Terms and Conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Class Fundraising Ltd’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘Class Fundraising’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Class Fundraising, Unit 9, Vanguard Court, Preston Farm, Stockton on Tees, TS18 3TR. The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales and the exclusive jurisdiction of the courts of England and Wales.

Class Fundraising – Terms and Conditions of Supply

Interpretation

Definitions:

Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 11.3.
Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
Customer: the person or firm who purchases the Goods from the Supplier.
Force Majeure Event: an event or circumstance beyond a party’s reasonable control.
Goods: the goods (or any part of them) set out in the Order.
Image: any image for inclusion in the Goods that is agreed in writing by the Customer and the Supplier.
Order: the Customer’s order for the Goods.
Supplier: Class Fundraising Limited (registered in England and Wales with company number 07331305).
Unit: means the quantity of Goods in each standard customer package specified on the Supplier’s website.

Basis of contract

These Conditions apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
These Conditions shall apply to any services provided by the Supplier prior to the Order being submitted by the Customer, including provision of Images by the Customer and samples by the Supplier.
The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable sample provided by the Supplier to the Customer are complete and accurate.
The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, at which point the Contract shall come into existence.
[A quotation for the Goods given by the Supplier shall not constitute an offer. A quotation shall only be valid for a period of [20] Business Days from its date of issue.]

Goods

The Customer shall indemnify the Supplier against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Supplier in connection with any claim made against the Supplier for:

actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the Supplier’s use of the Image; and/or
any failure by the Customer to obtain the consent of a parent to use of his/her child’s Image in producing the Goods.

[The Supplier reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements.]

Delivery

The Supplier shall ensure that each delivery of the Goods is accompanied by a delivery note that shows the date of the Order, the contract number, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Customer that the Goods are ready.
Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
[If the Customer fails to take delivery of the Goods within three Business Days of the Supplier notifying the Customer that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or the Supplier’s failure to comply with its obligations under the Contract:

delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day after the day on which the Supplier notified the Customer that the Goods were ready; and
the Supplier shall store the Goods until delivery takes place and charge the Customer for all related costs and expenses (including insurance).]

The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

Quality

The Supplier warrants that on delivery, and for a period of [12] months from the date of delivery (warranty period), the Goods shall:

conform in all material respects with their description and any applicable Specification;
be free from material defects in design, material and workmanship; and
be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
be fit for any purpose held out by the Supplier.

Subject to clause 5.3, if:

the Customer gives notice in writing to the Supplier 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 5.1;
the Supplier is given a reasonable opportunity of examining such Goods; and
the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier’s place of business at the Customer’s cost,
the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

The Supplier shall not be liable for the Goods’ failure to comply with the warranty set out in clause 5.1 in any of the following events:

the Customer makes any further use of such Goods after giving notice in accordance with clause 5.2;
the defect arises as a result of the Supplier following any drawing, design or Specification supplied by the Customer;
the Customer alters or repairs such Goods without the written consent of the Supplier; or
the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.

Except as provided in this clause 5, the Supplier shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 5.1.
These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.

Title and risk

The risk in and title to the Goods shall pass to the Customer on completion of delivery.

Price and payment

The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in the Supplier’s published price list in force as at the date of delivery.
Where an Order is for fewer than 25 Units, the Supplier may charge the sum of £8.50 for shipping.
Where an Order is in respect of a number of Units that is less than 10% of the number of samples sent to the Supplier by the Customer, the Supplier may charge the additional sum of £25 to cover the costs of handling fees, processing and printing fees for samples, sample delivery.
Where the Supplier sends samples to the Customer at the request of the Customer and no Order is placed, the Supplier may charge 25p for each sample to cover the price of processing and printing (except where the parties have agreed otherwise in writing).

Termination

Without limiting its other rights or remedies, the Supplier may terminate this Contract with immediate effect by giving written notice to the Customer if:

the Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 30 days of being notified in writing to do so;
the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), 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 its assets or ceasing to carry on business;
the Customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; or
the Customer’s financial position deteriorates to such an extent that in the Supplier’s opinion the Customer’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.

Without limiting its other rights or remedies, the Supplier may suspend provision of the Goods under the Contract or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed in clause 8.1(a) to clause 8.1(d), or the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.
[Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.]
[On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest.]
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 this Contract that existed at or before the date of termination.
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.

Limitation of liability

Nothing in these Conditions shall limit or exclude the Supplier’s liability for:
death or personal injury caused by its negligence, or the negligence of its 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
defective products under the Consumer Protection Act 1987; or
any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.

Subject to clause 9.1:

the Supplier 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 profit, or any indirect or consequential loss arising under or in connection with the Contract; and
the Supplier’s total liability 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 price of the Goods.

Force majeure

Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from a Force Majeure Event.

General

Subcontracting.

The Supplier may subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.

Entire agreement

This Contract together with the Supplier’s Privacy Policy constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
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 this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

Variation

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

Waiver

No failure or delay by a party to exercise any right or remedy provided under the Contract 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.

Severance

If any provision or part-provision of the Contract 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 shall not affect the validity and enforceability of the rest of the Contract.

Notices

Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier or email.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 11.6(a); if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by email, one Business Day after transmission.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

Third party rights

No one other than a party to this Contract shall have any right to enforce any of its terms.

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.

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 this Contract or its subject matter or formation.

Class Fundraising Competitions Terms and Conditions

Please read these competition rules carefully. If you enter one of our competitions, we will assume that you have read these rules and that you agree to them.

To enter a competition you must be: (a) UK resident; and (b) 18 years old or over at the time of entry.
Competitions are not open to employees (or members of their immediate families) of Class Fundraising Ltd.
Entries only valid for the current academic year to win a refund of the money that you have spent with us in that year in respect of an order for tea towels or Christmas cards.
Only one entry per school/organisation.
No competition entries are accepted via Facebook.
No responsibility is accepted for entries that are lost or delayed, or which are not received for any reason. The fact that you have sent an e-mail is not proof that we have received that e-mail entry.
The winner will be the entrant who is drawn at random by us from all the entries by January 31st in the applicable academic year.
The closing date is as specified in each competition, and Class Fundraising reserves the right to amend the competition end date at any time.
If you win a competition, we will notify you by post and e-mail. The judges’ decision will be final, and no correspondence will be entered into.
You can find out who has won a particular competition by sending a stamped addressed envelope, marked with the name of the competition to Class Fundraising Ltd, Unit 9, Vanguard Court, Preston Farm, Stockton on Tees, TS18 3TR.
The prize will not be transferable to another person.
No part of a prize is exchangeable for cash or any other prize.
Incorrectly completed entries will be disqualified.
This competition is being run by Class Fundraising Ltd of Unit 9, Vanguard Court, Preston Farm, Stockton on Tees, TS18 3TR.
Please read our Privacy Policy which tells you how we use any personal information we may collect about you by entering a competition.
Class Fundraising reserves the right to amend these rules at any time. Additional rules may apply to a specific competition only and will be published on the relevant competition page.
Class Fundraising will endeavour to send each prize within a month of the competition draw date but does not guarantee this delivery time.
These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.