General Terms and Conditions of Sale
These general terms and conditions of sale ("General Terms and Conditions of Sale") apply to any order you place through the Fair Traders Co-operative (trading as Fair Trader) website at www.fairtrader.info (the "Website"). You must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.
Website Terms and Conditions
Whenever you use this Website to order a Fair Traders Co-operative product or service, our Website Terms and Conditions will apply to your use of the Website in addition to these General Terms and Conditions of Sale. By ordering a Fair Traders Co-operative product or service through the Website, you shall be deemed also to have read, understood and agreed to our Website Terms and Conditions.
Product and service descriptions
We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:
- Orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website
- All prices are displayed in pounds sterling inclusive of UK VAT
- Packaging may vary from that shown on the Website
- The weights, dimensions and capacities shown on the Website are approximate only;
- Whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery
- All items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.
Age restrictions on purchase
The purchase of certain products and services made available on the Website are subject to age requirements specified by law. We are not permitted by law to supply these products or services to individuals who do not satisfy these age requirements and, if you are underage, you must not attempt to order these products or services through the Website.
If you order a product or service as a gift for a friend or relative, we may offer you the opportunity to add a gift message to your purchase. If you choose to use the gift message service, you acknowledge and agree that:
- The gift message service is provided for your own personal and non-commercial use only
- The gift message you instruct us to send on your behalf to a third party will not contain anything which could be construed as harassing, threatening, vulgar, abusive, obscene, defamatory, racist or which may cause embarrassment or distress to any person or which is otherwise unlawful or objectionable
- You will not impersonate any person, including but not limited to any of our employees or customers
- You are entirely responsible for the text and other content of your gift message and Fair Traders Co-operative accepts no liability for any such content
- We do not pre-screen messages, but may monitor content from time to time for the purpose of guarding against unlawful or inappropriate gift message
- We have the right to refuse to send messages and to terminate access to the gift message service at any time and without liability to you.
Acceptance of your order
Please note that completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order will take place only when we dispatch the product(s) or commencement of the services that you ordered from us.
If you supplied us with your email address when entering your payment details (or if you have a registered account with us), we will notify you by email as soon as possible to confirm that we have received your order.
All products that you order through the Website will remain the property of Fair Traders Co-operative until we have received payment in full from you for those products.
During the checkout process, you will be asked to complete your payment details. All fields indicated as compulsory must be completed. Please note that we will collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with The General Data Protection Regulation.
All card payments are subject to authorisation by your card issuer and we take payment when we accept your order shortly before dispatch. If your payment is not received and you have already received the products you ordered from us, you must pay for the products or return those products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect (or arrange for collection) of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.
If we cannot supply you with the product or service you ordered, we will not process your order, inform you of this in writing (including e-mail) and, if you have already paid for the product or service, refund you in full as soon as reasonably possible.
Delivery is free on orders of £50 and over. For orders under £50 the delivery charge will be £4.95. Delivery will be to the address specified in your order.
All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.
We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control.
Delivery charge refunds can only be made in accordance with your legal rights under the Consumer Protection (Distance Selling) Regulations 2000 and other applicable legislation. For further information about your legal rights contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau).
Occasionally, the supply of your product(s) or service(s) may be delayed or prevented for reasons beyond our control – for example, material shortages, import delays or higher than anticipated demand. Where this is the case, we will, of course, make every effort to keep you informed but shall be under no liability to you for such delay or failure.
Your right to cancel
If you are a UK/EU consumer, you have the legal right, under the Consumer Protection (Distance Selling) Regulations 2000 to cancel your order within seven working days following your receipt of the goods. Refunds for orders cancelled under the provisions of the Consumer Protection (Distance Selling) Regulations will be processed in accordance with your legal rights. For further information about your statutory rights, contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau if you are in the UK). If you wish to cancel (or are considering cancelling) a product or service you have ordered from us, please be aware of the following terms that apply:
- Applicability of cancellation rights: Legal rights of cancellation under the Distance Selling Regulations available for UK or EU consumers do not apply to certain products and services (for example food, gifts and personalised items).
Damaged or incorrectly supplied products: You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation and inform us (by post, phone or e-mail only) within seven working days of delivery. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied.
This is not intended to be a full statement of all your rights under the Distance Selling Regulations. Full details of your rights under the Distance Selling Regulations are available in the UK from your local Citizens’ Advice Bureau or your Local Authority’s Trading Standards Office.
We will use reasonable skill and care in fulfilling any order placed by you which is accepted by us. However, we exclude all other representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extend permitted by law and, except where required by law, we will not be liable for any special, indirect, incidental, consequential or economic loss or for loss of profits or revenues howsoever caused arising in connection with any order placed by you.
Notwithstanding the above, our total liability (whether in contract, tort, negligence or on any other basis) to you, for any loss or damage shall be limited to the sums paid or payable for the relevant product or service you ordered from us.
We will not be liable to you where we breach these General Terms and Conditions of Sale due to any cause that is beyond our reasonable control, including acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials; labour, fuel, parts or machinery; power failure or breakdown in machinery.
Nothing in these General Terms and Conditions of Sale shall limit our liability for personal injury or death caused by our negligence or for any other liability the exclusion of which is not permitted by applicable law.
Nothing in these terms will reduce your legal rights relating to faulty or misdescribed goods. For further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
Other important terms
We may update or amend these General Terms and Conditions of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
These General Terms and Conditions of Sale supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.
You may not assign or sub-contract any of your rights or obligations under these General Terms and Conditions of Sale to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these General Terms and Conditions of Sale to any third party at our discretion.
No relaxation or delay by us in exercising any right or remedy under these General Terms and Conditions of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these General Terms and Conditions of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these General Terms and Conditions of Sale shall remain in full force and effect.
Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These General Terms and Conditions of Sale are governed by English law. In the event of any matter or dispute arising out of or in connection with these General Terms and Conditions of Sale, you and we shall submit to the exclusive jurisdiction of the English courts.