Terms and Conditions
You are using a website (“Site”) owned or operated by Freespirit Events Limited (“We/Us”) a Company Registered in England and Wales, Registration Number 4546089 at 9 Swan Mead, Hemel Hempstead. Herts HP3 9DQ.
- Use of the Site
- You may not use the Site in any improper or unlawful manner or in breach of any legislation or licence that applies to you.
- Except as expressly permitted, you agree that when using the Site you will not
- publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, libellous, hateful, or otherwise illegal material or information or anything which might constitute a criminal or civil offence;
- upload files or other data that contain software or other material which are the intellectual property rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents; or
- upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Site or any other computer
- You agree to comply with all reasonable instructions that We may give you from time to time regarding the use of the Site.
- You are responsible for ensuring that no one uses your equipment to access the Site without your permission. We will be entitled to assume that anyone who accesses the Site using your equipment has your permission to do so and you will be liable for any Charges or any other costs, liabilities or damages that may be incurred by any such person.
- You are responsible for ensuring that e-mail communications with the Site can be received by your equipment ensuring that the appropriate e-mail addresses are not blocked by Spam filters, security, content or other e-mail filtering systems and that the addresses are added to appropriate safe senders lists. You will be advised of these addresses within the Site.
- Purchase of Goods and Services
- All prices for goods and services that we sell to you on the Site exclude VAT in the UK and are quoted in pounds sterling unless otherwise stated.
- We reserve the right to change pricing in relation to any applicable changes in Taxation or Duty for all goods and services provided through the Site and to automatically charge any such increases to the Credit or Debit card used to make payment.
- You undertake that the details you provide are truthful and accurate and that any Credit or Debit card is your own and that you are financially responsible for all transactions made in your name or account.
- In order to make a purchase on the Site you must be over 18 years old and have the legal capacity to make the transaction.
- If your purchase involves alcohol, You will be required to comply fully with the appropriate Licensing Laws and the Licence applicable to the premises and shall not purchase on behalf of or offer alcohol to those under the legal age.
- Where you are purchasing food, You are responsible for checking the suitability of products for those consuming or handling the food in respect of allergy or sensitivity. Full information is available from Customer Services where advice is available on the contents of all food products.
- If We are unable to fulfil your order from within the venue for merchandise due to stock level or unavailability We reserve the right to send the products to UK address associated with the credit card providing You with e-mail communication to the e-mail address used to confirm the order. You will have the opportunity to request a full refund should this not be acceptable.
- We use a delivery partner to deliver such goods to you and we aim to deliver them to you according to our prevailing delivery period when the relevant item returns to stock.
- We are unable offer any guarantee of delivery performance by our delivery partners.
- We will insure any goods ordered by you based on the price on the Site whilst in transit to you. Risk in the goods passes to you upon delivery.
- Outside the UK . Delivery charges for goods and services will be calculated on a product-by-product basis. We reserve the right not to deliver to places outside the UK .
- Delivery outside the UK may be subject to local import taxes, which are Your responsibility where they apply. If so, the delivery partner will contact you once the products you have ordered have reached the local customs agency to inform you of the amount of duty that is outstanding.
- In the event that any shipped product You receive is damaged or faulty, You may only return products to Us for refund or replacement at our sole discretion having contacted us for a Returns Authorisation Code ( RAC ) from our Customer Services Team. We will not accept any return for repair, replacement or refund without a RAC .
- We will do our best to correct errors and omissions as quickly as practicable after being notified of them. However because of the sophisticated technology that is required in operating our Sites there may be times when obvious errors occur. For example, very occasionally, this may result in a price, product, service or other description being incorrectly displayed on the Site. In this case we reserve the right to cancel the order or to contact You to allow Us to correct the error and amend or refund and charges made.
- We will confirm all orders via email, using the email account that you give us as part of the ordering process. It is Your responsibility to ensure that the e-mail addresses are capable of receiving e-mail messages from the addresses identified for this purpose on the Site. Contact Customer Services for assistance.
- We cannot guarantee that particular goods and services featured on the Site will always be available. If we cannot supply the requested product We may offer an alternative of similar or better quality to fulfil the order at our cost or shall offer a refund or credit for any amount that we may have debited.
