Trading Terms

/Trading Terms
Trading Terms2018-08-24T15:41:11+00:00

Our terms

  1. These terms
    • What these terms cover. These are the terms and conditions on which we supply products to you.
    • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
  2. Information about us and how to contact us
    • Who we are. We are Edwards Bros (Spaldwick) Limited a company registered in England and Wales. Our company registration number is 00598511 and our registered office is at The Old School House, Dartford Road, March, Cambridgeshire, PE15 8AE. Our registered VAT number is [ ].
    • How to contact us. You can contact us by telephoning our customer service team at 01480 890317, using the contact page on our website, or by writing to us at Glebe Farm, Spaldwick, Cambridgeshire PE28 0YT.
    • How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
    • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  3. Our contract with you
    • How we will accept your order. Our acceptance of your order will take place when we email you to confirm receipt of your order, at which point a contract will come into existence between you and us.
    • If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is no longer available to purchase, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
    • Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
    • We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK.
  4. Our products

PLEASE NOTE THAT ECO-SPHERES ARE PERISHABLE PRODUCTS.

  • Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website are approximations only.
  • Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.
  1. Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).

  1. Our rights to make changes
    • Minor changes to the products. We may change the product:
      • to reflect changes in relevant laws and regulatory requirements; and
      • to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
  1. Providing the products
    • Delivery costs. The costs of delivery will be as displayed to you on our website.
    • When we will provide the products. During the order process we will let you know when we will provide the products to you. We arrange delivery between Monday and Thursday and usually within five days of receiving your payment. If the goods are in stock we may provide them to you the next working day. If you have ordered an Ecosphere, due to the perishable nature of the goods, you need to ensure that you are available to accept delivery. If you are unable to accept delivery on the anticipated delivery day please contact us before placing your order.
    • Action required following delivery of the Ecosphere. You need to take the goods from the packaging immediately following delivery and read the instructions booklet that will accompany the goods. This will explain how the goods should be cared for both immediately following delivery and going forward. Additional care information can be found on our website (http://www.ecospheres.co.uk/care/). The magnet attached to the instruction booklet should be retained to enable the inside of the Ecosphere to be cleaned.
    • We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
    • If you are not at home when the product is delivered. If no one is available at your address to take delivery you will need to rearrange delivery. Any delay in taking delivery may cause additional stress to the goods and affect their chances of survival. Any damage or loss, including any reduction in number of part of the goods, caused as a result of a failed delivery will be at your risk.
    • If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the goods from a delivery depot the goods may be irreparably damaged such that, even if returned to us, the goods will not be available for onward sale. As a result we will be unable to offer any form of re-imbursement in this situation.
    • When you become responsible for the goods. Your goods will be your responsibility from the time we deliver, or attempt delivery of, the product to the address you gave us.
    • When you own goods. You own the goods once we have received payment in full.
    • What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your address details. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
    • Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
      • deal with technical problems or make minor technical changes;
      • update the product to reflect changes in relevant laws and regulatory requirements;
      • make changes to the product as requested by you or notified by us to you (see clause 6);
      • if weather conditions will affect the safety of the goods.

We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency.

  • We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 4) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).
  1. Your rights to end the contract
    • You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
      • If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 11;
      • If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
      • If you have just changed your mind about the product, see clause 3. You may be able to get a refund if:
        • in the case of a perishable product, we have not yet ordered or, if in stock, delivered the product; or
        • in the case of all other products you are within the cooling-off period,

but this may be subject to deductions and you will have to pay the costs of return of any goods;

  • In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.
  • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
    • we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
    • there is a risk that supply of the products may be significantly delayed because of events outside our control;
    • you have a legal right to end the contract because of something we have done wrong.
  • Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
  • When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
    • any perishable product that has been ordered by you in a non-standard form;
    • any standard form perishable product once it has been dispatched;
    • any products which become mixed inseparably with other items after their delivery.
  • How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. You have 14 days after the day you (or someone you nominate) receives non-perishable goods, unless:
    • Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you, or someone you nominate, receives the last delivery to change your mind about the goods.
    • Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you, or someone you nominate, receives the first delivery of the goods.
  • Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract including, where applicable, a restocking fee.
  1. How to end the contract with us (including if you have changed your mind)
    • Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
      • Phone. Call customer services on 01480 890317. Please provide your name, home address, details of the order, the serial number of the Ecosphere and, where available, your phone number and email address.
      • Online. Complete the contact form on our website.
      • By post. Write to us at Glebe Farm, Spaldwick, Cambridgeshire PE28 0YT including details of what you bought, when you ordered or received it, the serial number of the Ecosphere and your name and address.
    • Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must return the goods to us at Glebe Farm, Spaldwick, Cambridgeshire PE28 0YT. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
    • When we will pay the costs of return. We will pay the costs of return:
      • in respect of non-perishable products, if the products are faulty or misdescribed;
      • if you are ending the contract because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.  

  • What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
  • How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
  • Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
    • We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Delivery page and refer to the handbook provided with all perishable products for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. Please note that perishable products are non-refundable and may incur additional costs of restocking as we are unable to resell them.
    • The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
    • Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
  • When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
    • If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
    • In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
  1. Our rights to end the contract
    • We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
      • you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
      • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the delivery address;
      • you do not, within a reasonable time, allow us to deliver the products to you.
    • You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract including, where applicable, a restocking fee.
    • We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
  2. If there is a problem with the product
    • How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01480 890317 or write to us at Glebe Farm, Spaldwick, Cambridgeshire PE28 0YT.
    • Summary of your legal rights. We are under a legal duty to supply products that conform to a required standard. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. If goods do not conform to the required standard you may be entitled to a refund subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
    • Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us.
  3. Price and payment
    • Where to find the price for the product. The price of the product (which excludes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
    • We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
    • What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
    • When you must pay and how you must pay. We accept payment with all major credit and debit cards via PayPal. You must pay for the products before we dispatch them. Your payment information is not seen or retained by us.
    • We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
    • What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
  4. Our responsibility for loss or damage suffered by you
    • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    • We are not responsible for losses caused by you. This includes damage to an Ecosphere or its contents caused by:
      • any failure to follow the written instructions within the instruction booklet and/or those available on our website; or
      • any delay in taking delivery of the Ecosphere; or
      • wilful damage or negligence.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 2; and for defective products under the Consumer Protection Act 1987.
    • We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  5. How we may use your personal information
    • How we may use your personal information. We will only use your personal information as set out in our privacy policy which can be found on our website (http://www.ecospheres.co.uk/privacy-policy/).
  6. Other important terms
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    • Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    • Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

 

Orders For Christmas Delivery 2018 need to be made before 20th December. Dismiss