TERMS & CONDITIONS SCOUTS’ CHRISTMAS APPEAL DONATION PAGE

Definitions:

DONOR/YOU/YOUR: the person, firm or company who donates to the appeal.

ORGANISATION/OUR/US/WE: the Scout Association Fundraising Team

CONTRACT: any contract between the organisation and the donor in return for goods

GOODS: any goods agreed in the contract to be supplied to the donor by the organisation

DAY: any day between Monday to Friday (inclusive) except a day which is a statutory holiday in England.

  1. APPLICATION OF TERMS

1.1 In order to provide you, with a consistent and high quality service we must ask you to accept these terms and conditions in their entirety. By making a donation to the appeal you confirm you have read and accept our terms and conditions. Subject to any variation under Condition 1.3 these terms and conditions supersede all others. Should you not wish to accept these terms we would ask you not to proceed with your donation.

1.2 You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out in the contract. Nothing in this condition shall exclude or limit our liability for fraudulent misrepresentation.

1.3 These Conditions apply to all donations, whether by mail order, telephone or our website.

1.4 Each donation or acceptance of a quotation for Goods by You to Us shall be deemed to be an offer by the donor for Goods subject to these Conditions.

  1. DESCRIPTION AND SPECIFICATION

2.1 The quantity and description of the Goods shall be as set out in our quotation or acknowledgement of order. Where Goods ordered are not in stock, you will be advised and these items will be sent as soon as they are available. Where the items are no longer available we will contact the donor to arrange a refund.

2.2 All samples, drawings, descriptive matter, specifications and advertising issued by us and any descriptions or illustrations contained in our catalogues, brochures or website are for the sole purpose of giving an approximate idea of the Goods described in them.

  1. DELIVERY

3.1 Unless otherwise agreed, by us, delivery of the Goods shall be made to the address for delivery as stated in the Order.  Delivery shall be, in our opinion, by such method as appropriate for the Goods ordered.

3.2 Goods will normally be dispatched within 5 working days, from the day after we receive your order, in mainland UK. Additional timescales may apply to Special Orders. For orders sent overseas, (including the Channel Islands and British Forces) we will use a carrier appropriate to the type of order. In these instances timescales for delivery may be affected. We shall endeavour to deliver the Goods within 28 days after we accept an Order, unless otherwise agreed or in the case of a Special Order. Any dates specified by us for delivery of the Goods are intended to be an estimate, and we will not be liable for any delay in delivery, and you will not be entitled to terminate or rescind the Contract unless such delay exceeds 120 days.

3.3 If You are not available at the time of delivery to receive the goods and you have given us special instructions for this eventuality, we shall endeavour to follow those instructions, but if this is not possible (or if you have not given us such instructions) we shall be entitled to deliver the goods by leaving them with a neighbour or at the rear of your property.  Delivery shall be completed if we deliver in accordance with this Clause 3.3.

3.4 We may deliver the Goods by separate installments.  Each installment shall be a separate Contract and no cancellation or termination of any one Contract relating to an installment shall entitle you to dispute or cancel any other Contract or installment. 

  1. NON-DELIVERY

4.1 The quantity shown on your confirmation e-mail will be considered proof of the quantity received by you, unless you can provide evidence proving the contrary.

4.2 We shall not be liable for any non-delivery of goods (even if caused by Our negligence) unless You give written notice to us of the non-delivery within 3 days of the date when the Goods would in the ordinary course of events have been received.

4.3 Any liability by us for non-delivery of the goods shall be limited to replacing the goods within a reasonable time.

  1. RISK/TITLE

5.1 The goods are at your risk, from when they leave our premises or, in the case of Goods dispatched by a third party or agency on our instruction, from the time when they leave the premises of the third party or agency. 

5.2 Ownership of the Goods shall not pass to you until we have received in full (in cash or cleared funds) all sums due to it in respect of: (a) The Goods; and (b) all other sums which are or which will become due to us from you on any account.

