Terms & Conditions of Sale

Terms & Conditions of Sale

Version 5, Last updated 01/04/2017

(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 from our website. 

(2) Interpretation

In these terms of sale, “we” means Ecofranking [a trading name of CW Business Group 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) Order process

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, you will need to take the following steps: (i) you must add any the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale; (iv) you will be transferred to the Sage Pay website, and Sage Pay will handle your payment; (v) we will then send you an initial acknowledgment; and (vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

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.

The only language in which we provide these terms of sale is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors by carefully checking your entire order at the order confirmation stage of the checkout process.  You may correct those input errors before placing your order by returning to the shopping cart (to remove products from your order) or returning to the product listings (to add products to your order). You should then restart the checkout process.

(4) The products

The characteristics of the products on our website are fully described on their respective individual product pages. We may update the product pages from time to time, without notifying you of the changes. Therefore, where appropriate (for example if placing an order), you should print a copy of product descriptions for your records.

(5) Price and payment

Prices for products are quoted on our website.  The website contains a large number of products and 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 we accept your order and send your order confirmation.

In addition to the price of the products, you may have to pay a delivery charge, which will be as stated 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.

The prices on the website exclude all value added taxes, unless indicated otherwise.

Payment for all products must be made by credit / debit card OR any method detailed on the website from time to time.

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

If you are a business customer, then from time to time we may agree to open an account for you, enabling you to pay in arrears. Where you hold an 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. Accounts will be subject to such credit limits as we may notify to you from time to time. 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 4% 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.

(6) 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.

(7) Delivery policy

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

We will use reasonable endeavours to deliver products on or before the date for delivery set out in 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.

(8) 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).

Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee, and if you are a business customer you must store the products separately from other goods and ensure that the products are clearly identifiable as belonging to us.

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

(9) Returns policy

This Section applies to business customers and consumers.

You may cancel a contract to purchase a product or products at any time within 14 days of receiving the goods (subject to the limitations set out below). 

We believe that you will be delighted with your order but there may be occasions where you feel it necessary to return an item.

If you wish to return any or all of the items from your order, for any reason, you must notify us within 14 days of receipt of the goods. All goods must be returned to us complete with their original, unopened packaging, documentation and manuals for a refund within 14 days of notifying us of your intent to return the goods. Please note we do not refund postage for all non warranty returns. Please contact us by email sales@ecofranking.co.uk to inform us of your wish to return the goods and obtain a returns number. Goods are not sold on a trial basis.

You are responsible for the goods until they are restored to us, and must ensure you take reasonable care of them, returning them to us at your expense. If in doubt, please phone or email for advice before returning an item to us. We strongly recommend that all returns are registered and insured when sent as we unable to compensate for lost or damaged parcels. 

Our return address is Ecofranking, Unit 1, Station Yard Workshops, Alston, Cumbria, CA9 3HN (Please enclose a copy of our delivery note or invoice within the returned goods)

Once we receive all of the returned items, we will refund your original purchase method and you will be notified by email that this has been done. This is usually done within 5 days of receiving the returned goods back.

Please note for goods that have been opened or where labels have been torn, tags (if applicable) have been removed, inks or labels have been inserted in a franking machine at no fault to us so overall the value of the goods have been diminished. We will be within our rights to refuse the returned goods and they will be sent back to the customer at their own expense or a re-stocking fee will be charged up to the value to rectify the damage.
 
Faulty Goods - In the unlikely event your ordered goods are faulty please contact Ecofranking by email sales@ecofranking.co.uk to inform us. We will endeavour to rectify the situation straightaway and will arrange a replacement or refund depending on the situation once the goods have been returned. We will always work with you and the manufacturer whose warranty is in place to achieve a satisfactory solution to any faults you may have for a period of 12 months after purchase.

(10) Consumers: statutory rights

Nothing in these terms of sale affects any statutory rights you may have as a consumer.

(11) Business customers: limitation of warranties

This Section applies only to business customers, not consumers.

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

(a) conform in all material respects to any applicable specification of such products published on our website; and

(b) be free from material defects in materials and workmanship for a period of 1 year from the date of delivery of the products.

These terms of sale set out the full extent of our obligations and liabilities in respect of the products supplied to business customers hereunder. To the maximum extent permitted by applicable law and subject to the first paragraph of Section 15, all conditions, warranties or other terms concerning the products which might otherwise be implied into a contract with a business customer under these terms of sale are expressly excluded.

(12) Force Majeure
 
In this Section and Section 13 below, “force majeure event” means:

(a) any event which is beyond our reasonable control;

(b) the unavailability of raw materials, components or products; and/or

(c) power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.

Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.

If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith.

We will take reasonable steps to mitigate the effects of the any force majeure event.

(13) Limitations of Liability
 
Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; or (iii) 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) we will not be liable for any losses arising out of a force majeure event;

(b) we will not be liable in respect of any defect in the products arising from fair wear and tear, 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; and

(c) if you are a business customer: (i) our liability in connection with any product purchased through our website is strictly limited to the purchase price of the relevant product; and (ii) 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.

(14) Business Customers: Indemnity

If you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.

(15) Contract Cancellation
 
We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to use under the contract, or commit any material breach of your obligations to us under the contract.

If you are a business customer, we may cancel a contract to supply products made under these terms of sale if:

(a) you cease to trade;

(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;

(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;

(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented or some or all of that your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or

(e) any process is instituted which could lead to you being dissolved and its assets being distributed to its creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction).

(16) Consequences of Cancellation
 
Upon the cancellation of a contract in accordance with Section 15:

(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c) all the other provisions of these terms of sale will cease to have effect, except that Sections 8, 9, 11, 13, 14, 16, and 18 will survive termination and have effect indefinitely.

(17) Scope of these Terms of Sale
 
These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.
 
(18) General Terms
 
Images of products on our website are for illustrative purposes; actual products may differ from such images.

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 13: 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.

(19) About Us
 
Ecofranking is a trading name of CW Business Group Limited, registered in England and Wales no. 06985638.

Our registered office is Unit 1, Station Yard Workshops, Alston, Cumbria, CA9 3HN, United Kingdom. 

Our email address is sales@ecofranking.co.uk
 
Our VAT number is GB 980 6830 92