- We may cancel any sale and not supply products or services if it is reasonable to do so and may change or discontinue the availability of any product at any time at our sole discretion. We shall notify You in such cases and, where relevant, refund all payments made by You.
- All payments are made via our payment partner. In the event that any such payment partner rejects your credit card details We will not release the order to You. We will endeavour to email you and inform you of such rejection. We will release your order only when we have received confirmation of acceptance of your order.
- Your credit card company may perform an additional security check to confirm that the cardholder is making the purchase. We are not responsible in respect of any such security check.
- Please note that we cannot give refunds in respect of personalised goods or goods which by their nature cannot be returned to us, goods which deteriorate or expire rapidly, or which are by their nature time-sensitive, or in relation to any video cassette, CD, DVD , or other digital medium the seal of which has been broken, or any digital file downloaded from the Site.
- Competitions and Prize Draws
- From time to time it may possible to enter competitions or prize draws through the Site and there may be additional terms and conditions applicable which may apply. Where additional terms apply you will be notified of that fact and given an opportunity to read those terms and conditions before you enter the competition or the prize draw.
- Intellectual Property
- You may view, download and print any materials and information made available to you through the Site subject to the following conditions:
- the material and information may only be used for your personal and non-commercial purposes;
- the material and information shall not be reproduced or included in any other work or publication in any medium;
- the material and information may not be modified or altered in any way;
- the material and information may not be distributed or sold to any third party;
- You may not remove any copyright or other proprietary notices contained in the material or the information.
- We do not give you any rights in relation to Intellectual Property Rights in any product or service that you purchase from or via the Site.
- Warranties and Disclaimers
- We will exercise all reasonable skill and care in providing the Site. We obtain the materials and information provided on the Site from third party partners and so we are not able to guarantee the accuracy, completeness, currency or reliability of any such materials or information.
- We offer no warranty about an Event to which a package or tickets are sold as to its quality, suitability or otherwise.
- This Site contains links to websites and microsites operated by third parties that are not under our control and are provided to you for your convenience only. We make no warranties or representations whatsoever about any other website which you may access through this Site or any services that they may provide. Without limiting the foregoing, these sites are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. If you choose to access a website beyond our control, you do so at your own risk. In addition, use of any such third party website or microsite may be subject to your acceptance of additional terms and conditions.
- Limitation of Liability
- death or personal injury caused by our negligence;
- any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you;
- any other liability that cannot be so limited or excluded at law.
- Our liability in all cases shall not exceed the total value of a Confirmed Order by Us, furthermore You specifically agree that We shall not be liable in any circumstances for:
- any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or
- any loss of profit (whether direct or indirect), whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with:
- any use of the Site or its contents;
- any failure or delay in the use of any component of the Site or any service including, without limitation, any unavailability of the Site or the services irrespective of duration of any period of unavailability; or
- any use of or reliance upon any information, material, software, products, services and related graphics obtained through the Site,
in all cases even if We have been forewarned of the possibility of such loss or damage.
- Due to the public nature of the internet, We cannot be liable for any damage to, or viruses that may infect, your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any materials or information through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials.
- Some goods or services may differ slightly from the description or appearance on the Site. Please check the delivered product/service immediately on receipt because we will not be held responsible for any subsequent loss or destruction.
- We will notify you of any such claims or proceedings and keep you informed as to the progress of such claims or proceedings.
Data Protection and Privacy
- You commit any breach of any term of this Agreement; or
- You do not comply fully with Clause 2 above; or
- You commit a material breach of these Terms; or
- We choose to so terminate in our sole discretion.
- Forthwith upon termination of this Agreement, You shall cease all use of the Site. Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision in this Agreement, which is expressly or by implication intended to come into or continued in force on or after such termination and neither shall it affect any common rights that are available to You.
Third Party Rights
Governing Law & Jurisdiction
- This Agreement is governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
- In this Terms and Use the following terms shall have the following meanings:“Intellectual Property Rights” means patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs;
Date of Issue 9th April 2008 © Freespirit Events Limited