1. THESE TERMS
1.1 What do capitalised words mean. The following capitalised words shall have the meanings set out below when used in these Website Conditions of Sale:
‘Contracted Event’ means the Event for which you have entered into a contract with us in accordance with these Terms.
‘Event’ means any of our scheduled events.
‘Terms’ means these Website Conditions of Sale.
1.2 What these Terms cover. These are the terms and conditions which apply to any order placed by you through our website to attend one of our Events.
1.3 Why you should read them. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, the basis upon which we enter into a contract with you and deliver the Events, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
1.4 Determining whether you are a business customer or a consumer. In some areas you will have different rights under these Terms depending on whether you are a business or consumer. You are a consumer if:
• You are an individual.
• You are contracting with us wholly or mainly in your personal capacity and not in connection with your trade, business, craft or profession.
We have highlighted in the Terms where different rights will apply depending on whether you are acting as a business or consumer.
1.5 If you are a business customer this is our entire agreement with you. If you are a business customer these Terms constitute the entire agreement between us in relation to your order. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are: www.roystonguest.com is a site operated by Royston Guest Ltd (“We”). We are a limited company registered in Jersey, Channel Islands under company number 127506. Our registered office is 2nd Floor, The Le Gallais Building, 54 Bath Street, St Helier JE1 1FW.
2.2 How to contact us: You can contact us by telephoning our customer service team at +44 (0) 2039 621238 or firstname.lastname@example.org.
2.3 How we may contact you If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order. It is your responsibility to let us know of any changes to your email address and/or postal address for these purposes.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.
3. OUR CONTRACT WITH YOU AND HOW LONG IT WILL LAST
3.1 How we will accept your order. Our acceptance of your order for attendance at one of our Events will take place when we email you to confirm we accept your order, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing. This might be because the Event in question is oversubscribed, because of other unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the Event in question. Where we cannot accept your order, we will refund any payments paid by you (if any) in relation to such Event.
3.3 When the contract will end. Unless the contract is ended early by you or us as set out in the remainder of these Terms, the contract shall come to an end immediately after we have completed delivery of the Contracted Event.
3.4 Information to be provided about the Contracted Event. Prior to the Contracted Event we will email you full joining instructions, including any materials you may need to bring with you to the Contracted Event.
4. OUR EVENTS
4.1 Events may vary slightly from the description on our website and other marketing materials. The description of the Events on our website or other marketing materials are for illustrative purposes only and do not form part of the contract with you. Although we have made every effort to be as accurate as possible, any typographical, clerical or other error or omission on our website or in any other marketing information or other document or information we issue shall be subject to correction, provided that the correction does not materially affect the contract.
4.2 Dates for delivery of the Contracted Event. We will deliver the Contracted Event on the specified date(s) made known to you at the time of placing your order.
4.3 Location for delivery of the Contracted Event. We will deliver the Contracted Event at the specified location made know to you at the time of placing your order.
4.4 Your obligations in relation to the Contracted Event. You acknowledge that you must comply with any reasonable instructions issued by us in relation to the Contracted Event, including any instructions or restrictions issued by the property owners at which the Contracted Event is to take place and which are made known to you.
5. YOUR RIGHTS TO MAKE CHANGES TO YOUR ORDER
5.1 If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the Contracted Event and these Terms. We may change elements of the Contracted Events and these Terms:
6.1.1 to reflect changes in relevant laws and regulatory requirements;
6.1.2 to reflect changes in how we accept payment from you; or
6.1.3 to correct any minor errors or omissions in the Terms.
6.2 More significant changes to the Contracted Event. We may make the following changes to the Contracted Event, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Contracted Event paid for but for which you did not attend:
6.2.1 we may provide alternative individuals to deliver the Contracted Event;
6.2.2 we may need to reschedule date(s) and/or times for delivery of the Contracted Event; and
6.2.3 we may need to change the location for delivery of the Contracted Event.
7. DELAYS OR NON-PERFORMANCE CAUSED BY MATTERS OUTSIDE OF OUR CONTROL
7.1 We are not responsible for delays or non-performance caused by matters outside our control. If our delivery of the Contracted Event is delayed by, or we are unable to perform the contract due to, an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays or non-performance caused by the matters outside of our control. Where we have notified you of a delay and there is a risk this may be substantial, you may contact us to end the contract and receive a refund for any Contracted Event you have paid for but which you did not attend.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have purchased, whether there is anything wrong with the Contracted Event, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
8.1.1 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2.
8.1.2 If you are a consumer and have just changed your mind about the Contracted Event, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this is subject to specific exclusions and limitations.
8.1.3 In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.3.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clause 8.2.1 to clause 8.2.3 below the contract will end immediately and we will refund you in full for any Contracted Event you have paid for but which you did not attend. The reasons are:
8.2.1 we have told you about an error in the price or description of the Contracted Event you have ordered and you do not wish to proceed;
8.2.2 there is a risk that delivery of the Contracted Event may be significantly delayed because of matters outside our control;
8.2.3 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products or services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.
8.4 How long do consumers have to change their mind. If you are a consumer, how long you have to change your mind depends on what you have ordered and how it is delivered. As our Events would be classified as the provision of services for the purposes of the Consumer Contracts Regulations 2013, you have 14 days following the day we email you to confirm that we accept your order and you have been booked in on the Contracted Event in which you can change your mind. However, if you cancel after we have started delivering the Contracted Event, you are still responsible to pay us a proportion of the fee paid for the Contracted Event representing services provided under that Contracted Event up until the time you tell us that you have changed your mind.
