Terms and Conditions
St Luke’s Hospice Trading Online Shop Terms and Conditions of Use
Updated 6th January 2016
Welcome to St Luke’s Hospice Trading’s online shop. St Luke’s Hospice Trading gives its profits to St Luke’s Cheshire Hospice
In the context of these Website Terms (as defined below), the following words shall have the following meanings:
• “St Luke’s Cheshire Hospice” is a registered charity having number 515595 in England and is a company limited by guarantee with registered company number (1846186) whose registered address is at Grosvenor House, Queensway, Winsford, Cheshire, CW7 1BH
• “St Luke’s Hospice Trading” means St Luke’s Hospice Trading Limited (also referred to as “we”, “us” and “our”), a company wholly owned by St Luke’s Cheshire Hospice and is registered in England and Wales with its registered office at Grosvenor House, Queensway, Winsford, Cheshire, CW7 1BH registered company number 3024652 and VAT number is 636547515
• “Material” means all of the information, data, text, graphics, photographs, links or computer code published on, contained or available on the Website;
• “Website” means any website under the ownership or control of St Luke’s Hospice Trading from which a link has been created to these Website Terms; and
• “You” means you, the individual accessing the Website or making an order as a consumer who is over 18 years of age.
1. Applicable terms and conditions
We own the Website, and any use made of this Website by You (including any registrations and donations made via the Website) is subject to these Website Terms.
2. Use of the Website
Anyone may view any non-password protected parts of the Website and to use it for their own purposes, provided:
• It is only used for information purposes for your personal use only, and not for reproduction on any other website, nor for commercial gain or improper or malicious use;
• Any links created to the Website are notified to and approved by us before they are created; and
• no part of the Website is copied, stored in a retrieval system, or transmitted in any form or by any means to any third party without our written permission.
3. Contacting us
If you wish to contact us for any reason or have any enquiries please contact:
Telephone: 01606 555891
4. Third party websites
The Website contains links to websites operated by parties other than ourselves. Such links are provided for convenience only. We do not control such websites, and are not responsible for their content. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. You are responsible for evaluating the accuracy and completeness of any information contained on the third party websites, and also any goods and services offered.
Whilst we make all reasonable attempts to exclude viruses from the Website we cannot ensure such exclusion and no liability is accepted for damage caused through the downloading of viruses. Therefore, You are recommended to take all appropriate safeguards before downloading information from the Website.
6. Copyright and trade marks
Copyright in the Material is owned by us or St Luke’s Cheshire Hospice, or by our content suppliers. Unauthorised use of the Material, including reproduction, storage, modification, distribution or republication without our prior written consent or, where applicable, the respective copyright owner(s), is prohibited.
The names and logos of St Luke’s Cheshire Hospice and all related product and service names, designs marks and slogans are the trade names, service marks or trademarks of St Luke’s Hospice and may not be used without our prior consent or, where applicable, St Luke’s Cheshire Hospice.
Although the Website uses encryption security software in areas where online payment details are accepted, the security of information and payments transmitted via the internet cannot be guaranteed. Any loss incurred or sustained by You or any person who transmits information by means of email or other internet links shall be borne by You and in no event shall any such loss in whole or part be borne by us or our agents.
8. Availability of the Website and termination of accounts
We may suspend, discontinue or change the Website or any part of it from time to time for repair or maintenance work, in order to update or upgrade the contents or functionality of the Website or for any other reason, without liability or giving notice to You. Access to or use of the Website or pages linked to it may be interrupted or contain errors.
We may terminate your account(s) immediately in the event You breach any of these Website Terms or if You are late or do not pay any sums due to us.
II. Sale Terms
9. Applicable terms and conditions to sales from the Website
9.1 These Sales Terms govern the supply of any goods You order via the Website. Please read the Sales Terms carefully. If You do not agree with the Sales Terms, do not order any goods from the Website. If we accept any order for goods from You, then our agreement with You will be made on these Sales Terms.
9.2 Please note that we reserve the right to amend the Sales Terms from time to time. We will publish the amended Sales Terms on the Website and any new versions of the Sales Terms will come into effect as soon as we publish them (with the exception that any orders that we have already accepted from You prior to any such change will be subject to the Sales Terms in force at that point).
9.3 Please note that we reserve the right to amend the Sales Terms from time to time. We will publish the amended Sales Terms on the Site and any new versions of the Sales Terms will come into effect as soon as we have published them (with the exception that any orders that we have already accepted from you prior to any such change will be subject to the Sales Terms in force at that point).
10. Availability of the goods displayed on the Website
10.1 We may terminate or suspend the supply of any items displayed on the Website in the event they are out of stock or for any other reason. We may do this at any time and without notice. Products displayed on the Website are normally available for dispatch within 48 hours
11. Usernames and Passwords
11.1 If You want to purchase something from the Website, You have the option of registering an account with us. If You decide to register, You will be asked to provide your email address and password during the registration process.
