1. Credit
1.1 This document was created using a template from Docular
(https://docular.net).
You must retain the above credit. Use of this document without the credit is an
infringement of copyright. However, you can purchase from us an equivalent
document that does not include the credit.
2. Introduction
2.1 These terms and conditions shall govern the sale and purchase of products
through our website.
2.2 You will be asked to give your express agreement to these terms and
conditions before you place an order on our website.
2.3 This document does not affect any statutory rights you may have as a
consumer (such as rights under the Consumer Contracts (Information,
Cancellation and Additional Charges) Regulations 2013 or the Consumer
Rights Act 2015).
3. Interpretation
3.1 In these terms and conditions:
(a) “we” means Rainbow Home Education Events Ltd; and
(b) “you” means our customer or prospective customer,
and “us”, “our” and “your” should be construed accordingly.
4. Order process
4.1 The advertising of products on our website constitutes an “invitation to treat”
rather than a contractual offer.
4.2 No contract will come into force between you and us unless and until we
accept your order in accordance with the procedure set out in this Section 4.
4.3 To enter into a contract through our website to purchase products from us, the
following steps must be taken: you must add the products you wish to
purchase to your shopping cart, and then proceed to the checkout; if you are
a new customer, you can then create an account with us if you wish to and log
in; if you are an existing customer, you must enter your login details; once
you are logged in, you must select your preferred method of delivery and
confirm your order and your consent to the terms of this document; you will
enter your payment details, and our payment service provider will handle
your payment; we will then send you an initial acknowledgement; and once
we have checked whether we are able to meet your order, we will either send
you an order confirmation (at which point your order will become a binding
contract) or we will confirm by email that we are unable to meet your order.
4.4 You will have the opportunity to identify and correct input errors prior to
making your order.
5. Products
5.1 The following types of products are or may be available on our website from
time to time: merchandise including but not limited to; clothing and apparel.5.2 We may periodically change the products available on our website, and we do
not undertake to continue to supply any particular product or type of product.
6. Prices
6.1 Our prices are quoted on our website.
6.2 We will from time to time change the prices quoted on our website, but this
will not affect contracts that have previously come into force.
6.3 It is possible that prices on the website may be incorrectly quoted;
accordingly, we will verify prices as part of our sale procedures so that the
correct price will be notified to you before the contract comes into force.
6.4 In addition to the price of the products, you may have to pay a delivery
charge, which will be notified to you before the contract of sale comes into
force.
7. Payments
7.1 You must, during the checkout process, pay the prices of the products you
order.
7.2 Payments may be made by any of the permitted methods specified on our
website from time to time.
7.3 If you fail to pay to us any amount due under these terms and conditions in
accordance with the provisions of these terms and conditions, then we may
withhold the products ordered and/or by written notice to you at any time
cancel the contract of sale for the products.
7.4 If you make an unjustified credit card, debit card or other charge-back then
you will be liable to pay us, within 7 days following the date of our written
request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back
(including charges made by our or your bank or payment processor or
card issuer);
(c) an administration fee of GBP 25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the
amounts referred to in this Section 7.4 (including without limitation legal
fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the
source of an entry on your card statement or other financial statement, and
make a charge-back as a result, this will constitute an unjustified charge-back
for the purposes of this Section 7.4.
8. Deliveries
8.1 Our policies and procedures relating to the delivery of products are set out in
this Section 8.
8.2 We will arrange for the products you purchase to be delivered to the delivery
address you specify during the checkout process unless the order is placed
during our pre-order window in which case your products will be available for
collection at the festival as stated during the checkout process.8.3 We will use reasonable endeavours to deliver your products on or before the
date for delivery set out in the order confirmation or, if no date is set out in
the order confirmation, within 14 days following the date of the order
confirmation; however, we do not guarantee delivery by this date. Orders
placed during a special pre-order period before an event are exempt from this
clause.
8.4 We will only deliver products to addresses on the UK mainland.
9. Distance contracts: cancellation right
9.1 9.2 9.3 9.4 9.5 9.6 This Section 9 applies if and only if you offer to contract with us, or contract
with us, as a consumer – that is, as an individual acting wholly or mainly
outside your trade, business, craft or profession.
