Terms and Conditions
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by EcoNutters, whose
registered office is at Unit A3, Masterlord Ind Est, Leiston, Suffolk,
IP16 4JD (the “Supplier”, or “we”, or “our”).
1.2 Any order placed by you for goods advertised on our website is an
offer by you to purchase the goods selected in your order. No contract
exists between you and us for the sale of any goods until we have
received your order and accepted it (which we may do at our discretion).
1.3 We will send you an order acknowledgement shortly after you place
your order, notifying you that we have received your order. This
acknowledgement is not notification that we have accepted your order.
1.4 If we accept your order, we will notify you by email that we have
accepted it prior to dispatch of the goods. If we cannot accept your
order (for example (but without limitation) because the goods are found
to be unavailable) we will notify you by telephone or email.
1.5 In the event that, after we accept your order, we discover that the
goods ordered are unavailable or that there was a pricing error on our
website in respect of the goods ordered, we reserve the right not to
supply the goods ordered and to offer you a refund or alternative goods
in accordance with conditions 2.2 to 2.4 below.
1.6 The contract is subject to your right of cancellation (see condition 7 below).
1.7 We have the right to terminate the contract if the price of the
goods is not received from you in cleared funds (in accordance with
condition 3.1).
1.8 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on
the Supplier´s website at the time you place your order.
2.2 If after acceptance of your order we discover within 14 days of such
acceptance that all of the goods are unavailable, we may terminate the
contract and refund or re-credit you within 7 working days for any sum
that has been paid by you or debited from your credit card for those
goods. In these circumstances, we will inform you as soon as possible.
2.3 If within 7 days of our acceptance of your order we discover that
some but not all of the goods are unavailable, we will no longer supply
those unavailable goods. In these circumstances we will contact you
detailing the goods that are unavailable and offer you the option of
cancelling the whole order or amending your order to substitute the
unavailable items with alternative goods. If you have not cancelled the
order within 14 days of receipt of such notice, we will deliver the
available goods in accordance with condition 4 below. We will refund or
re-credit you for any sum that has been paid by you or debited from your
credit card in respect of the unavailable goods or cancelled order (if
you have cancelled it).
2.4 Every effort is made to ensure that prices shown on the Supplier´s
website are accurate at the time you place your order. If within 14 days
of accepting your order a pricing error is found in respect of any or
all of the goods you have ordered, we will notify you as soon as
possible detailing the mis-priced goods and offering you the option of:
2.4.1 placing a new order at the correct price for those goods; 2.4.2
cancelling the whole of your order; or 2.4.3 cancelling your order for
the mis-priced goods and reconfirming your order for the correctly
priced goods.
If, within 14 days of receipt of our notice to you, you have not
responded by selecting one of the available options at conditions 2.4.1
to 2.4.3 above then:
(a) if all of the goods you have ordered are found to be mis-priced, the
entire order will be cancelled automatically and the Supplier will
refund or re-credit you for any sum you have paid for those goods; or
(b) if only some of the goods you have ordered are found to be
mis-priced, our contract with you continues and we will deliver the
correctly priced goods but we will not be obliged to supply you with the
mis-priced goods. In these circumstances we will refund or re-credit
you for any sum you have paid for the mis-priced goods.
2.5 To avoid any doubt, where goods are unavailable and you order
alternative goods from us, or where goods have been mis-priced and you
subsequently order such goods at the correct price, these terms of sale
shall apply to the order and the supply of the relevant goods, whether
the order is placed through our website or otherwise.
2.6 In addition to the price, you may be required to pay a delivery
charge for the goods, details of which are clearly displayed on our
website at the point that you place your order.
2.7 Grade A Goods are “Factory Reconditioned” to the Manufacturers
original specification. All goods supplied are 30 day high street store
(30 days) returned products. With grade A stock there is always a chance
that there may be a minor cosmetic mark, Considering the price however
these are considered to be very minor and will not affect performance of
the product.
