Terms & Conditions

(1) Introduction

Please read these terms of sale carefully. You will be asked to expressly agree to these terms of sale before you place an order for products (whether via our website or otherwise).

(2) Interpretation

In these terms of sale, “we” means Footprintbag Limited (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

(3) Website order process

This Section 3 applies only to orders processed via our website. The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below. In order to enter into a contract to purchase products from us using our website, you will need to take the following steps:

(a) complete our online order form, selecting the kind and quantity of products you require;

(b) click “buy it now”;

(c) review your order details (and identify and correct any input errors you may have made);

(d) click “proceed to checkout”; and

(e) unless you are a business customer holding an account with us (see below) your payment will be taken using the Protx secure server.

A contract between you and us for the sale and purchase of the products will come into force when we send you an order confirmation after you make the payment.

We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

(4) Other orders

Where your order is not made via our website, a contract between you and us for the sale and purchase of the products will come into force after we have received your order, when we dispatch to you an order confirmation or (if no order confirmation is dispatched) when we dispatch the products to you.

(5) Pre-orders

Where we enable you to pre-order products, whether on our website or otherwise, then no contract for the sale and purchase of those products will come into force until we send you an order confirmation stating that the products have been or will be dispatched to you.

(6) The products

The products are bags holding multiple re-usable shopping bags (as described on our website).

(7) Price and payment

Prices for products are quoted on our website. However, it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product.

The prices on the website include all value added taxes (where applicable).

In addition to the price of the products, you will have to pay a delivery charge, which will be as stated on the website and verified when you pay for the product.

Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

Payment for all products must be made by via Protx, by credit or debit card (including MasterCard, Visa, Maestro, Visa Electron, Visa Debit and Solo or any other method accepted by Protx from time to time (subject to Section 8 below)).

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force. All prices on our website are quoted in pounds Sterling.

(8) Business customer accounts

This section applies only to customers who contract with us as businesses (not consumers).

From time to time we may agree to open a customer account for you, enabling you to pay in arrears. Where you hold a customer account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products, and you will pay such invoice within 30 days of the date of the invoice. Payment must be made by cheque or by bank transfer.

Business accounts will be subject to such credit limits as we may determine in our sole discretion.

From time to time we may agree to provide discounts to business customers.

If you do not pay any amount properly due to us under or in connection with these terms of sale on time, we may: charge you interest on the overdue amount at the rate of 8% per year above the base rate of HSBC Bank Plc from time to time (which interest will accrue daily until the date of actual payment, be compounded quarterly, and be payable on demand); or claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

(9) Your warranties

You warrant to us that:

(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;

(b) the information provided in your order is accurate and complete; and

(c) you will be able to accept delivery of the products as contemplated in these terms of sale.

(10) Delivery policy

We will arrange for the products to be delivered to the address for delivery indicated in your order.

Where the proposed address for delivery is outside the European Union, please contact us in advance of submitting your order and we will be able to confirm whether we are able to deliver to the proposed address.

We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 7 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date.

We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation. No claims for loss can be made after 60 days.

(11) Risk and ownership

The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:

(a) delivery of the products; and

(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).

We will be entitled to recover payment for the products even where ownership has not passed to you.

(12) Product warranties

If you are a consumer, nothing in this section will affect your statutory rights.

We warrant to you that the products purchased from our website will:

(a) conform in all material respects to the description of the products published on our website; and

(b) be free from material defects in materials and workmanship for a period of 2 years from the date of delivery of the products.

These warranties do not cover any defect in the products arising from fair wear and tear, use for any purpose other than normal grocery shopping purposes, wilful damage, accident, negligence by you or a third party, use otherwise than in accordance with the manufacturer's or our instructions or recommendations, or any alteration carried out by you or any third party. Nor do these warranties cover normal fading of fabric colours.

If a product or part of a product breaches either of the above warranties, we will provide you with a new replacement product or part.

To the maximum extent permitted by applicable law and subject to the first paragraph of Section 16: these terms of sale set out the full extent of our obligations and liabilities in respect of the products supplied hereunder; and all conditions, warranties or other terms concerning the products which might otherwise be implied into a contract under these terms of sale are expressly excluded.

(13) 7 working day money-back guarantee

This section applies to both customers who contract with us as consumers and customers who contract with us in the course of a business. (Note that the rights in this section are guaranteed to consumers – but not businesses – by the Distance Selling Regulations).

You may cancel a contract to purchase a product or products at any time within 7 working days after the day you received the relevant products or products, subject to the limitations set out below.

If you cancel a contract on this basis, you must inform us in writing and return the products to us immediately, in the same condition in which you received them.

Products returned by you within the 7 working day period referred to above will be refunded in full, including the cost of sending the products to you. However, you will be responsible for paying the cost of returning the product to us.

If you are a consumer and you cancel a contract on this basis and you do not return to the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.

If you are a business customer and you cancel a contract on this basis and you do not return to the products to us, or you return the products to us at our expense, the contract will not be cancelled and you will not be entitled to a refund.

(14) Refunds

If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. Please note that the Postage and Packaging charge is not refundable and we do not refund return postage on unsuitable items or cancelled orders.

We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.

(15) Business customers: indemnity

This section applies only to customers who contract with us as businesses (not consumers).

You will indemnify and keep us indemnified against all losses and liabilities incurred by us and all legal costs and other expenses incurred by us in connection with any demand, action, arbitration or other proceedings arising directly or indirectly, or as a result of, or in connection with, a breach of any of your obligations under these terms of use.

(16) Limitations of liability

If you are a consumer, nothing in this section or elsewhere in these terms of sale will affect your statutory rights. In addition, nothing in these terms of sale will limit or exclude your or our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.

Subject to this:

(a) our liability in connection with any product purchased through our website is strictly limited to the higher of the purchase price of the relevant product and the replacement cost of the relevant product;

(b) we will not be liable for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time, or loss of goodwill or reputational damage; and

(c) we will not be liable for any losses arising out of any event beyond our reasonable control.

(17) General terms

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our Privacy Policy; use of our website will be subject to our website Terms of Use.

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the first paragraph of Section 16: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale. The only language in which we provide these terms of sale is English.

 

 
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