1.Introduction
Welcome to the www.palmhouse.org.uk website
("Site").
This Site is owned and operated by Sefton Park Palm House
Preservation Trust (a company limited by guarantee, company no.
03272897),
trading aspalmhouse.org.uk (VAT number: 765352711). Sefton
Park Palm House Preservation Trust is
a registered charity, no. 1059957. We
strive to offer all our customers a reliable and excellent level of
service. If you have any queries or
comments please contact us at info@palmhouse.org.uk or write to us at
Sefton
Park Palm House Preservation Trust, Sefton Park, Liverpool, Merseyside
L171AP. Visitors to this Site are
bound by the following terms and conditions, so please read these
carefully. We may change these terms and
conditions from time to time and so you should check them each time you
revisit
the Site.
2.
Notice For Site Visitors
Located Outside the United Kingdom
This
Site is directed solely at persons who access this Site from the United
Kingdom.
We do not represent that the materials on this Site are appropriate or
available for use in other locations, and accessing this Site from
certain
locations outside the United Kingdom may be illegal and
prohibited. If you access this Site from a location other
than the United Kingdom, you do so at your own initiative and we are
not
responsible for your compliance with any applicable local
laws. You may not access or use this Site if it is
prohibited by any such local laws.
3.
Definitions of words used
In these
terms of use:
"Contract" means
a contract between you and us for Goods sold to you by us through this
Site,
formed as set out in these terms and governed by and subject to these
Terms;
"Goods" means
goods sold to you by us though this Site from time to time;
"Site Material" means any material (in whatever
medium) published on this Site; and
"Terms" means
these terms of website use and terms of sale.
"we", "us" , "our"
or "Palm
House" or "palmhouse.org.uk" means Sefton
Park Palm House Preservation Trust.
4.
Purchase of Goods from the Site
4.1
Please read these terms and
conditions carefully before ordering any Goods from our site.
You should be aware that by ordering any of
our Goods, you agree to be bound by these terms and conditions.
4.2
Any Contract may only be
concluded in English.
Order Process
4.3
Please browse the Site and
select the Goods you would like to purchase clicking on the "Buy Now"
button. The Goods will be added to your
Shopping Cart. When you have finished
selecting Goods you would like to purchase, please click on
"Checkout" link at the top of the web page.
4.4
To order Goods from the Site
you must first register your details.
You can register at any time by clicking on "My Account" at
the top of the Site's web page [or the Site will ask you to register
your
details when you click on "Checkout"]. If you have already
registered your details,
you must sign in to the Site before purchasing any goods. If
you have not already signed in, you will
be asked to do so when you click on "Checkout".
4.5
The ordering process requires
you to complete three steps:
4.5.1
Firstly you will need to
confirm the delivery information shown on screen or amend the
information as
required (for example you may be sending the Goods to a friend or
relative as a
present).
4.5.2
Secondly, you will be asked to
input your payment details.
4.5.3
Finally you will be shown a
summary of all the information you have provided. If the
details are correct and you wish to
proceed, please click the button "Confirm Details".
4.5.4
If the transaction has
processed correctly you will see a confirmation page saying "Your Order
Has Been Processed!". If you do not
see the confirmation page or you encounter any error message, please do
not
resubmit your order, please call us on telephone number 0151 726 9304
between
9:00 and 17:00 [Monday to Friday].
4.6
Your order is an offer to
purchase the Goods which we can accept or refuse at our
discretion. No legally binding agreement will exist
between you and palmhouse.org.uk until we confirm acceptance of your
order by
sending an email to the email address you provide in the purchase
process
confirming that the Goods have been dispatched (the "Dispatch
Confirmation"). The Contract
between us will only be formed when we send you the Dispatch
Confirmation. If your item is not in stock, we will inform
you of this by email with the option to cancel or wait until the item
is back
in stock, as appropriate.
4.7
The Contract will relate only
to those Goods confirmed in the Dispatch Confirmation. We
will not be obliged to supply any other
Goods which may have been part of your order until the dispatch of such
Goods
has been confirmed in a separate Dispatch Confirmation.
5.
Delivery
5.1
We will arrange a carrier who
will deliver the Goods you have ordered to the address given at the
time you make
your order.
5.2
Delivery of Goods
will be made as soon as possible after your order is
accepted. All delivery times quoted are estimates only,
based on availability, normal processing and delivery companies. You
will
become the owner of the Goods and risk in the Goods will pass to you
when the
Goods are dispatched to you from our premises.
6.
General
6.1
The Contract will be deemed to
have been concluded in the United Kingdom.
6.2
Neither the Palm House nor
anyone else who has been involved in the creation, production or supply
of the
Goods shall be liable for any damages (including without limit direct,
indirect, consequential or incidental damages loss of business profits
or
information business interruption or any other financial loss), arising
out of
the use or inability to use the Goods or from errors or deficiencies in
them
whether caused by negligence or otherwise except as expressly provided
herein
(even if the Palm House has been advised of the possibility of such
damages).
