TERMS AND CONDITIONS OF PURCHASE FROM OUR
SITE
This page (together with the documents referred to on it)
tells you the terms and conditions on which Firm
Foundation Trust (“we”) supply any of the
goods and services (Products) listed on or made
available from our website to you. Please read these terms and conditions
carefully before ordering any Products from our website (our
site). You should understand that by ordering any of our
Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for
future reference.
1
Information About Us
1.1
Firm Foundation Trust
(“we”) is a registered charity
dedicated to spreading the Good News of the Kingdom of God in
Turkey.
1.2
These terms of use govern the following sites (our
“Site”):
1.2.1
Sites operated by Firm Foundation
Trust, Registered Charity No. 277298 in England and Wales (United Kingdom); address:
PO Box 330, Sevenoaks, Kent
TN13 1GF, United Kingdom; Email address: fft@firmfoundationtrust.org, are as follows.
2
Service Availability
2.1
Our site is a place for you to select and order our
Products. Our site describes the Products in more detail.
2.2
Our site is only intended for use by people resident in
the United Kingdom or North America. We are unable to accept orders from individuals
outside the United Kingdom or North America. Those who choose
to access this site from countries outside the United Kingdom or North America are
responsible for compliance with local laws of that country if and to the
extent local laws are applicable.
2.3
Please note that our site is available only to individuals
that can form legally binding contracts under applicable law. Although
the contents of our site are aimed at users aged 13 years and
above, you must be over 18 years to purchase the Products, using the
payment methods displayed on our site. If you do not qualify you should
leave our site now.
3
How The Contract Is Formed Between You And
Us
3.1
To order a Product you will need to follow the ordering
procedures set out on our site. Details of our prices for the Products,
and the procedures for payment and delivery are displayed on our
site.
3.2
After placing an order, you will receive an email from us
acknowledging that we have received your order. Please note that this
does not mean that your order has been accepted. Your order constitutes
an offer to us to buy a Product. All orders are subject to acceptance by
us, and we will confirm such acceptance to you by sending you an email
that confirms that the Product has been despatched or reserved (the
Order Confirmation). The contract between us
(Contract) will only be formed when we send you the
Order Confirmation.
3.3
The Contract will relate only to those Products whose
dispatch or reservation we have confirmed in the Order Confirmation. We
will not be obliged to supply any other Products which may have been part
of your order until the dispatch or reservation of such Products has been
confirmed in a separate Order Confirmation.
3.4
Other terms which govern your use of our site can be found
in our Terms of
Use.
4
Our Status
4.1
Please note that in some cases, we accept orders as agents
on behalf of third party sellers. The resulting legal contract is between
you and that third party seller, and is subject to the terms and
conditions of that third party seller, which they will advise you of
directly. You should carefully review their terms and conditions applying
to the transaction.
4.2
We may also provide links on our site to the sites of
other companies, whether affiliated with us or not. We cannot give any
undertaking, that products you purchase from third party sellers through
our site, or from companies to whose site we have provided a link on our
site, will be of satisfactory quality, and any such warranties are
DISCLAIMED by us absolutely. This DISCLAIMER does not affect your
statutory rights against the third party seller. We will notify you when
a third party is involved in a transaction, and we may disclose your
customer information related to that transaction to the third party
seller.
5
Consumer Rights
5.1
If you are contracting as a consumer, then subject to
paragraph 5.3 you may cancel a Contract at any time
within seven (7) working days, beginning on the day after you received
the Products. In this case, you will receive a full refund of the price
paid for the Products in accordance with our refunds policy (set out in
paragraph 9 below).
5.2
To cancel a Contract, you must inform us in writing and
return the Product(s) to us immediately, in the same condition in which
you received them, and at your own cost and risk.
5.3
You will not have any right to cancel a Contract which
comprises goods intended for everyday consumption or a service in respect
of which you have made a reservation and you do not cancel the service a
clear seven (7) working days in advance of the date you have
reserved.
5.4
Details of this statutory right, and an explanation of how
to exercise it, are provided in the Order Confirmation. This provision
does not affect your statutory rights.
6
Availability And Delivery
6.1
Your order will be fulfilled by the delivery date set out
in the Order Confirmation or, if no delivery date is specified, then
within 30 days of the date of the Order Confirmation, unless there
are exceptional circumstances.
6.2
If the Product you ordered is unavailable, we may provide
to you a substitute of an equivalent quality and price.
7
Risk And Title
7.1
The Products will be at your risk from the time of
delivery.
7.2
Ownership of the Products will only pass to you when we
receive full payment of all sums due in respect of the Products,
Including Delivery Charges.
8
Price And Payment
8.1
The price of any Products will be as quoted on our site
from time to time, except in cases of obvious error.
8.2
These prices are exclusive of delivery costs and
applicable taxes.
8.3
Prices are liable to change at any time, but changes will
not affect orders in respect of which we have already sent you an Order
Confirmation.
8.4
Our site may contain a large number of Products and it is
always possible that, despite our best efforts, some of the Products
listed on our site may be incorrectly priced. We will normally verify
prices as part of our dispatch or reservation procedures so that, where a
Product's correct price is less than our stated price, we will charge the
lower amount when dispatching or reserving the Product to you. If a
Product’s correct price is higher than the price stated on our
site, we will normally, at our discretion, either contact you for
instructions before dispatching or reserving the Product, or reject your
order and notify you of such rejection.
8.5
We are under no obligation to provide the Product to you
at the incorrect (lower) price, even after we have sent you a Order
Confirmation, if the pricing error is obvious and unmistakeable and could
have reasonably been recognised by you as a mis-pricing.
8.6
You undertake that all details you provide to us for the
purpose of purchasing goods or services which may be offered by us on our
site will be correct, that the credit or debit card, or any electronic
cash, which you use is your own and that there are sufficient funds or
credit facilities to cover the cost of any Products. We reserve the right
to obtain validation of your credit or debit card details before
providing you with any goods or services. If the issuer of your
payment card refuses to authorise payment to us, we will not be liable
for any delay, non-delivery or charges imposed by your card
issuer.
9
Our Refunds Policy
9.1
When you return a Product to us (for instance, because you
have cancelled the Contract between us, or have notified us in accordance
with paragraph 19 that you do not agree to any change in
these terms and conditions or in any of our policies, or because you
claim that the Product is defective), we will examine the returned
Product and will notify you of your refund via email within a reasonable
period of time. We will usually refund any money received from you using
the same method originally used by you to pay for your purchase. We will
usually process the refund due to you as soon as possible and, in any
case, within 30 days of the day we received your cancellation or the
day we confirmed to you via email that you were entitled to a refund for
delivery of the defective Product. You must arrange for and pay the costs
of returning the Products to us - on request, we will collect the
Products from you, but the cost of this will be charged to you and we may
deduct this from the refund.
9.2
Products returned by you because of a defect will be
refunded in full, including a refund of the delivery charges for sending
the item to you and the cost incurred by you in returning the item to
us.
9.3
Products returned by you within the seven-day cooling-off
period (see paragraph 5.1 above) will be refunded in
full, including the cost of sending the item to you. However, you will be
responsible for the cost of returning the item to us.
9.4
If you have any complaints, you should direct them to us
via email at fft@firmfoundationtrust.org or by post
at Firm Foundation Trust, PO Box 330, Sevenoaks, Kent
TN13 1GF, United Kingdom.
10
Our Liability
10.1
Important Information: We do not know the
individual circumstances, conditions, economic factors or otherwise which
may affect the suitability of any of our Products for use in connection
with your organisation. For this reason the information on the site or
that which is contained within the Products is not intended to address
your particular requirements. Such information does not constitute any
form of advice or recommendation by us and is not intended to be relied
upon by you in making (or refraining from making) any specific
investment, or other, decisions in respect of which you should seek your
own advice.
10.2
We warrant to you that any Product purchased from us
through our site is of satisfactory quality.
10.3
Our liability in connection with any Product purchased
through our site is strictly limited to the purchase price of that
Product.
10.4
This does not include or limit in any way our
liability:
10.4.1
For death or personal injury caused by our
negligence;
10.4.2
Under section 2(3) of the Consumer Protection Act
1987;
10.4.3
For fraud or fraudulent misrepresentation; or
10.4.4
For any matter for which it would be illegal for us to
exclude, or attempt to exclude, our liability.
10.5
We accept no liability for any loss of income or revenue,
loss of business, loss of profits or contracts, loss of anticipated
savings, loss of data, waste of management or office time or for any
indirect or consequential loss or damage of any kind however arising and
whether caused by tort (including negligence), breach of contract or
otherwise, even if foreseeable.
10.6
Where you buy any Product from a third party seller
through our site, the seller's individual liability will be set out in
the seller's terms and conditions.
11
Import Duty
11.1
If you order Products from our site for delivery outside
the United Kingdom, they may be subject to import duties and taxes which are levied
when the delivery reaches the specified destination. You will be
responsible for payment of any such import duties and taxes. Please note
that we have no control over these charges and cannot predict their
amount. Please contact your local customs office for further information
before placing your order.
11.2
Please also note that you must comply with all applicable
laws and regulations of the country for which the products are destined.
We will not be liable for any breach by you of any such laws.
12
Written Communications
12.1
Applicable laws require that some of the information or
communications we send to you should be in writing. When using our site,
you accept that communication with us will be mainly electronic. We will
contact you by email or provide you with information by posting notices
on our site. For contractual purposes, you agree to this electronic means
of communication and you acknowledge that all contracts, notices,
information and other communications that we provide to you
electronically comply with any legal requirement that such communications
be in writing. This condition does not affect your statutory
rights.
13
Notices
13.1
All notices given by you to us must be given to Firm Foundation Trust at PO Box 330, Sevenoaks, Kent
TN13 1GF, United Kingdom); Email
address: fft@firmfoundationtrust.org. We may give
notice to you at either the email or postal address you provide to us
when placing an order, or in any of the ways specified in
paragraph 1. Notice will be deemed received and properly
served immediately when posted on our site, 24 hours after an email
is sent, or three days after the date of posting of any letter. In
proving the service of any notice, it will be sufficient to prove, in the
case of a letter, that such letter was properly addressed, stamped and
placed in the post and, in the case of an email, that such email was sent
to the specified email address of the addressee.
14
Transfer Of Rights And Obligations
14.1
The contract between you and us is binding on you and us
and on our respective successors and assigns.
14.2
You may not transfer, assign, charge or otherwise dispose
of a Contract, or any of your rights or obligations arising under it,
without our prior written consent.
14.3
We may transfer, assign, charge, sub-contract or otherwise
dispose of a Contract, or any of our rights or obligations arising under
it, at any time during the term of the Contract.
15
Events Outside Our Control
15.1
We will not be liable or responsible for any failure to
perform, or delay in performance of, any of our obligations under a
Contract that is caused by events outside our reasonable control
(Force Majeure Event).
15.2
A Force Majeure Event includes any act, event,
non-happening, omission or accident beyond our reasonable control and
includes in particular (without limitation) the following:
15.2.1
Strikes, lock-outs or other industrial action.
15.2.2
Civil commotion, riot, invasion, terrorist attack or
threat of terrorist attack, war (whether declared or not) or threat or
preparation for war.
15.2.3
Fire, explosion, storm, flood, earthquake, subsidence,
epidemic or other natural disaster.
15.2.4
Impossibility of the use of railways, shipping, aircraft,
motor transport or other means of public or private transport.
15.2.5
Impossibility of the use of public or private
telecommunications networks.
15.2.6
The acts, decrees, legislation, regulations or
restrictions of any government.
15.3
Our performance under any Contract is deemed to be
suspended for the period that the Force Majeure Event continues, and we
will have an extension of time for performance for the duration of that
period. We will use our reasonable endeavours to bring the Force Majeure
Event to a close or to find a solution by which our obligations under the
Contract may be performed despite the Force Majeure Event.
16
Waiver
16.1
If we fail, at any time during the term of a Contract, to
insist upon strict performance of any of your obligations under the
Contract or any of these terms and conditions, or if we fail to exercise
any of the rights or remedies to which we are entitled under the
Contract, this shall not constitute a waiver of such rights or remedies
and shall not relieve you from compliance with such obligations.
16.2
A waiver by us of any default shall not constitute a
waiver of any subsequent default.
16.3
No waiver by us of any of these terms and conditions shall
be effective unless it is expressly stated to be a waiver and is
communicated to you in writing in accordance with paragraph
13 above.
17
Severability
17.1
If any of these terms and Conditions or any provisions of
a Contract are determined by any competent authority to be invalid,
unlawful or unenforceable to any extent, such term, condition or
provision will to that extent be severed from the remaining terms,
conditions and provisions which will continue to be valid to the fullest
extent permitted by law.
18
Entire Agreement
18.1
These terms and conditions and any document expressly
referred to in them represent the entire agreement between us in relation
to the subject matter of any Contract and supersede any prior agreement,
understanding or arrangement between us, whether oral or in
writing.
18.2
We each acknowledge that, in entering into a Contract,
neither of us has relied on any representation, undertaking or promise
given by the other or be implied from anything said or written in
negotiations between us prior to such Contract except as expressly stated
in these terms and conditions.
18.3
Neither of us shall have any remedy in respect of any
untrue statement made by the other, whether orally or in writing, prior
to the date of any Contract (unless such untrue statement was made
fraudulently) and the other party’s only remedy shall be for breach
of contract as provided in these terms and conditions.
19
Our Right To Vary These Terms And
Conditions
19.1
We have the right to revise and amend these terms and
conditions from time to time.
19.2
You will be subject to the policies and terms and
conditions in force at the time that you order products from us, unless
any change to those policies or these terms and conditions is required to
be made by law or governmental authority (in which case it will apply to
orders previously placed by you), or if we notify you of the change to
those policies or these terms and conditions before we send you the Order
Confirmation (in which case we have the right to assume that you have
accepted the change to the terms and conditions, unless you notify us to
the contrary within seven working days of receipt by you of the
Products).
20
Law And Jurisdiction
20.1
Contracts for the purchase of Products through our site
will be governed by English law. Any dispute arising from, or related to,
such Contracts shall be subject to the non-exclusive jurisdiction of the
courts of England and Wales.
By proceeding to purchase any Products on our site, you
confirm you have read, understood, and accept our terms and
conditions.