Terms and Conditions for Shop Purchases and Adult Education Courses

Shop Purchases Terms and Conditions

Please read these terms and conditions carefully as it governs the relationship between you and us, and limits our liability to you when you purchase products from us. By accepting these terms and conditions you are forming a contract with us and agreeing to the terms and conditions that appear below. References to “you” and “your” are to you as an individual. References to “us”, “our” and “we” are to Hampshire & Isle of Wight Wildlife Trust and it’s representatives.

All customers must be over the age of 18 years old to use our service.

  1. Your Order

1.1 Each order placed by you with us shall be an offer by you to us to buy products subject to these and the website terms and conditions.

1.2 No order you place shall be deemed to be accepted by us until we have received payment from you and issued confirmation of posting of the order.

1.3 You must ensure that the terms of your order, including the address for delivery, are complete and accurate.

1.4 All quotations and advertisements for products given on this website are given on the basis that no contract for sale shall come into existence between us and you until we have received payment from you and issued acknowledgement of your order. Any quotations or advertisements for products given on this website may be altered or withdrawn by us at any time.

1.5 We shall endeavour that all orders are met. We do not, however, guarantee the availability of any product at any time. Where a product is temporarily out of stock we will advise you of when we expect to be able to fulfil orders, however this is an estimate only and shall not be binding upon us.

1.6 Sometimes stock may be withdrawn or discontinued. We shall make every effort to update the website at all times, but you understand and acknowledge that we are not liable to you for any failure or delay to fulfil an order due to products being out of stock, withdrawn or discontinued.

1.7 Once an order has been placed by you and accepted by us you have a right to cancel the order from the time of ordering until 7 days after receipt of the order. All cancelled orders must be returned at your own cost.

  1. Delivery

2.1 Delivery of the products shall take place at the delivery address contained in your order.

2.2 Any dates or times specified by us for delivery of the products are intended to be estimates only and time of delivery shall not be of the essence, and shall not be made of the essence by notice.

2.3 Subject to the other provisions contained in these terms and conditions, we shall not be liable for any direct, indirect or consequential loss (all three terms which include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar losses), costs, damages or expenses caused directly or indirectly by any delay in the delivery of the products (even if caused by our negligence).

2.4 The cost of delivery can be found on our delivery page and your order shall be due prior to dispatch of your order.

  1. Price and Payment

3.1 Unless otherwise agreed between you and us, the price for the products shall be the price advertised on the website as published on the date of the order, errors and omissions excepted.

3.2 The price for the products is exclusive of all fees and charges in relation to packaging, carriage and insurance to the delivery address, this charge will be supplied at the checkout and can be viewed on our delivery page prior to ordering. We make no further charges.

3.3 Payment for the price of the products & post and packing shall be due in pounds sterling at the time of the order.

3.4 Time of payment shall be of the essence and no payment shall be deemed to be received by us until it has been received in full and cleared funds. In some circumstances such as bank cheques this may take 7 to 10 days from receipt of the bank cheque.

3.5 We do not accept liability for any errors or omissions and reserve the right to change information, prices, specifications and descriptions of any of our products. We shall try to correct any errors or omissions found at the earliest opportunity.

3.6 If an error or omission is found in goods you have ordered, we shall inform you as soon as is possible.

3.7 If an error is discovered in the price of goods you have ordered, we will inform you as soon as is possible. In the event that you order an item and the published price on this website is incorrect for any reason, we will contact you with the correct price and give you the option to cancel your order. If you cancel your order because of an error or omission and have already paid we shall refund you the full amount paid by you.

3.8 We shall be under no obligation to fulfil an order for products which were subject to error or omission.

  1. Warranties

4.1 All warranties, conditions and other terms implied by state or common law are, to the fullest extent permitted by law, excluded from this Agreement.

4.2 All products carry the warranty stated on the product description.

4.3 We shall only extend the benefit of the manufacturer’s warranty to you, and do not separately warranty the products ourselves.

  1. Returns and Refund Policy

5.1 In the event that any order is incorrect, it must be notified to us within 7 (seven) days after delivery.

5.2 In the case of incorrect orders, the products shall be returned to us and we shall redeliver the correct order at our own cost.

5.3 If any products are faulty or defective, they must be returned to us within 1 (one) month of delivery. We shall replace or repair the products free of charge and redeliver them at our own cost, or shall provide a refund of the price paid by you. In the event of replacement of any products, the products returned to us shall become our property. This specifically excludes faults caused by accident, neglect, and misuse. This does not affect any statutory rights that you may have.

5.4 If we elect to refund you rather than provide a replacement or repair for faulty or defective products, or we are unable to replace any faulty or defective product, the products must be returned to us, at our cost, and shall become our property.

  1. Limitation of Liability

6.1 Without prejudice to the other provisions in these terms and conditions, these provisions set out our total financial liability to you.

6.2 All times given for delivery, restocking etc. are estimates only and we shall not be liable for any damages, costs, losses (including without limitation pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or < style=”font-size: small;”>loss of commission), claims or liabilities, whether direct, indirect or consequential, incurred by you due to any delay by us, including if < style=”font-size: small;”>such delay was caused by our negligence.

6.3 Nothing in this agreement shall limit our liability for death or personal injury caused by our negligence or for any matter for which it would be illegal for us to attempt to exclude our liability or for fraud or fraudulent misrepresentation.

6.4 Without prejudice to the other provisions of this agreement, our total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise, arising in the performance or contemplated performance of this Agreement shall be limited to the price of the products in any single order.

