TERMS AND CONDITIONS

Where to find information about us and our products

You can find everything you need to know about us, The Hope Foundation Limited t/a furbd, and our products on our website, https://www.furbd.org.uk. We also confirm the key information to you in writing after you order, by email. Please note that we sell second-hand items which are donated to us. We sell to both consumers and business customers. Please see the section below on the Nature of the products being sold for further information. If you are a consumer or a business customer, your rights may differ as set out below.

We don't give business customers all the same rights as consumers

For example, business customers can't cancel their orders, they have different rights where there is a problem with a product and we don't compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

When you buy from us you are agreeing that:

If you are a business customer this is our entire agreement with you

If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

We only accept orders when we've checked them

We contact you to confirm we've received your order and to confirm we've accepted it

Sometimes we reject orders

Sometimes we reject orders, for example, because a product is out of stock, because you are located outside the UK or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

We charge you when you order

You will own your product once we have received payment in full.

If you are a business customer you have no set-off rights

If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). We charge interest on late payments

If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time.

This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

We're not responsible for delays outside our control

If our supply of your product 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. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact us by email at: ask@furbd.org.uk or telephone on: 01642 23 22 20 ext. 221 to end the contract and receive a refund for any products you have paid for in advance, but not received.

Products can vary slightly from their pictures

Pictures on our website are indicative only. We sell second-hand IT equipment which has been donated to us. We take reasonable steps to show all damage or defects to products in the pictures of each product displayed on our website, we cannot guarantee that product pictures will accurately display the full extent of all damage or defects (for example, as some minor defects may not be apparent in a picture).

We charge you if you don't give us information we need

We charge you additional sums if you don't give us information we've asked for about how we can access your property for delivery. For example, we might need to re-deliver.

If you are a consumer and you bought online, you have a legal right to change your mind

Your legal right to change your mind. For most of our products bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after the day we deliver your product. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.

How to let us know. To let us know you want to change your mind, contact our Customer Service Team by email at: ask@furbd.org.uk, fill in the online form at Contact Us Page or fill in a print-out and post it to us at: furbd,1 Grange Road, Middlesbrough, TS1 5BA

You have to return the product at your own cost. You have to return the product to us within 14 days of your telling us you have changed your mind. You can send the product back to us, using an established delivery service at the following address: furbd, 1 Grange Road, Middlesbrough, TS1 5BA. You should keep a receipt or other evidence from the delivery service that proves you have sent the product and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price. For help with returns, including our collection arrangements for goods which can't be posted, contact us by email at: ask@furbd.org.uk or telephone on: 01642 23 22 20 ext. 221

We only refund standard delivery costs. We only refund standard delivery costs. We don't refund any extra you have paid for express delivery or delivery at a particular time.

We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not as sold. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team, who can be contacted by email at: ask@furbd.org.uk or by telephone on: 01642 23 22 20 ext. 221, can advise you on whether we're likely to reduce your refund.

When and how we refund you. If your product hasn't been delivered, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If you're sending your product back to us, we refund you within 14 days of receiving it back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.

You have rights if there is something wrong with your product

Return the product to us. If you think there is something wrong with your product, you must contact us by email at: ask@furbd.org.uk or telephone on: 01642 23 22 20 ext. 221.

Your rights and remedies if you are a consumer. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. For information about your legal rights please visit the Citizens Advice website www.citizensadvice.org.uk.

Nature of the products being sold. We sell second-hand items which are donated to us. Before displaying products for sale on our website we:

  • undertake checks for any damage, defects or loss of functionality;
  • carry out repair or refurbishment works where necessary; and
  • bring any damage, defects or lack of functionality that we are aware of to your attention in the product description.

Impact of the nature of the products being sold on your rights and remedies as a consumer. While our products are still required to be of satisfactory quality in accordance with the Consumer Rights Act 2015, this will not be assessed by the same standard as new goods (for example, the battery life of a second-hand laptop would not be expected to achieve the same performance of the battery life of a new laptop). Minor defects in a product (for example, a small scratch) will not normally mean the product is not of satisfactory quality. However, our products will still work, unless we have told you about any lack of functionality in the product description.

Your rights if you are a business. We warrant that on delivery, and for a period of 3 months from the date of delivery (warranty period), any products shall:

  • conform in all material respects with their description; and
  • be free from material defects in design, material and workmanship.

Your remedies if you are a business. Unless an exception applies (see Exceptions to business customers' warranty) if:

  • you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the business customer warranty (see Your rights if you are a consumer);
  • we are given a reasonable opportunity of examining such product; and
  • you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.

Exceptions to business customers' warranty. We will not be liable for a product's failure to comply with the business customer warranty (see Your rights if you are a business) if:

  • you make any further use of such product after telling us it is non-compliant;
  • the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
  • you alter or repair the product without our written consent; or
  • the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

We can change products and these terms

Changes we can always make We can always change a product:

  • to reflect changes in relevant laws and regulatory requirements;
  • to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the product.

Changes we can only make if we give you notice and an option to terminate. can change these terms, but if we do so we'll notify you and you can then contact us by email at: ask@furbd.org.uk or telephone on: 01642 23 22 20 ext. 221 to end the contract before the change takes effect and receive a refund for any products you've paid for in advance.

We can suspend the supply of a product. We do this to:

  • deal with technical problems or make minor technical changes; or
  • update the product to reflect changes in relevant laws and regulatory requirements

We can withdraw products

We can stop providing a product at any time. We let you know if we decide to withdraw a product.

We can end our contract with you

We can end our contract with you for a product and claim any compensation due to us (including enforcement costs) if:

  • you don't make any payment to us when it's due and you still don't make payment within 14 days of our reminding you that payment is due;
  • you don't, within a reasonable time, allow us to deliver the product to you we treat your order as cancelled and refund the purchase price, see If you are a consumer and you bought online, you have a legal right to change your mind .

We don't compensate you for all losses caused by us or our products

Our liability to consumers. We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

  • Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
  • Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control.
  • Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions .
  • A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Your rights if you are a business.

Our liability to businesses. you're a business, then, except in respect of the losses described in Losses we never limit or exclude:

  • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
  • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to one hundred per cent (100%) of the total sums paid by you for products under such contract.

Losses we never limit or exclude Nothing in these terms shall limit or exclude our liability for:

  • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
  • fraud or fraudulent misrepresentation;
  • breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
  • any matter in respect of which it would be unlawful for us to exclude or restrict liability.

No implied terms about goods. Except to the extent expressly stated in Your rights if you are a business, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice: Privacy Policy page.

You have several options for resolving disputes with us

Our complaints policy. Our Customer Service Team, contactable by email at: ask@furbd.org.uk or telephone on:01642 23 22 20 ext. 221, will do their best to resolve any problems you have with us or our products as per our Complaints Policy. A copy of our Complaints Policy is available from our Customer Service Team on request.

You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and if you are a consumer. we'll ensure that the transfer won't affect your rights under the contract

You can only transfer your contract with us to someone else if we agree to this. We can require the new owner to prove you transferred the product to them, for example by providing evidence of the transfer If you're a business you need our agreement to transfer your contract with us and it's entirely up to us whether we give it.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.