  1. PRICE

6.1 The price for the goods shall be the minimum donation price set out in our donation form or website, if ordering online, on the date on which the Order is placed.

  1. PAYMENT

7.1 Payment is only accepted in pounds sterling and is due at the time of the Order. Unfortunately, we will be unable to fulfil Your Order until funds are cleared.

7.2 You shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless  you  have a valid court order requiring an amount equal to such deduction to be paid by Us to You.

  1. QUALITY AND RETURNS 

8.1 Under the Consumer Contracts Regulations 2013, if you are a Consumer, you have the right to cancel Your Order at any time within 14 days from the day after the Goods are delivered. Cancellation must be made in writing.

8.2 Our Guarantee:  If you, being a consumer, are not completely satisfied with your purchase, we will be happy to exchange it or to refund the price (excluding delivery charges). Simply advise us within 28 days from the day after you receive the goods.

8.3 Should You wish to return any goods you should notify the Fundraising Team within 28 days of delivery (either by Letter to our head office address, or by email to [email protected]), on confirmation of your request we will issue you with a returns form and reference and the following shall apply: (a) You should return the Goods unused and with their original packaging. (b) You should notify Us as to whether a returned product requires replacement of the Goods or a refund of the price paid; (c) You are responsible for the cost of returning the Goods unless the items are faulty, incorrectly delivered or substitutions. We recommend you use registered or recorded delivery; (d) In the event that you fail to return these items or they are returned at our own expense, We will charge you the direct cost of the return even in the event that we have already refunded Your money. 

8.4 Nothing in this Condition 9 will affect your statutory rights (including rights under the Consumer Protection Consumer Contracts Regulations 2013 where the buyer is a Consumer).

8.5 Should you have any query or complaint about our products or services please contact our Customer Services Team on 020 8433 7212 or by email [email protected]  

  1. LIMITATION OF LIABILITY

9.1 Subject to Condition 4, Condition 5 and Condition 9, the following provisions set out the entire financial liability of the Association (including any liability for the acts or omissions of its employees, agents and sub-contractors) to You in respect of: (a) any breach of these Conditions: (b) any use made or resale by You of any of the Goods, or of any product incorporating any of the Goods; and (c) any representation, statement or tortious tortuous act or omission including negligence arising under or in connection with the Contract.

9.2 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 the Contract. However, nothing in these Conditions excludes or limits our liability: (a) for death or personal injury caused by our negligence: or (b) under section 2(3), Consumer Protection Act1987; or (c) where it would be illegal for us to exclude or limit our liability, or attempt to do so

9.3 Subject to Condition 10.2 our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, and restitution or otherwise, arising in connection with the Contract shall be limited to the Contract price. We shall not be liable for any indirect or consequential loss.

  1. ASSIGNMENT

10.1 We may assign the Contract or any part of it to any person, firm or company.

10.2 You shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.

  1. FORCE MAJEURE

We reserve the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by You (without liability to You) if We are prevented from or delayed in the carrying on Our business due to circumstances beyond Our reasonable control.

  1. GENERAL

12.1 Each right or remedy in these terms and conditions are severable. If any provision of these terms are held to be unenforceable by any competent authority in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.  

12.2 Any waiver by Us of any breach of, or any default under, any provision of the Contract by You shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.

12.3 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

12.4 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

12.5 We may change these terms and conditions from time to time. We recommend that you review our terms and conditions on a regular basis.

12.6 We will use every reasonable endeavour to verify the accuracy of the information posted on this website, but we cannot guarantee its completeness or accuracy.

12.7 Every effort is made to ensure the colour depicted on the website matches as closely as possible to the actual product. Due to technical limitations some colours may vary.

12.8 This website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website.

The Organisation’s registered office is:

The Scout Association,

Gilwell Park,

Chingford,

London, 

E4 7QW

For any questions relating to the Christmas Appeal, or the above terms and conditions, please contact [email protected]