Terms and Conditions of Sale
1. These terms
These are the terms and conditions on which we supply our products to you. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. Are you a business customer or a consumer?
In some areas you will have different rights under these terms depending on whether you are a business customer or a consumer. You are a consumer if you are an individual and you are buying products from us wholly or mainly for your personal use and not for use in connection with your trade, business, craft or profession.
The following clauses are specific to consumers only:
clauses 9.3; 10.4; 11.2; 13; and 16.7.
The following clauses are specific to business customers only:
clauses 11.3 to 11.5; 14; 16.6; and 16.8.
3. Information about us and how to contact us
We are Organisational Elephant Limited, a company registered in Scotland. Our company registration number is SC585313 and our registered office is at Ballochleam Farm, Kippen, Stirling, United Kingdom, FK8 3JN. Our registered VAT number is 293846163. You can contact us by email at firstname.lastname@example.org or by writing to us at our registered office. If we have to contact you we will do so by telephone or by emailing you at the email address you provide to us in your order. When we use the words “writing” or “written” in these terms, this includes emails.
4. Our contract with you
Our acceptance of your order will take place when we email you to accept it, at which point a binding contract will come into existence between you and us. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
5. Our products
5.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to provide an accurate depiction of our products on our website, we cannot guarantee that products will be identical to the images or that a device’s display of colours accurately reflects the colour of the products. Your product may vary slightly from those images.
5.2 Information about our products is given on our website and we advise you to contact us prior to placing any order if you have any queries about allergies in relation to our products. We are not responsible for allergic reactions to our products.
6. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9 below).
7. Our rights to make changes
We may make changes to our products to reflect changes in relevant laws and regulatory requirements.
8. Delivery of the products
8.1 The costs of delivery will be as displayed to you on our website or in our quote to you. We will provide you with an estimated delivery date. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
8.2 If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
8.3 If, after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract.
8.4 A product will be your responsibility from the time we deliver the product to the address you gave us. You own a product once we have received payment in full.
9. Your rights to end the contract
Your rights when you end the contract will depend on whether there is anything wrong with the products, when you decide to end the contract and whether you are a consumer or business customer.
9.1 Ending the contract because the products are damaged or incorrect products have been delivered.
We will refund you in full or replace any products where the products are damaged or have been delivered to you in error. You should inspect products as soon as they are received and contact us at email@example.com as soon as possible if they are damaged or incorrect. For damaged products, please retain the product and packaging and provide us with a clear photo of the goods. We may also ask for further information.
9.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are: we have told you about an upcoming change to the product or these terms which you do not agree to; there is a risk that supply of the products may be significantly delayed because of events outside our control; or you have a legal right to end the contract because of something we have done wrong.
9.3 Exercising your right to change your mind if you are a consumer
If you are a consumer, you have a legal right to change your mind within 14 days and receive a refund. The 14 day cancellation period commences the day after the day you receive the product. Please note that we cannot offer refunds or exchanges on any open or used product. The 14 day cancellation period does not apply to products which are liable to deteriorate or expire rapidly.
9.4 Ending the contract if we are not at fault and you are not a consumer exercising your right to change your mind
Even if we are not at fault and you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
10. How to end the contract with us (including if you are a consumer who has changed your mind)
10.1 To end the contract with us for any of the reasons set out above, please let us know by emailing us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
10.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Ballochleam Farm, Kippen, Stirling, United Kingdom, FK8 3JN. Please note that we are not responsible for return postage other than for incorrectly supplied or damaged products, in which case we shall collect and replace the products. Return postage for products returned for any other reason shall be solely at your cost. If you are a consumer exercising your right to change your mind you must send the products within 14 days of telling us you wish to end the contract.
10.3 We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
10.4 Deductions from refunds if you are a consumer exercising your right to change your mind.
Please note that if you are a consumer exercising your right to change your mind, the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10.5 When your refund will be made.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then our refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
11. If there is a problem with the product
11.1 If you have any questions or complaints about the product, please contact us. You can email us at email@example.com write to us at Ballochleam Farm, Kippen, Stirling, United Kingdom, FK8 3JN.
11.2 If you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
11.3 If you are a business customer, we warrant that on delivery, any products shall:
11.3.1 conform in all material respects with their description and any relevant specification; and
11.3.2 be free from material defects in design, material and workmanship.
11.4 If you are a business customer, subject to clause 11.5, if:
11.4.1 you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 11.3;
11.4.2 we are given a reasonable opportunity of examining such product; and
11.4.3 you return such product to us,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
11.5 If you are a business customer, we will not be liable for a products failure to comply with the warranty in clause 11.3 if:
11.5.1 you make any further use of such product after giving a notice in accordance with clause 11.4.1;
11.5.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, use or maintenance of the product or (if there are none) good trade practice;
11.5.3 you alter or repair the product without our written consent; or
11.5.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
12. Price and payment
12.1 The price of the product will be the price indicated on the order pages when you placed your order. The relevant VAT chargeable on the product will also be displayed on the order pages. We use our best efforts to ensure that the price of the product advised to you is correct. We accept payment through by online bank transfer or credit card. You must pay for the products before we dispatch them unless we agree otherwise in writing. We will not charge your credit or debit card until we dispatch the products to you.
12.2 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13. Our responsibility for loss or damage suffered by you if you are a consumer
13.1 If you are a consumer and we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 If you are a consumer, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
13.3 We are not liable for business losses. If you are a consumer, we only supply the products under these terms and conditions for domestic and private use. If you are a business customer, our liability to you will be limited as set out in clause 14.
14. Our responsibility for loss or damage suffered by you if you are a business
14.1 If you are a business, nothing in these terms shall limit or exclude our liability for:
14.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
14.1.2 fraud or fraudulent misrepresentation;
14.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
14.2 If you are a business customer, subject to 14.1:
14.2.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
14.2.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
15. How we may use your personal information
16. Other important terms
16.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
16.2 You need our consent to transfer your rights to someone else.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.4 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16.5 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer
These terms are governed by Scots law and you can bring legal proceedings in respect of the products in the Scottish courts.
16.6 Which laws apply to this contract and where you may bring legal proceedings if you are a business customer
If you are a business customer, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the Scots law and the Scottish courts shall have exclusive jurisdiction to settle any such dispute or claim
16.7 Alternative dispute resolution if you are a consumer
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform here:
16.8 Entire Agreement
If you are a business customer, these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.