WEBSITE CONSUMER
TERMS AND CONDITIONS
DHL - RECYCLE NOW HOME
COMPOSTING PROGRAMME
DHL – WASTE AWARE
SCOTLAND HOME COMPOSTING PROGRAMME
This page (together
with the documents referred to on it) tells you the terms and conditions on
which we supply any of the goods (Goods) listed on our website www.recyclenow.com/compost
(our site) to you. This is a legally
binding document and You should read it carefully before making your order. By
ordering any of our Goods You agree to be bound by these Terms and Conditions.
Please make sure that they do not contain anything that You are not prepared to
agree to.
You should print a
copy of these terms and conditions for future reference.
1
information
about us
"www.recyclenow.com/compost" is a site operated by Exel Europe Limited ("Us", "We" or"the Company"). We are registered
in England and Wales under Company
No. 528867 and our registered office is at Solstice House, 251 Midsummer
Boulevard, Central Milton Keynes, Milton Keynes, MK9 1EQ. Our VAT number is 230113042. However we
are unable to deal with any questions, requests for information or any matter
connected with Your order at this address.
1.1
If You
have any questions about any of these Terms and Conditions or You wish to
raise any matter with Us in
connection with an order, please write to us at:
DHL
Composting Offer
Unit 3,
Bridgewater Business Park
Leigh
WN7 4HB
Or
telephone 0800 107 3798
2
Service
Availability
2.1
This
service is limited to certain District Council areas in England and Scotland.
3
making
an order
3.1
You
can place an order for Goods (an "Order")
by completing the electronic order form on our site.
3.2
When We
receive your Order We will send You a written acknowledgement of receipt (either
by email or post). This will set out the following details:
3.2.1
a
description of the Goods ordered;
3.2.2
confirmation
of the price of the Goods and applicable delivery costs;
3.2.3
confirmation
on how to pay (if You have not already done so);
3.2.4
details
as to when and how to expect delivery;
3.2.5
your
right to cancel your Order;
3.2.6
the
method for return of Goods; and
3.2.7
any
applicable after sales guarantees or warranties.
3.3
Your
Order will be accepted by Us when We send out the written acknowledgement of receipt
of your order (either by email or post). Our acceptance of your Order will create a legally binding
contract between us, subject to these Terms and Conditions.
3.4
Goods
are subject to availability and We reserve the right to refuse to accept any
Order for any reason. In the event that We are unable or unwilling to supply
the Goods We will inform You as soon as possible and, where You have already
paid, give You a full refund.
3.5
The
price You pay for the Goods is the price displayed on our current promotional
literature, catalogue at the time We receive your Order. Whilst We try to
ensure that the prices set out in all our promotional literature are correct, errors
can occur. If We discover an error in the price of the Goods You have ordered We
will inform You as soon as possible and give You the option of reconfirming
your Order at the correct price, or alternatively of cancelling your Order. If We
are unable to contact You, We will treat the Order as cancelled. If You cancel your
order and have already paid for the Goods, You will receive a full refund.
3.6
If any
Goods You order are not available, We will contact You to discuss how You wish
to proceed. If We are unable to contact You We will use our discretion and
either (i) send a substitute for the unavailable items(s) (which, if You wish, You
can return and receive a full refund in accordance with our Money-Back
Guarantee); or (ii) refund You the price of the unavailable item.
3.7
All
prices shown are in £ sterling and include VAT (where applicable) at the
current rates, but exclude delivery charges unless expressly stated otherwise.
3.8
Payment
may be made by the following credit and debit cards; Visa, MasterCard, Maestro,
Delta, Solo and Electron.
3.9
We
will take your card details when the order is made, although your card will not
be debited until after the Goods have been delivered.
3.10
In
certain circumstances such as offers, campaigns, trial periods or the time of
year, the payment may be taken at different times from that stated above. If it
is different, details of when payment will be taken will be available on our site
and confirmed in the acknowledgment letter. Where a trial period applies an
invoice will be sent to You for the Goods after the trial period ends.
4
description
of goods
4.1
We
cannot guarantee that the appearance and / or colour of Goods shown in our
catalogue, promotional literature or on our site exactly reproduce the
appearance and / or colour of the physical Goods themselves. All sizes and measurements quoted are
approximate.
5
delivery
5.1
Please
allow 28 days from the date of your Order for delivery of in-stock items. If
the delivery period is likely to be longer than 28 days from the date of your
Order We will notify You as soon as possible, and You will have the right to
cancel your Order. If You exercise this right to cancel You will receive a full
refund within 30 days of doing so.
