Online Purchases
Please read these terms and conditions carefully.
These terms and conditions (together with our Privacy Policy tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
1. Information about us
1.1 PBC Foundation (UK) Limited, registered number SC207493, having its registered office at 6 Hill Street, Edinburgh, EH2 3JZ (” The PBC Foundation“) operates the website www.pbcfoundation.co.uk.
1.2 To contact us, please see clause 11 (Contact Us).
2. Contract formation
2.1 All Products shown on our site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order if made.
2.2 You are solely responsible for the accuracy of your order. Please take care to check and amend any order before submitting your order to us.
2.3 Your order is an offer to buy from us. All orders are subject to acceptance by us. After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 2.4.
2.4 The PBC Foundation will confirm its acceptance of your order by sending you an email confirming the order (Order Confirmation). The Contract between us will only be formed once you receive either the Order Confirmation or the payment confirmation email from WorldPay.
2.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 4.2, we will inform you of this in the Order Confirmation and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
3. Delivery and Risk of Loss
3.1 Unless otherwise agreed in writing by The PBC Foundation, delivery of the Products will take place at the Delivery Address specified in the ordering process.
3.2 The Products will be your responsibility from the completion of delivery. You own the Products once we have received payment in full, including all applicable delivery charges.
3.3 Any date specified by The PBC Foundation for delivery of the Products is intended to be an estimate, and time of delivery is not of the essence of the Contract. If no date is so specified, delivery will be within a reasonable time. If due to exceptional circumstances we are unable to fulfil your order within a reasonable time period, we will email you or contact you to let you know.
3.4 Where you have opted for delivery of the Products in the UK to by normal Royal Mail service, The PBC Foundation shall not be liable for any non-delivery of the Products unless written notice is given to us within five (5) days of the date when the Products would, in the normal course of events, have been received.
3.5 Any liability The PBC Foundation has for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or to providing a full refund.
3.6 If for any reason you do not accept delivery of the Products when they are ready for delivery, or The PBC Foundation is unable to deliver the Products on time because you have not provided appropriate instructions, documents, licences or authorisations:
(i) risk in the Products will pass to you (including for loss or damage caused by The PBC Foundation’s negligence);
(ii) the Products will be deemed to have been delivered; and
(iii) The PBC Foundation may store the goods until delivery, whereupon you will be liable for all related costs and expenses (including, without limitation, storage and insurance).
3.7 The PBC Foundation reserves the right to defer the date of delivery or to cancel the Contract in the case of any strike, lockout, disorder, fire, explosion, accident or stoppage of or affecting The PBC Foundation’s business or work which is beyond our reasonable control and which prevents or hinders the delivery of the Products.
4. Price and Payment
4.1 Unless otherwise agreed by The PBC Foundation in writing, the price for the Products will be the price set out in the Order Confirmation. All prices are expressed inclusive of any VAT payable at the applicable current rate chargeable in the UK for the time being unless otherwise stated. The price is subject to the addition of any costs or charges in relation to delivery, loading, unloading, carriage and insurance; all of which amounts you will be responsible for in addition when payment for the Products is due.
4.2 Every effort has been made to show items as accurately as possible and to ensure that the information contained on our site is correct at the time of publication. Despite this, slight variations in items may occur, and, occasionally, errors in information may occur. If, by mistake, we have under-priced an item on our site, we will not be liable to supply that item to you at the stated price, provided the correct price is stated on the Order Confirmation. If you decide not to order the item after notification of the correct price on the Order Confirmation, we will give you a full refund on any amount already paid for that item in accordance with our Refund Policy in clause 8.
4.3 The price offered in respect of an item on our site may differ from the price offered at the same time either at promotional events where merchandise is being sold. We are under no obligation to honour any in-house price or promotion in the event that it differs from those on our site.
4.4 Payment is due in advance, without any deductions. Receipt of payment will be confirmed in the Order Confirmation.
4.5 We cannot accept any liability for losses to you if your payment is refused or declined by your credit/debit card supplier for any reason.
