Colleague Box Terms and Conditions
1. About us
1.1 Company details. Colleague Box Limited (company number 09343427) (we and us), is a company registered in England and Wales and our registered office is at 17 Northedge, Alfreton, Derby, DE1 4BN.
1.2 Contacting us. To contact us either call on 01332 955745 or email firstname.lastname@example.org.
1.3 Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
1.4 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2. Placing an order and its acceptance
2.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
2.2 By placing an order for age restricted goods you represent that you are at least 18 years old.
2.3 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
2.4 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted.
2.5 Accepting your order. Our acceptance of your order takes place when we send the email to you to accept it, at which point the Contract between you and us will come into existence.
3. No international delivery
3.1 Unfortunately, we do not deliver to addresses outside the UK.
3.2 You may place an order for Goods from outside the UK, but this order must be for delivery to an address in the UK.
4. Price of goods and delivery charges
4.1 The prices of the Goods will be as quoted on our site at the time you submit your order.
4.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
4.3 The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
5. How to pay
5.1 Payment options for the Goods and all applicable delivery charges is as detailed on the website.
6. Our liability
6.1 References to liability in this clause 6 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
6.2 We only supply the Goods for internal use by your business, and you agree not to use the Goods for any resale purposes.
6.3 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) any other liability that cannot be limited or excluded by law.
6.4 Subject to clause 6.3, we will under no circumstances be liable to you for:
(a) any loss of profits, sales, business, or revenue; or
(b) loss or corruption of data, information or software; or
(c) loss of business opportunity; or
(d) loss of anticipated savings; or
(e) loss of goodwill; or
(f) any indirect or consequential loss.
6.5 Subject to clause 6.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the Goods.
6.6 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
6.7 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
7. Data Processing
7.1 Within this clause the following terms take the meaning given in the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) and Data Protection Act 2018: Process, Processing, Controller, Processor, Data Subject, Personal Data and Personal Data Breach, ’Customer Personal Data’ shall mean any Personal Data provided by the Customer to us pursuant to this Contract.
7.2 By providing the Contract, we are acting as a Data Processor with the customer being the Data Controller.
7.3 We shall comply with our respective obligations under the relevant data protection laws and any other applicable legislation relating to the Processing of Personal Data.
7.4 We shall implement and uphold appropriate technical and organisational measures which may include encrypting Personal Data to ensure the confidentiality of Personal Data.
7.5 The processing shall be completed thirty days after an order is dispatched. This is when we shall delete the Personal Data.
7.6 When processing Customer Personal Data we shall:
(a) take into account the nature of the Processing and assist where necessary with Data
(b) at all times perform its obligations under this Contract in such a manner as not to
cause the customer in any way to be in breach of the data protection legislation;
(c) perform its obligations under this Contract in full compliance with the Regulation and
all applicable guidelines, statutory orders and supplementary laws.
(d) within 48 hours of becoming aware of any
actual or suspected Personal Data breach,
and shall provide necessary assistance to enable the customer to investigate the Personal Data breach.
7.8 Without limitation to the foregoing the customer shall obtain appropriate consents to enable
Personal Data to be transferred to us in connection with the Contract and for the Contract to
be performed in compliance with the DPA and GDPR.
8.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if you fail to pay any amount due under the Contract on the due date for payment.
8.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
9. Events outside our control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
9.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
10.1 Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.