You may withdraw an offer to enter into a contract with us through our
website or cancel a contract entered into with us through our website (without
giving any reason for your withdrawal or cancellation) at any time within the
period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the products come
into your physical possession or the physical possession of a person
identified by you to take possession of them (or, if the contract is for
delivery of multiple products, lots or pieces of something, 14 days after
the day on which the last of those products, lots or pieces comes into
your physical possession or the physical possession of a person
identified by you to take possession of them).
In order to withdraw an offer to contract or cancel a contract on the basis
described in this Section 9, you must inform us of your decision to withdraw or
cancel (as the case may be). You may inform us by means of any clear
statement setting out the decision. In the case of cancellation, you may
inform us using the cancellation form that we will make available to you. To
meet the cancellation deadline, it is sufficient for you to send your
communication concerning the exercise of the right to cancel before the
cancellation period has expired.
If you cancel a contract on the basis described in this Section 9, you must
send the products back to us (to Easter Parkgate, Parkgate, Dumfries,
Dumfries And Galloway, DG1 3NN) or hand them over to us or a person
authorised by us to receive them. You must comply with your obligations
referred to in this Section 9 without undue delay and in any event not later
than 14 days after the day on which you inform us of your decision to cancel
the contract. You must pay the direct cost of returning the products.
If you cancel an order in accordance with this Section 9, you will receive a full
refund of the amount you paid to us in respect of the order including the costs
of delivery to you, except:
(a) if you chose a kind of delivery costing more than the least expensive
kind of delivery that we offer, we reserve the right to retain the
difference in cost between the kind of delivery you chose and the least
expensive kind of delivery that we offer; and
(b) as otherwise provided in this Section 9.
If the value of the products returned by you is diminished by any amount as a
result of the handling of those products by you beyond what is necessary to
establish the nature, characteristics and functioning of the products, we mayrecover that amount from you up to the contract price. We may recover that
amount by deducting it from any refund due to you or require you to pay that
amount direct to us. Handling which goes beyond the sort of handling that
might reasonably be allowed in a shop will be “beyond what is necessary to
establish the nature, characteristics and functioning of the products” for these
purposes.
9.7 We will refund money using the same method used to make the payment,
unless you have expressly agreed otherwise. In any case, you will not incur
any fees as a result of the refund.
9.8 Unless we have offered to collect the products, we will process a refund due to
you as a result of a cancellation on the basis described in this Section 9 within
the period of 14 days after the day on which we receive the returned products
or (if earlier) after the day on which you supply to us evidence of having sent
the products back. If we have not sent the products to you at the time of
withdrawal or cancellation or have offered to collect the products, we will
process a refund due to you without undue delay and, in any case, within the
period of 14 days after the day on which we are informed of the withdrawal or
cancellation.
9.9 You will not have any right to cancel a contract as described in this Section 9
insofar as the contract relates to:
(a) the supply of non-prefabricated goods that are made on the basis of an
individual choice of or decision by you, or goods that are clearly
personalised.
10. Warranties and representations
10.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and
conditions;
(c) all the information that you provide to us in connection with your order
is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with
these terms and conditions.
10.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or
encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as
specified in these terms and conditions;
(d) the products you buy will correspond to any description published on
our website; and
(e) the products you buy will be of satisfactory quality.
10.3 All of our warranties and representations relating to the supply of products are
set out in these terms and conditions. To the maximum extent permitted by
applicable law and subject to Section 11.1, all other warranties and
representations are expressly excluded.11. 11.1 11.2 11.3 11.4 11.5 Limitations and exclusions of liability
Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from
negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable
law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or
limited by these terms and conditions, except to the extent permitted by law.
The limitations and exclusions of liability set out in this Section 11 and
elsewhere in these terms and conditions:
(a) are subject to Section 11.1; and
(b) govern all liabilities arising under these terms and conditions or relating
to the subject matter of these terms and conditions, including liabilities
arising in contract, in tort (including negligence) and for breach of
statutory duty, except to the extent expressly provided otherwise in
these terms and conditions.
We will not be liable to you in respect of any losses arising out of any event or
events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including
(without limitation) loss of or damage to profits, income, revenue, use,
production, anticipated savings, business, contracts, commercial opportunities
or goodwill.
You accept that we have an interest in limiting the personal liability of our
officers and employees and, having regard to that interest, you acknowledge
that we are a limited liability entity; you agree that you will not bring any
claim personally against our officers or employees in respect of any losses you
suffer in connection with the website or these terms and conditions (this will
not, of course, limit or exclude the liability of the limited liability entity itself
for the acts and omissions of our officers and employees).
12. Order cancellation
12.1 We may cancel a contract under these terms and conditions immediately, by
giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under that
contract; or
(b) you commit any material breach of that contract.
12.2 You may cancel a contract under these terms and conditions immediately, by
giving us written notice of termination, if we commit any material breach of
that contract.
12.3 We may cancel a contract under these terms and conditions by written notice
to you if we are prevented from fulfilling that contract by any event beyond
our reasonable control, including without limitation any unavailability of raw
materials, components or products, or any power failure, industrial disputeaffecting any third party, governmental regulations, fire, flood, disaster, riot,
terrorist attack or war.
13. Consequences of order cancellation
13.1 If a contract under these terms and conditions is cancelled in accordance with
Section 12:
(a) we will cease to have any obligation to deliver products which are
undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for
products which have been delivered at the date of cancellation (without
prejudice to any right we may have to recover the products); and
(c) all the other provisions of these terms and conditions will cease to have
effect, except that Sections 2.3, 7.4, 11, 16, 17, 18, 19, 20 and 21 will
survive termination and continue in effect indefinitely.
14. Scope
14.1 These terms and conditions shall not constitute or effect any assignment or
licence of any intellectual property rights.
14.2 These terms and conditions shall not govern the licensing of works (including
software and literary works) comprised or stored in products.
14.3 These terms and conditions shall not govern the provision of any services by
us or any third party in relation to the products (other than delivery services).
15. Variation
15.1 We may revise these terms and conditions from time to time by publishing a
new version on our website.
15.2 A revision of these terms and conditions will apply to contracts entered into at
any time following the time of the revision, but will not affect contracts made
before the time of the revision.
16. Assignment
16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal
with our rights and/or obligations under these terms and conditions –
providing, if you are a consumer, that such action does not serve to reduce
the guarantees benefiting you under these terms and conditions.
16.2 You may not without our prior written consent assign, transfer, sub-contract or
otherwise deal with any of your rights and/or obligations under these terms
and conditions.
17. No waivers
17.1 No breach of any provision of a contract under these terms and conditions will
be waived except with the express written consent of the party not in breach.
17.2 No waiver of any breach of any provision of a contract under these terms and
conditions shall be construed as a further or continuing waiver of any other
breach of that provision or any breach of any other provision of that contract.
18. Severability18.1 If a provision of these terms and conditions is determined by any court or
other competent authority to be unlawful and/or unenforceable, the other
provisions will continue in effect.
18.2 If any unlawful and/or unenforceable provision of these terms and conditions
would be lawful or enforceable if part of it were deleted, that part will be
deemed to be deleted, and the rest of the provision will continue in effect.
19. Third party rights
19.1 A contract under these terms and conditions is for our benefit and your
benefit, and is not intended to benefit or be enforceable by any third party.
19.2 The exercise of the parties’ rights under a contract under these terms and
conditions is not subject to the consent of any third party.
20. Entire agreement
20.1 Subject to Section 11.1, these terms and conditions shall constitute the entire
agreement between you and us in relation to the sale and purchase of our
products and shall supersede all previous agreements between you and us in
relation to the sale and purchase of our products.
21. Law and jurisdiction
21.1 These terms and conditions shall be governed by and construed in accordance
with English law.
21.2 Any disputes relating to these terms and conditions shall be subject to the
non-exclusive jurisdiction of the courts of England.
22. Statutory and regulatory disclosures
22.1 We will not file a copy of these terms and conditions specifically in relation to
each user or customer and, if we update these terms and conditions, the
version to which you originally agreed will no longer be available on our
website. We recommend that you consider saving a copy of these terms and
conditions for future reference.
22.2 These terms and conditions are available in the English language only.
23. Our details
23.1 This website is owned and operated by Rainbow Home Education Events Ltd.
23.2 We are registered in England and Wales under registration number SC833892,
and our registered office is at Easter Parkgate, Parkgate, Dumfries, Dumfries
And Galloway, DG1 3NN.
23.3 You can contact us:
(a) using our website contact form; or
(b) by email, using the email address published on our website.