Terms and Conditions
What these terms cover. These are the terms and conditions on which we supply products to you. In these terms 'Rainbow' means Rainbow Eco Products Limited, registered number 07797328, registered office at Higher Whitnell Farm, Binegar, Somerset, BA3 4UJ and 'customer' means the person engaging supply of products, and if the Customer is an individual who is not acting in the course of trade, business, craft or profession they are a 'consumer customer'
All customers (but in particular Consumer Customers) should read these terms carefully before entering into them. These terms tell Customers who Rainbow are, how it will provide products to the Customer, how the Customer and Rainbow may change or end the contract, what to do if there is a problem and other important information.
About us and how to contact us
How to contact Rainbow. Customers can contact Rainbow by telephoning the customer service team at 01749 841728, emailing us at email@example.com or writing to us at Higher Whitnell Farm, Binegar, Radstock, Somerset BA3 4UJ.
How Rainbow may contact Customers. If Rainbow has to contact Customers it will do so by telephone or by writing to the Customers at the email address or postal address the Customer provided to Rainbow in their order.
Writing includes emails. 'writing' or 'written' in these terms includes emails.
Basis of contract
How Rainbow will accept the order. Rainbow's acceptance of the Customer's order will take place when it emails the Customer to accept it, at which point a contract will come into existence between the Customer and Rainbow or where a Customer attends Rainbow's premises, when Rainbow tells the Customer that Rainbow is able to provide the product.
If Rainbow cannot accept your order. If Rainbow is unable to accept the order, it will inform the Customer of this and will not charge the Customer for the product. This might be because the product is out of stock, because of unexpected limits on Rainbow's resources which it could not reasonably plan for, because Rainbow has identified an error in the price or description of the product or because Rainbow is unable to meet a delivery deadline the Customer has specified.
Order Number. Rainbow will assign an order number to the order and tell the Customer what it is when Rainbow accepts your order. It will help Rainbow if the Customer provides the order number whenever contact is made.
4.1 Products may vary slightly from their pictures. The images of the products on Rainbow's website are for illustrative purposes only. Although Rainbow has made every effort to display the colours accurately, it cannot guarantee that a device's display of the colours accurately reflects the colour of the products. The customer's product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on Rainbow's website.
5. Rainbow's rights to make changes
5.1 Minor changes to the products. Rainbow may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect the Customer's use of the product.
6. Delivery and Collection
6.1 Delivery costs - The costs of delivery will be displayed to you on our website where applicable.
6.2 When Rainbow will provide the products.
(a) One-off purchase. Rainbow will deliver the products to the Customer as soon as reasonably possible and in any event within 30 days after the day on which Rainbow accepts the order.
(b) Ongoing subscription to receive the products. Rainbow will supply the products to the Customer until either the subscription expires (if applicable) or the Customer ends the contract as described in clause 7 or Rainbow ends the contract by written notice to the Customer as described in clause 3.
6.3 Rainbow is not responsible for delays outside its control. If Rainbow's supply of products is delayed by an event outside its control then it will contact the Customer as soon as possible to let them know and Rainbow will take steps to minimise the effect of the delay. Provided Rainbow do this it will not be liable for delays caused by the event, but if there is a risk of substantial delay the Customer may contact Rainbow to end the contract and receive a refund for any products the Customer has paid for but not received.
6.4 Collection. If the Customer has asked to collect the products from Rainbow's premises, the Customer can collect them from Rainbow at any time during its working hours on weekdays (excluding public holidays and Saturdays).
6.5 If the Customer is not at the delivery address when the product is delivered. If no one is available at the delivery address to take delivery and the products cannot be posted through the letterbox, Rainbow's courier will leave a note informing the Customer of how to rearrange delivery or collect the products from a local depot.
6.6 If the Customer does not re-arrange delivery. If the Customer does not collect the products from Rainbow as arranged or if, after a failed delivery to the Customer, the Customer does not re-arrange delivery or collect them from a delivery depot Rainbow will contact the customer for further instructions and may charge the customer for storage costs and any further delivery costs. If, despite Rainbow's reasonable efforts, it is unable to contact the customer or re-arrange delivery or collection Rainbow may end the contract and clause 3.2 will apply.
6.7 When the customer becomes responsible for the products. The products will be the customers responsibility from the time Rainbow delivers the product to the address given or the customer collects it from Rainbow.
6.8 When the customer owns the product. The customer owns the product once Rainbow has received payment in full.
6.9 Reasons Rainbow may suspend the supply of products to the customer. Rainbow may have to suspend the supply of a product to deal with technical problems or make minor technical changes, update the product to reflect changes in relevant laws and regulatory requirements and/or make changes to the product as requested by the customer or notified by Rainbow to the customer (see clause 5).
6.10 Customer's rights if Rainbow suspends the supply of products. Rainbow will contact the customer in advance to tell the customer if Rainbow will be suspending supply of the product, unless the problem is urgent or an emergency. If Rainbow has to suspend the product (for longer than …….. in any ………) it will adjust the price so that the customer does not pay for the products while they are suspended. The customer may contact Rainbow to end the contract for a product if Rainbow suspends it, or tells the customer Rainbow is going to suspend it, in each case for a period of more than …… and Rainbow will refund any sums the customer has paid in advance for the product in respect of the period after the customer ends the contract.
6.11 Rainbow may also suspend supply of the products if the customer does not pay. If the customer does not pay Rainbow for the products when the customer is supposed to (see clause 8.4) and the customer still does not make payment within 10 days of Rainbow reminding the customer that payment is due, Rainbow may suspend supply of the products until the customer has paid us the outstanding amounts. Rainbow will contact the customer to tell them it is suspending supply of the products. Rainbow will not suspend the products where the customer disputes the unpaid invoice (see clause 8.6). Rainbow will not charge the customer for the products during the period for which they are suspended. As well as suspending the products Rainbow can also charge interest on the customer overdue payments (see clause 8.5).
7.1 Consumer customers should refer to the additional termination provisions contained in the schedule to these terms.
7.2 Without affecting any other right or remedy available to it, either party may terminate the contract with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of its obligations under the contract and (if such breach is remediable) fails to remedy that breach within 15 days after receipt of notice in writing to do so;
(b) the other party 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 solvent restricting), being wound up (whether voluntary or by order of the court, unless for the purpose of solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
(c) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
(d) the other party's financial position deteriorates to such an extent that in the terminating party's opinion the other party's capability to adequately fulfil its obligations under the contract has been placed in jeopardy.
7.3 Without affecting any other right or remedy available to it, Rainbow 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 the payment.
7.4 On termination of the contract, the customer shall immediately pay Rainbow all of its outstanding invoices
7.5 Termination of the contract shall not affect any rights, remedies, obligations and liabilities of the parties that have accrued up the date of termination, including the right to claim damages in respect of any breach of the contract which existed before the date of termination. Any provision of the contract that expressly or by implication is intended to have effect after termination shall continue in full force and effect.
Price and Payment
8.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when the customer placed their order. Rainbow takes all reasonable care to ensure that the price of the product advised to the customer is correct. However please see clause 8.3 for what happens if Rainbow discovers an error in the price of the product you order.
8.2 Rainbow will pass on changes in the rate of VAT. If the rate of VAT changes between the Customer's order date and the date we supply the product, Rainbow will adjust the rate of VAT that the customer pays, unless the customer has already paid for the product in full before the change in the rate of VAT takes effect.
8.3 What happens if Rainbow get the price wrong. It is always possible that, despite Rainbow's best efforts, some of the products Rainbow sell may be incorrectly priced. Rainbow will normally check prices before accepting the Customer's order so that, where the product's correct price at the Customer's order date is less than our stated price at the customers order date, Rainbow will charge the lower amount. If the product 's correct price at the customers order date is higher than the price stated to the customer, Rainbow will contact the customer for their instructions before Rainbow accepts the order.
8.4 When the customer must pay and how the customer must pay. Rainbow accepts payment with ………………… The customer must pay within 30 days of Rainbow's invoice being issued to the customer.
8.5 Rainbow can charge interest if the customer pays late. If the customer does not make any payment to Rainbow by the due date Rainbow may charge interest to the customer on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. The customer must pay Rainbow interest together with any overdue amount.
8.6 What to do if the customer thinks an invoice is wrong. If the customer thinks an invoice is wrong they should contact Rainbow promptly to let Rainbow know. The customer will not have to pay any interest until the dispute is resolved. Once the dispute is resolved Rainbow will charge the customer interest on correctly invoiced sums from the original due date.
9. Our responsibility for loss or damage suffered by the customer
9.1 Rainbow is responsible to the customer for foreseeable loss and damage caused by Rainbow. If Rainbow fails to comply with these terms, it is responsible for loss or damage the customer suffers that is a foreseeable result of Rainbow breaking this contract or Rainbow failing to use reasonable care and skill, but Rainbow is 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 the contract was made, both parties knew it might happen, for example, if the customer discussed it with Rainbow during the sales process.
9.2 Rainbow does not exclude or limit in any way our liability to the customer where it would be unlawful to do so. This includes liability for death or personal injury caused by Rainbow's negligence or the negligence of Rainbow's employee's, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of the customer's legal rights in relation to the products.
10. How Rainbow may use the customer's personal information
11. Other important terms
11.1 Rainbow may transfer this agreement to someone else. Rainbow may transfer its rights and obligations under these terms to another organisation.
11.2 The customer need's Rainbow's consent to transfer their rights to someone else (except that the customer can always transfer Rainbow's guarantee). The customer may only transfer their rights or obligations under these terms to another person if Rainbow agrees to this in writing. However, the customer may transfer any guarantee given by Rainbow to a person who has acquired the product. Rainbow may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant product.
11.3 Nobody else has any rights under this contract (except someone the customer passes their guarantee on to). This contract is between the customer and Rainbow. No other person shall have any rights to enforce any of its terms, except as explained in clause 11.2 in respect of any guarantee. Neither party will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
11.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.5 Even if Rainbow delays in enforcing this contract, Rainbow can still enforce it later. If Rainbow does not insist immediately that the customer does anything the customer is required to do under these terms, or if Rainbow delays in taking steps against the customer in respect of the customer breaking this contract, that will not mean that the customer does not have to do those things and it will not prevent Rainbow taking steps against the customer at a later date. For example, if the customer misses a payment and Rainbow does not chase the customer but Rainbow continues to provide the products, Rainbow can still require you to make the payment at a later date.
11.6 Entire Agreement. This clause does not apply to the consumer customers. These terms constitute 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 acknowledges that entering into these terms it does not rely on and 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 terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misrepresentation based on any statement in these terms.
11.7 Which laws apply to this contract and where the customer may bring legal proceedings. These terms are governed by English and Welsh law and the customer can bring legal proceedings in respect of the products in the English and Welsh courts. If the consumer customer lives in Scotland the consumer customer can bring legal proceedings in respect of the products in either the Scottish or the English and Welsh courts. If the consumer customer lives in Northern Ireland the consumer customer can bring legal proceedings in respect of the products in either the Northern Irish or the English and Welsh courts.