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Terms and conditions of consumer sales

Version: April 2024

 

Contact us at: mail@fatherhoodinstitute.org 

The following definitions shall have the following meanings:

 

“the Customer”               means the person purchasing goods or services from the Supplier

“Force Majeure Event”     means an event beyond the reasonable control of the Supplier, including strikes, lock-outs or other industrial disputes

                                     (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of

                                     God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or

                                     direction, accident, breakdown of plant or machinery, fire, flood, storm, inability to procure materials or articles except at

                                     increased prices or default of agents, suppliers or subcontractors

“the Goods”                    mean the goods that the Supplier is to supply to the Customer in accordance with these terms;

“Intellectual Property       means any patent, right to an invention, copyright and related rights, trade mark, business name, design right, domain

 Rights"                          name, goodwill, the right to sue for passing off, design right, database right, right to use and protect the confidentiality of

                                     confidential information (including without limitation know-how and trade secrets) and all other types of intellectual property

                                     rights, registered or unregistered, including all applications and the right to apply for renewals or extensions of, and right to

                                     claim priority from, such rights and all similar rights or forms of protection existing or which will exist now or in the future in

                                     any country

“the Services”                 means the services that the Supplier is to supply to the Customer in accordance with these terms as set out in the Service

                                     Specification

“Service Specification”     the description or specification for the Services and dates for the Services to be provided, given in writing by the Supplier to

                                     the Customer

“the Supplier”                 means the Fatherhood Institute (private limited company number: 03709549) (registered charity number: 1075104) whose

                                     registered office is at 57 Chevening Road, London SE10 0LA

“these terms”                 means these terms and conditions as amended from time to time 

“Working Day”                means a day other than a Saturday, Sunday or public holiday in England when clearing banks in London are open for

                                     business

The rules of interpretation apply in these terms. Clause headings do not affect the interpretation of these terms. Except where a contrary intention appears, a reference to a clause is a reference to a clause of these terms.

 

Unless otherwise specified, a reference to a law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.

 

A person includes a corporate or unincorporated body. Writing or written includes email.

 

Any obligation in these terms on a person not to do something includes an obligation not to agree or allow that thing to be done.

 

Unless the context otherwise requires, (a) words in the singular shall include the plural and in the plural shall include the singular and (b) a reference to one gender shall include a reference to the other genders. Any words following the terms “including”, “include”, “in particular” or “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

 

Basis of the Sale

 

The Supplier contracts on these terms only, and acceptance by the Supplier of any order from a Customer shall be upon these terms and shall override any other terms and conditions stipulated or incorporated by the Customer in its order or in any negotiations, or which are implied by trade, custom, practice or course of dealing. Variations or representations will only be binding on the Supplier if confirmed in writing by an authorised officer of the Supplier.

 

No contract for the sale of goods shall be concluded until the Supplier has issued an "Acknowledgement of Order".

 

The Supplier does not sell products for purchase by children. If the Supplier sells children's products (e.g children’s clothing), they are only for purchase by adults. If the would-be Customer is under 18, he or she may only place orders via a parent or guardian.

 

The Goods

 

The Supplier reserves the right to make substitutions and modifications to the specifications of the Goods, if this does not materially affect their performance.

 

Unless expressly indicated otherwise, the Supplier is not the manufacturer of the products sold on its website. While the Supplier aims to ensure that product information on its website is correct, actual product packaging and materials may contain different and/or more detailed information to that displayed on its website. All information about the products on the Supplier’s website is provided for information purposes only. The Supplier recommends that the Customer does not rely solely on the information presented on its website. Please always read labels, warnings and directions provided with the goods before use.

 

When buying an item, you agree that:

  • You are responsible for reading the full item listing before making a commitment to buy it

  • You enter into a legally binding contract to purchase an item when you complete the check-out payment process

 

The Services

 

The Supplier will carry out the Services for the Customer. The Supplier will use its reasonable endeavours to procure that the Services are supplied on time as set out in the Service Specification. 

 

Price

 

The price of the Goods is as stated on our website and is inclusive of Value Added Tax at the appropriate rate.

 

Where carriage, insurance, storage, or other charges are shown separately from the price of Goods, they are nevertheless payable by the Customer at the same time as if they form part of the price and shall be treated as such for the purposes of these terms.

