TERMS & CONDITIONS FOR THE SALE OF PRODUCTS & SERVICES

BY

THE SOUTH WEST GRID FOR LEARNING TRUST ("SWGFLT")

 

BACKGROUND

 

We are SWGFLT, a charitable Trust Company registered in England (Company number 5589479; Charity number 1120354), whose registered office is at SWGFLT Project Office, Belvedere House, Woodwater Park, Pynes Hill, Exeter, EX2 5WS, United Kingdom.

 

This page tells you information about us and the legal terms and conditions ("Terms") on which we sell any of the products ("Products") listed on our online store ("our site"), which can be accessed at http://www.swgflstore.com/, to you.  When we use the term Products (such as our Early Years Online Safety toolkit or Boost E-Safety package) it also refers to our services (such as our E-Safety Days or Online Safety Audit) and other resources.

 

These terms and conditions will apply unless the process of purchasing particular Products takes you to a different set of terms and conditions, in which case those terms and conditions will set out the basis on which SWGFLT is willing to provide those Products (an example of this is our Product called WHISPER, details of which can be found at www.swgflwhisper.org.uk).  Apart from that, these Terms will apply to any contract between us for the sale of Products to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.  Please note that before placing an order you will be asked to agree to these Terms.

Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.

 

You should print a copy of these Terms or save them to your computer for future reference.

 

We amend these Terms from time to time as set out in clause 5. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

 

These Terms, and any Contract between us, are only in the English language.

1. Information about us

 1.1.        SWGFLT is a charitable trust established amongst other things to advance education and or advance health and the saving of lives though any means relating to the effective and safe use of information and communication technologies.

 1.2.        In furtherance of those objects, SWGFLT provides numerous products and services to you via an online store, including online safety toolkits, resources, services, products and support, all of which are more particularly described and available for purchase via the SWGFLT store which can be accessed at http://www.swgflstore.com/

 1.3.        These terms and conditions set out the basis on which SWGFLT is willing to provide these products and services to you via SWGFLT's online store at http://www.swgflstore.com/

 1.4.        SWGFLT will only accept an application from you to purchase any of these Products if it accepts these terms and conditions.

 1.5.        These terms and conditions will apply unless the process of purchasing particular Products takes you to a different set of terms and conditions, in which case those terms and conditions will set out the basis on which SWGFLT is willing to provide those Products (an example of this is our Product called WHISPER, details of which can be found at www.swgflwhisper.org.uk).  Apart from that, these Terms will apply to any contract between us for the sale of Products to you ("Contract").  Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.  Please note that before placing an order you will be asked to agree to these Terms.

 

2. Our Products

 2.1.        All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

 

3. Your Legal Rights

 3.1.        You have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

 3.2.        If you have any questions regarding the nature or quality of any of our Products purchased by you, please contact SWGFLT on 0845 601 3203 or by emailing esafety@swgfl.org.uk and we will be more than happy to try to resolve any issues that you may have.

 

4. How the contract is formed between you and us

 4.1.        Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

 4.2.        We will confirm our acceptance of your order by sending to you a confirmatory e-mail.  Depending on the nature of the Product(s) you have ordered, the content of this email will differ.  For example, where the Product(s) you have ordered must be delivered to you, the email will confirm that the Products have been dispatched (Dispatch Confirmation),. Other forms of confirmation may include online access details to the Product you have ordered, or for services requiring personal delivery confirmation that we will visit you on a certain date. The Contract between us will only be formed when we send to you this confirmatory email.

 4.3.        If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 7.4, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible or indicate when the Products will next be available.

 

5. Our right to vary these terms

 5.1.        We may revise these Terms from time to time in the following circumstances:  

  5.1.1.   changes in how we accept payment from you; 

  5.1.2.   changes in relevant laws and regulatory requirements;

 5.2.        Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

 5.3.        Whenever we revise these Terms in accordance with this clause 5, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

 

6. Your right of return and refund

 6.1.        You have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 6.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.

 6.2.        Your legal right to cancel a Contract starts from the date of the confirmatory email (e.g. Dispatch Confirmation), which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel ("Refund Period"), starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.

 6.3.        For some of our Products that you purchase, we may offer a longer Refund Period.  Should this be the case, the longer Refund Period will be specified in any Terms & Conditions specific to that Product and/or on the relevant Product page of the SWGFLT Online Store. Apart from that, the Refund Period for any of our Products purchased by you will operate as set out above in clause 6.2.

