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Terms and Conditions


General

All orders are accepted by Revolution Education Ltd, trading as ‘picaxestore.com’, ("Revolution") on these conditions of sale which supersede any other terms previously published, unless otherwise specifically agreed in writing on Revolution headed documentation by a Director of Revolution, these conditions of sale override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in the purchase order or during any negotiations or any course of dealing established between Revolution and the Customer, and constitute the entire understanding between Revolution and the Customer for the sale of products or services. Additional conditions of sale apply to export orders from the UK.


Offers and Acceptance

No obligation shall arise as a result of a catalogue entry, quotation or any other offer, until Revolution accepts the order from a Customer seeking to make a purchase.


Orders

Where possible orders should be made using Revolution’s order codes, the Customer number and/or your trade account number and one of Revolution’s official order forms to speed your purchase through the process. We regret that we cannot accept telephone orders.

Revolution reserve the right to deliver part orders or hold orders, until all items are available as required. Credit card charges are only made when products are despatched for mail order delivery, the only exception being when we have been requested to build a product to special order. Only one small mail order handling charge will be levied if applicable in respect of the total order.

No order may be cancelled without the previous written consent of Revolution on its headed documentation. In the event of part cancellation Revolution reserves the right to charge the Customer for any difference in selling price applicable to the quantity despatched up to the time of cancellation.


Prices and VAT

Revolution reserves the right to alter prices at any time without prior notice. In general, prices are reviewed every 6 months except in the case of products subject to high price volatility over a shorter period e.g. certain computer products. All prices are in £ Sterling and subject to Value Added Tax("VAT") at the relevant rate ruling on the date of despatch. Overseas customers are responsible for any local duty or tax charges.


Inspection, Transit Delays and Non-Delivery

Revolution will use reasonable endeavours to meet delivery estimates but cannot accept any liability whatsoever for failure to do so however arising. Failure to meet a delivery date where deliveries are by instalment shall not prejudice Revolution’s right to make further deliveries by instalment under that contract. The Customer must inspect the products as soon as reasonably practicable after direct delivery or purchase from a store and shall within 7 working days of such delivery give notice to Revolution in detail of any defect in the products or of any other complaint which the Customer may wish to make about Revolution’s service.

No claim in respect of non-delivery of products will be considered unless written notification is given to Revolution within 7 days from the date the products are invoiced.


Payment

  1. Cash with order. Please ensure that Cheques are made out to: REVOLUTION EDUCATION LTD and are crossed "Payee Only"
  2. Online transactions only - internationally recognised credit card, stating type of card, card number and expiry date.
  3. Credit Terms. Automatic credit account facilities are available to all schools and colleges registered in the UK. Credit Terms are available to other business customers subject to status and annual estimated purchases of more than £500. Payment is due 30 days from the invoice date without any deductions whatsoever. If the Credit Customer fails to make any payment on the due date, then, without prejudice to any other right or remedy available to Revolution, it shall be entitled to;
    1. Cancel the order and suspend further deliveries
    2. Appropriate any payment made by the Customer to such of the products (or products supplied under any other order) as Revolution may think fit
    3. Charge an administration fee for any legal or other actions required to recover monies due
    4. Charge interest on the unpaid amount from the due date at a rate of 4% per month.

Ownership

 

  1. The products shall be at the Customer’s risk as from delivery.
  2. In spite of delivery having been made property in the products shall not pass from Revolution until:
    1. The Customer shall have paid the price plus VAT in full; and
    2. No other sums whatever shall be due from the Customer to Revolution.
    3. Until Property in the products passes to the Customer in accordance with clause [2] the Customer shall hold the products and each of them on a fiduciary basis as bailee for Revolution. The customer shall store the products (at no cost to Revolution) separately from all other products in it’s possession and marked in such a way that they are clearly identified as Revolution’s property.
  3. Notwithstanding that the products (or any of them) remain the property of Revolution the Customer may sell or use the products in the ordinary course of the customer’s business at full market value for the account of Revolution. Any such sale or dealing shall be a sale or use of Revolution’s property by the Customer on the Customer’s own behalf and the Customer shall deal as principle when making such sales or dealings. Until property of the products passes from Revolution the entire proceeds of sale or otherwise of the products shall be held in trust for Revolution and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as Revolution’s money.
  4. Revolution shall be entitled to recover the price (plus VAT) notwithstanding that property in any of the products has not passed from Revolution.
  5. Until such time as the property in the products passes from Revolution the Customer shall upon request deliver up such of the products as have not ceased to be in existence or resold to Revolution. If the Customer fails to do so Revolution may enter upon any premises owned occupied or controlled by the Customer where the products are situated and repossess the products. On the making of such request the rights of the Customer under clause [4] shall cease.
  6. The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Products that are the property of Revolution. Without prejudice to the other rights of Revolution, if the Customer does so all sums whatever owing by the Customer shall forthwith become due and payable.
  7. The Customer shall insure and keep insured the Products to the full price against ‘all risks’ to the reasonable satisfaction of Revolution until the date that property in the Products passes from Revolution and shall whenever requested by Revolution produce a copy of the policy of insurance. Without prejudice to the other rights of Revolution, if the Customer fails to do so all sums whatever owing by the Customer to Revolution shall forthwith become due and payable.
  8. The Customer shall promptly deliver the prescribed particulars of this contract to the Registrar in accordance with the Companies Act 1985 Part XII as amended. Without prejudice to the other rights of Revolution, if the Customer fails to do so all sums whatever owing by the Customer to Revolution shall forthwith become due and payable.

