Conditions of Sale

DEFINITIONS AND INTERPRETATION

1.1    In these Conditions, the words and expressions listed below shall have the following meanings, unless the context requires otherwise:

"Company"

Cambridge Past, Present & Future, a private limited company, incorporated in England and Wales (Reg. No. 239835) with its registered office at Wandlebury Ring, Gog Magog Hills, Babraham, Cambridge CB22 3AE;

"Conditions"

means these terms and conditions of sale relating to the sale of the Goods to the Customer;

"Contract"

means this contract incorporating the Conditions for the sale of the Goods to the Customer;

"Customer"

means the person who has ordered the Goods pursuant to the Contract;

"Goods"

means any goods ordered, supplied or to be supplied to the Customer in terms of the Contract; and

"Website"

means the World Wide Web site known as "Cambridge Past, Present & Future" located at "www.cambridgeppf.org" and "www. cambridgeppf.org.uk" or at such other uniform resource locator(s) as the Company may determine from time to time.

1.2    References to a "person" include any natural person, any legal person, body or organisation incorporated or unincorporated or any other person, body or organisation whatsoever, as the context may require.

1.3    If any of the Clauses, Sub-Clauses or other provisions of this Contract are found by an arbiter, court or other competent authority to be void or unenforceable, such provision shall be deemed to be deleted from the Contract but the remaining provisions of the Contract shall continue in full force and effect insofar as they are not affected by any such deletion.

2.  ORDERS

2.1    The Customer shall be responsible to the Company for ensuring the accuracy of the terms of any order submitted by the Customer. The quantity, quality, and description of the Goods shall be those set out in the Customer's order (if accepted by the Company).

2.2    The Company will always try to ensure that all prices for Goods on the Website are accurate. Occasionally, errors may occur. If there has been an error in the price of Goods that a Customer has ordered the Company will inform the Customer as soon as possible. On these occasions, the Customer can choose to either cancel his order or reorder the Goods at the correct price. If the Company is unable to contact the Customer about an incorrect price we will cancel the order for the Goods. Any payments which have already been made for the Goods will be refunded.

2.3    When the Customer has submitted an order for Goods the Customer will be sent an e-mail by the Company acknowledging the order (although the Company shall not be obliged to accept an order). It will confirm the Company's contact details, the Goods requested, the final cost (including delivery expenses), delivery and invoice details, the existence (if applicable) of your statutory right of cancellation (also see Condition 8.2 below) and details on after-sales services and guarantees. If for whatever reason the order has been unsuccessful the e-mail will inform the Customer of this and if possible offer an explanation.

2.4    No order which has been accepted by the Company may be cancelled by the Customer except with the agreement in writing of the Company and subject to the Customer reimbursing the Company in full against all proper and reasonable losses, charges, and expenses incurred by the Company.

2.5    All Goods advertised on the Website are simply an invitation to the Customer to either make further enquiries to the Company or to make an offer to purchase Goods from the Company. Acceptance of offers to purchase Goods only takes place when the relevant Goods are despatched by the Company and not before.

2.6    No order shall be processed by the Company until the Company has received cleared funds.

3.  SALE AND PURCHASE

3.1    The Company sells and the Customer purchases the Goods in accordance with these Conditions which shall alone govern the Contract.

3.2    The Conditions may only be varied by written agreement with the Company.

4.  PRICE & TERMS OF PAYMENT

4.1    The price of the Goods shall be the Company's price for the Goods as published in the on-line shop on the Website, which price is inclusive of all postage, packaging and delivery (but not re-delivery) charges. The published price for the Goods is exclusive of Value Added Tax.

The Customer shall pay to the Company the price of the Goods together with any Value Added Tax.

4.3    Payment of the price of the Goods is due at the time of the Customer's order.

4.4    Time for payment shall be of the essence.

4.5    No payment shall be deemed to have been received until the Company has received cleared funds.

4.6    In relation to the purchase of all Goods, all credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuing institution refuses to authorise payment to the Company, the Company will not despatch the Goods to the Buyer and the Company will not be liable for any delay or non delivery of orders.

5.  DELIVERY

5.1    Deliveries will be made at the Company's risk by a carrier nominated by the Company.

5.2    Time of delivery shall not be of the essence and any dates quoted for delivery of the Goods are estimates only. If no dates of delivery are specified, delivery will be within a reasonable time and in any event within 30 days. The Company shall not be liable for any loss or damage to the Customer resulting from any delay in delivery of the Goods. The Goods may be delivered by the Company in advance of the quoted delivery date upon giving reasonable notice to the Customer.

5.3    If the Company unreasonably delays in making delivery of the Goods, the Customer shall be obliged to demand in writing the delivery of the Goods. If the Company does not make delivery of the Goods to the Customer within 21 days of the date when such written demand is received by the Company, the Customer shall be entitled to rescind the Contract or any part of it, or purchase any alternative to the Goods.

5.4    If the Customer fails to take delivery of the Goods on the due date of delivery, the Customer shall be liable to pay all proper and reasonable storage and re-delivery charges of the Goods (see the on-line shop on the Website for details) and shall reimburse the Company in full in the event that the Company pays such charges on behalf of the Customer.

6.  RISK, Title & Guarantees

6.1    Risk of damage to, or loss of, the Goods shall pass to the Customer at the time of delivery by the said nominated carrier to the Customer.
6.2    Ownership of the Goods will not pass to the Customer until the Company has received in full (in cash or cleared funds) all sums due to the Company in respect of the Goods.
6.3    Until ownership of the Goods has passed to the Customer, the Customer must (i) hold the Goods on a fiduciary basis as the Company's trustee, (ii) store the Goods (at no cost to the Company) and (iii) maintain the Goods in satisfactory condition.
6.4    The Company will endeavour to transfer to the Customer the benefit of any guarantee or warranty given to the Company by the relevant manufacturer of the Goods.

7.  RETURN OF GOODS & REFUNDS

7.1    The Company will subject to the terms of this Contract, promptly refund all monies paid by the Customer for the Goods which the Company is unable to supply for any reason.

7.2    If the Customer rejects the Goods or refuses delivery for any reason, the Customer shall be responsible for the safe redelivery of the Goods to the Company within 28 days of the date of delivery in accordance with any proper and reasonable advice or instructions provided by the Company. The Customer must also indicate the reason for returning the Goods.

8.  STATUTORY RIGHTS

8.1    The statutory rights of the Customer in the United Kingdom will not be affected by these Conditions.

8.2    Please note that Customers who are 'consumers' have the statutory right within the United Kingdom in certain circumstances to cancel the order for Goods and return certain Goods ordered in exchange for a refund. This statutory right of cancellation starts on the date that the Customer submits an order and expires within 7 working days beginning on the day after the day on which the Customer receives the Goods. This statutory right includes the obligation of the Company to refund the Customer within 30 days if the Customer cancels his order in accordance with the relevant legislation. Please refer to The Consumer Protection (Distance Selling) Regulations 2000 (as amended) for more details.

9.  GENERAL TERMS

9.1    If any of these Conditions are held to be unenforceable or invalid, the validity of the remaining Conditions will remain unaffected.

9.2    No waiver of any right or breach by the Company under these Conditions shall be effective unless in writing and signed by an authorised person of the Company. Any such waiver shall not be construed as a waiver of any other right or breach.

9.3    The Customer shall not assign the Contract to purchase Goods from the Company without the prior consent of the Company.

9.4    The Company shall be entitled to assign and sub-contract the terms of the Contract without the consent of the Customer.

9.5    The construction, validity and performance of this Contract shall be governed by the Law of England & Wales and the English & Welsh Courts shall have non-exclusive jurisdiction in any disputes between the Customer and the Company.

Cambridge Past, Present & Future

www.cambridgeppf.org

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