11.2 You must keep your password(s) confidential at all times, and must not disclose the password(s) or permit anyone else to use your password(s). Any breach of these Website Terms by anyone to whom You disclose the password(s) will be treated as if the breach had been committed by You, and will not relieve You of your obligations under these terms. We shall not be liable to You for any loss or damage which may arise as a result of your failure to maintain the confidentiality of your password.
11.3 In the event of any failure or error in the operation of a password(s), or You become aware or suspect that someone has used a password without your knowledge, You should cease using the password(s), and notify us immediately.
12. Buying goods from the Website
12.1 Pricing policy – We may change the prices of the goods displayed on the Website at any time. The prices for all the goods available through the Website are clearly marked in their description and are inclusive of VAT (if applicable). Please note that if a pricing error is obvious and could have reasonably been recognised by You as a mistake, we do not have to provide the relevant item to You even if we have confirmed your order in accordance with clause 12.2. All applicable delivery charges are also displayed on the Website. All prices are in Pounds Sterling. We may make available offers and discounts using promotion codes. Only one promotion code is valid per order.
12.2 Conclusion of Contract of Sale – The information relating to the goods and relevant prices are displayed on the Website for your information and to enable You decide whether You would like to make us an offer to purchase any such goods. When You place an order to purchase an item from the Website, this represents an offer to us. Your order is only accepted by us, and the contract concluded, when we send e-mail confirmation that we have accepted your order. Any products on the same order which are not referenced in our confirmation e-mail do not form part of that contract.
If we cannot supply You with the product or service You ordered, we will not process your order and will inform You of this via email.
12.3 Method of payment –
Processing of your order will take place via the PayPal checkout and is subject to their Terms and Conditions. Our contract for the sale of our products will only exist once an order has been accepted, processed and despatched to you. If you do not have a PayPal account, you will be taken through the steps to create one.
We do not store credit card details.
All products that You order through the Website will remain our property until we have received payment in full for those products.
We reserve the right to charge for any damage or other adverse interference with any products that are the subject of an unpaid order.
12.4 Delivery – Standard service delivery is charged at £2.95 to any UK mainland address and Northern Ireland (excluding offshore territories). These charges cover packaging, handling and delivery. Orders are usually processed within 72 hours, and are dispatched to arrive within 5- 10 working days.
• We have refused to deliver the item in question;
• It was essential to You that delivery took place before the delivery deadline referred to above, or other agreed time period(taking into account all the relevant circumstances); or You told us before we accepted your order that delivery before the delivery deadline was essential.
• If You do not wish to cancel your order, or are not entitled to do so, You can give us a new deadline for delivery, which must be reasonable, and You can subsequently cancel your order if we do not meet the new deadline.
• If You choose to cancel your order as a result of late delivery in the circumstances set out in this clause, You can do so for just some of the items or all of them (where there is more than one item in your order), unless splitting them up would significantly reduce their value.
Where You choose to cancel an order under this clause, we will refund any sums You have paid to us (including delivery charges). If your order has already been delivered to You by the time You choose to cancel, You will have to return the unwanted items to us or allow us to collect them, but we will also pay the costs of this.
If goods are not received within the timeframes set out above, please contact our customer services department by email at firstname.lastname@example.org.
12.5 Out of stock – If any item You have chosen is unavailable because it is out of stock or otherwise, we will contact You via phone (if You have provided your telephone details) or email and set out the options that are available to You. If we are unable to contact You using the contact details You provided during the order process, we will treat the order as cancelled and notify You in writing.
12.6 Return of goods – We hope you are happy with any item you purchase from St Luke’s Hospice. However, please let us know if you are not entirely satisfied with our products or our service, so that we can rectify the situation. If you wish to return an item because it is not as described on the website, fit for purpose or of satisfactory quality, you are entitled to a refund if you notify us within 28 days of receipt of the item. You must then return the item in question to us, but we will also reimburse the original delivery charges incurred in sending the item to you and your costs of returning the item to us once we receive this back and agree that the item is defective. If you are not completely satisfied with any item you ordered for any other reason, you can either return it and ask for a replacement or cancel the purchase and receive a refund within 14 days of receipt, no questions asked. If you notify us after 28 days of receipt that the item is faulty or you do not want to keep it, a credit note may be issued. If the product is damaged in any way or has become broken in transit, please contact customer services by email at email@example.com
When returning goods, please retain proof of postage. Without this we cannot be responsible for any items that fail to reach us.
12.7 Replacement policy – If You wish to return a non-faulty item and receive a replacement, please send them to the address given at clause 12.6 above within 14 days of receipt of the item(s), in a resalable condition and if possible in the original packing (together with the customer advice note). Items returned under this policy must be unopened with any seals and shrink-wrap intact (e.g., for CDs and DVDs, electronics, food). Please note we can only accept the return of opened items if they are faulty. We are only able to replace identical products (requests for different sizes/design acceptable), so if You wish to order additional items it will be treated as a new order.
In the interests of hygiene, we cannot exchange the following items unless faulty:
• Hats and hair accessories unless unworn and the tags still in place.
• Pierced earrings and pierced body jewellery – we are unable to exchange any pierced jewellery
• Quilts, duvets and pillows unless the original packaging remains undamaged and unopened.
• Cosmetics and toiletries and towels, we will accept returns if they are in a saleable condition with unbroken seals and packaging, and only if supported by a valid proof of purchase (your dispatch note) for exchange or refund.
• Gift food
• Personalised goods
• Clearance items reduced to half price or less
If You wish to exchange an item because of an error on our part, because it is damaged or defective or because it does not match the description on the Website, we will be happy to reimburse your costs in returning the original item to us.
Please note that this replacement policy is in addition to your legal cancellation rights set out at clause 12.8 below.
12.8 Cancellation Policy – If you are purchasing items as a consumer, you also have a right to cancel your order within 14 days without giving any reason. This cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
Please note that this cancellation right does not apply to:
• Items that are made to your specification or clearly personalised;
• Items that are likely to deteriorate or expire rapidly (such as items of food or flowers);
• Items that become inseparably mixed with other goods after they are delivered to You
• sealed items which are not suitable for return due to health protection and/or hygiene reasons where the seal is broken after the items are delivered to You
• Sealed audio or video recordings (such as CDs and DVDs) where the seal is broken after the items are delivered to you
To cancel a purchase, you must tell us that you wish to cancel within the 14 day period referred to above. You can do this by:
• emailing us at firstname.lastname@example.org or calling us on 01606 555891, providing us with details of your order in order to allow us to identify your purchase
• Return the item to us by packing it securely (preferably in the original packing) and sending it back to us with a copy of your receipt and your customer advice note confirming that You wish to cancel your order
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If You cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by You.
We will make the reimbursement without undue delay, and not later than:
• 14 days after the day we receive back from you any goods supplied;
• (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
• If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the contract.
We will make the reimbursement using the same means of payment as You used for your initial transaction, unless you have expressly agreed otherwise; in any event, You will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You will send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods. If the item is one which cannot be returned by post, we estimate that if You use the carrier who delivered the item to You, these costs should not exceed the sums we charged You for delivery.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
12.9 Legal age – We do not sell products for purchase by children. We do, however, sell children’s’ products for purchase by adults. If You are under 18, You may only purchase items from the Website with the supervision of a parent or guardian.
12.10 Special offers – From time to time, special offers may be advertised on the Website. Special offer prices quoted apply only to orders completed online.
12.11 Vouchers – From time to time, vouchers may be issued for free delivery or for discounts on orders or products. You may only use one voucher per order. Some vouchers may only be used once per customer. Please contact email@example.com if you have any questions about redeeming a voucher code.
13. Personal Information
St Luke’s (Cheshire) Hospice and its subsidiary companies, St Luke’s Hospice Promotions Ltd and St Luke’s Hospice Trading Ltd, are registered under the Data Protection Act 1998. The Hospice does not pass personal data to any other organisations. From time to time we may wish to contact you with information about our work, including events, news and fundraising activities. We treat this individual relationship with you with total respect. If you do not wish to be added to our mailing list please email firstname.lastname@example.org
14. Manufacturer’s guarantees and our warranty for the products
14.1 Some of the products we sell to You come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the products.
14.2 As You are a consumer, a manufacturer’s guarantee is in addition to, and does not affect, your legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
15. Limitation of liability
15.1 We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated at the time the contract was entered.
15.2 We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of your statutory rights under sections 9-11, 13 and 14 of the Consumer Rights Act 2015 (i.e. items must be of satisfactory quality, fit for purpose and match any description, samples and/or model provided); or
(d) defective products under the Consumer Protection Act 1987.
16. Events outside our control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an Event Outside Our Control.
An Event Outside Our Control means any act or event beyond our reasonable control[, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.2 If an Event Outside Our Control takes place that affects us:
(a) We will contact you as soon as reasonably possible to notify You;
(b) Our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16.3 You may cancel a Contract affected by an Event Outside Our Control that has continued for more than 21 days. To cancel please contact us. If You opt to cancel, You will have to return (at our cost) any relevant products you have already received and we will refund the price You have paid, including any delivery charges. We shall not be held to be in breach of its obligations, nor be liable to You for any loss or damage which may be suffered by another party due to any cause beyond our reasonable control including without limitation any act of God, fire, storm, flood, lightening, disease, strike, trade dispute, act of terrorism, any act or omission of government or regulatory bodies or communications operators.
The Website Terms and the use of the Website shall be governed by the laws of England and Wales and the parties hereto submit to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the Website and/or any transactions made on the website, or these Website Terms.