behalf.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
No contract will exist between you and us until we have received full payment from you and have either (i) given you a written/emailed acceptance of your order or (ii) dispatched the ordered products, whichever is the sooner. Please note that our initial acknowledgement of your order does not constitute acceptance of that order unless we expressly state otherwise.
4.1 We make every effort to ensure that sufficient products are available in stock to meet your order. However, occasionally we may find that stock is unavailable.
4.2 We aim to fulfil the order within 30 days of your order, unless there are exceptional circumstances.
4.3 If we cannot deliver the products you have ordered within 30 days of your order being confirmed by us, we will contact you and ask how you wish to proceed. You may either cancel your order for a full refund (including delivery charges), await the arrival of the product in stock (unless we inform you that the product will not be coming back into stock) or change your order to replace the product originally ordered within an alternative product (with a corresponding adjustment in price).
5.1 The delivery charges for your order are calculated in accordance with our delivery rates as set out on our site. We provide free standard delivery on all orders above the value of £80. For all orders below the value of £80 we charge a standard delivery rate of £9.
5.2 The delivery times applicable are those indicated when you place your order. Please note that all such times are approximate.
5.3 We will arrange for delivery to the delivery address, however if the parcel cannot be delivered to the delivery address indicated in your order after two unsuccessful attempts within the agreed time periods, then the products may be returned to us. Any further attempt at delivery may incur an additional delivery fee, which we will notify to you in advance. We will not make any further attempt at delivery until you have agreed to any additional fee. If you do not wish to incur that additional fee then you may cancel your order for a full refund (see section “Cancellation by you”).
5.4 You can follow the packing and shipping stages of your order by clicking on the “My order” tab in the “My account” section on our website. This enables you to access details of your order. If you do not receive your order within the delivery times stated please contact us and inform us of the situation. We will then strive to identify the cause of the delay and then take all reasonably appropriate action to remedy the delay.
6. RISK AND TITLE
6.1 The products will be at your risk from the time of delivery.
6.2 Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
7. PRICE AND PAYMENT
7.1 The price of any products will be as quoted on our site from time to time.
7.2 These prices exclude VAT and delivery costs which will be added to the total amount due.
7.3 If payments are overdue, interest will be charged at a rate equal to the legal rate (“Bank of England rate”) +8%. Moreover, all outstanding invoices must then be settled immediately and before the payment deadline. Any bank charges billed to Ecoburotic in relation to overdue payments will be paid by the customer. No discounts will be given. An additional payment for recovery of costs will also be applied on the following scale: - For debts up to £999.99: £40 - For debts between £1,000 and £9,999.99: £70 - For debts above £10,000: £100 8
8. CANCELLATION BY YOU
8.1 Once we have confirmed your order it will not be possible to cancel the order, except if we have not delivered the product within 30 days of confirming your order. In case of return, an administration fee will be charged to you (£30, VAT included).
8.2 Please allow 30 days for any refund payments to be made. We will repay any sums by using the same method as you used for payment.
9. CANCELLATION BY US
9.1 We reserve the right to cancel any order prior to delivery. Examples of when we might do so include (but are not limited to):
9.1.1 where products you have ordered are out of stock; or
9.1.2 where we have made an error in the description or pricing of any products you have ordered.
10. OUR REFUNDS POLICY
10.1 We provide a lifetime guarantee on our products and we will, subject to these terms and conditions, exchange or refund any defective product with which you experience difficulties during its use. Where you experience any difficulties with our products please notify us and we will inform you of the necessary steps to take.
10.2 When you return a product to us because the product is defective we will examine the returned product and confirm if the product is defective.
Please notify us of whether you wish to exchange the product or if you would prefer a refund.
10.3 Where you have opted to exchange the product we will aim to deliver the replacement product to the original delivery address, or such other address as notified, within 30 days of receiving notification of your request.
10.4 Where you have opted for a refund for a defective product we will refund you in full and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective product.
10.5 Where a product has been returned because of a defect we will refund the delivery charges for sending the item to you, the cost incurred by you in returning the item to us and, where relevant, the delivery charges for any replacement product.
11. MANUFACTURER’S GUARANTEE
Where a product is covered by a manufacturer’s guarantee or warranty, which extends beyond these terms and conditions, please notify us and we will inform you of the appropriate steps to take.
12. DATA PROTECTION
13. OUR LIABILITY
13.1 We warrant to you that any product purchased from us of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
13.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
13.3 This does not include or limit in any way our liability:
13.3.1 For death or personal injury caused by our negligence;
13.3.2 Under section 2(3) of the Consumer Protection Act 1987 13.3.3 For fraud or fraudulent misrepresentation; or 13.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
13.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us,
including but not limited to:
13.4.1 loss of income or revenue
13.4.2 loss of business
13.4.3 loss of profits or contracts
13.4.4 loss of anticipated savings
13.4.5 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;
provided that this paragraph shall not prevent claims for loss of or damage to your tangible property that fall within the terms of the first and second paragraph of this clause or any other claims for direct financial loss that are not excluded by any of categories to inclusive of this paragraph.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this contract that is caused by events outside our reasonable control.
14.2 Our performance under this contract is deemed to be suspended for the period that the events listed in this clause continue, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the events to a close or to find a solution by which our obligations under this contract may be performed.
15. CONTACTING US
You may contact us by telephone, email or post, using the contact details set out on our contact us website page. To avoid delays in processing any request or instruction, we recommend you contact us by telephone or email.
16. CONTACTING YOU
We may contact you by telephone, email or post, using the contact details you provide to us. It is your responsibility to inform us promptly of any changes to your contact details.
No failure or delay by us to exercise any of our rights or remedies provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
If any of the terms and conditions or any provisions of this contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. ENTIRE AGREEMENT
19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter.
19.2 We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
19.3 Nothing in this clause shall limit or exclude any liability for fraud.
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time. However you will be subject to the terms and conditions in force at the time you order products from us.
21. LAW AND JURISDICTION
21.1 Any contract for the purchase of products through telephone or our website and any dispute or claim arising out of or in connection with them or their subject matter or formation will be governed by English law.
21.2 Any dispute or claim arising out of or in connection with any contract or its formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.