Our Terms | Co-forest

These terms
1. Background. Our mission is to acquire parcels of land and plant them as woodland or forest, which we will then preserve and maintain for the future (these terms refer to each parcel of land as a Site). We do this by asking for donations in respect of individual plots in a Site that we propose buying, with each plot measuring 10 square metres (or various multiples of 10 square metres), a quarter of an acre, half an acre or a full acre (these terms refer to each area for which we receive a donation as a Plot). In return, we allow each donor to name the Plot (we call this a Plot Name) with their own name, or their business’s name, or, if they are making a donation in order to give a Plot Name as a gift, the name of the recipient of that gift. Further details on Plot Names are set out in clause 4.3 (including the use of other names).
2. What these terms cover. These are the terms and conditions on which you make a donation in respect of a Plot, in exchange for us permitting you (or the recipient of your gift, where applicable) to choose the Plot Name.
3. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how you make a donation in respect of a Plot, what happens if we are unable to buy the land that the Plot would be located on, what you can do with the Plot and how you can give it a Plot Name, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
4. Are you a business or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if: You are an individual. You are making a donation in respect of a Plot and Plot Name wholly or mainly for your personal use or as a personal gift (not in connection with your trade, business, craft or profession). Provisions specific only to consumers or to business are specified as such within the clause headings or introductions.
5. If you are a business donor this is our entire agreement with you. If you are a business donor these terms constitute the entire agreement between us in relation to your donation. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
Information about us and how to contact us
1. Who we are. We are Coforest Limited, a company registered in England and Wales. Our company registration number is 12523607 and our registered office is at 14 New Bond Street, Bath BA1 1BE. We are a private company limited by guarantee without share capital.
2. How to contact us. You can contact us by telephoning us on 01225 588510 or by writing to us at team@coforest.co.uk or 14 New Bond Street, Bath BA1 1BE.
3. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
Our contract with you
1. How we will accept your donation. Our acceptance of your donation will take place when we email you to accept it, at which point a contract will come into existence between you and us.
2. If we cannot accept your donation. If we are unable to accept your donation for a Plot, we will inform you of this and will not charge you for your donation for the Plot. This might be because the Site or the Plot is no longer available and/or there are no other Plots available at the Site, because we have not received enough donations in respect of other Plots to fund the purchase of the Site or the Site is no longer for sale, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the required amount of the donation for, or the description of, the Plot.
3. We only accept donations for Plots from people and businesses in the UK. Our website is solely for the promotion of donations in the UK. Unfortunately, we do not accept donations in respect of Plots from addresses outside the UK.
Our Plots and Sites
1. Sites may vary from their pictures and their location may not be exact. The images of Sites on our website are for illustrative purposes only. Although we have made every effort to display Sites accurately, we cannot guarantee that a Site will be as pictured or at that exact location.
2. Plot locations are determined by us. Whilst you will decide the size of your Plot, we will choose its location, based on various factors including the size and shape of the Site and the number and size of Plots selected by others.
3. Plot Names. We will allow you to specify the Plot Name after making your donation. We will send you (or the recipient of your gift) a code that can be used to attach the Plot to an online account, where you (or the recipient of your gift) can then choose a Plot Name (recipients of multiple gifts can also join their plots together to form a single larger plot). Acceptable Plot Names are:
  1. (a) your own legal name; or
  2. (b) (for donations made in respect of the Plot as a gift for someone else) the legal name of the recipient of the gift; or
  3. (c) (if you are marking a donation in respect of the Plot as a business) the legal name of your business.If you wish to use any name other than a legal name in accordance with the above, we will only accept other names in our sole discretion. We may (in our sole discretion and without obligation to do so) agree to change the Plot Name in the event of a significant life event or change to your business (for example, if you change your name or, if you are a business, your business changes its name). If you wish to subsequently change the Plot Name, the same criteria as set out above will apply and we may require the payment of an administration charge before making the change. You agree that, if you use any Plot Name other than as set out in sub-clauses (a) to (c) above, we shall have the right (without liability to you) to replace the Plot Name with a placeholder name of our choosing or to change the Plot Name to your legal name or to remove the Plot Name entirely.
4. Plots may not be accessible. Whilst we may be able to make some Plots accessible to donors, this may not be possible due to numerous reasons, for example where Sites are landlocked (surrounded by land that we do not own), where Plots cannot be accessed for preservation reasons (for example, to protect wildlife or planting on that Plot or on surrounding Plots), or for other reasons. When considering making a donation, you should assume that you will not be able to access the Plot. Where we are able to give you access to your Plot, we will determine (in our sole discretion) when you may visit it, whether you may bring other people with you (and, if so, how many), and the rules governing your visit. Please note that we are unable to guarantee access to any Plot or Site.
5. Site facilities are discretionary and use of Site facilities may be limited. Whilst we hope to place appropriate facilities at our Sites, it may not always be possible for us to do so, due to local planning laws, restrictions affecting the use of the land, environmental reasons or costs constraints. Where we are able to establish facilities at a Site, we will determine (in our sole discretion) the nature of those facilities, who may use them and the rules governing their use.
