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Terms and Conditions: The British Red Cross Gift Shop
Introduction
Welcome to giftshop.redcross.org.uk
The following terms and conditions apply to the use of this Website and all orders for the purchase of goods from the British Red Cross online shop, with the exception of British Red Cross Virtual Gifts (Gifts of Kindness) as these are classed as donations.
For further information about how Red Cross Gifts of Kindness works click here and for information about returns, please email shoponline@redcross.org.uk. Also, please note in relation to gifts of kindness that your submission of personal information through the store is governed by our Privacy Notice. To view our Privacy Notice.
By accessing this Website and/or placing an order for Products you agree to be bound by these Conditions and by the terms of our Privacy Policy (which can be found here). If you do not agree to them, you may not use or access this Website and should leave immediately. You will be asked to tick a box to indicate that you accept the Conditions and our Privacy Policy before placing an order.
If you have any questions relating to these Conditions, please email us at shoponline@redcross.org.uk.
If you proceed with a purchase of Products from this Website, we advise you to print off and keep a copy of these Conditions for your records.
We will use your Personal details to process your order and deliver the Products. Further information about this can be found in our Privacy Policy.
These Conditions do not affect your statutory rights.
Definitions
"Conditions” means these terms and conditions;
“Consumer Contracts Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
“Product(s)” means the product(s) displayed for sale on the Website;
“Personal details” means the details provided by you on registration;
“We/us” means The British Red Cross Society (a body incorporated by Royal Charter and registered in England and Wales (RC000070) with Companies House and a registered charity in England and Wales (number 220949), Scotland (number SC037738) and Isle of Man (0752) whose national headquarters is at UK Office 44, Moorfields, Moorgate, London, EC2Y 9AL and/or Britcross Limited (a company incorporated in England and Wales (number 00932598) whose registered office is at 44 Moorfields, London, EC2Y 9AL (Britcross Limited is a wholly owned subsidiary of The British Red Cross Society and trades only to raise funds for its parent charity's charitable objectives. Its net profits are gift aided to the charity);
“You” means a user of this Website;
“Website” means the website located at giftshop.redcross.org.uk or any subsequent URL which may replace it; and
“UK” means England, Wales, Scotland and Northern Ireland.
Online shopping
We have taken great care in presenting the Products on our Website as accurately as possible. However, the images you see will depend on your monitor’s display and colour capabilities. Accordingly, we are unable to guarantee that the Product images you see are an accurate representation of the actual Product.
By submitting an order to us through our Website, you represent and warrant that the payment details provided on your order are valid and correct, and that when your order is accepted and processed by us, payment will be made in full. If the billing details for your order are the same as your delivery address details, by placing an order on the Website, you confirm that you are the person referred to in the delivery address details. Otherwise, by placing an order, you confirm that you are the person referred to in the billing details. You agree not to impersonate any other person or entity or to use a false name or a name, which you are not authorised to use.
Our rights
We may change this Website and correct or update information (including Product information) on it at any time without notice. In relation to the company details provided for The British Red Cross Society and Britcross Limited and any description of Products from our Website (except where those descriptions have been provided to us by a third party), we do not guarantee and are not responsible for the accuracy of any information provided on the Website. We do not represent or warrant that the material contained in the Website, any of the functions of the Website and the server will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. Accessing the Website is entirely at your own risk. You must not transmit through or to our Website any defamatory, threatening, obscene, distressing, harmful or pornographic material or material which may infringe upon the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy) or which does not comply with all relevant laws.
We reserve the right to:
- Modify or withdraw, temporarily or permanently, this Website (or any part of it) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- Change the Conditions from time to time, and your continued use of the Website (or any part of it) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Purchase of Products
Orders, contract creation and electronic contracting
The technical steps required to create the contract between you and us are as follows:
- You place the order on the Website for the Product(s) you wish to obtain by pressing the confirm order button at the end of the process. You will be guided through the process of placing an order by a series of simple instructions on the Website. The submission of an order is your offer to buy the Product(s).
- If you are buying Product(s) from us, we will ask you to confirm that your order is correct before you proceed to the checkout. If it is not correct, you can revisit your order and correct the mistake before confirming and submitting your order to us. It is your responsibility to ensure that your order is correct before submitting it to us.
- We will send to you a timed and dated acknowledgement email detailing the Product(s) you have ordered. Please note this is not an order confirmation or order acceptance from us.
- Unless we notify you that we cannot accept your order, our acceptance of your order to us will take place when we confirm to you the availability of the Product(s) and we have received payment in full from you. At this point a contract will be formed between you and us and we will be under a legal obligation to supply the Product(s) to you in conformity with the contract.
Non-acceptance of an order
Non-acceptance of an order may be as a result of one or more of the following:
- The Product(s) you ordered being either no longer available or not expected in stock for over 30 days.
- Our inability to obtain authorisation for your payment
- The identification of a pricing or Product description error
- Your failure to meet the eligibility to order criteria set out in these Conditions
If an order is not accepted, you will be notified by email. If the Product you have chosen is not available or not expected to be in stock for over 30 days, we will not substitute it with another Product, but we recommend instead that you choose an alternative or try again in a few weeks.
Prices, payment methods and delivery charges
All prices on this Website are in pounds sterling (£) and may change at any time. All prices are shown inclusive of VAT at the current rate. The price you will pay is the price shown at the time of your order, unless we inform you of a pricing error. In the case of a pricing error, your contract will be cancelled, and we will not process your order, but will endeavour to inform you as soon as we can.
Offers or discounts may be withdrawn by us at any time.
We accept payment by Visa, Mastercard, American Express and debit/credit cards except Diners Card. We cannot accept payment by cheque for orders made online.
The price of the Products does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
Legal ownership and passing of risk
Please note that we take payment for the Product(s) you have ordered when they are ordered. The legal ownership of the Product(s) will pass to you at the time that the Products(s) are received by you or a person designated by you as the recipient.
Other
The contract will be concluded in English. The details of your specific contract will not be filed by us. If you require any information regarding an order you have placed with us, please email shoponline@redcross.org.uk.
Delivery
We deliver to all parts of the UK, as well as to the Channel Islands and Isle of Man. Post and packing charges are as stated on the Website throughout the UK, Channel Islands and Isle of Man. For other orders outside these areas please contact email shoponline@britishredcross.org.uk.
We will endeavour to dispatch the Product(s) within the time specified on the Website. If you order more than one Product, they may be delivered at different times. Please allow up to 30 working days excluding bank or public holidays in England and Wales from the dispatch date for the Product to reach you. Please note that deliveries to the Highlands and Islands, Channel Islands, Isles of Scilly, and Isle of Man may take longer.
Your Product may be dispatched from a third party.
Occasionally our delivery to you may be affected by an Event Outside Our Control. See section below (Events Outside Our Control) for our responsibilities when this happens.
If we fail to deliver the Products, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Products. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of Products.
Event Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control). If an Event Outside Our Control takes place that affects the performance of our obligations under the contract (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under the contract 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. You may cancel the contract affected by an Event Outside Our Control which has continued for more than 30 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.
Contract Cancellation under the Consumer Contracts Regulations
If you wish to exercise your right to cancel this contract under the Consumer Contracts Regulations after your order has already been dispatched, we will refund the original purchase price and delivery charge, provided that (a) you have notified us by telephone or email within 14 working days after the day on which you or a person designated by you as the recipient receive(s) the Product(s); and (b) and you have taken reasonable care of the Product(s) and not used them. Please follow the procedure set out in our Returns procedure below.
Please note that your right to cancel the contract under the Consumer Contracts Regulations does not apply to Products which fall into the following categories, unless they are faulty:
- Goods made to your specification (custom-made)
- Perishable goods (for example flowers/fresh food)
- Unsealed CDs, DVDs, tapes or other recording media, software or videos
In the case of the following items, in view of their nature, we regret that we cannot accept returns of the following Products, which are periodicals and magazines once they have been opened, unless they are faulty.
If you wish to exercise your right to cancel this contract, email shoponline@britishredcross.org.uk.
Returns procedure
We hope you will be pleased with your purchase. Should you wish to return a Product to us, please contact shoponline@redcross.org.uk and we will process the return or put you in contact with the relevant third party. The returns procedure will differ depending on which Product has been purchased.
We will be happy to refund the price of or exchange a Product provided it is in fully resaleable condition with any labels/tags still intact and as far as possible, in its original packaging. If we find that the Product has not been returned to us in a fully resaleable condition, we reserve the right to refuse a refund or exchange on the Product. Please note that we are unable to refund or exchange Products which were specially adapted to your requirements unless they are faulty, damaged or do not meet the description we made.
All Products returned must be unused (this includes being washed or worn) and have all the original packaging and labels attached. Any items that fail to meet these criteria will not be accepted.
In the interests of hygiene, all food items, cosmetics, toiletries, pierced earrings, underwear and eyelashes cannot be returned.
If the Product is simply unwanted, you will bear the cost of returning the Product to us and we will not refund your original delivery charge, unless you have exercised your right to cancel the contract under the Consumer Contracts Regulations.
We will not refund any amount beyond the costs of the least expensive, standard delivery we offer.
Refunds will be made within 14 days of your Product being received by us.
Your statutory rights are unaffected.
If you have purchased an Urban Makers product, please contact shoponline@redcross.org.uk
Personal Information
Your submission of personal information through the store is governed by our Privacy Notice. To view our Privacy Notice.
Security
The British Red Cross is committed to providing a safe and secure online shopping experience. We use secure server technology that implements Transport Layer Security (TLS) to protect your details and assist your shopping experience. TLS is the industry standard for encryption and enables millions of secure online transactions every day.
To check you are in a secure area of our Website, please look at the bottom or top of your browser and you will see a closed padlock. When submitting your order, you are confirming your wish to purchase Product/s and to allow us to use your Personal details for the purpose of supplying the Products.
Intellectual property rights
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall belong and remain at all times to us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase of a Product) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
The contents of this Website are the property of The British Red Cross Society and/or Britcross Limited and are protected by intellectual property laws. These contents include but are not limited to the Website design, graphics, text, visual clips, audio clips, logos and button icons, including the selection and arrangement of them.
Permission is granted to copy the Conditions electronically and to print in hard copy for the purpose of placing an order. Any other use of this Website, without our prior permission is strictly prohibited. The following acts are expressly forbidden unless written consent has been given: reproduction for any other purpose than that referred to above, modification, distribution, transmission, broadcast republication, downloading or uploading of any part of this Website.
ALL RIGHTS RESERVED.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
We only supply the Products for internal use by your business, and you agree not to use the Products for any resale purposes.
Limitation of Liability
We would like to draw your attention to this section in particular.
While we use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights under the Consumer Contracts Regulations.
In no circumstances will we nor any of our agents, affiliates, directors, trustees, employees or other representatives will be liable, in contract or tort (including, without limitation, negligence) or for pre-contract or other representations or otherwise out of or in connection with the Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect or consequential losses suffered or incurred by you arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for (a) death or personal injury resulting from our negligence or that of our agents or employees; (b) (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded by law.
Subject to the above, our total liability to you for all losses arising under or in connection with the contract, whether in contract, tort including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the price of the Products you have ordered.
Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, trustees, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing this Website using your Personal details.
General
Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Waiver
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
Survival
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Entire agreement
These Conditions (and documents incorporated herein) govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what we and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation except where expressly made by a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by the Conditions.
Third Party Rights
A person who is not a party to these Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 (Act) to enforce any term of these Conditions, but this shall not affect any right or remedy of a third party which exists or is available apart from the Act.
Assignment
We may assign or transfer our rights and obligations under the contract to another entity. You may only assign or transfer your rights or your obligations under the contract to another person if we agree in writing.
Jurisdiction and governing law
The Website is controlled and operated in the UK. The Conditions and all matters connected with any order you place in our Website shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
Disputes
If you have any complaint about this Website or any of the Products we provide, you should contact our Customer Service Centre on the number above and we will try and resolve it as soon as possible. However, if we have a dispute regarding your use of the Website or these terms and conditions, the courts will use English law to determine that dispute. If you wish to take legal action against us, as we are a UK company you should do so in the English courts only.
European Online Resolution platform
The European Commission has established a web-based platform to allow consumers to submit a contractual dispute arising from the purchase of goods and services. Further information about this mechanism for resolving disputes can be found here.
VAT Group Registration Number
The Group VAT registration number for both The British Red Cross Society and Britcross Ltd is 706 9262 27.
Copyright The British Red Cross Society/Britcross Ltd, October 2019.