The following Terms and Conditions apply to purchases ordered directly through Oakfield Learning Ltd customer services by telephone, letter or email, through our web shop www.plavalmat.co.uk and our Amazon store.
1. CONDITIONS OF CONTRACT
1.1 Definition of Seller, Buyer, Goods.:
In these General Conditions of Sale (the “Conditions”) the terms “Seller” “us” or “we” means Oakfield Learning Ltd registered with Companies House England and Wales Company Number 14214981. Our registered address is: 2 Oakfield Place, Clapton Lane, Portishead, North Somerset, BS20 7RB. VAT Registration Number: GB 436381489; the “Buyer” “your” “you” means any person, company or other legal entity, who orders or buys Goods and shall, if the context of these Conditions expressly permits, include his, her, its or their assignees, successors, executors and personal representatives; the “Goods” means the products supplied or to be supplied by the Seller to the Buyer in terms of each individual Contract.
You can contact us by telephoning our customer service team on (+44) 01275 401120 or emailing firstname.lastname@example.org if you would like more information or wish to end your contract.
In accordance with our Privacy and Data Protection Policies, you will only be contacted on the personal details you have provided if it is necessary to update you with any changes or issues with your order.
UK customers may wish to read the Consumer rights Act 2015 which provides more information.
1.2 Definition of Contract:
Each purchase for Goods from the Buyer to the Seller and which is accepted by the Seller shall constitute an individual legally binding contract between the Seller and the Buyer, hereinafter referred to as the “Contract”.
When the Buyer places an order, the Buyer shall receive a confirmation with details of the items that have been purchased. If there are any issues with the Seller fulfilling an order (such as but not limited to: no stock or not being able to meet the delivery times required) the Seller shall contact the Buyer to inform them of any changes. At this point the Buyer is entitled to cancel their order or place a back order which will be shipped by the Seller when the items are in stock.
Final acceptance of the Buyer’s order will be complete once the goods are despatched. It is at this point that a contract will come into existence between the Buyer and the Seller. Once an item is dispatched it will not be possible for the Buyer to cancel their order until they have received the items then will need to follow the Refunds and Exchanges policy (see condition 3.5 below).
2.1 Specification and Quality of Goods:
The Seller warrants that the Goods shall be in accordance with the Seller’s published specifications (within accepted or stipulated tolerances) and shall be of reasonably satisfactory quality.
The Seller has made every effort to display the products as accurately as possible in order to provide the buyer with a true likeness. However the Buyer accepts that the images may differ slightly to how they appear on images. Seller will state on product listings and images where there may be style variations (for example colour or style of plastic boxes).
2.2 Exclusion of Liability resulting from Buyer’s Specification:
To the extent that any quotation given by the Seller is based on the Buyer’s specifications as given to the Seller, the Seller shall not be held liable or responsible for the lack of sufficiency, fitness for purpose or satisfactory quality in respect of the Goods insofar as attributable to the Buyer’s specifications. The Buyer shall indemnify, defend, and hold harmless the Seller, from and against all claims, liabilities, losses, expenses (including without limitation reasonable legal fees and expenses) or damages incurred.
2.3 Right to Cancel
The Buyer has the right to cancel or amend their order. The Buyer must cancel the order before goods have been dispatched by the Seller. Once items have been dispatched, condition 3.5 shall apply.
The Seller has the right to cancel the contract and shall inform the Buyer of the reason for the cancellation.
3. PRICING, ORDERS AND RETURNS
Please also see Returns/Exchange/Cancellation Policy
3.1 Pricing Conditions:
The prices of the Goods are as intimated by the Seller to the Buyer and current at the date of the Seller’s quotation but may be varied by the Seller to take account of any increase in any costs or charges of production, storage or transport or of any levy or taxes which may occur at any time before delivery; provided, however, that where the Seller agrees to supply the Goods at a fixed price within a specified period, the Goods will be charged at such price if ordered and accepted for shipping within such period.
3.2 Method of Ordering:
Orders and any subsequent instructions relating to an order will be accepted in writing, by: (i) post; (ii) e-mail; or (iii) via the secure online ordering facility on the Seller’s Amazon store or website. No order placed by the Buyer shall be deemed to be accepted by the Seller until a written acknowledgement and confirmation of order is issued by the Seller or (if earlier) the Seller ships the Goods to the Buyer.
3.3 Applicability of Quotations and Orders:
No quotations given by the Seller shall constitute an offer open for acceptance by the Buyer. The Goods are offered subject to availability. Any quotation is valid for a period of 30 days only from its date unless otherwise specified by the Seller, provided that the Seller has not previously withdrawn it.
3.4 Price Exclusions and Additions:
Subject to Condition 4.1 below or unless otherwise agreed in writing, all prices quoted exclude shipping charges, any applicable taxes. If applicable, the following shall be added to the price quoted: (i) Value Added Tax (“VAT”); and (ii) charges for shipping. The quoted price plus the other sums (insofar as applicable) referred to in (i) to (ii) shall be the “Price” for the purposes of other conditions hereof.
In the case of non UK buyers, additional customs or import duties may be payable. It is the Buyers responsibility to make payment for these fees. The Buyer should check with the local customs or Government for information before placing an order. The Seller is not liable for any additional costs relating to VAT/Sales Tax, Customs or Import fees. Please see the section at the bottom of our Shipping/Deliveries Policy for more information.
Prices are subject to change and offers may be withdrawn at any time. The Buyer should review the information at checkout before placing their order.
3.5 Return Goods:
Before returning Goods, the Seller must contact Customer Services for a Return Material Authorisation and shipping instructions. Where the Buyer wishes to return or exchange Goods due to an ordering error, the Seller’s permission must be sought within 14 days from receipt of the Goods. The issue of a refund or exchange will be at the sole discretion of the Seller. The Seller has final discretion as to whether an order may be returned. Any returned Goods must be wrapped in the original packaging or packaging that offers (in the sole opinion of the Seller) the same protection as the original within no later than 30 days from the day of delivery. The shipping costs for all returns shall be borne by the Buyer (unless items are faulty or damaged in which case the Seller shall pay for return postage costs). The refund or exchange will only be issued once the items have been returned to the Seller.
Please refer to Seller’s Returns/Exchange/Cancellation Policy
4. DELIVERY AND RISK
Please also see Shipping/Delivery Policy
The Seller is not able to Guarantee delivery dates or times.
The Seller reserves the right to split orders in to more than one shipment. This shall be the case on orders where the total weight of the goods exceeds 15Kg in accordance with UK safe lifting laws. The Buyer shall be informed by the Seller if the goods will arrive in more than once package.
It is the Buyers responsibility to ensure that all required information such as name, full delivery address, email and telephone number provided are correct at the time of ordering. The Seller will not be held responsible for any delays resulting from Buyers providing incorrect information.
The Buyer accepts that the Seller makes reasonable effort to deliver the goods to the Buyer. The Buyer acknowledges that if the delivery address is a remote location, the delivery of goods shall take longer than the usual estimated times.
4.1 Delivery Charge on products to UK Customers
Standard delivery is free to all UK mainland addresses. However the Buyer may wish to pay additional charges for faster delivery services. Any such charge shall be borne by the Buyer and taken via the secure online ordering facility available on the Sellers website or Amazon store.
4.2 Delivery Charge for non UK Customers:
The Seller shall provide a Standard International Tracked service which can be purchased by the Buyer during the checkout process. If the Buyer requires faster shipping options, the Buyer will be required to make a further payment to cover the additional costs.
4.3 Special Deliveries:
Special deliveries (such as next day) may be provided by the Seller for some products where agreed at or before the time of ordering the Goods. The cost of all special deliveries shall be paid in full by the Buyer. More information regarding special delivery costs and deadlines for orders to be placed to be eligible for next day delivery can be requested by e-mail: email@example.com, Or by phoning: (+44) 01275 401120. Such orders will be fulfilled subject to availability of Goods.
Next day services are not available to non UK buyers.
4.4 Delivery Point:
Delivery shall be to the Buyer’s ground floor entrance unless an alternative is requested by the Buyer at the time of ordering and confirmed by the Seller. Without prejudice to the passing of property in and title to the Goods, delivery of the Goods shall take place when the Goods are delivered by the Seller (or the Seller’s carrier) into the possession of the Buyer or the Buyer’s nominated recipient as notified to the Seller at the time of ordering at which point risk in the Goods shall pass to the Buyer.
It is the responsibility of the Buyer to ensure that information is provided at the time of ordering if there are any access issues or known problems with receiving deliveries.