6.3
Nothing in the Contract shall exclude
or limit the liability of the Palm House for death or personal injury
resulting
from the negligence of the Palm House, for fraudulent
misrepresentation, under
section 2(3) of the Consumer Protection Act 1987 or under section 2 of
the
Supply of Goods and Services Act 1982 nor shall this Contract affect
the
statutory rights of consumers. If you
are unsure of your statutory rights you should contact your local
Citizens
Advice Bureau.
6.4
If any exclusion in the
Contract is held to be invalid and we become liable for loss or damage
that may
lawfully be limited then such liability shall be limited to the amount
paid by
you for the Goods.
6.5
If we are prevented or delayed
in or from carrying out our obligations under the Contract as a result
of
something beyond our reasonable control such as but not limited to
governmental
acts, war, riots, strikes or trade disputes (including by and with our
own
employees), technical failure, weather, flood, fire or explosion,
natural or
local emergency, we will not be liable for this.
6.6
English law will apply to the
Contract and the English courts will have exclusive jurisdiction.
7.
Price
7.1
The price of any Goods will be
as quoted on our Site from time to time, except in cases of obvious
error.
7.2
All prices include VAT at the
appropriate rate but exclude delivery costs which will be added to the
total
amount due as set out in our Delivery Tariff.
7.3
The price will be confirmed at
the time you request us to provide any of the Goods. Price
information (including information
about special offers) is subject to change without notice unless we
have
already sent you a Dispatch Confirmation.
7.4
Unless otherwise agreed in
writing by palmhouse.org.uk all amounts are payable in pounds
sterling.
7.5
The price is payable on-line in
advance by debit or credit card. We
accept most major credit cards.
Alternatively, if you have problems processing your order through our
Site, please telephone us on 0151 726 9304 between the hours of 9:00
and 17:00,
Monday to Friday, and we will process your payment over the
telephone.
8.
Unauthorised Use of Credit
Cards
We will
take reasonable care to keep the details of your order and credit card
information secure, but unless we have been negligent or fraudulent we
will not
be liable for any losses you may suffer as a result of unauthorised
access by a
third party to information transmitted by you when accessing or using
this
Site. Many credit card issuers will
cover liability arising from unauthorised use of your credit card or
may limit
your liability to a fixed sum (eg £50).] To ensure
the security of your transaction, we use Secure Socket Layer (SSL)
technology.
This means that on any page where you enter personal information such
as credit
card details, the information sent to us is encrypted to safeguard your
details.
(Encryption prevents other internet users from accessing this
information.) We
only accept orders that are placed using this technology.
You can check that you are shopping in a secure environment
by looking for either a locked padlock icon (Internet Explorer and
Firefox) or
an image of a key (Netscape) in the grey bar at the bottom of your
screen.
(This will only appear on pages where you enter personal information,
such as
credit card details.)
9.
Cancellation rights
9.1
If you are contracting as a
consumer, you may cancel a Contract at any time within seven working
days,
beginning on the day after you received the Goods. In this
case, you will receive a full refund
of the price paid for the Goods in accordance with our refunds policy
(set out
in paragraph
9
below).
9.2
To cancel a Contract, you must
inform us in writing. You must also return the Good(s) to us
immediately, in
the same condition in which you received them, and at your own cost and
risk. You have a legal obligation to
take reasonable care of the Goods while they are in your possession. If
you
fail to comply with this obligation, we may have a right of action
against you
for compensation.
9.3
Further details of this
statutory right, and an explanation of how to exercise it, are provided
in the
Dispatch Confirmation. This provision
does not affect your statutory rights.
10.
Our refunds policy
10.1
If you return Goods to us:
10.1.1
because you have cancelled the
Contract between us within the seven-day cooling-off period (see
paragraph
8
above), we will process the refund due to you as soon as possible
and, in any case, within 30 days of the day you have given notice of
your
cancellation. In this case, we will
refund the price of the Goods in full, including the cost of sending
the item
to you. However, you will be responsible
for the cost of returning the item to us.
10.1.2
because you claim that the
Goods are defective or we have delivered Goods to you in error, we will
examine
the returned Goods and if you have a valid claim we will notify you of
your
refund via e-mail within a reasonable period of time. We will
usually process the refund due to you
as soon as possible and, in any case, within 30days of the
day we
confirmed to you via e-mail that you were entitled to a refund for the
defective Goods. Goods returned by you because of a defect or Goods
supplied in
error will be refunded in full, including a refund of the delivery
charges for
sending the item to you and the cost incurred by you in returning the
item to
us.
10.2
We will usually refund any
money received from you using the same method originally used by you to
pay for
your purchase.
11.
Restrictions on Under-Age Use
The part
of the Site where you can order Goods is for use by people
aged18 and over. If you are aged below18
you may not
order Goods from the Site. We would
therefore suggest that you ask a parent or guardian to assist
you.
12.
Information Provided By You
You
agree that any information you provide to us about yourself is at all
times
true, current, accurate and complete. If
it is not or we reasonably suspect it is not true, current, accurate
and
complete then we shall be entitled to terminate the Contract or suspend
the
delivery of the Goods until such time as we determine.
13.
Privacy
Please
read Our Privacy Policy Statement.
14.
Intellectual Property Rights
14.1
All intellectual property
rights in the design, content and arrangement of this Site, its text
and
graphics, all software compilations or underlying source code, and all
other
material on this Site are reserved to palmhouse.org.uk or its content
and/or
technology providers.
14.2
palmhouse.org.uk and all other
names, images, pictures, logos and icons identifying palmhouse.org.uk
or its
Goods are, unless otherwise stated on this Site, trade marks or trade
names of
the Palm House. Other product and
company names mentioned on this Site may be trade marks of their
respective
owners.
15.
Use of Site Content
15.1
You are welcome to access any
part of the website and print off a copy of any or all of the pages for
your
own personal reference.
15.2
If you wish to provide a
hypertext or other link to this Site, please contact us
(insert link to email) with details and we will consider you
request, at our discretion.
15.3
You may not reproduce, modify
or in any way commercially exploit any of the Site Material except as
set out
in the paragraph above. Without limiting
the general principle in the previous sentence, the following
activities are
prohibited unless you obtain our prior written consent:
15.3.1
modifying, selling,
re-publishing or redistributing the Site Material
15.3.2
removing any copyright or trade
mark notices from copies of the Site Material
15.3.3
downloading or printing the
Site Material in a systemic or regular manner so as to create a
database in
electronic or paper form comprising all or part of the Site Material.
16.
Specific Prohibitions
16.1
You may not use any device,
software or routine to interfere or attempt to interfere with the
proper
working of the Site nor may you attempt to decipher, de-compile,
disassemble or
reverse engineer any of the software comprising or in any way making up
a part
of any of the Site.
16.2
You agree to use the Site for
lawful purposes only and in a manner that does not infringe the rights
of, or
restrict the use of the Site by, any third party.
17.
Amendments to the Site Material
We may
from time to amend, modify or improve the Site Material with or without
notice. We may also suspend the
operation of the Site for support or maintenance work. We
apologise in advance for any inconvenience
this may cause.
We
reserve the right to terminate access to this Site at any time and
without
notice.
18.
Website content and links
18.1
We have exercised reasonable
care in preparing the Site Material. We
do not represent or warrant that the information on this website is
accurate,
reliable, complete or current. We advise
you to verify the accuracy of any information on the website before
relying on
it.
18.2
This Site may include links to
external websites. These links are
provided to help you to quickly and easily find relevant websites,
services
and/or products which may be of interest to you. Also, you
may have linked to this Site from
an external website. We are not
responsible for the owners or operators of any of these websites nor
for any
goods or services they supply nor for the content of their
websites. We do not give or enter into any conditions,
warranties or other terms or representations in relation to any of
these
websites nor accept any liability in relation to any of these websites.
19.
Disclaimer
To the fullest extent permitted by law this Site and its
contents is
provided by the Palm House on an "as
is" and "as
available" basis and no representations or warranties of any
kind are
made (and they are expressly disclaimed) with respect to this Site or
its
contents including, without limit, warranties of merchantability and
fitness
for a particular purpose. Further, the
Palm House does not represent or warrant that:
19.1
the service will meet your
requirements;
19.2
the service will be
uninterrupted, timely, secure, or error-free; or
19.3
any results obtained from using
the service will be accurate, complete or current.
20.
Data Protection
Personal
details provided to the Palm House through this website will only be
used in
accordance with Our Privacy Policy. Please read this carefully.
21.
Palm House Guest Book/Email
facility
21.1
The Site may invite you to let
us know your thoughts on the Palm House.
By submitting these messages you are granting permission for us to use,
edit, modify, copy, distribute, transmit, publicly display, reproduce,
publish
or transfer such messages and to allow others to do the same.
Messages will be posted on the Site at Our
discretion.
21.2
Please do not submit messages
which contain any material that:
21.2.1
breaches any intellectual
property rights or is subject to any obligation of confidence; and
21.2.2
is obscene or pornographic,
threatening, menacing, racist, offensive, defamatory or otherwise
unlawful.
21.3
We do not monitor the
Guestbook, but we reserve the right to:
21.3.1
monitor remove or edit any
messages or to block your access to the Site, at our sole discretion;
and/or
21.3.2
disclose any information as
required by law; and/or
21.3.3
take such other action as may
be reasonably necessary to prevent any breach of these Terms and
conditions or
any breach of applicable law or regulation.
21.4
Please also note that all
messages posted on the Guest book represent the views of the individual
who
posted such communication and are not necessarily to be taken as the
views of
the Palm House.
We recommend
that you print or save a copy of these terms of use for your records.
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