This document (together with the documents expressly referred to in it) tells you information about us and the legal terms and conditions (Terms) on which we sell any goods listed in our literature or on our website (our site) to you, including but not limited to, tickets for events, seminars and courses (RCS Goods).
These Terms will apply to any contract between us for the sale of RCS Goods to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any RCS Goods from us. Please note that by ordering any RCS Goods, you agree to be bound by these Terms and the other documents expressly referred to in them.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in Clause 6. Every time you wish to order RCS Goods, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 27 January 2014.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website https://www.thercs.org. We are The Royal Commonwealth Society, a registered charity in England and Wales (number 226748), incorporated by Royal Charter and with our registered office at Commonwealth House, 85-88 Pall Mall, London SW1Y 5JH.
1.2 To contact us, you can telephone +44 (0)20 3727 4300 or e-mail email@example.com.
2. RCS GOODS
2.1 The images of any RCS Goods on our site are for illustrative purposes only.
2.2 All RCS Goods shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the item you have ordered is not available and we will not process your order until the item is available.
3. IF YOU ARE A CONSUMER
This Clause 3 only applies if you are a consumer.
3.1 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us.
3.2 As a consumer, you have legal rights in relation to RCS Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
4. IF YOU ARE A BUSINESS CUSTOMER
This Clause 4 only applies if you are a business.
4.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase RCS Goods.
4.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order.
5.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the RCS Goods have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.4 If we are unable to supply you with an item, for example because that item is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the RCS Goods, we will refund you the full amount as soon as possible.
6. OUR RIGHT TO VARY THESE TERMS
6.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements; and
(c) changes to the prices of RCS Goods.
6.2 Every time you order RCS Goods from us, the Terms in force at that time will apply to the Contract between you and us.
6.3 Whenever we revise these Terms in accordance with this Clause 6, we will keep you informed and give you notice of this by stating that these Terms have been amended, together with confirmation of the date on which they have been amended.
7. YOUR CANCELLATION AND REFUND RIGHTS IF YOU ARE A CONSUMER
This Clause 7 only applies if you are a consumer.
7.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 (Regulations) during the period set out below in Clause 7.2. This means that during the relevant period, if you change your mind or for any other reason you decide you do not want to keep an item, or attend an event, seminar or course you have paid us for, you can notify us of your decision to cancel the Contract and receive a refund.
7.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the RCS Goods (including, tickets) have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the RCS Goods. Working days means that Saturdays, Sundays or public holidays are not included in this period.
7.3 To cancel a Contract, you must contact us in writing by sending an e-mail to firstname.lastname@example.org or by sending a letter to Commonwealth House, 85-88 Pall Mall, London SW1Y 5JH. You may wish to keep a copy of your cancellation notification for your own records.
7.4 You will receive a full refund of the price you paid for the RCS Goods and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in Clauses 7.2 and 7.3. If you returned the RCS Goods to us because they were faulty or mis-described or because, in the case of tickets, they contained errors on them, please see Clause 7.5.
7.5 Unless Clause 7.6 applies, if you have returned the RCS Goods to us under this Clause 7 because they are faulty or mis-described or because they contain errors, we will refund the price in full, together with any reasonable and necessary delivery charges you incur in returning the item(s) to us.
7.6 If you return any RCS Goods to us on the basis that they are faulty or do not work as described or on the basis that they contained errors but, on return to us, the RCS Goods are found to be sound, complete and as described for sale, we will invoice you for any reasonable costs incurred by us in collecting the RCS Goods from you (if applicable).
7.7 We will refund you on the credit card or debit card used by you to pay. If you paid by cheque, we will refund you by making a payment by cheque.
7.8 If the RCS Goods were delivered to you:
(a) you must return the RCS Goods to us as soon as reasonably practicable and in any event within 14 days;
(b) unless the RCS Goods are faulty or not as described or unless they contain errors (in this case, see Clause 7.5), you will be responsible for the cost of returning the RCS Goods to us;
(c) you have a legal obligation to keep the RCS Goods in your possession and to take care of the RCS Goods while they are in your possession.
7.9 All returned RCS Goods must be in their original condition and fit for re-sale as new. We will reject the return of any RCS Goods which have been used.
7.10 As a consumer, you will always have legal rights in relation to RCS Goods that are faulty or not as described. These legal rights are not affected by the returns policy in this Clause 7 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control (please see Clause 15 for a definition of what we mean by this). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
8.2 “Expected”, “typical”, “anticipated” and “estimated” delivery dates stated on our site and any associated literature does not imply any guaranteed delivery dates.
8.3 Delivery will only be made by us to a registered residential or commercial address. Delivery will not be made to an allotment, car park, waste ground etc.
8.4 Delivery will be completed when we deliver the RCS Goods to the address you gave us or, in the case of tickets, which may be sent to you by electronic means (for example, by e-mail), when we deliver the tickets to you by electronic means.
8.5 Delivery periods are given in good faith but are approximate. Deliveries can occur sooner or later than the anticipated timescales. We will not deliver any RCS Goods to you until full payment has been received by us in cleared funds.
8.6 You own the RCS Goods once we have received payment in full, including all applicable delivery charges.
8.7 Unfortunately, we do not deliver to addresses outside the UK, other than by electronic means.
9. PRICE OF PRODUCTS AND DELIVERY CHARGES
9.1 The prices of the RCS Goods will be as quoted on our site from time to time.
9.2 Prices for our RCS Goods may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
9.3 The price of RCS Goods includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the RCS Goods in full before the change in VAT takes effect.