 


*General Descriptive Matter

Whilst every endeavour is made to ensure accuracy, all specifications, illustrations or other details contained in the catalogue or any price list or advertising material or otherwise communicated to the Customer are intended merely to present a general idea of the product and nothing contained in any of them shall form part of the contract between Revolution and the Customer.

If the description of any products not of Revolution’s manufacture contained in any correspondence, advertising material, invoice or the current catalogue varies from that of the manufacturer’s description, the manufacturer’s description will be deemed to be the correct description and shall take precedence over Revolution’s description. The manufacturer’s description is available from Revolution on request.


*Product Performance

Unless any product performance figures, tolerances or characteristics have been specifically and expressly warranted by Revolution in writing on Revolution headed documentation, Revolution shall be under no liability whatsoever for any failure to attain such figures whether attributable to Revolution’s negligence or otherwise. The responsibility for ensuring that products are sufficient and suitable for the Customer’s requirements is the Customer’s sole responsibility save insofar as Revolution have specifically advised the Customer in writing on Revolution headed documentation that the products are sufficient and suitable for the Customer’s purposes having been fully and accurately advised by the Customer of his requirements.


Country of Origin

Products listed in the current catalogue and offered for sale by Revolution may originate from a Non-EC source. Unless otherwise confirmed by Revolution in writing, nothing published by Revolution is to be taken as representation of the source of origin, manufacture or production of the products or any part thereof.


Warranty

Revolution warrants that it will, at its option, replace products supplied by Revolution in which under proper use defects appear, or repair the same, or refund or credit the purchase price thereof, subject to the claim being made in writing to Revolution within 12 months after despatch or collection, or such other period as may be indicated by Revolution for specific products from time to time, providing that products or parts to which the claim relates are returned to Revolution within that period suitably packaged and carriage paid with all associated parts, accessories and literature and, where relevant, in accordance with any particular instructions which Revolution may have notified to the Customer at the date of sale.

Returned products together with all associated parts and literature must be accompanied by a proof of purchase such as a till receipt or an invoice in respect of the products and details of the nature of any claimed defect together with such further information as Revolution may at the time of sale have stipulated. Any replaced products shall become the property of Revolution.

Subject as expressly provided in these terms and conditions, and except where the products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.


Returns

Revolution will only accept the return of products after giving prior written authority, please contact the Customer Services Department. A small handling charge may be made for incorrectly ordered parts which are subsequently returned. Return postage cost is the customers responsibility.


Intellectual Property and Information

 

  1. Revolution take all reasonable steps in the course of business to ensure that the products do not infringe any patent, design, trademark, copyright or any other rights of third parties.
  2. Revolution own full copyright in respect of the catalogue and any other catalogues published in paper or electronic form such as CD-ROM or the Internet by Revolution. The reproduction, storage in a retrieval system, or transmission, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, in part or in whole, is prohibited without Revolution’s prior written consent.
  3. Notwithstanding any other term of these conditions of sale, title in any software program that forms part of the products purchased is retained and will not pass to the Customer. Such software programs may only be used in the products and must not be copied or altered or otherwise modified by the Customer.
  4. Revolution reserve the right to record and use customer information supplied by the customer including telephone conversations with the customer.

 


*Limitation of Liability

 

  1. The Customer will be responsible for ensuring the fitness for purpose of the products for the Customer’s application unless the purpose is previously notified to Revolution in writing.
  2. Revolution accepts no liability whatsoever or howsoever arising in respect of loss, damage or expense arising from errors in information or advice provided whether or not due to Revolution’s negligence or that of its employees, agents or sub-contractors save for any loss or damage arising from personal injury.
  3. Revolution shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of contract with the Customer, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Revolution, its employees or agents or otherwise) which arise out of or in connection with the supply of the products or their use or resale by the Customer.
  4. The entire liability of Revolution under or in connection with the contract with the Customer shall not exceed the price of the products except as expressly provided in these terms and conditions.

 


Force Majeure

Revolution shall not be liable to the Customer or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of Revolution’s obligations in relation to the products, if the delay or failure was due to any cause beyond Revolution’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Revolution’s reasonable control:

  1. Act of God, explosion, flood, tempest, fire or accident;
  2. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
  3. acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
  4. import or export regulations or embargoes;
  5. strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Revolution or of a third party);
  6. difficulties in obtaining raw materials, labour, fuel, parts or machinery;
  7. power failure or breakdown in machinery.

 


Law

Any sales transacted by Revolution Education Ltd, is to be governed solely by English Law and the parties agree to submit to the exclusive jurisdiction of the English courts.


Consumer Protection

Nothing contained herein shall affect a Customer’s statutory rights if he/she ‘deals as a consumer’ as defined in Section 12 of the Unfair Contract Terms Act 1977. Particular reference is made to clauses marked *.