 6.4.        To cancel a Contract, you should contact us in writing to tell us by sending an e-mail to esafety@swgfl.org.uk or by sending a letter to SWGfL, Belvedere House, Woodwater Park, Pynes Hill, Exeter, Devon, EX2 5WS. Alternatively, please contact SWGFLT on 0845 6013203. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. [If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.]

 6.5.        You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 6.3. If you returned the Products to us because they were faulty or mis-described, please see clause 6.5.

 6.6.        If you have returned the Products to us under this clause 6 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

 6.7.        If the Products were delivered to you:

  6.7.1.   you must return the Products to us as soon as reasonably practicable. If the Products require collection, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;

  6.7.2.   unless the Products are faulty or not as described (in this case, see clause 6.5), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you.

  6.7.3.   you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

 6.8.        Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.

 6.9.        As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 6 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

 

7. Delivery

 7.1.        Where your order requires us to arrange for the delivery of your Products to you, your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.

 7.2.        Delivery will be completed when we deliver the Products to the address you gave us.

 7.3.        The Products will be your responsibility from the completion of delivery.

 7.4.        You own the Products once we have received payment in full, including all applicable delivery charges.

 

8. Price of products and delivery charges

 8.1.        The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 8.4 for what happens in this event.

 8.2.        Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation or other form of confirmation where applicable.

 8.3.        The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

 8.4.        Where applicable, the price of a Product does not include delivery charges.

 8.5.        If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order where there is an error in the price of the Products you have ordered until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that, where the pricing error results in a lower price and is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

 

9. How to pay

 9.1.        You can only pay for Products directly through our online store using a debit card or credit card. We accept the following cards: VISA, Mastercard, Maestro, Cirrus.

 9.2.        If you are unable to pay for Products by debit or credit card, we can arrange other methods of payment (for example, we can send to you an invoice for the costs of your order).  However, please note that payment for the Products and all applicable delivery charges is in advance and we will not fulfil your order until we have received payment in advance from you. .

 

1. Trial Period

 10.1.     From time to time, we may offer some of our Products (for example, our SWGFLT BOOST service) on a gratuitous basis for a set period of time ("Free Trial").  To sign up to a Free Trial, we may require you to provide us with details of your chosen form of payment should you wish to purchase the full Product at the end of the Free Trial (e.g. your debit or credit card details).

 10.2.     Following the conclusion of a "Free Trial" period of any of our Products, we will automatically charge you for the full purchase amount of that Product (for example, by invoicing or charging your nominated credit or debit card), unless we have been notified  by you that you do not wish to purchase the full Product before the conclusion of the "Free Trial" period.

 

1. Our liability

 11.1.     If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

 11.2.     We do not in any way exclude or limit our liability for:

  11.2.1. death or personal injury caused by our negligence;

  11.2.2. fraud or fraudulent misrepresentation;

  11.2.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

  11.2.4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

  11.2.5. defective products under the Consumer Protection Act 1987.

 

2. Events outside our control

 12.1.     We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 12.2. 

 12.2.     An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport].

 12.3.     If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

  12.3.1. we will contact you as soon as reasonably possible to notify you; and

  12.3.2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. 

  12.3.3. We will update you as to when we are able to fulfil our obligations under a contract following the conclusion of the Event Outside Our Control.  Where necessary, we will arrange with you a new date for fulfilment of our obligations under a Contract (for example, where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over).

 

3. Communications between us

 13.1.     When we refer, in these Terms, to "in writing", this will include e-mail.

 13.2.     If you are a consumer:

  13.2.1. To cancel or change a Contract, please call SWGfL on 0845 6013203 or sending an email to esafety@swgfl.org.uk or by writing to us at SWGfL, Belvedere House, Woodwater Park, Pynes Hill, Exeter, EX2 5WS, UK.  You may wish to keep a copy of your cancellation notification for your own records.  Your cancellation is effective from the date you sent us the e-mail or posted the letter to us.

  13.2.2. If you wish to contact us in writing for any other reason, you can send this to us by email (esafety@swgfl.org.uk) or by pre-paid post To The South West Grid For Learning Trust, Belvedere House, Woodwater Park, Pynes Hill, Exeter, Devon, EX2 5WS. You can also contact SWGfL on 0845 6013203.

 13.3.     If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

 

4. Other important terms

 14.1.     We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.

 14.2.     This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

 14.3.     Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

 14.4.     If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 14.5.     Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales can hear a dispute or claim relating to a contract. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.