3. Payment
3.1 Payment for the goods and delivery charges can be made by any method
shown on the Supplier´s website at the time you place your order.
Payment shall be due before the delivery date and time for payment shall
be a fundamental term of this agreement, breach of which shall entitle
the Supplier to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received (with the
exception of business accounts where we have agreed credit facilities
with you).
3.3 Payments shall be made by you without any deduction whatsoever
unless you have a valid court order requiring an amount equal to such
deduction to be paid by the Supplier to you.
4. Delivery
4.1 The goods you order will be delivered to the address you give when
you place your order, except that some deliveries are not made outside
the United Kingdom.
4.2 Orders placed before 5.00 pm on a working day will be processed that
day and will be delivered as per the requested delivery option provided
no additional security checks are required and all stock items are
available. (A working day is any day other than weekends and bank or
other public holidays.)
4.3 If delivery cannot be made to your address for reasons under the
Supplier´s control the Supplier will inform you as soon as possible.
4.4 If you deliberately fail to take delivery of the goods (otherwise
than by reason of circumstances under control of the Supplier) then
without prejudice to any other right or remedy available to the Supplier
, the Supplier may: 4.4.1 store the goods until actual delivery and
charge you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and either
(a), where you have not already paid for the goods in question, account
to you (after deducting all reasonable storage and selling expenses) for
any excess over the price you agreed to pay for the goods or charge you
for any shortfall below the price you agreed to pay for the goods or
(b), where you have already paid for the goods in question, account to
you (after deducting all reasonable storage and selling expenses) for
any proceeds received.
4.5 If you fail to take delivery because you have cancelled your
contract under the Distance Selling Regulations the Supplier shall
refund or re-credit you within 30 days for any sum that has been paid by
you or debited from your credit card for the goods. On exercising your
right to cancel you shall be required to return the goods to the
Supplier. Should you fail to return the goods, the Supplier reserves the
right to deduct any direct costs incurred by the Supplier in retrieving
the goods as a result of such failure.
4.6 Every effort will be made to deliver the goods as soon as possible
after your order has been accepted. However, the Supplier will not be
liable for any loss or damage suffered by you through reasonable or
unavoidable delay in delivery. In this case, the Supplier will inform
you of any delay as soon as possible and will give you the option of
cancelling your order at this point.
4.7 Upon receipt of your order you will be asked to sign for the goods
received in good condition. If the package does not appear to be in good
condition then please refuse the delivery. If you are unable to check
the contents of your delivery at the point of delivery then please sign
for the parcel as “UNCHECKED”. Failure to do so may affect any warranty
claims that you make thereafter.
5 Risk/Title
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has
received in full (in cash or cleared funds) all sums due to it in
respect of: 5.2.1 the goods, and 5.2.2 all other sums which are or which
become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods even
though ownership of any of the goods has not passed from the Supplier.
6. Title for Business Customers
6.1 If you are a business customer until ownership of the goods has
passed to you, you must: 6.1.1 store the goods (at no cost to the
Supplier) separately from all your other goods and goods of any third
party in such a way that they remain readily identifiable as the
Supplier´s property; 6.1.2 not destroy, deface or obscure any
identifying mark or packaging on or relating to the goods; maintain the
goods in satisfactory condition and keep them insured on the Supplier´s
behalf for their full price against all risks to the reasonable
satisfaction of the Supplier. On request you shall produce the policy of
insurance to the Supplier; and 6.1.3 hold the proceeds of the insurance
referred to in condition 6.1.2 on trust for the Supplier and not mix
them with any other money, nor pay the proceeds into an overdrawn bank
account.
6.2 If you are a business customer your right to possession of the goods
shall terminate immediately if: 6.2.1 you have a bankruptcy order made
against you or make an arrangement or composition with your creditors,
or otherwise take the benefit of any statutory provision for the time
being in force for the relief of insolvent debtors, or (being a body
corporate) convene a meeting of creditors (whether formal or informal),
or enter into liquidation (whether voluntary or compulsory) except a
solvent voluntary liquidation for the purpose only of reconstruction or
amalgamation, or have a receiver and/or manager, administrator or
administrative receiver appointed of its undertaking or any part
thereof, or a resolution is passed or a petition presented to any court
for your winding up or for the grant-ing of an administration order in
respect of you, or any proceedings are commenced relating to your
insolvency or possible insolvency; or 6.2.2 you suffer or allow any
execution, whether legal or equitable, to be levied on your property or
obtained against you or you are unable to pay your debts within the
meaning of section 123 of the Insolvency Act 1986 or you cease to trade;
or
6.2.3 you encumber or in any way charge any of the goods.
7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to 7
working days after you receive the goods (see below). Please note that
this policy has some limitations and does not apply to business
customers.
7.2 To exercise your right of cancellation, you must give written notice
to the Supplier by hand, post or email, giving details of the goods
ordered and (where appropriate) their delivery. Notification by phone is
not sufficient.
7.3 Except in the case of faulty or misdescribed goods, if you exercise
your right of cancellation after the goods have been delivered to you,
you will be responsible for returning the goods to the Supplier at your
own cost. The goods must be returned to the address shown within the
Returns on Line section of the Supplier’s website. You must take
reasonable care to ensure the goods are not damaged in the meantime or
in transit. In the case of faulty or misdescribed goods the Supplier
shall, after receiving notification in accordance with condition 8.4,
8.5 or 8.6, either collect the goods from you or ask you to return the
goods to the Supplier in accordance with the Supplier’s Returns
procedure (see condition 12 below).
7.4 Once you have notified the Supplier that you are cancelling the
contract, the Supplier will refund or re-credit you within 30 days for
any sum that has been paid by you or debited from your credit card for
the goods.
7.5 Except in the case of faulty or misdescribed goods, if you do not
return the goods as required, the Supplier may charge you a sum not
exceeding the direct costs of recovering the goods.
7.6 You do not have the right to cancel the contract if the order is for
computer software which has been unsealed by you, or for consumable
goods which, by their nature, cannot be returned, save where a fault is
discovered which could not have been discovered otherwise than by
unsealing the goods.
8. Warranty
8.1 All new goods supplied by the Supplier are warranted free from
defects for 12 months from the date of supply (unless otherwise stated).
This warranty does not affect your statutory rights as a consumer. If
new goods develop a defect during the 12 month warranty period, you
should follow the Supplier’s Returns procedure (see condition 12 below).
In the event of a valid claim for a defect in the new goods, where
clauses 8.4 or 8.5 do not apply, the Supplier will (at its option)
either: 8.1.1 replace those goods, if the Supplier has available the
same goods at the same price; 8.1.2 repair those goods; or 8.1.3 refund
or re-credit you the sum you have paid for the relevant goods within 30
days of the date that the relevant goods are returned in accordance with
the Supplier’s Returns procedure (see condition 12 below).
8.2 Wherever possible, previously used or owned goods (“Used Goods”)
will be highlighted as being so used on the Supplier´s website at the
time you place your order. All Used Goods supplied by the Supplier are
warranted free from defects for 90 days from the date of supply (unless
otherwise stated). This warranty does not affect your statutory rights
as a consumer. If Used Goods develop a defect during the 90 day warranty
period, you should follow the Supplier’s Returns procedure (see
condition 12 below). In the event of a valid claim for a defect in the
Used Goods, the Supplier will (at its option) either: 8.2.1 replace
those Used Good(s), if the Supplier has available the same Used Goods(s)
at the same price; 8.2.2 repair the Used Good(s); or 8.2.3 refund or
re-credit you the sum you have paid for the relevant Used Good(s) within
30 days of the date that the relevant Used Good(s) are returned in
accordance with the Supplier´s Returns procedure (see condition 12
below).
8.3 The warranties in conditions 8.1 and 8.2 above do not apply to any
defect in the goods arising from fair wear and tear, wilful damage,
accident, negligence by you or any third party, use otherwise than in
accordance with its intended use, failure to follow the manufacturer’s
or Supplier´s instructions, or any alteration or repair carried out
without the Suppliers prior written approval.
8.4 If the goods supplied to you are damaged in transit, you should
notify the Supplier in writing via the enotes section of the website
within 7 working days of receipt of the goods (please note that this is
48 hours for our business customers) and return the goods to us in
accordance with our returns policy (see condition 12 below). Once we
have verified the fault, we will issue you with (at your discretion) a
replacement or full refund via your original payment method and
reimburse your reasonable return carriage costs. This does not affect
your rights under clauses 8.1, 8.2 and 8.5.
8.5 If the goods supplied to you are faulty or incomplete on arrival
(whether or not they were damaged in transit), you must notify us within
28 calendar days (please note that for our business customers, this is
14 calendar days) of receipt of the goods and return the goods to us in
accordance with our returns policy (see condition 12 below). Once we
have verified the fault, we will issue you with (at your discretion) a
replacement or full refund via your original payment method and
reimburse your reasonable return carriage costs. This does not affect
your rights under clauses 8.1 and 8.2.
8.6 If the goods supplied to you develop a defect while under warranty
or you have any other complaint about the goods, you should notify the
Supplier in writing via the enotes section of the website, as soon as
possible, but in any event within 14 days of the date you discovered or
ought to have discovered the damage, defect or complaint.
9. Limitation of Liability
9.1 Subject to 9.2 below, if you are a consumer the Supplier shall not
be liable to you for any loss or damage in circumstances where: 9.1.1
there is no breach of a legal duty owed to you by the Supplier or by its
employees or agents; 9.1.2 such loss or damage is not a reasonably
foreseeable result of any such breach; 9.1.3 any increase in loss or
damage resulting from breach by you of any term of this contract.
9.2 Nothing in these conditions excludes or limits the liability of the
Supplier for death or personal injury caused by the Supplier´s
negligence or fraudulent misrepresentation.
9.3 If you are a business customer the Supplier shall not be liable to
you for any indirect or consequential loss or damage (whether for loss
of profit, loss of business, depletion of goodwill or otherwise), costs,
expenses or other claims for consequential compensation whatsoever
(howsoever caused) which arise out of or in connection with this
agreement. 9.3.1 loss of business; loss of data; loss of profits; loss
of goodwill; loss of anticipated savings or loss of revenue even when
advised of the possibility; or 9.3.2 any indirect or consequential
losses, liabilities or costs.
9.4 If you are a business customer then the aggregate liability of the
Supplier (whether in contract or for negligence or breach of statutory
duty or otherwise howsoever) to you for any loss or damage of whatsoever
nature and howsoever caused shall be limited to and in no circumstances
shall exceed the price of the goods in question.
10. Data Protection
The Supplier will take all reasonable precautions to keep the details of
your order and payment secure but unless the Supplier is negligent, the
Supplier will not be liable for unauthorised access to information
supplied by you.
11. Images
Product images are for illustrative purposes only and may differ from the actual product.
12. Returns
12.1 Please refer to our returns policy for full details.
12.2 In particular, please note that any items returned to us which you
claim to be faulty or incomplete are checked and verified by our
technicians. Any returned items that are found not to be faulty or
incomplete will be returned to you and we shall be entitled to charge
you for the return carriage costs via your original payment method. In
the event that your credit card has expired, or is declined we will hold
the item(s) until full payment has been made for the return carriage.
12.3 Any items that you return to us are at your own risk, therefore we
strongly advise all our customers to take reasonable care when returning
any items to us for example, by ensuring the goods are correctly
addressed, adequately packaged, and carried by a reputable carrier.
13. Governing Law and Jurisdiction
These terms of sale and the supply of the goods will be subject to
English law and the English courts will have jurisdiction in respect of
any dispute arising from the contract.