9.4 The price of RCS Goods does not include delivery charges which may apply to your order. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to the delivery charges set out on our site.
10. HOW TO PAY
10.1 You can only pay for RCS Goods using one of the following methods:
(a) using a debit card or credit card;
(b) BACS (electronic banking);
(c) cheque (made payable to The Royal Commonwealth Society).
10.2 Payment for the RCS Goods and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order. However, regardless of your payment method, we will not despatch any RCS Goods to you until we have received cleared funds in our bank account.
10.3 We reserve the right to reject your order at any time, if we incur any problems in processing your payment.
11.1 For an explanation of how you can make donations to us, click Support the RCS.
11.2 When a donation is made via our site the transaction is final and not disputable unless unauthorised use of your payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.
11.3 By selecting that you wish to Gift Aid your donation, you are agreeing to the following:
I confirm I have paid or will pay an amount of Income Tax and/or Capital Gains Tax for the current tax year (6 April to 5 April) that is at least equal to the amount of tax that The Royal Commonwealth Society will reclaim on my gifts for the current tax year. I understand that other taxes such as VAT and Council Tax do not qualify. I understand that The Royal Commonwealth Society will reclaim 25p of tax on every £1 that I have given.
11.5 When you donate to us through our site and confirm that you are a UK taxpayer, we reclaim Gift Aid. We are not an accounting, taxation or financial advisor, and you should not rely on information given on our site to determine the accounting, tax or financial consequences of making a donation to us. We strongly recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.
11.6 You must pay an amount of Income Tax and/or Capital Gains Tax for each tax year (6 April one year to 5 April the next) that is at least equal to the amount of tax that we will reclaim on your gifts for that tax year.
12. ATTENDING OUR EVENTS, SEMINARS AND COURSES
Our Cancellation Rights
12.1 Events (including, but not limited to, lunches and dinners), courses and seminars may be cancelled by us at any time by giving you notice, for example where there are insufficient delegates booked to make the event, course or seminar viable; travel disruptions or events affect the ability of delegates or speakers to attend, or for any other reason, and we will notify you as soon as we reasonably can in the relevant circumstances, and will return your payment as soon as we are reasonably able.
Your Cancellation Rights
12.2 Prior to attending the event, course or seminar in question, you have the right to cancel your booking within 7 working days of us taking your payment by emailing email@example.com or writing to us at Commonwealth House, 85-88 Pall Mall, London SW1Y 5JH. We will refund to your credit or debit card / your bank, as soon as we are reasonably able and in any event within 30 working days of receiving a cancellation request, the sum received from you in relation to your payment for a place on the event, seminar, course in question.
13. OUR LIABILITY IF YOU ARE A BUSINESS
This Clause 13 only applies if you are a business customer.
13.1 We only supply the RCS Goods for internal use by your business, and you agree not to use the RCS Goods for any re-sale purposes.
13.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
13.3 Subject to Clause 13.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
13.4 Subject to Clauses 13.2 and 13.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the RCS Goods to which the Contract relates.
13.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the RCS Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the RCS Goods are suitable for your purposes.
14. OUR LIABILITY IF YOU ARE A CONSUMER
This Clause 14 only applies if you are a consumer.
14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it is contemplated by you and us at the time we entered into the Contract.
14.2 You agree not to use the RCS Goods for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by Section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by Section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 15.2.
15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a 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 RCS Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16. COMMUNICATIONS BETWEEN US
16.1 When we refer in these Terms, to "in writing", this will include e-mail.
16.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by post to Commonwealth House, 85-88 Pall Mall, London SW1Y 5JH or by e-mail to: firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under Clause 7, please see that Clause 7 for how to tell us this.
16.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
16.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
17. PRIVACY AND SECURITY
17.1 We are committed to protecting and respecting customer privacy. See our
17.2 All information you provide to us is stored on our secure servers. For customer security, we operate a secure e-commerce automated payment process, approved by all UK banks. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
17.3 We take every reasonable care to ensure that all orders, donations and transactions conducted on our site are conducted via a secure link. However, the security of information and payments transmitted via the internet cannot be guaranteed and as we are not responsible for the operation of the secure link we will not, unless we are negligent, be liable for any loss you may suffer if a third party obtains unauthorised access to any information you provide.
17.4 We do not warrant that the functions contained in our site will be uninterrupted or error free, that defects will be corrected, or that our site or the servers that make them available are free of viruses or bugs. We will not be liable for any loss, disruption or damage to your data or your computer system or any other damages (including amongst other losses, loss of profit or loss of use) arising out of your use or delay or inability to use our site, its content or any link to another website arising in contract, tort (including negligence) or otherwise except in the case of death or personal injury caused by our negligence.
18. OUR SITE
18.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. All such rights are reserved.
18.2 You may print off copies, and may download extracts, of any pages(s) from our site for your personal reference and you may draw the attention of others to material posted on our site.
18.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
18.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
18.5 You must not use any part of the materials on our site for commercial purposes without obtaining written consent from us or our licensors. Please send any written requests to use content from our site by emailing email@example.com or writing to us at Commonwealth House, 85-88 Pall Mall, London SW1Y 5JH.
18.6 If you print off, copy or download any part of our site in breach of these Terms, your right to use our site, may at our absolute discretion, cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
18.7 Whilst all reasonable efforts have been made to ensure the accuracy of content on our site, no responsibility can be taken by us for any error or omission.
19. OTHER IMPORTANT TERMS
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. Where possible, we will notify you in writing or by posting on this webpage if this happens.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
19.4 Each of the Clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.6 These Terms are governed by English law. This means a Contract for the purchase of RCS Goods and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.