Terms & Conditions (Goods)
ATTENTION: These Terms and Conditions apply to all contracts for the sale of Goods placed via Our website at www.ultimateevents.org.uk (the “Site”). Please read these Terms and Conditions carefully before continuing with Your order as, once Your order is accepted and confirmed by Us, a binding contract is in place between Us on the Terms and Conditions which are set out here. If You do not accept these Terms and Conditions do not continue with Your order. These Terms and Conditions are issued by Ultimate Events, the promotional arm of Milton Keynes Christian Centre, a charity registered under number 1119304, the address of which appears below.
BACKGROUND
These Terms and Conditions may have changed since You last visited the Site or last placed an order, so please read through them each time You place an Order. Please refer to clause 13 which explains the meaning given to defined terms.
The Site has been designed to be directed at, and accessible by, consumers on the UK mainland. We do not accept orders placed outside of or for delivery to an address outside the UK mainland.
These Terms and Conditions include all disclaimers, the Website Terms and Conditions, the Privacy Policy that We have placed on the Site at the time of the placing of Your order. These Terms and Conditions with Our confirmation of Your order contain the entire agreement between Us and no claim may be made for breach of innocent representation but nothing shall exclude liability for fraudulent misrepresentation.
NOTHING IN THESE TERMS AND CONDITIONS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER
HOW TO BUY GOODS
Ordering Goods is easy:
| 1. | Click on "Buy Online" or "Book Ticket" and complete the details requested. If You have placed on order with Us before You can log in using Your e-mail address and the individual and unique password We have issued to You. The details You provide on the order or when registering must be Your own. |
| 2. | When You are ready, check these Terms and Conditions – these are the binding contract under which We supply You with the Goods ordered. |
| 3. | Print off a copy of these Terms and Conditions and, if You wish, the Privacy Policy and the Website Terms and Conditions. |
| 4. | Click on "Proceed" and You will be given the opportunity of checking Your order details and correcting any input errors before proceeding to the secure payment area of the Site. |
| 5. | The secure payment area is operated by Protx who will ask You to provide Your payment details. Once your details are approved You will come out of the secure payment area. If the transaction is successful you will receive an online transaction code and an e-mail from Us and Protx confirming the details of the transaction. If the transaction is not successful you will be informed immediately on the Site. No Contract is made until Our acceptance of Your order or as otherwise as stated in these Terms and Conditions. We reserve the right to reject any order placed by You entirely at Our discretion, but We will inform You without delay if that is the case and make a full refund of any payment received. |
1 |
EXISTENCE OF CONTRACT |
| 1.1 | No Contract shall come into existence until Your order is accepted by the earliest of: |
| 1.1.1 | Our Written acceptance; or |
| 1.1.2 | Delivery of the Goods. |
| 1.2 | These Terms and Conditions shall be incorporated in the Contract to the exclusion of any terms or conditions stipulated or referred to by You. |
| 1.3 | No variation or amendment of the Contract or oral promise, advice, recommendation or commitment related to it shall be valid unless confirmed in Writing and issued by or on behalf of both parties. |
| 1.4 | All Contracts shall be subject to a) the availability of Goods, b) methods to effect delivery as intended and c) there being no errors on the Site or within the order details. If any of these apply, We will e-mail You and You will have the opportunity to withdraw or alter Your order and (except where expressly stated otherwise in relation to Your cancellation of non refundable tickets) relevant payments will be refunded. |
2 |
PRICES |
| 2.1 | The quoted prices for the Goods shall be shown in £Sterling and include packing, insurance, postage and any other taxes and duties which are known to be payable in addition. We are not registered for and do not charge VAT, should We register for VAT this will be charged at the rate ruling, presently 17.5%. If We register for VAT or there are changes to VAT or other taxes or duties in the time before We accept Your order then We will notify You in Writing and You will be able to either confirm the order or withdraw it with a full refund. |
| 2.2 | Every effort is made to ensure that prices shown on the Site are accurate at the time You place Your order. If an error is found We will inform You as soon as possible and offer You the option of reconfirming Your order at the correct price or cancelling Your order. If You cancel, We shall refund or recredit You the sum which has been paid by You or debited from Your payment card for the Goods |
| 2.3 | All refunds, for whatever reason, will be made in £Sterling. |
| 2.4 | Our prices, unless otherwise stated, are valid only while displayed on the Site. |
3 |
PAYMENT |
| 3.1 | All sums due are payable without discount of any kind and free of all payment charges in pounds Sterling by credit card through a secure payment area and payment is processed by Protx. We do not have access to the financial details You provide to Protx. |
| 3.2 | For details of the lengths to which We have gone to avoid disclosure of Your private data, see Our Privacy Policy but unless We have been negligent WE WILL NOT BE LIABLE FOR LOSSES RESULTING FROM UNAUTHORISED ACCESS TO INFORMATION PROVIDED BY YOU. |
4 |
TICKET SPECIFIC CONDITIONS |
| 4.1 | A ticket or tickets purchased from Us are subject to the following: |
| 4.1.1 | The ticket remains Our property and is a personal revocable licence which We may withdraw and refuse admission at any time upon refunding the printed purchase price. |
| 4.1.2 | You represent and warrant that the ticket is purchased for personal use only and that it is not purchased as part of any form of business or commercial activity, in particular the ticket may not be resold or altered for resale by anyone (whether or not at a premium) and may not without Our express Written permission be used for advertising, in or part of a promotion, as a prize or for any other trade purpose. |
| 4.1.3 | If the event for which the ticket has been purchased is cancelled We shall use Our reasonable endeavours to notify You. We do not guarantee that You will be informed of such cancellation before the event and You are recommended to check the Site for a cancellation and the date and time of any rearranged event. |
| 4.1.4 | You must check the details on Your tickets as mistakes cannot always be rectified. |
| 4.1.5 | The ticket is issued subject to any rules or separate terms and conditions issued by the venue. Your attention will be drawn to any or the location of such rules or terms and conditions when the tickets are delivered to You. Breach of any rules or terms and conditions of the venue including (without limitation) unacceptable or antisocial behaviour may entitle the venue or security staff to eject You from the event. We reserve the right to treat a breach of any rules or terms and conditions of the venue brought to Your attention pursuant to this clause as a breach by You of these Terms and Conditions. |
| 4.1.6 | THE TICKET CANNOT BE REFUNDED AFTER PURCHASE UNLESS THE EVENT IS CANCELLED. If the event is cancelled You will be offered tickets for any rescheduled event (subject always to availability) up to the value and number of tickets originally purchased. If You are unable to attend the rescheduled event, or the event is not rescheduled, You will be entitled to a full refund. In order to claim Your refund, please write to us within 28 days of the date of the cancelled event at the address below enclosing Your unused tickets. |
| 4.1.7 | We accept no responsibility for tickets which are lost or stolen. |
| 4.1.8 | We accept no responsibility for damage or loss of personal property arising or occurring at the event. |
| 4.1.9 | The use of photographic equipment for commercial purposes is prohibited and any such films may be destroyed. |
| 4.1.10 | The use of any sound or film recording equipment of whatever nature (including without limitation equipment in mobile telephones) is prohibited. Tapes, films and other such recording in whatever format may be destroyed. |
| 4.1.11 | You consent to Us or Our agents filming, sound recording or photographing You as a member of the audience at the event. |
5 |
COMPLAINTS |
| 5.1 | In the unlikely event of a problem please contact Our office using the contact details on Our site and quoting Your details and any transaction code. |
6 |
RESPONSIBILITY FOR GOODS, DELIVERY AND PERFORMANCE |
| 6.1 | The Goods You Order will be delivered to the address You give when You place an order |
| 6.2 | Responsibility for the Goods passes from Us to You when they are delivered to You. |
| 6.3 | Normally Goods will be despatched the next Business Day after Our acceptance of Your order. We would then expect them to arrive at their UK mainland destination within 4 Business Days of despatch though in any event within 30 days of Your order. |
| 6.4 | WE SHALL NOT BE LIABLE FOR ANY PENALTY, LOSS, INJURY, DAMAGE OR EXPENSE ARISING FROM ANY DELAY OR FAILURE IN DELIVERY OR PERFORMANCE FROM ANY CAUSE OUTSIDE OUR REASONABLE CONTROL. If there is likely to be an extended delay then We will inform You and give You an opportunity to cancel with a full refund. |
7 |
CLAIMS/CANCELLATION NOTIFICATION |
| THIS CLAUSE DOES NOT APPLY TO TICKET SALES | |
| 7.1 | If, for any reason, You are unhappy with the Goods ordered then the law currently gives You a right to cancel the Contract. This right is explained in the following summary: |
| 7.1.1 | To cancel before the Goods are despatched please contact Us in Writing, ideally by e-mail, as soon as possible and We will refund the price paid. |
| 7.1.2 | To cancel either after despatch or within the 7 Business Days after You have actually received the Goods, contact Us in Writing, ideally by e-mail, as soon as possible and return the Goods to Us in their original packaging postage paid and We will refund You the price within 30 days of Your cancellation. The Goods should be returned to Us at Our the address below. You must take reasonable care to ensure the Goods are not damaged in the meantime or in transit. |
