Terms and Conditions of Business

 

1.             Definitions

In these terms and conditions, the following words and phrases shall have the following meanings:

Access Expeditions: Access Expeditions Ltd is a company registered in England and Wales with registered number 10374843 and having its registered office at Photon House, Station Road, Linton, Cambridge, England, CB21 4NW; “Access Expeditions” and “Access Expedition Kit” are trading names of “Access Expeditions Ltd”

Conditions: the terms and conditions set out in this document;

Contract: the contract between Access Expeditions and the Customer for the sale and purchase of the Products in accordance with these Conditions;

Customer: the person, firm or organisation who purchases the Products from Access Expeditions;

Force Majeure Event: an event or circumstance beyond Access Expeditions’ control;

Products: the products, equipment and/or accessories referred to in the Order;

Order: the Customer’s order for the Products, whether made through the Website, by post or over the telephone;

Website: the website of Access Expeditions at http://accesskit.co.uk; and

Working Day: a day (other than a Saturday, Sunday or public holiday) when Access Expeditions is open for business.

 

2.   Our Customers

2.1          Access Expeditions supplies outdoor products, equipment and accessories to groups, schools and selected companies. Access Expeditions does not supply to individuals as consumers (such as students or solo campers) or anyone buying on behalf of any such individuals.

2.2          When Access Expeditions supplies to a group it does so to a group leader who is organising an expedition of students on behalf of, or in conjunction with, a school or college.

 

3.   Application

3.1          These Conditions apply to the Contract to the exclusion of any and all other terms that the Customer may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

3.2          The Order constitutes an offer by the Customer to purchase the Products in accordance with these Conditions.

3.3          The Order shall be deemed to be accepted when Access Expeditions issues an acceptance of the Order (in writing or by email) or when Access Expeditions delivers the Products to the Customer, at which point the Contract shall come into existence.

 

4.   Products

4.1          The Products are detailed on the Website. Any illustrations of the Products on the Website, or any descriptions or illustrations of the Products in any catalogues or brochures issued by Access Expeditions are intended to give only an approximate idea of the Products so described and they shall not form any part of the Contract.

4.2          Access Expeditions shall be entitled to supply the Products with variations to the description on the Website if and to the extent that such variations are required by any applicable statutory or regulatory requirements, or by any circumstances beyond the control of Access Expeditions, as long as any such variations do not materially affect the characteristics or quality of the Products.

4.3          All Products are sold subject to availability.

4.4          It is the responsibility of the Customer to determine the suitability of any Products offered by Access Expeditions for the intended purpose as Access Expeditions has no control over how the Products will be used or the conditions in which the Products will be used. Due to the nature of the Products being used for adventure activities and expeditions, there are likely to be inherent risks associated with the use of the Products for certain activities. Consequently, the Customer is advised to:

(a)                     obtain professional advice about such risks and the suitability of the Products for their intended purposes before any such use; and

(b)                     undertake appropriate training in the use of the Products and follow all safety instructions accompanying the Products.

 

5.   Delivery

5.1          All dates specified by Access Expeditions for delivery of the Products are intended to be an estimate only and time for delivery shall not be of the essence. In most cases, stocked Products will be delivered within three to five Working Days, but this will be confirmed along with acceptance of the Order. If no dates are specified, delivery will be within a reasonable time.

5.2          Access Expeditions shall not be liable for any delay in delivery of the Products that is caused by a Force Majeure Event or the Customer’s failure to provide Access Expeditions with adequate delivery or any other instructions that are relevant to the supply of the Products.

5.3          The cost of shipping and delivery of the Products to the agreed delivery location shall be charged to, and shall be payable by, the Customer unless otherwise agreed with the Customer on or prior to acceptance of the Order.

5.4          Access Expeditions shall deliver the Products, or arrange for the Products to be delivered, to the agreed delivery location. The signature of the Customer, or an employee or agent of the Customer, at the time of delivery shall be proof of receipt of the Products.

