BASIS OF SALE
All Customer Orders will constitute an offer to buy Goods or provide Services which The Consortium Early Years may accept or decline, subject to these Terms & Conditions of Sale (‘Terms & Conditions’). The Contract will constitute the entire understanding between The Consortium Early Years and the Customer.
These Terms & Conditions take precedence over any previous Terms and Conditions of The Consortium, and exclude any others stipulated or incorporated or referred to by the Customer, whether in the Order or any course of dealings established between The Consortium Early Years and the Customer, unless agreed in writing by an authorised representative of The Consortium Early Years. Products are not intended for resale. The Consortium Early Years reserves the right to refuse orders from dealers and distributors. The Consortium Early Years cannot accept orders from individuals under the age of 18.
Every care is taken to ensure that illustrations and descriptions are as accurate and informative as possible.
The Consortium Early Years reserves the right to change the design, specification and source of supply as necessary. In such cases every reasonable effort will be made to supply Goods of equal or better quality. Colours shown in the electronic or printed catalogue should be used as a guide only as variations due to photography and publishing can occur. Any typographical, clerical or other error or omission in any published catalogue, sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by
The Consortium Early Years will be subject to correction without any liability on the part of The Consortium Early Years.
If an error is found, The Consortium Early Years will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, The Consortium Early Years will refund or credit you for any sum that has been paid by you or debited from your credit card for the goods.
All prices are quoted in UK pounds sterling. It is The Consortium Early Years’ policy to try to maintain prices during the valid period of the electronic or printed catalogue. However, The Consortium Early Years reserves the right to amend prices without prior notice at any time. All published prices are exclusive of any applicable VAT unless stated otherwise. This is chargeable on all Goods at the current rate at the date of despatch.
Certain products are protected from the application of discounts or special offers and these are highlighted in our catalogue and on our website. In addition, some products are subject to availability and prices may fluctuate; please check online for the latest prices.
PRICE MATCH GUARANTEE
In the event that the Customer finds the same item in any other current Business to Business printed mail order catalogue at a lower price within 7 days of purchase, The Consortium Early Years will match that price, subject to the following conditions:
The price must be a current printed price, be generally available to all business customers and based on the same purchase quantity and excludes promotional offer, sale and web offers. Proof of pricing must be provided in the form of photocopied or faxed and dated catalogue pages. The Consortium Early Years may choose to verify any such prices with the vendor. The item price must be inclusive of any delivery or administration charges and be available on similar credit terms. In the event that the Customer’s order has already been processed, then The Consortium Early Years will issue a credit against the Customer’s account for any agreed difference in price. Claims must be made on an individual basis per order and are not ongoing.
Orders for both stock and non-stock items for delivery in the mainland UK are normally inclusive of any standard delivery charges. Certain direct delivery items may be subject to an additional delivery charge, as indicated on the relevant page of the catalogue, online or as advised by The Consortium Early Years when the order is placed. A small order charge of £4.95 will apply for all orders under the value of £50.00 (excl. VAT).
Mainland UK does not include Northern Ireland, The Isle of Wight, The Scilly Isles, The Scottish Isles, The Isle of Man and The Channel Islands. Customers outside mainland UK and the Isle of Wight should contact Customer Services for details of delivery charges.
Any dates quoted by The Consortium Early Years for the delivery of Goods are approximate only and The Consortium Early Years shall not be liable for any delay in delivery beyond the reasonable control of The Consortium Early Years. Deliveries shall be made by The Consortium Early Years or an appointed third party to a ground floor covered site. Where the Customer requires delivery to be made other than to a ground floor covered site, the Customer shall advise The Consortium Early Years accordingly at the time of placing the Order. The Consortium Early Years may make additional charges for delivery other than to the ground floor and the Customer will be liable for such additional charges. Any special delivery instructions must be clearly set out by the Customer on the Order. All deliveries should be checked against the advice note, which should be signed to confirm receipt of goods. Any discrepancies should be notified to Enquiries within 7 days of delivery, except where deliveries were made direct by suppliers when discrepancies must be notified to The Consortium Early Years within the period specified on the supplier’s delivery note and no later than 7 days from the date of delivery.
The Consortium Early Years reserves the right to charge a redelivery cost when a delivery made on a day arranged with the Customer has been refused or not been possible. Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract. Failure by The Consortium Early Years to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Customer in respect of any one or more of the instalments shall not entitle the Customer to treat the Contract as a whole as repudiated.
DATA PROTECTION & CONFIDENTIALITY
The Consortium Early Years shall store and process Customer data in accordance with the data protection principles as set out in the Data Protection Act 1998.
CREDIT REFERENCE AGENCIES
If the Customer applies for a credit account we may obtain information about the Customer from a credit reference agency to check credit status and identity. The agency will record our enquiry and this may be seen by other organisations who also make enquiries about the Customer. We may use credit scoring in making decisions about the Customer’s application.
Customers who are individuals have a legal right to receive, direct from the credit reference agency, a copy of the personal data about them, held by the credit reference agency (for a fee of £2.00) and to have errors corrected. Contact details of credit reference agencies which we use will be provided on request.
COMMUNICATIONS WITH CUSTOMERS
As part of The Consortium Early Years’ commitment to quality it is possible that any incoming telephone calls may be recorded for monitoring purposes. Any recordings will be used for this purpose and no other.
CANCELLATIONS & RETURNS
Customers must contact The Consortium Early Years within 7 days of delivery to obtain authorisation to return any Goods. Goods returned by the Customer without prior authorisation will not be credited. The Consortium Early Years reserves the right to charge the Customer up to 20% of the full price to cover any collection and restocking costs it may incur as a result of a customer ordering error. Customers must return all products unused and in their original boxes and packaging, including any manuals, software or accessories supplied with the products. Computer software and consumables (discs, cartridges, cassettes etc) can only be returned if the original packaging is unopened and any seals intact. Failure to follow these guidelines may invalidate any claim. The Consortium Early Years cannot accept returns on certain products that are made to order, assembled prior to delivery or assembled and installed, unless they are faulty. Items affected by this exception are indicated on the relevant page of the Catalogue.
In the event products are out of stock The Consortium Early Years reserves the right to substitute equal or higher quality products and this will be notified on the documentation. In the event the substitute is not acceptable to the Customer, The Consortium Early Years will accept the return and refund providing the goods are unused and in original packaging.
OWNERSHIP & RETENTION OF TITLE
Risk of damage to or loss of the Goods shall pass to the Customer on delivery of the Goods to the Customer or in accordance with the Customer’s instructions. The Consortium Early Years shall not be liable for damage to Goods occurring after delivery to the Customer or for damage occurring during carriage where the Customer or the Customer’s appointed carrier transports the goods.
Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Customer until The Consortium Early Years has received in cash or cleared funds payment in full of the Price of the Goods and all other goods agreed to be sold by The Consortium Early Years to the Customer for which payment is then due.
Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as The Consortium Early Years’ fiduciary agent and bailee, and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as The Consortium Early Years’ property. Until such time as the property title of the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), The Consortium Early Years shall be entitled at any time to require the Customer to return the Goods to The Consortium Early Years and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods. The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of The Consortium Early Years, but if the Customer does so all monies owing by the Customer to The Consortium Early Years shall (without prejudice to any other right or remedy of The Consortium Early Years) forthwith become due and payable.
The Consortium Early Years reserves the right to sub-contract any of its rights and obligations under the Contract.
PAYMENT TERMS - CREDIT ACCOUNT HOLDERS
This shall only apply to credit account holders. UK Customers holding approved Consortium credit account facilities must pay within 30 days from the date of invoice unless otherwise agreed. Customers should allow 7 days for normal banking and postal delays when making payment.
Failure to comply with the Conditions may result in the withdrawal of credit account facilities and any sums outstanding will then become payable immediately.
The Consortium Early Years reserves the right to charge interest on all overdue balances on credit accounts at a rate of 4% above RBS plc base rate, accruing daily.
In the event that the account is passed to a third party for collection of outstanding balances, The Consortium Early Years will claim reimbursement of all costs incurred in that collection from the Customer. Periodic reviews will be carried out on credit account activity. Dormant credit accounts or credit accounts with continuous late payment may be closed. Credit accounts may only be reopened on a new application.
The Consortium Early Years reserves the right to request a non-refundable deposit. The Customer will be advised at the point of order should this term apply.
If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to The Consortium Early Years, The Consortium Early Years shall be entitled to: Cancel the Contract or suspend any further deliveries to the Customer; and/or appropriate any payment made by the Customer to such of the Goods or Services (or any Goods or Services supplied under any other Contract between The Consortium Early Years and the Customer) as The Consortium Early Years may think fit; and Charge the Customer interest on the amount unpaid at the rate of 4% above the RBS plc base rate, accruing daily.
PAYMENT TERMS – NON CREDIT ACCOUNTS
All Customer payments shall be made in UK pounds sterling. In the case of credit card or debit card or purchasing card transactions, the Customer shall pay the Price of the Goods or Services by such cards at the time of placing the Order and The Consortium Early Years shall be entitled to recover the Price. No Order will be fulfilled until the full payment amount has been authorised by the appropriate credit, debit or purchasing card service provider.
Eligible bodies such as Registered Charities may be subject to VAT exemption on goods to be used as medical devices/aids. A written VAT exemption declaration must be submitted at the time of ordering to qualify for VAT exemption.
WARRANTIES AND LIABILITIES
The Consortium Early Years warrants that the Goods are of satisfactory quality and that the Services will be provided with reasonable care and skill. The Consortium Early Years shall not be liable for any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by The Consortium Early Years, failure to follow The Consortium Early Years’ instructions or any alteration or repair carried out without The Consortium Early Years’ approval. If the Goods supplied to you develop a defect or you have any other complaint about the Goods or the Services, you should notify The Consortium Early Years in writing at Hammond Way, Trowbridge, Wiltshire, BA14 8RR. This does not affect your statutory rights. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from this Contract.
The Consortium Early Years shall not be liable pursuant to the contract for any loss of profit or goodwill or from any type of indirect, incidental, special, consequential or exemplary loss, damage, costs or expenses (even if The Consortium Early Years has been advised of the possibility of such damages). Regardless of any statutory or other limitation periods any claim or cause of action arising in connection with this Contract, other than a Consumer’s statutory rights which shall not be so restricted, must be issued within one (1) year after such claim or cause of action arose (failing which it will be barred).
Except in respect of fraud or death or personal injury caused by The Consortium Early Years’ negligence, or liability for defective products under the Consumer Protection Act 1987, the entire liability of The Consortium Early Years in connection with the Contract shall not exceed the price of the Goods and/or Service to be provided hereunder.
The Consortium Early Years shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or failure to perform, any of The Consortium Early Years’ obligations in relation to the Goods or Services, if the delay or failure was due to any cause beyond The Consortium Early Years’ reasonable control.
No waiver by The Consortium Early Years of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision of the Contract.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
ALTERATIONS TO THE CONDITIONS
The Consortium Early Years reserves the right to amend the Terms & Conditions at any time without notice. These will be available both online and available on request.
Nothing in these Conditions is intended to or shall affect the statutory rights of a Consumer.
LAW & JURISDICTION
The Contract shall be governed by the laws of England and shall be subject to the non-exclusive jurisdiction of the English courts.
Copyright The Consortium for Purchasing and Distribution Limited. 2012.
E & OE. The Consortium Early Years is a registered trademark of The Consortium for Purchasing and Distribution Limited.
The pages within any catalogues produced on behalf of the The Consortium Early Years in printed, electronic or other form are subject to copyright. Certain contents of pages can be accessed, downloaded and stored on a temporary basis for the purpose of ordering. Any permanent storage or copying or redistribution of any of the information set out in the website of The Consortium Early Years is strictly prohibited. Browsers are also prohibited from modifying any details on the website of The Consortium Early Years and from reproducing or publicly displaying or distributing any such details for any commercial purpose whatsoever.
It is the Buyer’s responsibility to virus check all materials before downloading them from the website of The Consortium Early Years for any purpose.
Links made to other websites are made entirely at the Buyer’s own risk and The Consortium Early Years accepts no liability of any kind in relation to any linked sites. (The permission of The Consortium Early Years is required in writing before 3rd party linking to its website.)