Terms & Conditions
1. ABOUT THIS DOCUMENT
1.1 What they cover
This document sets out the SchoolQuip.com Website Sale Terms and Conditions (referred to as the sale conditions).
We may change these sale conditions at any time without notice, and any changes will take effect on the date they are posted on our web site. Those changes will not affect any orders you submitted before the change.
1.3 No Application To Catalogue Sales
Note that these sale conditions and the other terms and conditions on this site (including those relating to prices, delivery charges, delivery times and returns policies) are not the same as those which apply to purchases made from other web sites maintained by SchoolQuip.com or to SchoolQuip.com mail order or catalogue sales.
1.4 Exclusion of your terms of purchase
These sale conditions apply to the exclusion of your terms and conditions of purchase.
5. HOW THE CONTRACT IS MADE
5.1 Your order
Your order to us is your offer to purchase the goods on these sale conditions, subject to our acceptance. You are entitled to withdraw your offer at any time up to moment that we accept it.
5.2 Acceptance of your order
Your order is accepted, and the contract is made, when we send you an e-mail acknowledging or otherwise confirming receipt of your order, or if we do not send such an e-mail, when we despatch the goods or the first instalment of the goods to you.
5.3 Declining your order
If we decline your order for any reason we will normally e-mail or telephone you to inform you, and give you our reasons. We will not normally accept any order until we have received pre-payment in full of the price, delivery charges, VAT and other amounts payable in respect of the order, unless you have a credit account with us and have not yet reached any credit limit. Other reasons may include that the price, offer, or product has changed or because any of the goods you have ordered are not available.
6. SALE AND PURCHASE
On acceptance of your order, we agree to sell to you and you agree to purchase from us the goods specified in the contract documents.
The goods will be the make and model of goods specified in the ordering web pages, will correspond to the essential characteristics, description and specification set out in our web site at the time of order. We will not be responsible for variations between the description of the goods on our web site and the manufacturer's specifications, and the latter shall prevail. We will also not be responsible for minor variations in specification, colour or other design features, and no such minor variation shall entitle you to rescind the contract, reject the goods or be the subject of any claim against us.
8. CHARGES AND VAT
You agree to pay the price, delivery charges and any protection plus or other charges stated in the ordering web pages, in accordance with the terms of the contract. The price, delivery charges and all other amounts payable under the contract are inclusive of value added tax which we may charge in addition at the rate applicable from time to time and which shall be payable at the same time as the amount on which it is charged.
9. PAYMENT TERMS
9.1 Payment With Order
Unless credit terms have been agreed, payment of the price, delivery charges, and all other fees and amounts must be made with your order.
9.2 Credit Account
If you have a credit account with us, then the price, delivery charges, and any other fees and amounts must be paid in cash or cleared funds within 30 days from the date of invoice (or such other period we may have agreed in writing with you) of your order. You must pay for what you have been invoiced for regardless of any back orders. You will only be charged for what you have received.
9.3 Payment Methods
We accept payment by all major credit and laser cards, and such other cards as may be stated on our web site from time to time. Payment is deducted when we process your order, if payment is due with order. If credit terms have been agreed, then we also accept payment by cash, cheque, and bank transfer. If you send payment by post, then you take the risk of the post. If your payment cannot be authorised or cleared for any reason we will tell you.
9.4 No Set-off
You must make all payments in full without set-off, deduction, counter-claim, or withholding.
We will make every effort to ensure your delivery arrives on time. Sometimes, due to circumstances beyond our control, deliveries are delayed. Should this happen we will do our level best to get your goods to you as soon as possible and minimise any inconvenience. Unfortunately, we cannot take responsibility for any consequential losses.
All deliveries are free for orders over €100. Orders below this will incur a small delivery charge of €5.95 (Both charges include VAT). Some items may require additional delivery time. If you have any questions about delivery, please call us on 087 382 58 93 and we will be glad to assist you.
10.2 Delivery Address
Delivery will be to the delivery address selected or provided by you in the ordering web pages. If no address was selected, then delivery will to the address at which your payment card is registered, or to any other address you have provided.
10.3 Delivery Days
We only deliver on working days, being Monday to Friday, excluding public and bank holidays, within the working hours specified on our web site (or if not specified, between 9am and 6pm). Any statements as to delivery within a number of days should be read as working days, and if a bank or other public holiday falls within any delivery period then you should allow an extra two working days for delivery. If you order after 12.00 p.m., please calculate your delivery time as if your order had been placed the following working day.
10.4 Delivery Timescales
We will use reasonable efforts to deliver the goods by the delivery dates or within the delivery timescales stated in the ordering web pages, or our standard delivery timescales stated on our web site, if a specific timescale has not been stated in the ordering web pages. However, delays are occasionally inevitable due to unforeseen factors beyond our control and therefore delivery times are not guaranteed. If we do not make a delivery date and we fail to deliver within a further 30 days, then you may cancel the contract and obtain a refund of any amounts you have paid under the contract. This shall be our sole liability and your sole remedy for late or non-delivery.
We may make delivery of the goods by instalments.