5.5          Deliveries must be checked immediately on receipt. If there are any shortages in the Products delivered to the Customer or any damage to the Products so delivered, details of such shortages or damage must be notified by the Customer to Access Expeditions within three days of the date of delivery. See returns page.

5.6          Tracking details for deliveries are normally available online. Orders not received should be advised promptly.

 

6.   Returned Products

Any return of goods is strictly subject to the agreement of Access Expeditions. Please see the Returns Policy.

 

7.   Title and Risk

7.1          The risk of damage to or loss of the Products shall pass to the Customer when the Products are delivered to the agreed delivery location.

7.2          Title to the Products shall not pass to the Customer until Access Expeditions has received payment in full (cash or cleared funds) for the Products.

7.3          If before title to the Products passes to the Customer, the Customer’s financial position deteriorates to such an extent that, in the opinion of Access Expeditions, the Customer’s capability to make payment has been placed in jeopardy, Access Expeditions shall be entitled to recover possession of the Products and for that purpose the Customer authorises Access Expeditions to enter any premises of the Customer, or any third party, where the Products are stored in order to recover them.

 

8.   Payment Terms and Pricing

8.1          The price of the Products shall be the price referred to in the most recent written quotation provided by Access Expeditions or, if no price has been quoted, the price shown on the Website at the date of delivery of the Products.

8.2          The Customer is required to pay the price of the Products to Access Expeditions before delivery of the Products, unless the Customer is an approved account holder, in which case Access Expeditions’ standard terms of credit are strictly 14 days from the date of the invoice.

8.3          In the event of failure to pay for the Products on the due date, Access Expeditions reserves the right to charge interest on the overdue amount at the rate of 4% per annum above the current Bank of England base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount and any discount provided for on Access Expeditions’ invoice(s) shall be cancelled.

8.4          Access Expeditions reserves the right, at any time prior to delivery of the Products, to increase the price of the Products or add further charges, on giving notice to the Customer, to reflect any increase in the cost of the Products that is due to:

(a)                     any request by the Customer to change the delivery date(s), quantities or types of Products ordered; or

(b)                     any delay caused by any instructions of the Customer, or failure of the Customer to give Access Expeditions adequate or accurate information or instructions.

8.5          The price of the Products excludes VAT which shall be payable by the Customer to Access Expeditions at the prevailing rate.

 

9.             Termination

9.1          Without limiting its other rights or remedies, Access Expeditions may terminate the Contract with immediate effect by giving notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.

9.2          On termination of the Contract for any reason the Customer shall immediately pay to Access Expeditions all of Access Expeditions outstanding unpaid invoices and interest.

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

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

 

10.         Liability

10.1      Access Expeditions’ liability is to supply Products which are of satisfactory quality and fit for purpose so far as is reasonable. Notwithstanding the foregoing, the Customer shall be entitled to the benefit of any guarantee given by the relevant manufacturer of the Products to the extent that such guarantee is effective and enforceable.

10.2      Nothing in these Conditions shall limit or exclude the liability of Access Expeditions for:

(a)                     death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);

(b)                     fraud or fraudulent misrepresentation;

(c)                     breach of the terms implied by section 12 of the Sale of Goods Act 1979;

(d)                     defective products under the Consumer Protection Act 1987; or

(e)                     any matter in respect of which it would be unlawful for Access Expeditions to exclude or restrict liability.

10.3      Subject to clause 10.2:

(a)                     Access Expeditions shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, loss of revenue, loss of business opportunity, loss of anticipated savings, loss of goodwill or any indirect or consequential loss, arising under or in connection with the Contract; and

(b)                     the total liability of Access Expeditions to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the Products as referred to in the Order.

10.4      Except as expressly stated in these Conditions, Access Expeditions does not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law.

10.5      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.

 

11.         Copyright

The Customer acknowledges that it shall not be entitled to copy, reproduce, transmit, distribute or otherwise use any or all content from any website, catalogue, brochure or other paper or electronic communication or publication issued by Access Expeditions without the prior written consent of Access Expeditions.