 

We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.

 

Cancellation

 

The Customer has a right of cancellation (cooling-off period) in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, except where one of the exceptions apply. The statutory right to cancel the order without giving any reason applies within 14 days from the day on which the Customer received the goods ordered (or the last of a batch if it relates to goods delivered separately, except for subscriptions) or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium (e.g. CD or DVD). The Customer must inform the Supplier of the decision to cancel the order. To meet the cancellation deadline, it is sufficient for the Customer to

  • Send the communication before the 14 days’ cancellation period has expired AND

  • Return the item within 14 days of communicating such cancellation decision

 

The cost of the return of the goods is to be borne by the Customer. The exceptions to this statutory right of cancellation are for goods that:

  • Are the supply of digital content (e.g. apps, digital software, ebooks, MP3) which is not supplied on a tangible medium (e.g. not on a CD or DVD)

  • If the Customer accepted when he or she placed the order that the Supplier could start to deliver it, and that the Customer then could not cancel it once delivery had started

 

In the event of cancellation in accordance with the above, the Supplier will reimburse all payments received from the Customer for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by the Supplier, no later than 14 days from the day on which the Supplier received the cancellation communication. The Customer will not be charged any fee for such reimbursement. The Supplier may delay reimbursement until it has received the goods back or evidence of the Customer’s having sent back the goods, whichever is the earliest. The Customer may be liable for a deduction from such full reimbursement if the value of the goods returned is diminished due to the handling of the goods by the Customer, e.g. for unnecessary damage to the packaging (except where it was necessary to establish the nature, characteristics and functioning of the goods).

 

Except in accordance with the right of cancellation contained in the clause above, the Customer may not cancel the contract.

 

Payment

 

Payment shall be made when purchasing the Goods.

 

We reserve the right to modify, reject, or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

 

When you provide us with your payment information, you authorise our use of access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

 

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

 

Delivery

 

You will be required to pay delivery charges in addition to the price for the goods you purchase.

 

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

 

The Supplier may deliver by instalments (e.g monthly supporter offer) and may treat each delivery as a separate contract.

 

When you purchase goods from our website, the goods will be delivered through one of the following methods:

  • UK standard: via Royal Mail 48 Tracked (delivery takes 2-3 working days from dispatch)

  • UK express: via Royal Mail 24 Tracked (delivery takes 1-2 working days from dispatch)

  • Any other destination: via standard shipping with Royal Mail (delivery takes 3-7 working days from dispatch, depending on destination country)

If a date is quoted for the Goods’ delivery, it is only an estimate. Time of delivery is not of the essence. The Supplier will have no liability for delays in delivery caused by either a Force Majeure Event or the failure of the Customer to give adequate delivery instructions or other relevant instructions to the Supplier. 

 

When ordering products for delivery outside of the UK, the Customer may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by the Customer. The Supplier has no control over these charges. Customs policies vary widely from country to country, so the Customer should contact his or her local customs office for further information. Additionally, please note that when ordering, the Customer is considered the importer of record and must comply with all laws and regulations of the country in which the products are to be received. Customers’ privacy is important: international customers should be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

 

Warranties

The Supplier warrants that on delivery the Goods are:

  • of satisfactory quality (within the meaning of the Sale of Goods Act 1979);

  • free from any material defect in design, workmanship and materials; and

  • correspond with any agreed written specification

 

But the Supplier's liabilities under this warranty shall be limited to making available free of charge the labour and materials required to make good any such defects or (at the Supplier's option) replacing any defective Goods. The Supplier's liability under this warranty is also conditional upon the following and these terms shall apply to any repaired or replacement Goods supplied by the Supplier under this clause:

  • written notice of the defect being given to the Supplier within 14 days after the date of delivery

  • the Goods having been properly installed, stored and used by the Customer prior to the defect occurring

  • the defect not arising due to the Customer’s failure to follow the Supplier's written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice

  • the defect not arising as a result of fair wear and tear, wilful damage or negligence

  • the Goods not having been subjected to any repair (without the Supplier’s consent), modification or abnormal or improper use

If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to the customer, and the customer will be responsible for return shipment of the product to us.

 

The Supplier warrants that any Services shall be provided with reasonable skill and care. The Supplier's liability under this warranty shall be limited to making available free of charge the labour and materials required to make good any failure to perform the Services with reasonable skill or care. The Supplier's liability is also conditional upon:

  • written notice of the defect being given to the Supplier within one month after the date of performance of the Services

  • any goods upon which the Services were performed being properly stored and not having been subject to improper use or modification

 

The warranties contained in the above clauses are without prejudice to the Customer’s statutory rights.

 

Limitation of Liability and Customer’s obligations

Save as provided under the Unfair Contract Terms Act 1977 and notwithstanding the warranty contained above, the Supplier will not be responsible for:

  • losses that were not caused by any breach on its part

  • any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or any indirect or consequential losses that were not foreseeable to both the Supplier and the Customer when the contract for the sale of goods and/or supply of services was formed

 

Nothing in these terms excludes or limits liability for (a) death or personal injury caused by the negligence or (b) fraudulent representations or (c) wilful misconduct in each case of or by the Supplier or any of its employees or agents.

 

The Customer will:

  • co-operate with the Supplier in relation to the Supplier’s provision of the Services

  • obtain any licences, permissions and consents that are required for the Services, except for any licences, permissions and consents that are listed in the Service Specification as being obtained by the Supplier

 

In the event that the Supplier's provision of the Services is adversely affected by the Customer’s acts, omissions or failure to carry out its obligations (“a Customer Default”), then, without prejudice to the Supplier’s other rights and without incurring liability to the Customer for delay or failure to provide the Services in exercising its rights under this clause, the Supplier may suspend provision of the Services until the Customer has remedied the Customer Default, and be relieved from its obligations to perform the Services if the Customer Default adversely affects the Supplier's provision of the Services.

 

Force Majeure

The Supplier shall bear no liability for loss, damage or delay howsoever arising by a Force Majeure Event, and in these circumstances may suspend or cancel the whole or part of any delivery. The Supplier shall endeavour to notify the Customer as quickly as reasonably possible if a Force Majeure Event occurs. If the Force Majeure Event prevents the Supplier from providing any of the Services and/or Goods for more than six weeks, either party shall, without limiting its other rights or remedies, have the right to terminate this contract immediately by giving written notice to the other party.

This clause does not affect the Consumer’s right to have the products sent within a reasonable time.

 

Default

Without prejudice to any other rights it may have and without prejudice to the provisions of clause 'retention of title', the Supplier may, by notice to the Customer, terminate any contract between the Customer and Supplier forthwith and/or immediately recover from the Customer all sums due from the Customer under any contract with the Supplier together with any accrued interest if:

  • any payment due by the Customer to the Supplier is overdue in whole or in part

  • the Customer commits any breach of any of the terms of any contract with the Supplier and, if the breach is remediable, fails to remedy that breach within 14 days after receipt of notice in writing to do so

 

Without limiting its other rights or remedies, the Supplier may suspend the supply of Services and/or all further deliveries of Goods if the Customer fails to pay any amount due on the due date for payment.

 

On termination of a contract for any reason:

  • termination will be without prejudice to the parties’ accrued rights

  • any clauses in these terms that expressly or by implication continue to have effect after termination shall continue in full force and effect

 

Intellectual Property Rights

All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Supplier. As regards any third party Intellectual Property Rights in the Services, the Customer agrees that the Customer's use of such Intellectual Property Rights is conditional on the Supplier’s obtaining a written licence from the relevant licensor in terms that permit the Supplier to license such rights to the Customer.

 

Miscellaneous

No waiver by the Supplier of any breach of contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision of the contract.

 

The parties agree to be bound by these terms, which they consider to be reasonable.  If any clause of these terms is held by any Court or competent authority as invalid or unenforceable in whole or in part the validity of the remainder of these terms and of the remainder of the provisions in question shall not be affected thereby.

 

The Customer shall not assign or transfer any contract to which these terms apply nor the benefit thereof to any person whatsoever.

 

These terms constitute the entire agreement and understanding of the parties and supersede any previous agreement or understanding between them relating to the subject matter of these terms. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier that is not set out in these terms.

 

A notice given under these terms shall be validly served if sent by email.

 

A person who is not a party to these terms may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

 

These terms shall be governed by and construed in accordance with the laws of England and each of the parties hereto submits to the jurisdiction of the English Courts as regards any claim or matter arising under these terms.

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