1.
Definitions
"the Company" means The Elgar Birthplace Museum "Customer" means any party purchasing
Products from the Company upon these Terms "Products" means any goods made or
supplied by or on behalf of the Company and purchased by the Customer upon the
Terms "Terms" means the terms and conditions set out below "the Website" means
www.elgarmuseum.org
2. Products
a). The Customer may purchase Products by completing an online order
form from the Company's Website and the Company shall accept an order by e-mail
to the Customer to confirm that a contract has been made between the parties
upon these Terms
b). The parties acknowledge and agree that no other terms and conditions
shall apply to the contract save for the Terms which may only be varied by agreement
in writing between the parties
3. Orders
a). The Customer acknowledges that no contractual liability shall arise
in relation to the supply or delivery of Products until such time as the Company
has communicated acceptance of the order
b). The Customer acknowledges that the Company shall be at liberty to
make such alteration or amendments to the Products as may be necessary to comply
with any applicable laws or as part of its, or its suppliers, ongoing policy
of research and development to improve the quality of the Products Provided
Always that any such change does not materially affect the nature of the Products
ordered
4. Cancellation Rights
The Customer shall be entitled by service of notice in writing to cancel any
order for Products within 7 days of acceptance of an order by the Company and
shall be entitled to a full refund for the value of the Products. If however
Products have already been despatched to a Customer then they must be returned
at the Customer's expense unopened and undamaged to enable a full refund to
be made
5. Prices
The prices for all Products shall be shown on the Company's Website and the
prices shown are inclusive of any applicable Value Added Tax. The cost for postage
and packing will be shown prior to the total cost of the order
6. Payment and Delivery
a). All Products purchased from the Website
will be charged to the Customer's payment card on the date that the Company
accepts the order for Products
b). The Company will use all reasonable endeavours to despatch all Products
purchased within 7 working days of the receipt of payment or the date when Products
are charged to the Customer's payment card and Products will be despatched by
Royal Mail
7. Title and Risk
a). Title in Products shall pass to the Customer when payment in cleared
funds is received by the Company
b). Products will remain at the Company's risk until delivery has been
effected by the Company's delivery agent
8. Liability
a). The Company warrants that Products provided by it will correspond
with any description of those Products on the Company's Website and will be
free from defect upon delivery to the Customer
b). It shall be the responsibility of the Customer to check all consignments
of Products delivered within 48 hours of delivery and to notify the Company
by telephone fax or e-mail within 5 working days of delivery of any defect or
short delivery
c). It shall be the Company's option to either replace any part of the
Products which are defective or make up any shortfall or refund the price of
any defective or non-delivered Products and this shall be the full extent of
the Company's liability to the Customer under these Terms Provided Always that
the Company does not purport to exclude any liability for death or personal
injury arising out of its negligence
d). For the avoidance of doubt the Company will not be liable for any
loss or damage arising by breach of contract or any other collateral or implied
warranty term condition or representation whether contained in these Terms or
imposed upon the Company by operation of law including:
1. any consequential loss or damage
2. loss of bargain or damages costs or expenses to
any third party
3. any loss of profit or other indirect loss howsoever arising
e). Notwithstanding the limitations contained in clause 8 above if any
liability can be shown by operation of law to rest with the Company whether
by breach of contract by negligence or other liability then the Company's liability
shall be limited to the amount of any applicable insurance carried by the Company
for liabilities of that kind
9. Guarantee
If a Customer is not completely happy with Products purchased then they can
be returned to the Company with original packaging within 28 days of ordering
for a full refund
10. Use and Abuse of Products
a). The Company shall be at liberty to introduce new Products or withdraw
any Products from sale at any time without prior notice
b). Where any Products are supplied with guidance or advice notes by
the Company it is important that such guidance notes be observed and performed
and the Company can accept no liability where the Customer has failed to observe
and perform the Company's guidance notes in respect of the Products
11. Data Protection Act
The Company takes its responsibilities under the Data Protection Act 1998
very seriously. Information provided by a Customer will not be passed to any
other third party for commercial exploitation or gain. Information held by the
Company about an individual may be inspected by that individual at any reasonable
time and may be amended or deleted in accordance with Data Protection principles
12. Copyright and Registered Trademarks
a). All material on the Website is the copyright of the Company. The
Company permits the printing of a single copy of this material solely for personal
use and on condition that it will not be further copied to any other person
b). The Company may at its sole discretion permit publication of all
or part of the Website material subject to prior application in writing
c). Elgar Foundation Enterprises is the trading arm of the Elgar Birthplace
Museum, a registered charity. All profits are covenanted to the Museum.
13. General
a). Any notice requiring to be sent to the Company shall be sent to the
address shown on the Company's Website and the Company accepts notices served
by e-mail provided they are immediately followed with formal notice in writing
b). If any of these Terms are held to be invalid or unenforceable this
shall not affect the interpretation of the remainder of the clauses of these
Terms which will remain in full force and effect
c). These Terms and any contract to which they relate shall be interpreted
in accordance with English law and any dispute between the parties shall be
referred for resolution to the English courts