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TERMS AND CONDITIONS FOR DISTANCE SALES
Distance Sales
These terms and conditions apply when you, acting as a consumer ("you") order items from us, Questions of Difference Limited ("we" "us" or "our") on-line using the website which we operate from the URL: http://www.cashinonconflict.com ("Website") and /or by telephoning our Customer Services helpline.
If you are a trade buyer or acting in the course of a business please contact our Customer Services team. If you are under 18 you must involve a parent or guardian when making on-line orders or ordering by telephone.
We are an English registered company and this Website and the information and marketing materials contained on it are provided in the English language only. If you do not understand all or any part of these Terms and Conditions, you should contact our Customer Services team and should not use this Website to place orders.
If you choose to access the Website from locations outside the United Kingdom, you are responsible for compliance with local laws if and to the extent they apply.
Accepting these Terms and Conditions
Before placing your order, please read carefully these terms and conditions
and other terms, conditions and policies we may notify you of from time to
time (together and/or separately "Terms and Conditions"). You should
print or download copies of these Terms and Conditions for your future reference.
Together these Terms and Conditions form the entire agreement between us and
you accept and agree to be bound by them when:
in the case of on-line orders, you click the "accept" button; or
in the case of telephone orders, you confirm to a member of our Customer Services team that you agree to be bound by them.
Nothing in these Terms and Conditions affects your statutory rights either as a consumer or otherwise.
Placing Orders
Please ensure the details you provide us with on placing an order are correct
and inform us promptly of any changes to those details (e.g. change of email
or postal address).
Availability and Substitution
We accept orders for items subject to availability. If for any reason the
items you ordered are no longer available we will at our discretion either:
offer you an alternative item of equivalent quality and price (where this is possible); or
cancel the item from your order and where payment has already been deducted from your account give you a full refund in respect of that item.
The Contract Between Us
When you submit an order using the Website or by telephone this is your offer
to us to purchase those items. We accept your order once we have checked
availability and processed the payment successfully. The contract between
us is formed at the point we accept your order, which is as follows:
Acceptance of On-Line Orders
Our third party payment provider "PayPal" will send you an email to acknowledge receipt of your order and on-line payment ("Acknowledgement Email"). We will send you an email to confirm acceptance of your order ("Confirmation Email"). The contract between us is formed at the point we send you a Confirmation Email for those items. If your order contained a number of items and the Confirmation Email mentions only some of them, those items which are not mentioned in the email do not form part of that contract. An invoice and a receipt for the payment will be dispatched to you with the items.Acceptance of Telephone Orders
When you order items by telephone we will send you an invoice. Upon receipt and clearing of a cheque for the full invoiced amount, we will dispatch the items to you. We accept your telephone order at the point of dispatching the items to you.
Delivery
Details of our delivery charges are published on our Website. Items for delivery
to addresses outside the United Kingdom may be subject to import duties
and taxes. You are responsible for paying these taxes and duties. They are
usually levied when the items reach the specified destination. We have no
control over these duties and taxes and cannot predict what they may be.
Please contact your local customs office for further information. Cross-border
deliveries may be subject to opening and inspection by customs authorities.
You are responsible for items you order through our Website or by telephone
and must comply with all laws and regulations of the country in which the
items are to be delivered.
Prices
Items are invoiced at the price prevailing at the time you place your order
and in either GBP sterling, Euros or US dollars, as selected by you at the
time of placing your order. Prices displayed on the Website include Value
Added Tax (where applicable) which will be charged at the current rate as
shown on the on-line order form or if you are placing your order by telephone,
as advised by our Customer Services team. Delivery and packaging is charged
extra. Special delivery rates may apply to items for delivery to addresses
outside the United Kingdom. Please contact our Customer Services team for
details.
Although we try to ensure prices on our Website are accurate, errors may sometimes occur. If we discover an error in the price of items you have ordered we will contact you as soon as possible. You will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
Prices displayed on the Website apply to on-line and telephone purchases only. They are not indicative of the price of identical items purchased in retail outlets or by other means. We reserve the right to update prices displayed on the Website from time to time.
Payment
Payment for on-line orders is handled by our appointed third party payment
provider "PayPal" and you will be transferred to the "PayPal" site
to complete the on-line payment process. You should read and be familiar
with the terms and conditions that apply to the "PayPal" service.
These are available at the point you submit your payment details on-line.
We regret that we cannot accept cheques or cash as payment for orders submitted
on-line
In the case of telephone orders, we can only accept payment by cheque. We regret that we cannot accept credit / debit card details or cash as payment for orders made by telephone.
Receipt of your credit/ debit card details or cheque does not constitute our acceptance of your order. Acceptance of your order occurs as explained in The Contract Between Us section above. You are responsible for ensuring the email address and other contact details you provide to us are correct. We will not be responsible if you do not receive communications from us because the details you have supplied are incorrect or in the event of telecommunication system failures outside our control.
We cannot guarantee the security of data which you send us by email. Please do not send us payment information using email.
Risk and Title
Risk in the items will pass at the time the items are delivered. Ownership
of items delivered will only pass when we receive payment in full of all
sums due in respect of the items (including packing and delivery costs).
If we do not receive payment in full we may, without prior notice, claim
from you any items which have been delivered.
Cancellations and Returns
If at any time after submitting your order on-line or by telephone and up
to seven working days following the date you receive the items from us ("Cooling
Off Period") you decide you no longer want an item, we will give you
a full refund provided:
you notify our Customer Services team at any time before the Cooling Off Period ends by post, fax or e-mail that you wish to cancel the item; and
if the item has already been delivered, it is returned to us unsealed and in an unused condition.
If at the time of cancellation, the item has already been dispatched or delivered to you, you must return the cancelled item to us (at your own cost) in accordance with our returns policy (see the Returning Items section below). Please package the item securely and return it to us together with the original delivery note.
Returning Items
If you wish to cancel an item which you have ordered please notify our Customer
Services team by post, fax or email. As we try to process orders immediately
it may not always be possible to prevent an item from being dispatched.
Where you supply us with supporting receipts we will refund the reasonable
costs you incur in returning the following items to us:
items we delivered to you in error;
items which are faulty or damaged upon delivery;
items which are substitutes for items originally ordered.
In all other circumstances (including where you cancel an item during the Cooling-Off Period) you will be responsible for the cost of returning the item to us. If we do not receive the original item back from you together with the original delivery note, we may arrange for collection of the item from the delivery address and may recover from you the charges (not exceeding direct costs) we incur in doing so.
Until you return items to us you are responsible for their safe keeping
and taking reasonable care of them. We do not accept liability for packages
damaged during transit back to us. It is your responsibility to wrap items
adequately to prevent damage.
You may return items to our Customer Services team at the following address.
Questions of Difference Limited, 17 Pembroke Road, London N10 2HR
Damaged Items
If the items you ordered are damaged upon receipt, provided you inform our
Customer Service team within 30 days of receiving the items (supplying the
reference details shown on the delivery documentation together with details
of the damage) we will send replacements or offer you a refund. We ask that
you return the damaged items to us. To enable us to reimburse the reasonable
costs you incur in returning damaged items we ask that you send us copies
of supporting receipts. Refunds will be credited to the payment method used
to make the original purchase.
Non-Delivery
If the items you ordered are not delivered by the delivery date indicated
please contact our Customer Service team.
Privacy and Communications
When you place orders, we and our appointed third party payment provider,
collect certain personal and transactional information (e.g. name, address,
email address, credit/debit card details). For details on how this information
is used, please read our Privacy Policy. Please also refer to the "PayPal" Privacy
Policy which can be accessed from the secure on-line order form . Unless
we are fraudulent or negligent we will not be liable to you for any losses
caused as a result of unauthorised access to the personal and transactional
information you provide us when placing an order.
To fulfil our obligations to you under these Terms and Conditions we communicate with you by e-mail and by posting notices on the Website. You agree to receive communications from us electronically in this way and that electronic communications will satisfy any legal requirement for communications be in writing.
Losses
We will be responsible for any losses you suffer as a direct result of us
breaching these Terms and Conditions if those losses were reasonably foreseeable
to both you and us at the time the contract between us for the sale of items
was formed (see "The Contract Between Us" section above). We will
not be responsible to you or any third party for any business loss (including
loss of revenue, profits, contracts, anticipated savings, wasted expenditure,
data or goodwill) or any other loss or damage which does not result directly
from our actions or the actions of our appointed sub-contractors or agents,
is consequential or was not reasonably foreseeable to both you and us when
the contract between us was formed.
Our liability to you under these Terms and Conditions will not exceed the total price charged for the items purchased. Nothing in these Terms and Conditions excludes or limits our liability to you for personal injury or death caused by our negligence.
Events beyond our reasonable control
We will not be responsible to you for any delay or failure to comply with
our obligations under these Terms and Conditions if the delay or failure arises
from any cause beyond our reasonable control.
Alterations to this Website and Terms and Conditions
We reserve the right at any time to make changes to the Website, these Terms
and Conditions, our Privacy Policy and other terms, conditions and policies
we may notify you of from time to time. You will be subject to the terms,
conditions and policies in force at the time you order items from the Website
or by telephoning our Customer Services team. Changes which we are required
to make by law could apply to orders which you have already made. If any
of the terms and conditions forming the contract between us are deemed invalid,
void or unenforceable for any reason, they will be deemed severable and
will not affect the validity or enforceability of the remaining terms and
conditions.
Waiver
If you breach these Terms and Conditions and we take no action we will still
be entitled to use our rights and remedies in other situations where you
are in breach.
Governing law and jurisdiction
These Terms and Conditions are governed by and construed in accordance with
the laws of England and Wales. You agree to submit to the non-exclusive
jurisdiction of the English courts, as do we.
Customer Services and Enquiries
Tel: 020 8883 9966
Fax: 020 8442 1010
Email: info@qod.co.uk
Address for correspondence: Customer Services, Questions of Difference Limited,
17 Pembroke Road, London N10 2HR
Our Details
Questions of Difference Limited.
Registered in England : Company Number: 04206061, Registered office address:
3 Tolpuddle Street
London, N1 0XT.
VAT Number: 710376168
Last Updated: September 2006
Copyright © Questions of Difference Limited, 2006. All rights reserved.
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