| 7.1.3 | If You have received Goods which have been damaged in transit or are faulty then please notify Us, ideally by e-mail, within 7 Business Days of delivery and then return the Goods to Us at Our cost or replacement or alternatively a refund. |
| 7.1.4 | If you do not return the Goods as required We may charge you a sum not exceeding the direct cost of recovering the Goods from you. |
| 7.2 | Due to the constraints of Your PC and Our photographic techniques, there may be some variation in the precise colouration of Goods in daylight as opposed to representation on Our Site. Generally sizes and measurements stated on the Site are approximate. |
| 7.3 | Other than product pricing and contractual information, all other information on Our Site is for information purposes only and should not be relied upon either on a commercial or personal basis. WE CANNOT BE HELD RESPONSIBLE FOR LOSS ARISING OUT OF SUCH RELIANCE. |
8 |
WARRANTY |
| THIS CLAUSE DOES NOT AFFECT YOUR STATUTORY RIGHTS | |
| 8.1 | All Goods supplied are warranted free from defects for 12 months from the date of delivery. |
| 8.2 | If the Goods do not conform to the Contract We will at Your option repair or replace the Goods within a reasonable period of time at Our cost (including postage). We are not required by law to repair or replace Goods if it is impossible to do so or disproportionate; or You can ask Us to reduce the purchase price by an appropriate amount or You can cancel the Contract (see clause 7 for the cancellation procedure). Any reduction in the purchase price may take account of Your use of the Goods. |
| 8.3 | Where we are able, We shall pass on to You the benefit of any manufacture guarantee. |
| 8.4 | The above warranties do not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by You or any third party, use otherwise than as recommended by Us, failure to follow the instructions (if any), or any alteration or repair carried out without Our approval. |
| 8.5 | If the Goods supplied develop a defect while under the warranty, or You wish to replace the Goods or have them repaired or You have any other complaint about the Goods, You should notify Us in Writing, ideally by e-mail, to Our address below. |
9 |
EXTENT OF LIABILITY |
| 9.1 | We shall have no liability to You for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory duty or other duty on Our part or in any other way out of or in connection with the performance or purported performance of or failure to perform the Contract except: |
| 9.1.1 | for death or personal injury resulting from Our negligence; and |
| 9.1.2 | as expressly stated in these Terms and Conditions, |
| however if You are not a consumer Our liability to You under this clause shall not exceed the higher of the price paid for the Goods and any relevant insurance cover that We hold for these circumstances. | |
| 9.2 | OUR LIABILITY TO YOU AS A CONSUMER IS IN ACCORDANCE WITH YOUR STATUTORY RIGHTS. |
| 9.3 | The delivery of and relevant cancellation rights concerning any repaired or replacement Goods shall be as for the original Goods. If We supply substitute Goods due to a lack of stock then We would pay the cost of carriage to return unwanted substitutes in Your cancellation. |
| 9.4 | Where We are liable in accordance with these conditions in respect of only some or part of the Goods the Contract shall remain in full force and effect as to the rest of the Goods and no set-off or other claim shall be made by You against or as to such remainder. |
10 |
GENERAL |
| 10.1 | We may sub-contract or assign the performance of the Contract in whole or in part. |
| 10.2 | You shall not assign the Contract. |
| 10.3 | We may, at Our discretion, suspend or terminate the supply of any Goods if You fail to make any due payment or otherwise default in any of Your obligations under the Contract or any other arrangement with Us or We, bona fide, suspect fraud. |
| 10.4 | No waiver by Us of any breach of the Contract by You should be considered as a waiver of any subsequent breach of the same or any other provision. |
| 10.5 | If any provision of the Contract is held by a competent authority to be invalid or unenforceable in whole or in part the validity of the rest of that and all other provisions of such shall not be affected. |
11 |
FOREIGN ORDERS |
| 11.1 | Orders from outside UK mainland will not be accepted |
12 |
GOVERNING LAW AND JURISDICTION |
| 12.1 | This Contract shall be governed by English law and disputes arising in connection with the Contract shall dealt with exclusively by the English courts. |
| 12.2 | A person who is not a party to this Contract has no statutory right to enforce any term of this Contract. |
| 12.3 | Notices under this Contract shall be given in Writing in accordance with the Distance Selling Regulations (even if You are not a consumer). |
13 |
EXPLANATION OF WORDS USED |
In these Terms and Conditions the following words have the following meanings:
All reference in these Terms and Conditions to the singular includes the plural and vice versa. If you have any further queries or concerns about these Terms and Conditions, please send an e-mail to billy@mkcc.org.uk or telephone Us on 01908 670655. |
Issue Date: February 2005