TERMS AND CONDITIONS OF USE OF THE AFGHAN ACTION WEBSITE FOR DONATIONS FOR ETHICAL GIFTS, AND FOR PURCHASE OF CARPETS

Corporate Structure

Afghan Action Ltd is a company registered in the UK (No. 5420629) and limited by shares. Afghan Action Ltd is wholly owned by the Afghan Training Foundation (ATF), a company  limited by guarantee and registered in the UK (No. 5420647) ATF is also a registered charity ( No.1111897),

 

Registered Office:
169 Westmount Road,

London,

SE9 1XY

T +44 (0)20 3201 0049
E  admin@afghanaction.com
W www.afghanaction.com
 

I - USE OF THE WEBSITE

Access to and use of the website AfghanAction.com is provided by Afghan Action Limited (AA) subject to the following terms and conditions:

General

1. By using afghanaction.com, you agree to be legally bound by these terms and conditions, which shall take effect from your first use of afghanaction.com.

 

2. AA reserves the right to change these terms and conditions at any time by posting changes online. Your continued use of afghanaction.com after changes are posted means that you agree to be legally bound by these terms and conditions as updated and/or amended.

 

3. If these terms and conditions are not accepted in full, the use of this site must be terminated immediately.

 

4. English law governs these term and conditions and the parties agree to submit to the exclusive jurisdiction of the English courts.

 

5. For the purposes of this agreement, "content" means all material of whatever nature published on afghanaction.com including, without limitation, text, video, graphics and audio, whether copyright of AA, ATF or a third party.

 

Use of Afghanaction.com

 

6. You may not copy, reproduce, duplicate, republish, sell, download, post, broadcast, transmit or otherwise use afghanaction.com content in any way except for non-commercial personal or educational use. You also agree not to adapt, alter or create a derivative work from any afghanaction.com content except for non-commercial personal or educational use. By using any such content, you agree and undertake to both AA and ATF that such use is for non-commercial personal or educational use only. Any other use of afghanaction.com content requires the prior written permission of AA.

 

7. You agree and undertake to use afghanaction.com only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of afghanaction.com.

 

8. The names, images and logos identifying the AA, ATF or third parties and their products and services are subject to copyright, design rights and trade marks of AA, ATF and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trademark, patent, design right or copyright of AA, ATF or any other third party.

 

9. If there is any conflict between these terms and conditions and rules and/or specific terms of use appearing on specific sections of the website, then the latter shall prevail.

Disclaimers and limitation of liability

 

10. The contents of afghanaction.com content are correct to the best of AA’s knowledge but  no representations or any kind of warranty are made (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

 

11. Neither AA nor ATF will be liable for any damages, including indirect or consequential damages, or any damages arising from use or loss of use, data or profits, whether in contract, negligence or other tortious action, arising from or in connection with the use of afghanaction.com.

 

12. AA does not warrant that functions contained in afghanaction.com content will be uninterrupted or error free, that defects will be corrected, or that afghanaction.com or the server that makes it available are free of viruses or bugs.

 

13. You can access other sites via links from afghanaction.com. These sites are not under our control and we are not responsible in anyway for their contents.

Consumers’ Rights

 

14. These conditions do not affect your statutory rights as a consumer, and if a condition is not consistent with any such right, and is capable of severance, it shall be severable without affecting any other condition.

 

 

II - TERMS AND CONDITIONS APPLICABLE TO ETHICAL GIFTS

General

15. The terms and conditions in this Part II apply to all donations for the purchase by us of ethical gifts and services for delivery to the Afghan Action training school and factory in Kabul, Afghanistan, and the restocking of the sheep flock of the Kuchi nomadic people from http://www.afghanaction.com/

16. You may only make a donation for the purchase of an ethical gift if you agree to these terms and conditions.

17. By making a donation you are deemed to have accepted these terms and conditions as governing such donation.

Trading

18. All donations are paid to the Afghan Training Foundation (Registered charity number 1111897).

19. Your donation to the ATF will, to the extent possible, be applied in buying the specific ethical gift or service that you request. If, however, in the unlikely event that despite our best efforts to buy the specific gift or service you request, we are unable to do so, for whatever reason, your donation will be applied in the general furtherance of the objects of the ATF.

Donations

20. Simply go online, select the ethical gift that you wish to be purchased with your donation, and telephone the London office number 020 3201 0049.

21. Payment is by cheque/postal order made payable to the “Afghan Training Foundation” .We will then send you a card that explains the gift that you have selected,  together with an ethical greetings card.

22. When you make your donation you are allowing www.afghanaction.com to use your personal details to fulfil your order. In the event of there being a problem with your order we will communicate with you via e-mail, telephone or letter.

23. The supply of ethical gifts from this site is subject to availability, and our administration staff will be only to willing to talk to you about the ethical gifts still available for purchase.

Delivery

24. From the time we receive your donation, we aim to deliver the gift and your ethical greeting card to the person of your choice within 7 working days. However please allow another seven working days before querying a non-delivery. If ordering from or sending to overseas, please allow an extra 7 days. Orders must be placed by Friday 15th December, 2006, for delivery in the UK or the Republic of Ireland prior to Christmas.

25. Deliveries can be made to any address across the world.

Order cancellation and amendments

26. Please note that once an order has been placed we are unable to accept any cancellation of the order or make any amendments to the address or items ordered.

 

 

III - TERMS AND CONDITIONS APPLICABLE TO CARPETS

27. Your use of this website to purchase carpets is governed by these terms and conditions as well as our privacy policy and website terms of use . Please read these documents carefully before using our site or placing an order. By placing an order you agree to the terms and conditions set out below.

28. How to conclude a contract with us using this website:

(a) Make sure you have read and understand our terms. It is your responsibility to read the legal terms on our website carefully and to raise any problems with us before you place your order. 

(b) Browse our website www.afghanaction.com.

This website contains information about our carpets which you will need to know before you place your order including descriptions of our carpets, current prices and our delivery and returns policies.

29. The information about the carpets on our website constitutes an "invitation to treat" and is not a contractual offer from us which you may accept. This means that we reserve the right to correct any errors in that information without liability to you. It also means that in no circumstances will we be contractually bound to supply you with carpets on the basis of any incorrect information, even if that information is repeated in your order.

30. Select each carpet you wish to purchase

You can select any carpet you wish to purchase by clicking on the "add to basket" button. You will be taken to your shopping basket whenever you add a new item, but you can also view the contents of your shopping basket by clicking on the "shopping basket" button. The shopping basket screen lists your current selection of items with description, price and current subtotal. You can edit the contents of your basket and remove any input errors by removing items or changing quantities.

31. Making a Purchase

To purchase the items in your basket and proceed with your order using our secure online purchasing facility, click on the "Checkout" button on the shopping basket screen. You will then be asked to enter your email address and password if you are an existing user of the site, or to register if you are a new user. You will then be transferred to our secure server provider, DataCash to complete your order, or our order form should you select to pay using a cheque or postal order.

You will be asked to provide certain information we need to enable us to process your order such as your preferred delivery address and payment details. It is your responsibility to provide us with sufficient information to process you order.

We will acknowledge receipt of your order by email. This is not our acceptance of your order, but confirmation that it has been received.

32. Wait for acceptance of your order . You may not assume we have accepted your order until we send you an acceptance by email. Our acceptance by e-mail is the acceptance of your offer to purchase the goods you have ordered. Only if and when you receive our acceptance will we have a binding contract between us, on the terms and conditions set out in this website.

33. You may receive acknowledgement from our payment processor advising you whether or not your credit or debit card payment has been authorised. This acknowledgement relates to your payment only and is not our acceptance of your order.

34. We will be entitled to refuse to accept your order if in our sole discretion we consider it necessary. In particular we must receive payment of the whole of the price for the goods that you order before your order can be accepted. If we refuse your order we will let you know as soon as we can. If we accept your order we will inform you without undue delay.

35. Once we have entered into a contract with you we shall supply you with the carpet(s) specified in your order in accordance with the terms of the contract.

How can I pay?

36. From the 1st December, 2006 you will be able to use DataCash – our trusted secure payment service. If you select to pay using our trusted partner, from 1st December, 2006 you will be transferred to a secure server to enter your credit/debit card details.

37. Cheque or Postal Order
Please make your cheque payable to “Afghan Action Ltd”, and post to:- Afghan Action Ltd, 169 Westmount Road, London, SE9 1XY

38. Telephone Order/Visa and debit card payments
If you would prefer to speak to one of our administration advisors, Visa credit and debit card payments can be taken over the phone on 020 8981 2670

39. Alternatively you are welcome to visit our London office, through a telephone appointment, and select and pay for your unique carpet.

What are the delivery costs?

40. Deliveries will be subject to weight and other factors, and will be charged at a minimum of £11.00 for one carpet. These charges cover the whole UK and the Republic of Ireland.

41. For deliveries outside these areas, please contact us at admin@afghanaction.com and we will be happy to provide a quotation.

How will my rug be delivered?

42. Delivery is usually made within 7 working days to the address given in your order. Delivery will be made using our professional couriers, DHL, who will ensure that your purchase arrives with care and in a secure plastic packaging.

43. All deliveries will require a signature, confirming that the carpet is in good order and condition.. If no one is at home then a card will be left with contact details for the courier and a response must be made within 7 days. Failure to respond to the courier’s card will result in your rug being returned to us, and an additional postage charge will be incurred.

44. To compensation is payable if the goods are not delivered within this time frame. You will be informed by email once your order has been dispatched, stating details of the courier used and the consignment note number.

45. Deliveries outside the UK or the Republic of Ireland require prior arrangement In that case, sending us by e-mail your address and area code, so that we can provide a quotation for the delivery costs.

46. You can choose to visit our London office, by appointment, and pick up your carpet thereby saving on the delivery charge.

What is our Privacy and security policy?

47. The security and privacy of our customers details are of the utmost importance to us. Our online payments are processed by DataCash, who provide a highly secure payment service for all major credit and debit cards. The DataCash encrypted service ensures that no one, including ourselves can ever see your card details.

48. All other details you supply will only be used to complete your order and will only be used by ourselves. None of your personal details will ever be passed on to any other individual or company. Your address will need to be passed on to our professional couriers who will use it for delivery purposes only.

49. Please contact us if you ever wish to view the details we hold about you on our order database.

Price

50. All prices stated as payable on this website are exclusive of any value added tax (“VAT”) chargeable thereon. Any VAT which is chargeable will be clearly shown as an additional charge on the screen displayed after you press the “checkout” button. At present (1 November 2007) we are not VAT registered but our circumstances may change in the future.

Carpet Cancellations & Returns

51. On delivery of a carpet, it must be signed for by you, certifying that the carpet is in a good and undamaged condition.

52. If the carpet is damaged or does not conform to the description of it on the website, this must be notified in detail on the delivery slip, and a copy taken of the slip. You will then be entitled to return the carpet to AA within seven days of delivery, and in its original packing, at your expense initially. AA will either refund to you the price of the carpet and the return delivery charge, or give you a credit against the price of a replacement carpet of your choice.

53. Whilst every effort is made to accurately reproduce the appearance of each carpet we stock - we cannot accept responsibility for any colour misrepresentations. Different colour display settings on computer monitors can have an effect on the appearance of colours in our carpet images.  If the colour of the carpet you receive differs significantly from its image  on the website, you may return your carpet, at your own expense, and AA will refund you the price only of the carpet.

Right of cancellation of the contract

54. AA may cancel the contract if:

• the carpet you have ordered is unavailable for any reason;
• we do not deliver to your area; or
• one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an
• error in the pricing information received by us from our factory.

55. If we do cancel the contract for either of these reasons we will notify you by e-mail and provide you with a full refund. We will not be obliged to pay any compensation as a result of the cancellation.

Ownership of Carpets

56. You will become the owner of the carpet you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

Compliance with Laws

57. You are responsible for observing and complying with all regulations and legislation applicable to a buyer and which affect your purchase.  This includes obtaining all necessary customs, import or other permits to purchase goods from our site. Certain national laws may prohibit the importation or exportation of certain of our goods to you.

58. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

59. To the extent that law permits us to do so, we exclude all our liability to you for any direct, indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem relating to the carpets you buy from us, other than the remedies listed in paragraphs 51 – 53 above.

 

Events beyond our control

60. We shall have no liability to you for any failure to deliver carpets  you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control.

Governing law

61. The contract between us shall be governed by English law.

Entire agreement

62. These terms and conditions together with our terms of use and privacy policy, your order and our acceptance set out the whole of our agreement relating to the supply of the carpets to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Except for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

The Contract

63. This contract will be in English and no other language.

64. The contract between us will consist of (1) these terms and conditions together with our terms of use and privacy policy, (2) your order and (3) our acceptance. We will not file the concluded contract between us online and you should therefore print out and retain copies of each element of the contract.