Terms & Conditions
In using this Website, and in placing an order for Merchandise from this Website, You are deemed to have read and agreed to the following Terms and Conditions and have entered into a legally binding agreement with The Pernicious Anaemia Society (referred to as We, Our or Us or PAS)
These Terms and Conditions apply to the use of the Website and the purchase of Merchandise and prevail over any other agreement, documentation, or communication whatsoever between Us and can only be varied if agreed between Us in writing. Any special conditions which apply will be set out in the Order Confirmation.
We may change these terms from time to time. The terms that apply to You are those posted here on our Website on the day You order Goods.
Definitions
In this agreement:
Buyer means the person and/or organisation who uses the Website and may buy Merchandise (hereafter referred to as You or the Buyer)
Carrier means any person or business contracted by Us or Our Artists to carry Goods from Us or them to You, whether all or part of the distance.
Intellectual Property means any patent, trade mark, registered design, copyright, design right, contact or database right, know how, confidential information or process, an application for any of the above and any other intellectual property rights recognised in any part of the world whether or not presently existing or applied for which are held by the owning party.
Merchandise means items or event tickets offered for sale on the Website.
Order Confirmation means the email confirming Your order and will confirm such details as what we agree to supply, the price or event date as appropriate. Orders will usually be shipped within 1 week.
Standard Delivery means a method of delivery within Mainland UK using a Carrier.
Terms and Conditions means these terms and conditions which also incorporate all policies and other Terms and Conditions displayed on our Website and will also include any special terms and conditions agreed in writing by Us.
We or Us means the organisation who supplies and owns this Website, Pernicious Anaemia Society, Brackla House, Brackla Street, Bridgend, CF31 1BZ, company registration number is 07904047, registered Charity number 1147839.
Website means the website and all content and/or information at https://shop.pernicious-anaemia-society.org/ and the entire computing hardware and software installation that is or supports the Website.
Working Days means any day Monday to Friday from 9am to 5pm, excluding all public and bank holidays in the United Kingdom (England, Wales, Scotland and Northern Ireland)
2 Our Services and Contract with You
2.1 We are a registered Charity sourcing and offering for sale items of merchandise and arranging events for our members and non-members to raise funds for the Pernicious Anaemia Society. Your purchase will be directly from us unless otherwise indicated on the website.
2.2 Any specification, descriptions or details in any format or any form of advertising material are not part of any agreement unless specifically stated in the Order Confirmation.
2.4 Goods advertised may not be available. If the Goods You order are not available, we will offer You alternatives before we despatch Your order. If this happens You may:
2.4.1 accept the alternatives we offer;
2.4.2 cancel Your order;
2.4.3 leave the order valid, but tell Us to omit the out-of-stock item.
2.4.4 If we owe You money (for this or any other reason), we will credit You using the same method of Payment as You used for Your order as soon as reasonably practicable but in any event no later than 30 days from the date of Your order.
2.5 We shall accept Your order by e-mail confirmation. Our message will also confirm details of Your purchase. Your order for Merchandise or that we have emailed you the Event Registration Details or Ticket. That is when Our contract is made.
2.6 Except as expressly stated in these Terms and Conditions or those statutory warranties which apply to consumers, all warranties, whether express or implied, by operation of law or otherwise, are hereby excluded.
3 Price and Payment
3.1 You must pay Us the full price of Your order including the relevant Carriage or Postage before we will send any part of it.
3.2 The price of the Merchandise or Event Ticket is as displayed in GBP on the Website at the time of purchase.
3.3 Delivery times are estimates and not guaranteed. Please note that our Office is staffed by volunteers and generally orders will only be fulfilled and posted on one day a week.
3.4 We may deliver the goods in instalments or in separate packages if the goods are not available at the same time for delivery.
3.5 You should inspect Your order upon receipt and check that everything specified on the delivery note is included. You will be deemed to have accepted the order unless You notify Us upon receipt that there is a problem. If You fail to take such action, we are not obligated to accept any rejection by You of the Merchandise a later date. If there is any damage whatsoever or if a package shows signs of damage before it is opened, we recommend that You sign for the parcel ‘Received Damaged’ or take a photograph clearly showing the damage. Your statutory rights are not affected.
3.6 Where there is a problem with Your order, such as the wrong Merchandise arrives, or any Merchandise is missing you must email Us at shop@pasoc.org.uk within 14 days after the day You received the Merchandise.
3.7 Depending on the problem with Your order we will advise You whether.
(a) You should send photos of the damage packaging and retain the Merchandise.
(b) Ask You to return the Merchandise for which we will specify if this is at our or your own Cost.
3.8 You should retain the Merchandise and all original packaging for 30 days so that it can be inspected if required.
4 International Sales
4.1 The price is displayed in British pounds (GBP) and You will be paying using GBP. Where the Website displays a currency converter this is only a guide/estimate. Your payment method provider may make a charge for paying in GBP and they will also calculate the rate of currency exchange.
4.2 Currency exchange rates and charges are Your responsibility so You may wish to check this with Your own payment provider before placing Your order.
4.3 Delivery of Merchandise to an international address outside of the UK is subject to customs regulations in the country where any delivery address is located. You are responsible for all duties or other charges which may be imposed if You ask goods to be delivered to a country other than the UK.
4.4 You are solely responsible for complying with any import laws and requirements which apply to the country where the delivery address is located.
5 Returns and Refunds
Because You are buying the Goods by distance selling, You may have a right of cancellation. If You do, (and only if You do), these are the terms which apply:
5.1 All correspondence regarding the return of Goods shall be carried out between You and Us.
5.2 You must tell Us You wish to cancel or return Your order within 14 days of Your receipt of the Goods. You should confirm this in writing by emailing Us at shop@pasoc.org.uk We will then help You with information about the method of return and about how and where to return the item.
5.3 In any event, You may not cancel orders for Commissioned , Personalised or Made to Order Merchandise once images have been approved.
5.4 The Merchandise must be returned to the Our Registered Office Address within 30 days of delivery:
5.4.1 with both goods and all packaging in their original condition;
5.4.2 securely wrapped;
5.4.3 including any delivery slip or return slip we send You to include;
5.4.4 at Your risk and cost.
5.5 After We have received the Goods, refunds are made using the same payment method that You used to pay Us. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach Your account.
5.6 We are under no obligation to collect or recover Goods from You, but if we do, Our costs will be payable by You.
6 Disclaimers
6.1 We or Our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice. Your continued use of Our Website will signify Your acceptance of any adjustment to these terms. You are advised to re-read these terms and conditions regularly.
6.2 You are advised that Content may include technical inaccuracies or typographical errors.
6.3 We give no warranty and make no representation, express or implied, as to:
6.3.1 the adequacy or appropriateness of the Merchandise for Your purpose.
6.3.2 the truth or accuracy of any information given on Our Website relating to the Merchandise;
6.3.3 any implied warranty or condition as to merchantability or fitness of the Merchandise for a particular purpose;
6.3.4 compatibility of Our Website with Your equipment software or telecommunications connection.
6.3.5 compliance with any law;
6.3.6 non-infringement of any right.
6.4 Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from Your use of any such website. We encourage Our users to be aware when they leave Our site and to carefully read the terms and conditions, including privacy statements, of other sites.
6.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with Your use of Our Website or the purchase of Merchandise.
6.6 In any claim against Us Our liability is limited to the value of the goods You have purchased in the contract which is the subject of the dispute.
7 Content and Intellectual Property Rights
7.1 Title, ownership rights, and intellectual property rights in the Content whether provided by Us or by any other Content provider shall remain the sole property of Us and / or the other Content provider.
7.2 You may not copy, modify, publish, transmit, transfer, or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
7.3 You may download or copy the Content only for Your own personal use, provided You maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
7.4 Redistribution or replication or any part of this site is expressly prohibited. PERNICIOUS ANAEMIA SOCIETY and PAS LOGO are trade marks of Perncious Anaemia Society. Copyright and other relevant intellectual property rights exist in all texts relating to the company’s services and in the full content of Our Website.
8 System Security
8.1 You agree that You will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Website.
8.2 You agree that You will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Website, or any software used on Our Website, and that You will not permit any other person to do so.
8.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
8.4 Examples of violations are:
8.4.1 accessing data unlawfully or without consent;
8.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
8.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;
8.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
8.4.5 taking any action in order to obtain Merchandise to which You are not entitled.
8.5 You agree to indemnify Us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
8.5.1 any violation of system security as set out above;
8.5.2 Your use of Our Website;
8.5.3 any other breach or violation of this agreement by You;
8.5.4 the infringement by You, or by any other user of Your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of Your communications.
9 Indemnity
You agree to indemnify Us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of Your use of Our Website, or the infringement by You, or by any other person using Your computer, of any intellectual property or other right of any person.
10 Contractual Limitation
Where we provide Merchandise without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon Us in respect of any such goods.
11 Rights of third parties
Nothing in this agreement or on Our Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
12 Severability
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
13 No Waiver
No waiver by Us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
14 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between You and Us, then You agree to attempt to settle the dispute by engaging in good faith with Us in a process of mediation before commencing arbitration or litigation.
15 Force majeure
We are not liable for any breach of Our obligations resulting from causes beyond Our reasonable control.
16 Governing Law
This Agreement shall be governed by and construed in accordance with the law of England and Wales. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
17 Contact
Full contact information can be found in the Contact section of Our website.
Letters may be addressed to:
Pernicious Anaemia Society
Brackla House
Brackla Street
Bridgend
CF31 1BZ
Complaints should be made in writing using the email address shop@pasoc.org.uk
18 Privacy Policy
Your use of Our Website is subject to Our Privacy & Cookies Policy which can be found here: Privacy Policy