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Terms of Sale
Sylva by Carbon Char Store Limited

Where to find information about us and our products

You can find everything you need to know about us, THE CARBON CHAR STORE LIMITED and our products on our website or from our sales staff before you order. We also confirm the key information to you in writing after you order.

No guarantee that your Sylva will convert to Sylva certs

By purchasing Sylva, you are helping to fund the development of technology that will remove CO2 from the atmosphere. THE ISSUE OF SYLVA IS NOT EVIDENCE THAT CO2 HAS BEEN REMOVED FROM THE ATMOSPHERE BECAUSE OF YOUR PURCHASE. ONLY A SYLVA CERT CONFIRMS THAT CO2 HAS BEEN REMOVED FROM THE ATMOSPHERE BECAUSE OF YOUR PURCHASE. WE DO NOT GUARANTEE THAT THIS TECHNOLOGY WILL BE SUCCESSFUL AND ACCORDINGLY WE DO NOT GUARANTEE THAT YOUR SYLVA WILL EVER BE CONVERTED INTO SYLVA CERTS. BY PLACING AN ORDER TO PURCHASE SYLVA YOU ARE DEEMED TO HAVE ACCEPTED THAT YOUR SYLVA MAY NEVER BE CONVERTED INTO SYLVA CERTS AND YOU AGREE THAT YOU WILL NOT BE ENTITLED TO A REFUND FOR THE SYLVA YOU HAVE PURCHASED FOR THIS REASON.

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:

  • We only accept orders when we’ve checked them.
  • Sometimes we reject orders.
  • We charge you when we accept your order.
  • We charge interest on late payments.
  • We pass on increases in VAT.
  • We’re not responsible for delays outside our control.
  • You’re responsible for making sure your measurement and estimate of your carbon footprint are accurate.
  • We charge you if you don’t give us information we need
  • If you are a consumer and you bought online, you have a legal right to change your mind.
  • You can end an on-going contract (find out how).
  • You have rights if there is something wrong with your product.
  • We can change products and these terms.
  • We can suspend supply (and you have rights if we do).
  • We can withdraw products.
  • We can end our contract with you.
  • We don’t compensate you for all losses caused by us or our products.
  • We use your personal data as set out in our Privacy Notice.
  • You have several options for resolving disputes with us.
  • Other important terms apply to our contract.

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 then we contact you again to confirm we’ve accepted it.

Sometimes we reject orders

Sometimes we reject orders, for example, because a credit reference we have obtained is unsatisfactory, because we can’t verify your age (where the product is age-restricted), or where we can’t verify your identity or the source of funds you are using to purchase Sylva, or 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 already paid.

We charge you when we accept your order

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 pass on increases in VAT

If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We’re not responsible for delays outside our control

If our supply of your product is delayed by an event outside our control, we 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 our Customer Service Team to end the contract and receive a refund for any products you have paid for in advance, but not received.

You’re responsible for making sure your estimates of your carbon footprint are accurate

You are responsible for making sure your estimates of your carbon footprint are correct and we are not liable to you if you have made a mistake.

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

Your legal right to change your mind. You have a legal right to change your mind about your purchase and receive a refund of what you paid for it. This is subject to some conditions, as set out below.

When you can’t change your mind. You can’t change your mind about an order for digital products, after you have started to download or stream these.

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 confirm we have accepted your order, if it is for digital content for download, although you can’t change your mind about digital content once we have started providing it.

How to let us know. To let us know you want to change your mind, contact our Customer Service Team.

You have to pay for services you received before you change your mind. If you bought a service we don’t refund you for the time you were receiving it before you told us you’d changed your mind.

When and how we refund you. If your product is a service or digital content that hasn’t been delivered, we refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. We refund you by the method you used for payment. We don’t charge a fee for the refund.

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. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.

Summary of your key legal rights

SYLVA (and any SYLVA cert) is digital content, and the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

·      If your digital content is faulty, you’re entitled to a repair or a replacement.

·      If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

·      If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation

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; and
  • to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.

Changes we can only make if we give you notice and an option to terminate. We can also make the following types of change to the product or these terms, but if we do so we’ll notify you and you can then contact our Customer Service Team to end the contract before the change takes effect and receive a refund for any products you’ve paid for in advance, but won’t receive.

We can suspend supply (and you have rights if we do)

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

  • deal with technical problems or make minor technical changes;
  • update the product to reflect changes in relevant laws and regulatory requirements; or
  • make changes to the product (see We can change products and these terms).

We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If we suspend supply, or tell you we’re going to suspend supply, for more than 14 days, you can contact our Customer Service Team to end the contract and we’ll refund any sums you’ve paid in advance for products you won’t receive.

We can withdraw products

We can stop providing a product, such as an ongoing service or a subscription for digital content. We let you know at least 14 days in advance and we refund any sums you’ve paid in advance for products which won’t be provided.

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; and/or
  • you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, information necessary for us to verify your identity and the source of the money you intend to spend with us.

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.
  • 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 or having the minimum system requirements advised by us.
  • 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. If 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 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 Policy

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

You have several options for resolving disputes with us

Our complaints policy. Our Customer Service Team: will do their best to resolve any problems you have with us or our products.

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. If you’re a consumer we may not agree if we reasonably believe or suspect that the transfer is for fraudulent, criminal or other illegal or immoral purposes.

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.

 

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