Terms & conditions
War Memorials Trust Website terms and conditions
This page tells you the terms and conditions of use on which you may use this website and the terms and conditions on which we supply any of our products (“Product”) listed on our website www.warmemorials.org (“Our Site”) to you or upon which you donate money to Us (a “Donation”). Please read these terms and conditions carefully before you start to use, make a Donation or order from Our Site. You should understand that by using Our Site, making a Donation, or ordering any products from Our Site, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
1.1 www.warmemorials.org is a site operated by War Memorials Trust (“We” “Us” “Our”). We are registered in England and Wales under Charity Number 1062255 and have Our registered office at 42a Buckingham Palace Road, London, SW1W 0RE.
2. ACCESSING OUR SITE
2.1 Access to Our Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the service We provide on Our Site without notice. We will not be liable if for any reason Our Site is unavailable at any time or for any period.
2.2 You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these terms, and that they comply with them.
3. YOUR STATUS
3.1 By completing an order form from Our Site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old and can provide proof of the same upon request;
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an online order or making an online Donation you will receive an e-mail from Us, (assuming you have entered the correct email address) acknowledging that We have received your order/Donation. Your payment will be acknowledged separately by WorldPay. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Us to buy a Product. All orders are subject to acceptance by Us, and We will confirm such acceptance to you by dispatching the Goods to you (the “Contract”).
4.2 The Contract will relate only to those Products dispatched. We will not be obliged to supply any other Products that may have been part of your order until the dispatch of such Products has been confirmed.
5. CONSUMER RIGHTS
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy set out in clause 9 below.
5.2 To cancel a Contract, you must inform Us in writing. You must also return the Product(s) to Us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, We may have a right of action against you for compensation.
5.3 Nothing in this clause 5 affects your statutory rights.
6. AVAILABILITY AND DELIVERY
6.1 Your order will be sent out as soon as possible on receipt unless there are exceptional circumstances.
7. RISK AND TITLE
7.1 The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when We receive full payment of all sums due in respect of the Products, including delivery charges.
8. PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on Our Site from time to time, except in cases of obvious error.
8.2 These prices include VAT and P&P as calculated by and charged through WorldPay.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which We have already dispatched.
8.4 Payment for all Products purchased via the website must be through WorldPay and your credit or debit card will be charged at the time that you complete the transaction.
9. OUR REFUNDS POLICY
9.1 When you return a Product to Us:
(a) because you have cancelled the Contract between Us within the seven-day cooling-off period (see clause 5.1 above), We will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, We will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to Us.
(b) for any other reason, We will examine the returned Product and will notify you of your refund within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day We confirmed to you that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be replaced or refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
(c) We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. MAKING A DONATION
10.1 We are not responsible for any dissatisfaction you may have regarding Our use of any donation you may make through Our Site. We reserve the right to use your donation for Our general purposes. We cannot guarantee that funds will be earmarked for a particular appeal unless they have been made through a specific appeals page.
10.2 Every payment that goes through the WorldPay site does involve a small transaction fee. The fee varies depending on the card used.
10.3 When you register with Us and are provided with a password to protect your secure account, you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorised use of your password, we recommend that you change your password immediately or contact Us on: 0300 123 0764 or: email@example.com.
10.4 When you donate using Our Site and confirm that you are a UK taxpayer in accordance with the requirements of the Gift Aid scheme as they apply from time to time, We reclaim Gift Aid under the Gift Aid scheme. We are not an accounting, taxation or financial advisor, and you should not rely on information given on Our Site to determine the accounting, tax or financial consequences of making a donation to charity. We strongly recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.
11. OUR LIABILITY
11.1 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product. We are not responsible for indirect losses which happen as a side effect of the main loss or damage (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
11.2 This clause 11 does not include or limit in any way our liability: (a) for death or personal injury caused by our negligence; (b) under section 2(3) of the Consumer Protection Act 1987; (c) for fraud or fraudulent misrepresentation; or (d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.3 We do not accept liability for any losses or costs incurred or sustained by customers in relation to the transmission of debit or credit card information pursuant to clause 8.4 above.
12. IMPORT DUTY
12.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in Us. You are permitted to use this material only for personal use in placing orders through Us and you may not copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
14. RELIANCE ON INFORMATION POSTED
14.1 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
15. SITE CHANGES
15.1 We aim to update our site regularly, and may change the content at any time. If the need arises, We may suspend access to Our Site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and We are under no obligation to update such material.
17. LINKING TO OUR SITE
17.1 We encourage others to link their site to Our Site, provided you do so in a way that is fair and legal. You must not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without notice. If you wish to establish a link We require it does not open within a frame-set of another website.
18. LINKS FROM OUR SITE
18.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
19. Force Majeure
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
19.2 A Force Majeure Event includes (but is not limited to) any act, event, omission or accident beyond our reasonable control and includes (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; and (d) acts, legislation, regulations or restrictions of any government.
19.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.
20.1 Applicable laws require that some of the information or communications We send to you should be in writing. When using Our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on Our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
20.2 The Contract between you and Us is binding on you and Us and on Our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without Our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
20.3 If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
20.4 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20.5 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.6 We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order products from Us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify Us to the contrary within seven working days of receipt by you of the Products).
21. JURISDICTION AND APPLICABLE LAW
21.1 Contracts for the purchase of Products through Our Site or any claim arising from, or related to, a visit to our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England.
Thank you for visiting Our Site www.warmemorials.org