 

12.         Customer Data Privacy Policy

The Customer’s data is processed in accordance with local laws and according to the Privacy Policy of Access Expeditions.

 

13.         Force Majeure

Access Expeditions shall not be in breach of the Contract or liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure results from a Force Majeure Event. If the period of delay or non-performance continues for one month, Access Expeditions may terminate the Contract by giving one week’s notice to the Customer.

 

14.         General

14.1      Assignments and other dealings

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

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

 

14.2      Entire Agreement

(a)                     These Conditions, together with the Privacy Policy, Returns Policy and Terms and Conditions of Website and the Order, constitute the entire agreement between the parties, and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to the subject matter of the Contract.

(b)                     Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Conditions. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Conditions.

 

14.3      Variation

No variation of the Contract, unless provided for in these Conditions, shall be effective unless it is in writing and signed by a company director or a senior manager of Access Expeditions and an authorised representative of the Customer.

 

14.4      Waiver

No failure or delay by a party to exercise any right or remedy provided under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

 

14.5      Severance

If any provision or part-provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 14.5 shall not affect the validity and enforceability of the rest of these Conditions.

 

14.6      Notices

(a)            A notice given to a party under or in connection with the Contract shall be in writing and sent to the party at the address given in these Conditions or specified in the Order. Any notice given shall be delivered personally, or sent by pre-paid first class post or other next day delivery service.

(b)                     A notice shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 14.6(a) or, if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Working Day after posting.

(c)                     The provisions of this clause 14.6 shall not apply to the service of any proceedings or other documents in any legal action.

 

14.7      Third party rights

No one other than a party to the Contract and their permitted assignees shall have any right to enforce any of its terms.

 

14.8      Governing law

The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.

 

14.9      Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

 

(Issue A817)

© Access Expeditions Ltd.  2017

 

 

Terms and Conditions of Website

 

 

This Site is owned and controlled by Access Expeditions Ltd. The information and data on this Site is subject to revision without notice and Access Expeditions Ltd may revise these Terms and Conditions at any time by updating this notice.

 

By accessing and/or browsing the Site, you are acknowledging and agreeing that:

 

i) All intellectual property rights in and to the site are the property of Access Expeditions Ltd and you agree not to copy, reproduce, transmit, distribute or create derivative works of any part of the Site for commercial gain, nor assist any third party to distribute or commercially exploit all or any part of the Site. In the normal course of browsing through the site Access Expeditions Ltd agree to your printing or downloading to a stand alone personal computer extracts for personal use provided both that Access Expeditions Ltd is the acknowledged source including the reference http://www.accessexpeditions.com and that Access Expeditions Ltd may revoke this permission at any time.

 

ii) The Site is provided on an “as is” and “as available” basis and Access Expeditions Ltd makes no express or implied warranties or representations in relation to it. This includes, without limitation, any implied warranties or representations of satisfactory quality, fitness for a particular purpose, availability, completeness or accuracy.

 

iii) Access Expeditions Ltd shall not be liable for any loss or damage arising from, or in any way connected with, your use of the Site or any information contained or derived from it (even where Access Expeditions Ltd has been advised of the possibility of such loss or damage). This includes, without limitation, any damage for loss of profits, loss of information, or any other monetary loss.

 

iv) Access Expeditions Ltd shall not take responsibility for the availability or content of any external sites or resources to which it has hyperlinks and might not endorse or approve of any material on sites linked from or to this site. In particular you should note that home pages of sites affiliated to Access Expeditions Ltd are individually responsible for their content and expression of opinions. Access Expeditions Ltd does not take responsibility for the content of or opinions expressed in any external site and might not endorse or approve of all or any material on the site.

 

 

© Access Expeditions Ltd 2017

 

“Access Expeditions” and “Access Expedition Kit” are trading names of “Access Expeditions Ltd”

Access Expeditions Ltd, Registered in England No. 10374843,
Registered office: Photon House, Station Road, Linton, Cambridge, CB21 4NW, UK