8.5 When consumers do not have a right to change their minds. Please note that your right as a consumer to change your mind in accordance with clause 8.3 above will not apply where we have completed delivery of the Contracted Event on the scheduled date(s) even if the cancellation period is still running, provided that:
8.5.1 you have confirmed you still wish us to provide the Contracted Event; and
8.5.2 you have acknowledged this means you will lose your right to change your mind in accordance with clause 8.3.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Except as set out in these Terms, you do not have any other right to end the contract including where you are entering into the contact as a business.
9. HOW TO END THE CONTRACT WITH US IF YOU ARE A CONSUMER WITHIN THE COOLING OFF PERIOD
9.1 Tell us you want to end the contract. To end the contract with us within the cooling off period of 14 days, please let us know by doing one of the following:
9.1.1 By phone. Please call customer services on +44 (0) 2039 621238 and provide your name, home address, details of the order and, where available, your phone number and email address.
9.1.2 By email or through the ‘Contact Us’ page on our website. Please email us at email@example.com or contact us through the Contact page https://www.roystonguest.com/ and provide your name, home address, details of the order and, where available, your phone number and email address.
9.1.3 By post. Please print off the form which is set out in the Schedule to these Terms and post it to us at the address on the form. Or simply write to us at that address, including details of your order and your name and address.
9.2 How we will refund you. If you are entitled to a refund under these Terms we will refund you the price you paid for the Contracted Event by the method you used for payment.
9.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may withdraw a Contracted Event. There may be circumstances in which we need to withdraw a Contracted Event, for example if there is a material reason why it cannot be delivered effectively such as there is not enough attendees to facilitate a viable event. In such circumstances, we will let you know at least 7 working days in advance of the scheduled date of the Contracted Event and will refund any sums you have paid in advance for the Contracted Event.
10.2 We may end a contract if you do not comply with our reasonable instructions. You acknowledge that if you do not comply with clause 4.4 of these Terms this could materially affect our ability to provide the Contracted Event. Accordingly, if you do not remedy such non-compliance within a reasonable period of our request, we may end the contract without notice and we will have no liability to refund any sums paid by you in relation to the Contracted Event.
11. IF THERE IS A PROBLEM WITH THE EVENT OR THE CONTRACT
11.1 How to tell us about problems. If you have any questions or complaints about the Events we provide, please contact us. You can telephone our customer service team at +44 (0) 2039 621238, email us at firstname.lastname@example.org or contact us through the Contact page http://www.roystonguest.com/
12. PRICE AND PAYMENT
12.1 Where to find the price for the Contracted Event. The price of the Contracted Event will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Contracted Event advised to you is correct. However please see clause 12.2 for what happens if we discover an error in the price of the Contracted Event.
12.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Events we market and sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price for the Contracted Event at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price for the Contracted Event at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
12.3 When you must pay and how you must pay. We accept payment by credit and debit card. You must pay for the Contracted Event in full on submission of your order to us.
12.4 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
13. INTELLECTUAL PROPERTY RIGHTS
13.1 All intellectual property rights in the Events belong to us. You acknowledge that:
13.1.1 all intellectual property rights used by or subsisting in the Events, including any materials used by us in delivering the Events, are and shall remain our exclusive property;
13.1.2 the right to access and use any materials supplied as part of any Contracted Event is licensed (and not sold) to you;
13.1.3 you have no rights in, or to, any materials provided by us in relation to a Contracted Event other than to use them for the purposes of participating in the Contracted Event;
13.1.4 you will not at any time make any unauthorised use of, or copy, reproduce, modify, distribute, republish, display, post or transmit any aspect of the Events containing such intellectual property rights, including any materials made available by us as part of a Contracted Event, nor authorise or permit any person to do so; and
13.1.5 you will not remove, adapt or otherwise tamper with any copyright or trade mark notice, legend or logo which appears on any materials provided by us in relation to a Contracted Event.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Events.
14.3 We are not liable for damage to, or loss of, your property. Except as set out in clause 14.2, we are not responsible for any loss of, or damage to, your property or possessions while you are attending the Contracted Event.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
15.1 Nothing in these Terms shall limit or exclude our liability for:
15.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
15.1.2 fraud or fraudulent misrepresentation;
15.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
15.2 Subject to clause 15.1:
15.2.1 we shall not be liable to you for any loss of, or damage to, your property or possessions while you are attending the Contracted Event;
15.2.2 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
15.2.3 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid or payable by you for the Contracted Event in question.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1 How we will use your personal information. We will use the personal information you provide to us:
16.1.1 to deliver the Contracted Event to you, including to supply any necessary information before the date of the Contracted Event such as joining instructions;
16.1.2 to process your payment for the Contracted Event; and
16.1.3 if you agreed to this during the order process, to give you information about similar events that we provide, but you may stop receiving this at any time by contacting us.
16.3 We will only give your personal information to third parties where the law either requires or allows us to do so.
17. OTHER IMPORTANT TERMS
17.1 We may transfer the contract to someone else. We may transfer our rights and obligations under the contract to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for any Contracted Event which you have not attended.
17.2 You need our consent to transfer your rights to someone else. This means that you must not re-sell or transfer your rights under the contract to anyone else and the person attending the Contracted Event must be the same person who entered into the contract, unless otherwise agreed by us in writing.
17.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its Terms.
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These Terms are governed by English law and you can bring legal proceedings in respect of the contract in the English courts. If you live in Scotland you can bring legal proceedings in respect of the contract in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the contract in either the Northern Irish or the English courts.
17.7 Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, or you have a problem with the goods or services we have provided, you have the right to submit your dispute for online resolution through the European Commission Online Dispute Resolution platform at http://ec.europa.eu/odr.
17.8 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Jersey, Channel Islands and the courts of Jersey shall have exclusive jurisdiction to settle any such dispute or claim.
MODEL CANCELLATION FORM FOR CONSUMER CUSTOMERS
(Complete and return this form only if you wish to withdraw from the contract)
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),