5.2
Delivery
is made by Royal Mail or an appropriate carrier on a non-signature basis to the
delivery address provided by You. If specified We shall leave the Goods where
requested at that address, except where delivery is made by Royal Mail, in
which case their relevant delivery conditions will apply. We are therefore unable
to arrange a time for delivery.
5.3
As
soon as We deliver the Goods to You, You are responsible for their safekeeping.
We will not be responsible for any damage or fault arising from incorrect
storage or use.
5.4
Ownership
of the Goods shall pass to You when We have processed and received full payment
of all sums due in receipt of the Goods, including any applicable delivery
charges.
6
cancellation,
returns and refunds
6.1
We
recommend that You keep your receipt or order number (which can be found on the
acknowledgement of your Order, and on your delivery note) as You might need it
as proof of purchase in the event of any after-sales queries. We also recommend
that You check your Goods carefully before installing or using them.
6.2
Money-Back
Guarantee
You may cancel your Order for any
reason before delivery or within 8 days after the date of delivery. The Goods
must be unused, as new, in saleable condition and returned in their original
packaging wherever possible. Please contact Us on 0800 107 3798 within 8 days of delivery and We will
advise You how to return your Goods. Lines are open from 8:30am to 5:15pm,
Monday – Friday. Please note that calls may be recorded for training purposes.
6.2.1
You
will receive a full refund for Goods returned under our Money-Back Guarantee. At
our discretion a £6 collection charge may apply.
6.3
Faulty
Goods
If any Goods You purchase are
faulty, We may offer a repair, exchange or refund as appropriate. This does not
affect your legal rights. Please contact Us on 0800 107 3798 within 30 days of delivery and We
will advise You how to return your Goods. Lines are open from 8:30am to 5:15pm,
Monday – Friday. Please note that calls may be recorded for training purposes.
7
liability
7.1
Nothing
in these conditions excludes or limits our liability to You for death or
personal injury caused by our negligence or for fraud or fraudulent
misrepresentation nor where liability cannot be excluded or limited as a matter
of law.
7.2
We are
responsible for losses You suffer as a result of Us breaching our obligations
under the Agreement if the losses are a foreseeable consequence of Us breaching
our obligations. Losses are foreseeable where they could be contemplated by
both You and Us at the time the Agreement was entered into. We are not
responsible for indirect losses which happen as a side effect of the main loss
or damage and which are not foreseeable by You and Us, for example loss of
profits, loss of use, loss of goodwill, loss of opportunity or any business
loss.
7.3
Subject
to condition 6.1, our maximum liability (whether in contract, tort or
otherwise) for loss or damage in respect of one incident or series of incidents
attributable to the same cause shall be limited to a sum equal to the amount
paid or payable by You for the Goods.
8
direct
marketing
8.1
We
would like to contact You from time to time, by post, telephone or email, with a
newsletter as well as details of our other products and services which We think
might be of interest to You. If You would prefer not to be included in such
communications We give you the option to opt-in to receiving such information
on our website. Alternatively, please
email wrap@dhl.com or telephone 0800 107 3798 or write
to DHL Composting Offer, Unit 3,
Bridgewater Business Park, Leigh, WN7 4HB
to let Us know.
9
general
9.1
We may
delay delivery, cancel the Agreement or reduce the volume of Goods ordered by You
(without liability to You) if We are prevented from or delayed in carrying on
our business due to circumstances beyond our reasonable control.
9.2
This
contract is under English law and any disputes will be dealt with by the
English Courts.
9.3
If any
words or phrases in this contract are in any particular circumstances held by a
Court to be unfair, unreasonable or invalid, We agree that the Court can delete
those words or phrases from this Agreement, and read the Agreement as if they
had not been included in this first place.
9.4
No
variation of these Terms and Conditions shall be binding upon You or Us unless
it is in writing and signed by both parties. Any such variation shall be
particular to the circumstances and shall not be regarded as a general
variation.
9.5
Failure
or delay by either You or Us in enforcing any provision of the Agreement will
not be a waiver of any of your or our rights under the Agreement.
9.6
Any
waiver by You or Us of any breach or default by the other party will not be
deemed a waiver of any subsequent breach or default.
9.7
Each of
your or our rights or remedies under this Agreement is without prejudice to any
other of your or our rights or remedies.
10
If you
have any questions
10.1
If You
have any questions about any of the above Terms and Conditions, please contact Us
at:
DHL
Composting Offer
Unit
3 Bridgewater Business Park
Leigh
WN7
4HB