4.5 Inspection of Goods for Damage etc:
The Goods must be examined and signed for by the Buyer at the time of passing to the Buyer’s possession or control. By signing for the Goods, the Buyer shall intimate to the Seller that the Goods are undamaged and there are no shortages. No claims by the Buyer in respect of damage to, shortage or loss of some or all of the Goods in transit prior to delivery shall be made by the Buyer or accepted by the Seller once the Goods have been signed for. The Buyer accepts that this allows a reasonable period to allow such inspection. The Buyer shall be responsible for the inspection of the Goods as soon as reasonably practicable after delivery, preferably on the same date and in any event, not more than 14 days after delivery to ensure that the quality, condition and specification of the Goods conform to the order.
Where the Buyer wishes to reject Goods, it shall be the sole responsibility of the Buyer to return those Goods to the Seller at the Buyer’s own expense and in accordance with Condition 3.5, but subject always to Condition 7.6. In the case of non-delivery of all or part of the Goods, it shall be the responsibility of the Buyer to intimate to the Seller in writing no later than three (3) working days after the due date for delivery that the Goods (or part of the Goods) have not been delivered.
4.6 Third Parties:
The Seller shall not be liable for any claims, losses, liabilities, expenses or damages arising from the actions of third parties (such as, but not limited to, delivery companies, drivers and couriers).
5. DELAY IN DELIVERY
Please also see Shipping/Delivery Policy
5.1 Exclusion of Late Delivery Liability:
Any time or date for delivery given by the Seller to the Buyer is the Seller’s estimate of the date on which the Goods will be delivered to the Buyer, and the Seller will make every reasonable endeavour to meet such delivery date, but time shall not in any event be of the essence with regard to delivery. If no dates are so specified, delivery will be within a reasonable time, usually within 3-5 working days for UK orders, or 6-7 working days for most international orders (remote locations may take longer).
The Seller shall not be liable (in contract, delict, tort or otherwise howsoever) in respect of any liability, loss, expense, claim or damage incurred by the Buyer arising from any reasonable delay in delivery of the Goods or any part thereof or any delay due to circumstances beyond the Seller’s control (as described in Condition 10.2) and in no event shall the Seller be so liable for any special, indirect, consequential damage or economic loss including, without prejudice to the foregoing generality, loss of profit, arising from any delay in delivery, howsoever caused.
5.2 Delay in Delivery Caused by the Buyer:
Where a Special Delivery has been arranged and is postponed by the Buyer at the time of dispatch or at the point of delivery (due to lack of access or for any other reason except those set out in Condition 4.4 above), the Buyer will be liable for all costs incurred by the Seller for the postponement and the re-delivery.
5.3 Exclusion of Late Delivery Rejection:
The Buyer shall not be entitled to reject the Goods or part thereof by reason only of late delivery.
5.4 Failed Delivery/Refusal of Delivery
The Buyer shall be responsible for any costs incurred due to failed delivery attempts or postage costs for items returned to the Seller for Buyer refusing to pay customs/import fees/taxes. When goods are returned to Seller, the Seller may reserve the right to issue a refund for the price of the goods minus any costs incurred.
Prices are given in £GBP Pounds Sterling and are exclusive of VAT and shipping/delivery which will be added to the Buyer’s order at the final stages of the checkout process.
Payment shall be made by the Buyer at the time of ordering. Orders will not be dispatched until funds have cleared.
6.2 Payment Method:
Payments can be made by the accepted credit or debit cards indicated on secure payment gateway during the checkout process.
6.3 Alternative Payment
The buyer should contact the seller on +44 (0)1275 401120 or email: firstname.lastname@example.org if they wish to pay by BACS.
Cash and Cheques are not accepted.
7. WARRANTIES, LIABILITY FOR DEFECTS; INDEMNITY ON GOODS
7.1 Seller’s Warranties:
Subject to Conditions 4 and 8 (inclusive) hereof, the Seller warrants that, at the time they are delivered to the Buyer in accordance with Condition 4, the Goods (without reliance upon instructions, specifications, or other directions provided by Buyer) are of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) and reasonably fit for their purpose (as specified in the Seller’s specifications) and conform in all material respects with the said Seller’s specifications.
7.2 Warranty Conditions:
The warranty contained in Condition 7.1 is personal only to the Buyer and may not be transferred. The warranty is contingent upon the Buyer following the Care Instructions provided by the Seller and proper use of the Goods and shall not apply to Goods (i) on which the original identification marks have been removed or altered or (ii) which are subject to normal wear and tear in accordance with the relevant product specifications. The Seller will have the right to inspect any Goods which are the subject of a claim by the Buyer.
