Terms & conditions

These terms and conditions are a legal agreement between you (“you” and “your”) and Alpha International, a charity registered in England and Wales with charity number 1086179 and a company registered in England and Wales with company number 04157379, with its registered office at Holy Trinity Brompton, Brompton Road, London, SW7 1JA (“we”, “us” and “our”) for the goods purchased through the following link: https://shop.alpha.org/, and/or other products we make available subject to these terms from time to time (the “Goods”).

Please read these terms carefully before you purchase Goods.  By purchasing the Goods, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not purchase the Goods.

You may purchase the Goods either:

• in a personal capacity for your own private non-commercial use (a “Consumer”); or
• in a business capacity, where you intend to use the Goods commercially or otherwise acting in the course of your business, trade or profession or where you are a business or corporate entity or are otherwise purchasing on behalf of a business or corporate entity (a “Business”).

Your attention is drawn in particular to the provisions of clause 7 (Returns), which explains your rights to cancel an Order and how you can return the Goods, and clause 8 (Limitation of Liability), which sets out our responsibility to you if something goes wrong.

1.  Our Contract with You

1.1.  The terms and conditions set out in this document (“Conditions”) apply to your order for the Goods, as completed on our website (“Order”). 

1.2.  The Order is only accepted when we issue a written acceptance of the Order, at which point the contract between us and you for the sale and purchase of the Goods in accordance with these Conditions (“Contract”) shall come into existence.

1.3.  Sometimes we reject or cancel Orders, for example, because Goods are unexpectedly out of stock, because you are located outside our delivery areas as stated on our website and in our marketing, because your billing information is not correct or not verifiable or because the Goods were mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

1.4.  You acknowledge that we use sub-contractors in the sale and delivery of the Goods (“Sub-contractors”).

2.  Goods

2.1.  The Goods are described on our website.

2.2.  Whilst we take care to ensure the accuracy of the information contained on our website, the Goods may not exactly match that shown on our website and its packaging may be slightly different.

3.  Delivery

3.1.  We will include in each delivery of the Goods a delivery note that shows the date of the Order, the type and quantity of the Goods and, if the Goods are being delivered by instalments, how many instalments are outstanding. If our Sub-contractors are delivering the Goods, we will ensure they do the same.

3.2.  The Goods will be delivered to the location set out in the Order or such other location as we and you may agree (“Delivery Location”).

3.3.  If the delivery of your Goods is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. We won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team: shop@alpha.org to end the Contract and receive a refund for any Goods you have paid for in advance, but not received.

3.4.  If we or the Sub-contractor fail to deliver the Goods to you (other than due to an event outside our control or where you fail to provide us or our Sub-Contractors with a complete address or delivery instructions), we shall use reasonable endeavors to have the Goods redelivered. 

3.5.  If you fail to accept delivery of the Goods (other than due to an event outside your control), then we reserve the right to cancel the Order and refund you the price paid for the Goods. We will notify you in writing if we decide to cancel the Order.

3.6.  We may deliver the Goods by instalments. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment. 

4.  Quality

4.1.  If you are a Consumer, the warranties set out in this clause 4 are in addition to, and do not affect, your statutory rights. 

4.2.  We warrant that on delivery, and for a period of 12 months from the date of delivery (Warranty Period), the Goods shall:

(a) conform in all material respects with their description; and

(b) be free from material defects in design, material and workmanship; and

(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

(d) be fit for any purpose held out by us.

4.3.  Subject to clause 4.4, if:

(a) you give notice in writing to us during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 4.2; 

(b) we are given a reasonable opportunity of examining such Goods; and

(c) you (if asked to do so by us) return such Goods to our place of business at our cost, we shall, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

4.4.  We shall not be liable for the Goods' failure to comply with the warranty set out in clause 4.1 if:

(a) you make any further use of such Goods after giving notice in accordance with clause 4.2;

(b) the defect arises because you failed to follow our instructions as to the storage, use and maintenance of the Goods; 

(c) you alter or repair such Goods without our written consent; or

(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.

4.5.  If you think there is something wrong with the Goods, you must contact our Customer Service Team: shop@alpha.org. 

4.6.  If you are a Consumer, we will comply with our legal duty to provide you with Goods that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk:

(a) For Goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Goods your legal rights entitle you to the following:

(i) Up to 30 days: if your goods are faulty, then you can get a refund.  

(ii) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.  

(iii) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.   

4.7.  If you are a Business: 

(a) Except as provided in this clause 4, we shall have no liability to you in respect of the Goods' failure to comply with the warranty set out in clause 4.2; and

(b) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

4.4.  These Conditions shall apply to any repaired or replacement Goods supplied by us.

5.  Title and risk

5.1.  Title to the Goods shall not pass to you until we receive payment in full (in cash or cleared funds) for the Goods in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sums.

5.2.  If you are a Business, risk in the Goods shall pass to you on completion of delivery.

5.3.  Subject to clause 5.4, if you are a Business, you may resell or use the Goods in the ordinary course of your business (but not otherwise) before we receive payment for the Goods. However, if you resell the Goods before that time:

(a) you do so as principal and not as our agent; and

(b) title to the Goods shall pass from us to you immediately before the time at which resale by you occurs.

5.4.  If you are a Business, at any time before title to the Goods passes to you, we may:

(a) by notice in writing, terminate your right under clause 5.3 to resell the Goods or use them in the ordinary course of its business; and

(b) require you to deliver up all Goods in your possession that have not been resold, or irrevocably incorporated into another product and if you fail to do so promptly, enter any premises of you or of any third party where the Goods are stored in order to recover them.

6.  Price and payment

6.1.  The price of the Goods shall be the price set out on our website and as confirmed in the Order are inclusive of Value-Added Tax (VAT), as applicable. The prices of the Goods shown on our website may change from time to time, but changes will not affect any Order which we have already accepted.

6.2.  The prices for delivery options shall be set out on our website and selected by you in your Order.  

6.3.  We may take payment from you for the Goods on acceptance of the Order. 

6.4.  If you fail to make a payment due to us under the Contract, then, without limiting our remedies under clause 9, we may cancel your Order. 

6.5.  All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

7.  Cancellation & Returns

7.1.  If you are Consumer, you are legally entitled to change your mind. If you change your mind about the Goods and wish to either cancel your Order or return the Goods:

(a) Prior to despatch of Goods – you can cancel at any time free of charge provided your Order has not been despatched by us (or our Sub-contractor) for delivery;

(b) After delivery of Goods - you must let us know no later than 14 days after the day we deliver the Goods. If the Goods are split into several deliveries over different days, the period runs from the day after the last delivery;

(c) Customised items – customised or personalised items cannot be cancelled and your right to cancel does not apply to such Goods.

7.2.  If you change your mind in accordance with clause 7.1 above, you must contact our Customer Service Team: shop@alpha.org or complete and return the Cancellation Form at the end of these Conditions.   

7.3.  We will pay the costs of return:

(a) if the Goods are faulty or do not match the description provided on our website; or

(b) if you are ending the contract because of one of the reasons listed below:

(i) there was an error in the price or description of Goods on our website and you do not wish to proceed with your Order;

(ii) we have let you know that supply of the Goods may be significantly delayed because of events outside our control;

(iii) for technical reasons the supply of the Goods has been suspended for more than 30 days; or

(iv) we have done something which gives you a legal right to end the contract.

7.4.  In all other circumstances (including where you are exercising your right to change your mind in accordance with clause 7.1 above) you will be required to pay the costs of return or collection.

7.5.  The price paid for the Goods including standard delivery costs will be refunded to you by the same method that you used to pay. We may make some deductions from the price, as described below.  

7.6.  You must return the Goods to us without undue delay and no later than 30 days from the day on which you notified us you are returning the Goods. We may withhold your refund until we have received the Goods back.  We recommend that you use a recorded delivery service as we cannot be responsible for non-delivery of returned items.

7.7.  If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods where this was caused by your handling them in a way which means they are not in a re-saleable condition.  For example, if you remove any tags or labels, or if you damage the Goods, we reserve the right to reduce your refund.  

7.8.  We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you. If you cancel your order prior to despatch, your refund will be made within 14 days of your telling us you have changed your mind.

8.  Limitation of liability

8.1.  We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

8.2.  We are not responsible for ensuring the Goods meets your individual requirements. You acknowledge that the Goods have not been manufactured to meet your individual requirements or specifications.

8.3.  If you are a Consumer:

(a) We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Contract was made, both we and you knew it might happen.

(b) When we are liable for damage to your property. If defective Goods provided by us damage property belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice with regard to the use of the Goods.

(c) We are not liable for business losses. If you are a Consumer, the Goods are made available for your own private non-commercial use. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.4.  If you are a Business: 

(a) We supply the Goods for internal use by your business.

(b) We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(i) loss of profits, sales, business, or revenue;

(ii) business interruption;

(iii) loss of anticipated savings;

(iv) loss or corruption of data or information;

(v) loss of business opportunity, goodwill or reputation; or

(vi) any special, indirect or consequential loss, damage, charges or expenses (including without limitation loss or damage of the types set out in clause 8.4(b)(i) to clause 8.4(b)(v)).

(c) Subject to clause 8.1, our maximum aggregate liability under or in connection with this Contract whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to 100% of the then applicable price of the Goods under the relevant Order. 

(d) This Contract sets out the full extent of our obligations and liabilities in respect of the sale of the Goods. Except as expressly stated in this Contract, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the sale of the Goods which might otherwise be implied into, or incorporated in, this Contract whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

9.  Termination 

9.1.  Without limiting our other rights or remedies, we may 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.

9.2.  If you are a Business, without limiting our other rights or remedies, we may terminate this Contract with immediate effect by giving written notice to you if:

(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 10 business days of that party being notified in writing to do so; 

(b) you take any step or action in connection with entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of you assets or ceasing to carry on business; 

(c) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or

(d) your financial position deteriorates so far as to reasonably justify the opinion that your ability to give effect to the terms of the Contract is in jeopardy.

9.3.  If you are a Business, without limiting our other rights or remedies, we may suspend provision of the Goods under the Contract or any other contract between you and us if you become subject to any of the events listed in clause 9.1(a) to clause 9.1(d), or we reasonably believe that you are about to become subject to any of them, or if you fail to pay any amount due under this Contract on the due date for payment.

9.4.  Termination or expiry of the Contract, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.

9.5.  Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.

10.  Force majeure

Neither party shall be in breach of the Contract or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from a Force Majeure Event and:

(a) the time for performance of such obligations shall be extended accordingly; and

(b) we reserve the right to cancel the Order.

11.  General

11.1.  Personal Data.

(a) Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy policy available at https://shop.alpha.org/privacy and it is important that you read that information.

(b) As stated in clause 1, we use Sub-contractors; we may share personal data with the Sub-contractors from time to time in accordance with our privacy policy and the Sub-contractor will process the personal data in the manner explained in our privacy policy.  

11.2.  Assignment and other dealings.

(a) We may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract.

(b) You may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without our prior written consent.

11.3.  Entire agreement.

(a) The Contract constitutes the entire agreement between the parties.

(b) Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

11.4.  Variation. No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

11.5.  Waiver. 

(a) A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. 

(b) A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. 

11.6.  Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision of the Contract is deemed deleted under this clause 11.6 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

11.7.  Notices.

(a) Any notice given to a party under or in connection with the Contract shall be in writing and shall be:

(i) sent by email to the following addresses (or an address substituted in writing by the party to be served): 

Us: shop@alpha.org

You: the email address given in the Order

(b) This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

11.8.  Third party rights. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

11.9.  Governing Law and Jurisdiction. 

(a) This Contract is governed by English law. If you are a Consumer and if you are a resident of a country other than England, the applicable consumer laws of your country of residence may take precedence over certain provisions of this Contract. In such a case, the affected provisions shall be interpreted in accordance with the relevant consumer laws and the unaffected provisions of this Contract shall remain in full force and effect. 

(b) If you are a Consumer: 

(i) if mandatory statutory consumer protection regulations in the country of residence contain provisions that apply by application of applicable law, such provisions shall apply irrespective of the choice of English law. As a Consumer, you may bring any judicial proceedings relating to these Conditions before the competent court of your place of residence or the competent court of our place of business in England. If we wish to enforce any of our rights against you as a Consumer, we may do so only in the courts of the jurisdiction in which you are a resident.  

(c) If you are a Business: 

(i) both we and you agree to submit to the exclusive jurisdiction of the English courts in respect of any dispute or claim that arises out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

 

Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To 

shop@alpha.org  

OR 

Yeomans Press Ltd, c/o Alpha Shop, Unit 12, Branbridges Industrial Estate, East Peckham, Tonbridge, TN12 5HF

 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following products [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate