Terms and Conditions
BASIS OF SALE
All Customer Orders will constitute an offer to buy Goods or provide Services which The Consortium for Purchasing and Distribution Limited (trading as "Consortium") may accept or decline, subject to these Terms & Conditions of Sale ('Terms & Conditions'). The Contract will constitute the entire understanding between Consortium and the Customer. These Terms & Conditions take precedence over any previous Terms and Conditions of Consortium, and exclude any others stipulated or incorporated or referred to by the Customer, whether in the Order or any course of dealings established between Consortium and the Customer, unless agreed in writing by an authorised representative of Consortium. Products are not intended for resale. Consortium reserves the right to refuse orders from dealers and distributors. Consortium cannot accept orders from individuals under the age of 18.
Every care is taken to ensure that illustrations and descriptions are as accurate and informative as possible.
Consortium reserves the right to change the design, specification and source of supply as necessary. In such cases every reasonable effort will be made to supply Goods of equal or better quality. Colours shown in the electronic or printed Catalogue should be used as a guide only as variations due to photography and publishing can occur. Any typographical, clerical or other error or omission in any published Catalogue, sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Consortium will be subject to correction without any liability on the part of Consortium.
If an error is found, Consortium will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, Consortium will refund or credit you for any sum that has been paid by you or debited from your credit card for the goods.
All furniture dimensions quoted are as accurate as possible but please allow a 10mm leniency. All upholstered swatches within the furniture section namely 'essentials' and 'inspired' have been discontinued by industry suppliers in 2017 hence alternative options have been selected and will differ slightly from the products previously provided.
All Prices are quoted in UK pounds sterling. It is Consortium's policy to try to maintain prices during the valid period of the electronic or printed Catalogue. However, Consortium reserves the right to amend prices without prior notice at any time. All published prices are exclusive of:
- any applicable VAT unless stated otherwise. This is chargeable on all Goods at the current rate at the date of despatch.
- any applicable bank charges, which will be added to the total amount due.
For international destinations, the Price will be exclusive of delivery charges (including but not limited to carriage, freight and insurance). Consortium may invoice you for delivery charges on a separate invoice to the initial Order. Additionally, for international destinations, unless otherwise agreed in writing between the parties in accordance with Incoterms 2010, the Price will be exclusive of any applicable import duties and taxes, which are levied once the Goods reach the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
Certain products are protected from the application of discounts or special offers and these are highlighted in our catalogue and on our website. In addition, some products are priced for education customers only and will be clearly marked, and some products are subject to availability and prices may fluctuate; please check online for the latest prices.
A £35 administration fee will be added to each order made for the exercise book overprinting service. Minimum of 10 boxes required. Delivery times within the UK expected within 10 working days from confirmation of the Customer's requirements and will be co-ordinated as part of the Customer's order and delivery times to the Customer will be advised by Customer Services.
PRICE MATCH GUARANTEE
In the event that the Customer finds the same item in any other current Business to Business mail order catalogue at a lower price, Consortium will match that price, subject to the following conditions:
The price must be a current published price, be generally available to all business customers and based on the same purchase quantity. Proof of pricing must be provided in the form of photocopy or fax and dated catalogue pages. Consortium may wish to verify any such prices with the vendor. The item's price must be inclusive of any delivery and administration charges and be available on similar credit terms. In the event that the Customer's order has already been processed, then Consortium will issue a credit against the Customer's account for the agreed difference in price. Claims must be made on an individual basis per order and are not ongoing.
Any agreed price match is applied on an order by order basis and does not represent an ongoing commitment.
PACKING & DELIVERY CHARGES
Orders for both Stock and Non-Stock items for delivery in the mainland UK or the Isle of Wight are normally inclusive of any standard delivery charges. Certain Non-Stock Items may be subject to an additional delivery charge, as indicated on the relevant page of the Catalogue, online or as advised by Consortium when the order is placed. Mainland UK does not include Northern Ireland, The Scilly Isles, The Scottish Isles, The Isle of Man, The Channel Islands and the rest of the World.
Any dates quoted by Consortium for the delivery of Goods are approximate only and Consortium shall not be liable for any delay in delivery beyond the reasonable control of Consortium. Deliveries shall be made by Consortium or an appointed third party to a ground floor covered site. Please note this does not apply to pallet deliveries when the customer will be responsible for moving and unpacking the order and disposing of the pallet. Where the Customer requires delivery to be made other than to a ground floor covered site, the Customer shall advise Consortium accordingly at the time of placing the Order. Consortium may make additional charges for delivery other than to the ground floor and the Customer will be liable for such additional charges. Any special delivery instructions must be clearly set out by the Customer on the Order.
All deliveries should be checked against the advice note, which should be signed to confirm receipt of goods. Any discrepancies should be notified to Enquiries within 7 days of delivery, except where deliveries were made direct by suppliers when discrepancies must be notified to Consortium within the period specified on the supplier's delivery note and no later than 7 days from the date of delivery.
Consortium reserves the right to charge a redelivery cost when a delivery made on a day arranged with the Customer has been refused or not been possible. Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract. Failure by Consortium to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Customer in respect of any one or more of the instalments shall not entitle the Customer to treat the Contract as a whole as repudiated.
Under regulations governing United Kingdom trade and by virtue of our agreements with suppliers, Consortium requires to be pre-notified of shipments outside the United Kingdom. The Customer is required to obtain all necessary licences at the time The Customer places the Order. Delivery of Goods is subject to all such authorisations being available at the time of delivery. In accordance with Incoterms 2010, Consortium's standard trading terms are FCA Consortium Warehouse UK (similar to Ex Works Incoterms 2000). If the Customer needs clarification on when the risk passes to the Customer as the buyer, please contact us. Any other Incoterms must be agreed in writing. Please contact us if you require a quote for delivery. Delivery lead times to international addresses will vary according to destination and mode of transport. If delays occur for any reason Consortium will make every effort to keep you informed.
DATA PROTECTION & CONFIDENTIALITY
In the Contract, the terms data controller, data processor, personal data, sensitive personal data and processing shall be as defined in the European Data Protection Directive 95/46/EC and "Data" shall mean the personal data and sensitive personal data provided to Consortium in connection with the Contract. "Data Protection Law" means applicable data protection legislation implementing the European Data Protection Directive 95/46/EC and any amendments, revisions, re-enactments or consolidations thereof.
The Customer acknowledges that it is a data controller and that Consortium is a data processor.
- use the Data only on the Customer's instructions as set out or referred to in the Contract to provide the services;
- provide appropriate technical and organisational measures to protect the security of the Data, in particular against unauthorised or unlawful access or processing, alteration, accidental loss or destruction of or damage to the Data; and
- take all reasonable steps to ensure the reliability of any of its staff who have access to Data processed in connection with the service.
The parties acknowledge that Consortium's provision of the service under the Contract may require the transfer of Data to Consortium's sub-contractors (including RM group entities) ("Recipients") outside the European Economic Area in countries which have not been approved by the European Commission as having adequate protections in place for the purpose of the transfer of personal data. Consortium will be permitted to transfer Data to such Recipients provided that Consortium shall have entered into an agreement with the relevant Recipient based upon standard contractual clauses approved by the European Commission for transfers of personal data to processors outside of the European Economic Area and which agreement shall include security obligations on the Recipient which are no less onerous than those contained in the Contract.
The parties also acknowledge that Consortium may also use services and/or products from other third parties in order to provide the services under the Contract and that, in doing so, Consortium may transfer Data to such third parties. This may include (by way of example only) third parties that provide online storage and other facilities. If Consortium becomes aware of any such third party wishing to transfer Data outside the European Economic Area, Consortium shall request that the third party enters into an agreement of the sort noted in the clause above.
The Customer agrees to comply with its obligations under Data Protection Law in relation to its collection, processing and provision of Data to Consortium in connection with the services provided under the Contract.
The Customer shall indemnify and hold harmless Consortium against all costs, claims, losses, damages and expenses (including legal expenses) arising out of, or in connection with, any breach of this clause by the Customer and/or its employees, agents and/or sub-contractors.
The Customer acknowledges that Consortium is reliant on the Customer for direction as to the extent to which Consortium is entitled to use and process the Data. Consequently, Consortium will not be liable for any claim brought by the Customer or any data subject arising from any action or omission by Consortium to the extent that such action or omission resulted from the Customer's instructions.
CREDIT REFERENCE AGENCIES
If the Customer applies for a credit account we may obtain information about the Customer from a credit reference agency to check credit status and identity. The agency will record our enquiry and this may be seen by other organisations who also make enquiries about the Customer. We may use credit scoring in making decisions about the Customer's application.
Customers who are individuals have a legal right to receive, direct from the credit reference agency, a copy of the personal data about them, held by the credit reference agency (for a fee of £2.00) and to have errors corrected. Contact details of credit reference agencies which we use will be provided on request.
COMMUNICATIONS WITH CUSTOMERS
As part of Consortium's commitment to quality it is possible that telephone calls may be recorded for monitoring purposes. Any recordings will be used for this purpose and no other.
CANCELLATIONS & RETURNS
Customers must contact Consortium within fourteen (14) days of delivery to obtain authorisation to return any Goods. Goods returned by the Customer without prior authorisation will not be credited. Consortium reserves the right to charge the Customer up to 20% of the full price to cover any collection and restocking costs it may incur as a result of a customer ordering error. Customers must return all products unused and in their original boxes and packaging, including any manuals, software or accessories supplied with the products. Computer software and consumables (discs, cartridges, cassettes etc) can only be returned if the original packaging is unopened and any seals intact. Failure to follow these guidelines may invalidate any claim. Consortium cannot accept returns on certain products that are made to order, assembled prior to delivery or assembled and installed, unless they are faulty, and all crockery items. Items affected by this exception are indicated on the relevant page of the Catalogue.
- If you cancel the Order in accordance with clause a., you must contact our customer services team no later than fourteen (14) days from delivery of the Goods for us to agree to arrange return of the Goods. All Goods must be unused and in their original boxes and packaging, including any manuals, software or accessories supplied with the Goods. You should send the Goods back by following the instructions given to you no later than fourteen (14) days from the day on which you communicated your cancellation to us.
- Clause a., above does not apply to our resellers or our international customers. Instead, you may cancel the Order before despatch of the Goods. Consortium shall be entitled to charge you a cancellation and restocking fee of up to, but not greater than, the total Order value, which Consortium shall confirm to you shortly after the time of cancellation. Once the Goods have been despatched, the Order cannot be varied or cancelled.
- If Consortium refunds monies to you, we will usually refund you by the method of payment you used, for example, if you paid for the Goods by Bank transfer, we will ask for your Bank details so we can refund you by Bank transfer. If you used vouchers to pay for the Goods we may refund you in vouchers.
Returns of the Goods will not be accepted in the following circumstances: 1. the Goods were made to your own specification, personalised or customised, or configured to order; 2. audio or video recordings that have been unsealed; or 3 open packaged software or pre-loaded / downloaded software licences.
DAMAGE IN TRANSIT
We will accept responsibility for damage, storage or loss in transit only if:
- The Customer reports the damage or loss within fourteen (14) days of receipt of the Goods. Failure to notify Consortium within fourteen (14) days of receipt will invalidate any claim with regard to the Goods;
- Such loss or damage is noted on the consignment note or delivery document upon receipt;
- The packaging of the damaged item is retained for inspection; and
- The Goods are handled by you in accordance with our, or the carrier's, conditions of carriage or handling stipulations. Note this clause does not affect the point risk transfers from us to you in accordance with the Delivery clause above.
In the event products are out of stock Consortium reserves the right to substitute equal or higher quality products and this will be notified on the documentation. Such alternative product may affect the price the customer pays. In the event the substitute is not acceptable to the Customer, Consortium will accept the return and refund providing the goods are unused and in original packaging.
Consortium cannot guarantee the availability of all products. The information provided on the website or in a Catalogue is for reference only, and is not intended to guarantee the availability of a product.
OWNERSHIP & RETENTION OF TITLE
Risk of damage to or loss of the Goods shall pass to the Customer on delivery of the Goods to the Customer or in accordance with the Customer's instructions. Consortium shall not be liable for damage to Goods occurring after delivery to the Customer or for damage occurring during carriage where the Customer or the Customer's appointed carrier transports the goods.
Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Customer until Consortium has received in cash or cleared funds payment in full of the Price of the Goods and all other goods agreed to be sold by Consortium to the Customer for which payment is then due.
Until such time as the property of the Goods passes to the Customer, the Customer shall hold the Goods as Consortium's fiduciary agent and bailee, and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as Consortium's property. Until such time as the property title of the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), Consortium shall be entitled at any time to require the Customer to return the Goods to Consortium and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods. The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Consortium, but if the Customer does so all monies owing by the Customer to Consortium shall (without prejudice to any other right or remedy of Consortium) forthwith become due and payable.
Consortium reserves the right to sub-contract any of its rights and obligations under the Contract.
PAYMENT TERMS - CREDIT ACCOUNT HOLDERS
This shall only apply to credit account holders. UK Customers holding approved credit account facilities with Consortium must pay within 21 days from the date of invoice unless otherwise agreed. Customers should allow 7 days for normal banking and postal delays when making payment.
Failure to comply with the Conditions may result in the withdrawal of credit account facilities and any sums outstanding will then become payable immediately.
Consortium reserves the right to charge interest on all overdue balances on credit accounts at a rate of 4% above RBS plc base rate, accruing daily.
In the event that the account is passed to a third party for collection of outstanding balances, Consortium will claim reimbursement of all costs incurred in that collection from the Customer. Periodic reviews will be carried out on credit account activity. Dormant credit accounts or credit accounts with continuous late payment may be closed. Credit accounts may only be reopened on a new application. Consortium reserves the right to request a non-refundable deposit. The Customer will be advised at the point of order should this term apply.
If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to Consortium, Consortium shall be entitled to:
Cancel the Contract or suspend any further deliveries to the Customer; and/or appropriate any payment made by the Customer to such of the Goods or Services (or any Goods or Services supplied under any other Contract between Consortium and the Customer) as Consortium may think fit; and charge the Customer interest on the amount unpaid at the rate of 4% above the RBS plc base rate, accruing daily.
PAYMENT TERMS - NON CREDIT ACCOUNTS
All Customer payments shall be made in UK pounds sterling. In the case of credit card or debit card or purchasing card transactions, the Customer shall pay the Price of the Goods or Services by such cards at the time of placing the Order and Consortium shall be entitled to recover the Price. No Order will be fulfilled until the full payment amount has been authorised by the appropriate credit, debit or purchasing card service provider.
Eligible bodies such as Registered Charities may be subject to VAT exemption on goods to be used as medical devices/aids. A written VAT exemption declaration must be submitted at the time of ordering to qualify for VAT exemption.
WARRANTIES AND LIABILITIES
Consortium warrants that the Goods are of satisfactory quality and that the Services will be provided with reasonable care and skill. Consortium shall not be liable for any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by Consortium, failure to follow Consortium's instructions or any alteration or repair carried out without Consortium's approval. If the Goods supplied to you develop a defect or you have any other complaint about the Goods or the Services, you should notify Consortium in writing at Hammond Way, Trowbridge, Wiltshire, BA14 8RR. This does not affect your statutory rights. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from this Contract.
Consortium shall not be liable pursuant to the contract for any loss of profit or goodwill or from any type of indirect, incidental, special, consequential or exemplary loss, damage, costs or expenses (even if Consortium has been advised of the possibility of such damages). Regardless of any statutory or other limitation periods any claim or cause of action arising in connection with this Contract, other than a Consumer's statutory rights which shall not be so restricted, must be issued within one (1) year after such claim or cause of action arose (failing which it will be barred).
Except in respect of fraud or death or personal injury caused by Consortium's negligence, or liability for defective products under the Consumer Protection Act 1987, the entire liability of Consortium in connection with the Contract shall not exceed the price of the Goods and/or Service to be provided hereunder.
Consortium shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or failure to perform, any of Consortium's obligations in relation to the Goods or Services, if the delay or failure was due to any cause beyond Consortium's reasonable control.
No waiver by Consortium of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision of the Contract.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
ALTERATIONS TO THE CONDITIONS
Consortium reserves the right to amend the Terms & Conditions at any time without notice. These will be available both online and available on request.
Nothing in these Conditions is intended to affect the statutory rights of a Consumer.
LAW & JURISDICTION
The Contract shall be governed by the laws of England and shall be subject to the non-exclusive jurisdiction of the English courts.
Copyright The Consortium for Purchasing and Distribution Limited. 2018. E ® OE. Consortium is the registered trademark of The Consortium for Purchasing and Distribution Limited.
The pages within any catalogues produced on behalf of Consortium in printed, electronic or other form are subject to copyright. Certain contents of pages can be accessed, downloaded and stored on a temporary basis for the purpose of ordering. Any permanent storage or copying or redistribution of any of the information set out in the website of The Consortium for Purchasing and Distribution Ltd is strictly prohibited. Browsers are also prohibited from modifying any details on the website of The Consortium for Purchasing and Distribution Ltd and from reproducing or publicly displaying or distributing any such details for any commercial purpose whatsoever.
It is the Customer's responsibility to virus check all materials before downloading them from the website of The Consortium for Purchasing and Distribution Ltd for any purpose.
Links made to other websites are made entirely at the Customer's own risk and Consortium accepts no liability of any kind in relation to any linked sites. (The permission of The Consortium for Purchasing and Distribution Ltd is required in writing before 3rd party linking to its website).
Consortium is a trademark of The Consortium for Purchasing and Distribution Ltd. Copyright 2018 Registered Office: 140 Eastern Avenue, Milton Park, Milton, Abingdon, Oxfordshire, OX14 4SB. 03100039