10.6 Failure to Receive the Goods
If delivery is attempted within our stated delivery hours and you are not present to collect the goods or you unreasonably refuse to take delivery of the goods, then we may charge you our reasonable costs of returning the goods to the depot, our reasonable costs of storage, and our reasonable charge for re-delivering the goods at another time. We will give you the option of collecting the goods from our depot or requesting further delivery attempts (at reasonable charge). We will store the goods for a maximum of 2 weeks, after which we may sell the goods.
10.7 Delivery Note
All deliveries must be signed for before our carrier will release them to you. Signing for delivery is for simple proof of receipt purposes and will not affect any of your other rights.
10.8 Inspection on delivery
When you receive the goods you should immediately inspect them for damage and faults, and you should inform us by end of the following working day if you do not consider that you have received the goods you ordered, and within 10 working days of receipt of the goods if you consider that the goods are faulty or damaged, otherwise the goods will be considered to have been correctly delivered, free from damage or faults and in good working order. This will be without prejudice to any damage or fault you could not have discovered on reasonable inspection of the goods.
Risk in the goods shall pass to you on delivery.
10.10 Retention of Title
Title to the goods passes to you on delivery, unless the price or any other amount payable by you is outstanding at delivery, in which case title is retained by us until you have paid in full the price and all other amounts payable under the contract. You agree that we may still sue for the price, notwithstanding that title has not passed. You also agree that your right to possession and use of the goods shall cease if any amount payable by you under the contract becomes overdue, or you enter into liquidation or administration, and that we shall be entitled to enter any premises where the goods are kept for the purposes of repossessing them.
11. CANCELLATION RIGHT
11.1 Your right to cancel
To enable you to have a reasonable opportunity to try out the goods, we give you the right to cancel the contract in accordance with the following terms. You can do this by giving us notice before you receive the goods, or by giving notice no later than 30 days after the day you received the goods. We reserve the right to refuse a cancellation in our sole discretion if we believe in our reasonable opinion that this right is being abused (such as you are not genuinely using it just to evaluate the goods).
11.2 When do I receive my refund?
If you decide to cancel, we will refund you within 30 days of the date that you cancel, or if later, within 30 days of return of the goods to us, less any direct costs in recovering the goods which we are entitled to charge you, and less any other amounts that we are entitled to charge you. We will not be required to refund any charge you paid for any extended cancellation period, extended warranty or enhanced rights over those set out in these Business Web Sale Conditions, or any delivery charges, and associated VAT.
12 LIMITATION OF LIABILITY
12.1 Meaning of "liability"
In the contract, references to our "liability" shall be to our liability to you for breach of the contract, our liability to you for negligence, breach of statutory duty, tort, or accidental or negligent misrepresentation, and any other liability we may have to you whatsoever and howsoever arising under, in connection with, or in the course of performing, the contract, or in connection with the goods.
12.2 Liability Not Limited
We do not limit or exclude our liability to you for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or to refund any payments made by you under the contract.
12.3 Excluded Types of Loss
We shall have no liability to you for: loss of revenue, bargain, profit, anticipated savings, contract, business, expectation, use, production, or goodwill; any costs, expenses, liabilities, or commitments waste, suffered, incurred or entered into in reliance on the contract; any costs of purchasing substitutes or replacements for the goods elsewhere; any special, indirect or consequential losses; your liability to any third party; or loss or damage suffered by any third party.
12.4 General Limitation
Our total liability for all events giving rise to liability to you in aggregate shall be limited to an amount equal to the price, delivery charges and other amounts payable by you under the contract.
13. SchoolQuip.com RIGHT TO CANCEL OR VARY
(a) we are not able to supply any of the goods for genuine reasons beyond our control, for instance, because we did not have the goods in stock, or sufficient goods in stock to meet all our orders, and we are not able to obtain the goods from our suppliers at all or in time to meet the delivery timescales; or
(b) our web site and/or ordering web pages contained any error, including in relation to the description or price of any of the goods; or
(c) if any of the goods are not in stock or insufficient goods are in stock to meet all our orders and cost of acquiring the goods to supply to you is higher than when your order was submitted or the cost of delivery is higher than when your order was submitted,
we shall be entitled to cancel the contract as a whole or in respect of those goods, in which case we will offer you a full refund, and we may also at the same time give you an offer to continue with your order subject to variations, or give an alternative offer, in which case we will identifying any changes to the goods, the price and delivery charges, and delivery timescales, and we will state how long that offer will remain open. These will be your only remedies and claims against us in such circumstances.
14. Law and Jurisdiction
The contract shall be governed by the laws of the Republic of Ireland and the courts of the Republic of Ireland shall have exclusive jurisdiction.
Every effort is made to prevent any posting errors on this website. Should one occur, we would advise you when ordering and proceed with the correct details. We try to ensure that we have adequate stocks of all regular and promotional products. However we may at times need to substitute or withdraw promotional items. Substitutions will be of an equal or higher value. We will endeavour to advise you at the time of ordering. The prices set out in this website are correct at the time of posting. We reserve the right to change prices, offers and promotions without notice. This does not affect our returns guarantee. All prices in catalogues are shown including VAT.