  1. Waiver

7.1 If you breach any provision of these terms and conditions or the terms of use of the website and we ignore this, we shall still be entitled to use our rights and remedies at a later date or in any other situation where you breach any provision of these terms and conditions.

  1. Assignment

8.1 We may transfer and/or assign our rights or obligations under these terms and conditions at any time. This will not affect your rights and/or obligations under the terms and conditions. You are not permitted to transfer your rights or obligations under these terms and conditions to any other person.

  1. Invalidity

9.1 If any provision of these terms and conditions is found by any court, tribunal or administrative body of competent jurisdiction, to be wholly or partially illegal, invalid, void, voidable or unenforceable it shall, to such extent, be deemed to be severable and the remaining provisions of the terms and conditions and the remainder of the provision shall continue in full force and effect.

  1. Privacy

10.1 All information that you provide about yourself to us shall be used in accordance with our privacy policy.

10.2 You acknowledge that you have read and agree to be bound by the terms of our Privacy Policy.

  1. Variation

11.1 We reserve the right to unilaterally vary these terms and conditions from time to time. You should check and read the terms and conditions for any updates and/or amendments before placing any order with us. If you do not agree to any of the terms and conditions at any time you should not place any order with us.

  1. Third Party Rights

12.1 We and you do not intend that any provision in the Terms and conditions shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not party to these terms and conditions.

  1. Governing Law and Jurisdiction

14.1 We shall endeavour to resolve any disagreements between us and you quickly and efficiently. The agreement between you and us shall be governed by the laws of England and Wales and you and we shall both submit to the exclusive jurisdiction of the courts of England and Wales.

  1. Force Majeure

15.1 We will be excused from the performance of our obligations under the agreement, without notice or penalty, if circumstances outside our control prevent them, including but not restricted to: War, riots, acts of terrorism, flood, fire, storm, labour dispute, compliance with the law, equipment failure and supplier failure.

15.2 Should any circumstances beyond our control happen we will endeavour to minimise disruption to you and recommence services as soon as is possible. – We reserve the right to offer alternative options to our clients during the suspension of work due to Force Majeure. Should the suspension of services due to Force Majeure be for a period of over 30 days, the client has the right to cancel within those 30 days.

 

Adult Courses Terms & Conditions                               

 Booking & Payments Booking is essential for all HIWWT adult courses, you can book online through HIWWT.org.uk website, telephone on 01489 774406 or email courses@hiwwt.org.uk Payments must be made in full before the course starts. Places on courses are not confirmed until full payment is received. Course bookings may not be sold to 3rd parties.

All proceeds from our adult courses support our wider HIWWT work.

 Refunds

 Cancellation by HIWWT HIWWT reserves the right to cancel a course if minimum enrolments are not achieved even after payment has been received in full. If this happens HIWWT will offer a transfer to another course of the same value or as part payment or a full refund. All reasonable efforts will be made to contact the learners enrolled on the cancelled course by email or telephone. If HIWWT are unable to contact a learner about a cancellation for any reason, HIWWT are not liable for any additional costs or expenses incurred.

 Cancellations within 2 weeks of course start – Cancellations by the learner within 2 weeks of the course start HIWWT will be unable to provide a refund, although we may offer a transfer to another course at our discretion.

Cancellations more than 2 weeks before the course start – Cancellations by the learner will be subject to a £10 administration fee which will be deducted from any refundable amounts.

 Absence No full or part refunds will be made for absence, late arrival or early departure from any part of the course.

 Course Transfers Should a learner request or accept a transfer to another course and then cancel no refund can be given.

 Amendments HIWWT reserves the right to amend the terms and conditions of a course at any time and to take appropriate action, including the cancellation of a course or individual booking, if, in its opinion, it deems such action necessary. HIWWT course programmes are subject to amendments. HIWWT reserves the right to alter course programmes or engage alternative tutors if and as circumstances dictate. Any increase in course price will not take place within the 28 days prior to the course start.

 Physical Fitness Due to the nature of some HIWWT courses a satisfactory level of health is essential. Anyone who has not disclosed a health problem, which makes it impossible or inadvisable to take part in the course, may be asked by the tutor to leave. Any fee refunded in such case will be at the discretion of HIWWT. Learners with disabilities are very welcome to attend courses and HIWWT will make reasonable attempts to include all learners where ever possible. HIWWT sometimes run courses that may be difficult for some people with certain disabilities, if you are concerned about the suitability of the courses and have specific requirements please contact courses on 01489 774406 or email courses@hiwwt.org.uk prior to booking.

 Dogs and pets HIWWT welcomes Guide Dogs on courses. Dogs and other pets are not allowed on HIWWT courses even at venues that allow dogs or pets.

 Disputes Should any dispute arise, HIWWT decision is final.

 Data Protection HIWWT will keep your details on an entirely confidential database which will not be shared with any third party. This information will be used to keep you informed of the Trust’s activities and to send you information about the course.

Insurance, liability and code of conduct HIWWT cannot take responsibility for loss or damage to any learner’s personal belongings or vehicles or injury, damage or loss while travelling to and from the course. Learners agree to follow the tutor’s safety instructions at all times and have a legal responsibility to take all reasonable precautions to maintain their own safety and not to endanger other members of the group. Learners failing to adhere to the Health and Safety instructions of the tutor will be asked to leave the course and no refund will be given in this instance. HIWWT is not responsible for any costs, damage or expenses incurred due to adverse weather conditions, industrial dispute or any other cause beyond the control of HIWWT