6. No legal title in Plots. Your donation is in exchange for the right to choose the Plot Name of a Plot, together with the possibility of visiting that Plot in accordance with these terms. You are not buying a legal interest in the Plot or the Site or any land and, accordingly, will have no right to sell, mortgage, transfer or otherwise dispose of or deal with the Plot.
Your rights to make changes If you wish to make a change to the Plot after making your donation please contact us. We will let you know if the change is possible. If it is possible to make the requested change, we will let you know about any changes to the donation amount for the Plot or anything else that would be necessary as a result of your requested change, and ask you to confirm whether you wish to go ahead with the change.
Our rights to make changes
1. Minor changes to the Plot. We may change the Plot’s location or shape, or divide it into separate Plots with the same total size, depending on the size and shape of the Site and of other Plots that we sell.
Making your donation in respect of a Plot and Plot Name
1. When we will allocate the Plot and Plot Name. Your Plot will be reserved for you (or the recipient of your gift) when you have completed your donation through the donation process on our site. We will not be able to acquire the Site until we have received donations for the minimum number of Plots needed to fund the purchase of the Site, but the Plot will be reserved (using the Plot Name provided following redemption of the code that we issue via email) until we have purchased the Site. Once we have purchased the Site on which your reserved Plot is located, we will allocate your Plot Name to the Plot and we will contact you via email to let you know. Plot names will be publicly visible on the Co-Forest Website and you accordingly consent to your name (or, if applicable, your business’s name) being used in this way. If you are the recipient of a gift, you consent to your name being used in this way.
2. If we are unable to purchase the Site. We expect that it will take about 18 months to complete the purchase of the Site. However, it is possible that we may not be able to complete the intended purchase of the Site on which your Plot is located for a number of reasons, including (but not limited to) the owner of the land withdrawing it from sale or increasing the asking price, us not having received donations for the minimum number of Plots needed to fund the purchase of the Site, or if we discover something that makes the Site unviable. If we have not completed the purchase of the Site within 24 months (or if it becomes apparent sooner that the purchase will not be completed), we will contact you by email to let you know, and we will give you the option of either receiving a refund or transferring your donation to a Plot on another Site (if one is available).
3. We are not responsible for delays or events outside our control. If our proposed purchase of the Site where your Plot is located is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund of your donation or to transfer your donation a Plot on another Site (if one is available).
4. What will happen if you do not give required information to us. We may need certain information from you so that we can reserve your Plot or allocate your Plot Name to the Plot, for example, the required details for the Plot Name. If so, we will contact you by email to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for any resulting delay in reserving your Plot or allocating your Plot Name to your Plot, or for there being no available Plots on the Site by the time that you provide such information, if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Your rights to end the contract
1. Ending your contract with us. Your rights when you end the contract will depend on what we have provided, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business:
  1. (a) If what we have provided is defective or misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back), see clause 12 if you are a consumer;
  2. (b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
  3. (c) If you are a consumer and have just changed your mind about your donation, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
  1. (a) we have told you about an error in the required donation amount for a Plot or the description of the Site or Plot and you do not wish to proceed;
  2. (b) there is a risk that our purchase of the Site where your Plot is located may be significantly delayed because of events outside our control;
  3. (c) you have a legal right to end the contract because of something we have done wrong.
3. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
4. When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply once the services have been completed, even if the cancellation period is still running.
5. How long do consumers have to change their minds? If you are a consumer, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running.
How to end the contract with us (including if you are a consumer who has changed their mind)
1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
  1. (a) Phone or email. Call us on 01225 588510 or email us at team@coforest.co.uk. Please provide your name, home address, details of your donation and, where available, your phone number and email address.
  2. (b) By post. Print off the cancellation form at the end of this document (APX 1) and post it to us at the address on the form. Or simply write to us at that address, including your name, home address, details of your donation and, where available, your phone number and email address.
2. How we will refund you. If you are entitled to a refund under these terms we will refund your donation by the method you used for payment. However, we may make deductions from the price, as described below.
3. When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
Our rights to end the contract
1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
  1. (a) you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due; or
  2. (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to reserve your Plot or allocate your Plot Name to the Plot, for example, the required details for the Plot Name.
2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
3. We may withdraw the Site on which the Plot is located. We may write to you to let you know that we are going to be unable to acquire the Site on which your Plot is located. We will let you know by email as soon as possible after this becomes apparent to us, and we will give you the option of either receiving a refund or transferring your donation to a Plot on another Site (if one is available).
If there is a problem
1. How to tell us about problems. If you have any questions or complaints about your donation or about a Plot or Plot Name related to your location, please contact us. You can telephone us on 01225 588510 or write to us at team@coforest.co.uk or Co-forest, 14 New Bond Street, Bath, BA1 1BE.
Your rights in respect of defective services if you are a consumer
1. If you are a consumer we are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
  