7.3 Warranty Exclusions:
The warranty provided in Condition 7.1 shall not apply to defects or failure due to:-
(i) improper storage or treatment of the Goods or any part of the Goods (unless by the Seller); or
(ii) accident, neglect or misuse of the Goods (unless by the Seller), including without limitation improper use of the Goods, use for purposes which are not expressly indicated by the Seller in writing as suitable for such Goods and use in breach of Condition 10 hereof; or
(iii) failure or defect of the Goods; or
(iv) the use of items not provided by the Seller; or
(v) unusual stress; or
(vi) any party other than the Seller modifying or adjusting or attempting to repair the Goods; or
(vii) the Buyer making any further use of such Goods after giving a notice of breach of warranty; or
(viii) where the defect arises because the Buyer failed to follow the Seller’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice.
7.6 Defective Goods:
Without prejudice to Condition 4.5, the Buyer shall without delay notify the Seller in writing of any defect or non-conformity of the Goods with the warranty granted under Condition 7.1. Should the Seller be unable to correct a defect covered by Condition 7.1 after the expenditure of reasonable effort and time, (“reasonable” to be defined by the nature of the defect when encountered) the Buyer shall be entitled to return the Goods and receive either (i) a refund of the net Price actually paid for such Goods or (ii) a replacement of the defective Goods, and such refund or replacement shall constitute the Seller’s maximum liability for breach of warranty. Any costs incurred by the Buyer pursuant to this Condition 7.6 with the Seller’s prior written approval as to the nature and extent of the costs will be refunded by the Seller.
7.7 Exclusion of Liability:
Notwithstanding the foregoing Condition, the Seller shall not be liable for any claims, losses, liabilities, expenses or damages arising from:-
(i) misuse of the Goods, including without limitation improper use of the Goods, use for purposes which are not expressly indicated by the Seller in writing as suitable for such Goods;
(ii) negligence on the part of any person other than the Seller;
(iii) improper storage or treatment of the Goods or any part of the Goods by the Buyer or any subsequent user; or
(iv) loss or theft of the whole or any part of the Goods.
7.8 Liability, Consequential Damage:
The Seller shall not be liable for any special, indirect, incidental, consequential or exemplary loss or damage, including loss of profit, business, contracts or goodwill or increased costs of working, whether notice of the likelihood of such damage is given to the Seller and whether arising, without limitation, through breach of contract, negligence, strict liability in delict, tort, warranty, or statutory duty, howsoever arising, which the Buyer may sustain in connection with the Goods supplied or to be supplied under the Contract.
7.9 Buyer Responsibility for Suitability of Goods:
The Buyer agrees that the Buyer has satisfied itself as to the suitability of the Goods for the purpose or purposes for which the Buyer requires them.
7.10 Exclusion of Regulatory Misuse by Buyer:
Exclusion of Regulatory Misuse by Buyer: The Seller shall not be liable or responsible for a failure by the Buyer to abide by any administrative, licensing or other regulatory requirements for use or sale of the Goods in the country in which Goods are destined for such use or sale.
8.1 Force Majeure:
The Seller shall not be responsible or liable in any manner whatsoever for any loss or damage whether direct, indirect or consequential, arising from any delay or default in the performance of any of the Seller’s obligations in terms of these Conditions where such delay or default arises as a result of any circumstances or conditions beyond the control of the Seller including (but without prejudice to the generality of the foregoing) war, insurgency, industrial dispute, strike, lockout, riot, malicious damage, terrorism, piracy, fire, storm, flood, act of God, accident, theft, non-availability or shortage of material or labour, failure by any sub-contractor or supplier to perform, failure of production equipment, any statute, rule, bylaw, order, regulation or requisition made or issued by any government department, local or other duly constituted authority.
8.2 Waiver of Rights:
No relaxation, delay or waiver by the Seller of its rights in respect of any breach of obligation of the Buyer pursuant to these Conditions shall constitute a waiver of any other rights in respect of any prior or subsequent breach or obligation.
The invalidity in whole or in part of any of these Conditions shall not affect the validity of any other provision.
Each of these Conditions shall be separate and severable and shall be enforceable accordingly.
Each party warrants that it consents to carry out the actions contemplated under these Conditions and any Contract.
8.6 Third Party Rights:
No term of these Conditions shall be enforceable by a third party
These Conditions and any other provisions which constitute a Contract between the parties in relation to the supply of the Goods shall be governed by and construed in all respects in accordance with the Law.
Last updated 1st May 2023