4.6 You can only pay for Products using a debit card or credit card. We accept the following cards: MasterCard, Visa, Maestro and JCB.
4.7 When ordering Products for delivery to a Delivery Address that is overseas, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you, and The PBC Foundation will have no responsibility for any such charges.
5. Cancellation of Products
5.1 You have a legal right to cancel a Contract from the date of the Order Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you may cancel the Contract any time within seven working days, beginning on the day after you received the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period. In this case you will receive a full refund of the price paid for the goods in accordance with our Refund Policy in clause 8.
5.2 To cancel a Contract please contact us in writing by sending an e-mail to info@pbcfoundation.org.uk. Email cancellation is effective from the date you send us the email. You must return the Products to us immediately, in the same condition in which you received them, and at your own cost and risk. You are legally obliged to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, The PBC Foundation may have a right of set-off.
6. Limitation of Liability
6.1 Except as specified herein, the following terms constitute the entire financial liability of The PBC Foundation (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of:
(i) any breach of these Terms; and
(ii) any representation, statement or edictal act or omission, including negligence arising under or in connection with the contract:
6.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
6.3 Subject to clause 6.5, The PBC Foundation’s total liability in contract, delict (including negligence or breach of statutory duty), misrepresentation or otherwise arising in connection with the performance or contemplated performance of the Contract will be limited to the price of the Products.
6.4 Subject to clause 6.5, The PBC Foundation will not be liable to you for loss of profit, loss of business or depletion of goodwill nor for any indirect or consequential liability, loss or damage which arises out of or in connection with the Contract.
6.5 Nothing in these Terms excludes or limits the liability of The PBC Foundation or death or personal injury caused by The PBC Foundation’s negligence, or for fraud or fraudulent misrepresentation.
7. Use of Information
7.1 Except as expressly set out herein, all use of your personal information will be made in accordance with our Privacy Policy.
7.2 Customer Reviews are subject to moderation before being published to our site. The PBC Foundation reserves the right to not publish all reviews.
8. Refund Policy
8.1 If, pursuant to clause 5, you wish to cancel the Contract, we will refund the purchase price in full, together with any applicable delivery charges you paid for, as soon as possible. If you cancel the Contract, you are obliged at your own cost to return Products to us in the same condition you received them to the address specified in clause 11.
8.2 If you believe that any Products you have received are damaged or faulty, we will attempt to replace that particular item, provided that you contact us within seven working days of receiving the Products, subject to returning the Products in the same condition you received them to the address specified in clause 11. Alternatively, upon request, we will refund the price of the damaged Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.3 Refunds, if applicable, will only be made to the debit/credit card used for the original transaction.
9. Variation of Terms and Conditions
9.1 We may vary these Terms from time to time. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
9.2 We will keep you informed of any variation to these Terms by stating on this web page that these Terms have been amended and the date on which the amendment was made.
10. General
10.1 These Terms, together with any document expressly referred to in them, shall constitute the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
10.2 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
10.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
10.4 Each of the clauses in these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
10.5 Each right or remedy of The PBC Foundation under these Terms is without prejudice to any other right or remedy of The PBC Foundation whether under these Terms or not.
10.6 Failure or delay by The PBC Foundation in enforcing or partially enforcing any provision of these Terms will not be construed as a waiver of any of its rights under these Terms.
10.7 Any waiver by The PBC Foundation of any breach of, or any default under, any provision of these Terms by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other clause of these Terms.
10.8 These Terms, and any Contract between us, will be governed by Scottish Law. The Scottish Courts will have exclusive jurisdiction to deal with any dispute which may arise out of or in connection with these Terms.
10.9 These Terms, and any Contract between us, are only in the English language.
11. Contact Us
Our contact details are set out below:
PBC Foundation (UK) Limited, 6 Hill Street, Edinburgh, EH2 3JZ
Te: 0131 556 6811