  Summary of your key legal rights
  This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
  
  In relation to services, for example, the Consumer Rights Act 2015 says:
  a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
  b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
  c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
  
  See also clause 8.2.
Donation amount and payment
1. Where to find the donation amount for a Plot. The required donation amount for a Plot will be the amount indicated for the relevant Plot size on the relevant pages of our website relating to the Site on which the Plot is located when you make your donation. We take all reasonable care to ensure that the donation amount advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the donation amount required for a Plot.
2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
3. What happens if we got the donation amount wrong. It is always possible that, despite our best efforts, the donation amount for a Plot may be incorrect. We will normally check this before accepting your donation so that, where the correct donation amount at the date of your donation is less than the donation amount stated, we will charge the lower amount. If the correct donation amount at the date of your donation is higher than the amount stated to you, we will contact you for your instructions before we accept your donation. [If we accept and process your donation where an error in the required donation amount is obvious and unmistakeable and could reasonably have been recognised by you as an error, we may end the contract and refund you any sums you have paid.
4. When you must pay and how you must pay. Unless we agree otherwise in advance, when you must pay depends on whether you are a consumer or a business:
  1. (a) If you are a consumer, we will take your payment at the time that we process your donation (we accept payment with the major credit and debit cards accepted by our chosen payment services provider, which is currently Stripe);
  2. (b) If you are a business, we will provide you with an invoice for the relevant amount, which must be paid within 14 days of the date of the invoice (we accept payment by bank transfer or with the major credit and debit cards accepted by our chosen payment services provider, which is currently Stripe).
    
    If you wish to make your donation other than as set out above, please contact us before making your donation through our website.
5. Our right of set-off if you are a business. If you are a business 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).
6. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England 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 judgment. You must pay us interest together with any overdue amount.
7. What to do if you think an invoice is wrong. If you are making your payment on an invoiced basis and you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you if you are a consumer
1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are 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 we and you knew it might happen, for example, if you discussed it with us during the donation process.
2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services as summarised at clause 12.1.
3. We are not liable for business losses. If you are a consumer we only supply the services to you for domestic and private use. If you use the services for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 15.
Our responsibility for loss or damage suffered by you if you are a business
1. Nothing in these terms shall limit or exclude our liability for:
  1. (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
  2. (b) fraud or fraudulent misrepresentation; or
  3. (c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
2. 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 are excluded.
3. Subject to clause 15.1:
  1. (a) 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
  2. (b) 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 sum paid by you under such contract.
How we may use your personal information
1. How we will use your personal information. We will only use your personal information as set out in our Privacy Policy at https://coforest.co.uk/privacy-policy/.
Other important terms
1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
2. You need our consent to transfer your rights to someone else (except that you can transfer the rights in relation to the Plot Name if you are making a donation as a gift for someone else). You may only transfer your rights or your obligations under these terms to another person if we (in our sole discretion) agree to this in writing.
  However, if you are a consumer you may transfer the rights in relation to the Plot Name, as set out in clause 4.3. We may require that person to provide reasonable evidence that you have transferred that right to them, for example by you sending us an email from the address that you gave us when you made your donation.
3. Nobody else has any rights under this contract (except someone you make a donation on behalf of as a gift). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 17.2 in respect of a donation made by you on behalf of someone else as a gift). Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
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.
5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you do not make a payment and we do not chase you but we continue to process your donation or allocate the Plot or Plot Name, we can still require you to make the payment at a later date.
6. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non- contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

APX1 – Cancellation Form for consumers

(Complete and return this form only if you wish to withdraw from the contract)

To Coforest Ltd,
14 New Bond Street,

Bath, BA1 1BE

I/We hereby give notice that I/We cancel my/our contract in respect of the Plot and Plot Name ordered by me/us: