Cancer Research UK Online Shop Terms and Conditions of Use
Updated 7th July 2014
Welcome to Cancer Research UK's online shop at http://giftshop.cancerresearchuk.org/ (the 'Site'). This Site and its supporting operation is owned by Cancer Research UK Trading Limited (“Cancer Research UK Trading”, also referred to as “we” and “us”), a company registered in England and Wales with its registered office at the Angel Building, 407 St John Street, London EC1V 4AD (registered company number 4355631) which gives its profits to Cancer Research UK, a private company limited by guarantee (registered company number 4325234) and registered with the Charity Commission for England and Wales (registered charity number 1089464). Our VAT number is GB788 1386 78.
Please read the following terms and policies (together the “Website Terms”) carefully before using the Site:
2. Terms of Sale: »
4. Cancellation Policy »
By using the Site, you signify your agreement to be bound by, and where applicable comply with, the Website Terms.
These are our general terms and conditions governing your use of the Site.
1. What you are allowed to do
1.1 purchase goods from the Site, provided you accept the Terms of Sale, which will apply to any contract made between you and us for the purchase and sale of goods from the Site. These terms are outlined in Section 2 below;
1.2 browse the Site using a compatible web browser. Permission to browse the Site includes permission to make temporary or cached copies of parts of the Site to the extent that this occurs in the normal course of using your browser and that these copies are used only to facilitate current or subsequent access to the Site by you;
1.3 print a copy of any page of the Site for your own personal purposes, provided you do not do any of the things set out under "What you are not allowed to do".
2. What you are not allowed to do
2.1 remove or change anything on the Site;
2.2 copy or use any material from the Site for any commercial purpose;
2.3 remove or change any copyright, trade mark or other intellectual property rights notices contained in the original material or from any material copied or printed from the Site.
3. Your personal information
4. Usernames and Passwords
4.1 If you want to purchase something from the Site, we will ask you to register an account with us. During registration, you will be asked to provide your email address and password, which you can use to make a purchase.
4.2 You must keep your password(s) confidential at all times, and must not disclose the password(s) or permit anyone else to use your password(s). Any breach of these Website Terms by anyone to whom you disclose the password(s) will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms. We shall not be liable to you for any loss or damage which may arise as a result of your failure to maintain the confidentiality of your password.
4.3 In the event of any failure or error in the operation of a password(s), or you become aware or suspect that someone has used a password without your knowledge, you should cease using the password(s), and notify us immediately.
5.1 All intellectual property rights in the Site or any material on it (including text, photographs and other images and sound, downloads, software, trade marks and logos) is either owned by us or has been licensed to us by the rights owner(s) so that we can use this material as part of the Site. These rights are protected by United Kingdom and international copyright and database right laws. You are only allowed to use this Site and the material it contains as set out in these Website Terms.
6. Third party websites
6.1 This Site may also contain links to other third party websites, which are not under the control of and are not maintained by us. Any such links are not an endorsement by us of any products or services available on such sites. We provide these links for your convenience only and you use such links entirely at your own risk. We accept no responsibility for the content or use of such sites or information contained in them.
7. Availability of the Site and termination of accounts
7.1 We may suspend, discontinue or change the Site or any part of it from time to time for repair or maintenance work, in order to update or upgrade the contents or functionality of the Site or for any other reason, without liability or giving notice to you. Access to or use of the Site or pages linked to it may be interrupted or contain errors.
7.2 We may terminate your account(s) immediately in the event you breach any of these Website Terms or if you are late or do not pay any sums due to us.
8. Enquiries or complaints
8.1 If you have any enquiries or complaints about the Site then please address them to:
Cancer Research UK
407 St John Street
9. General and governing law
9.1 We may change these Website Terms from time to time and will attempt to notify you of any major changes by posting a message on the Site. By browsing the Site you are accepting that you are bound by the current Website Terms. Please review these Website Terms each time you use the Site as they are subject to change at any time without notice to you, and such changes will be binding on you.
9.2 Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up-to-date.
9.3 These Website Terms constitute the entire agreement between us and you and takes the place of all prior agreements, representations, statements and understandings between us and you regarding the use of the Site. You agree that you have not relied upon any representation or statement not recorded in the Website Terms.
9.4 Our failure to exercise or enforce any right or provision of these Website Terms or our delay in so doing shall not constitute a waiver of such right or provision. If any provision of these Website Terms is held invalid, the remainder of these terms shall continue in full force and effect. The section titles in these Website Terms are for convenience only and have no legal or contractual effect.
9.5 These Website Terms shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts in respect of any dispute arising from these Website Terms.
9.6 If any provisions of these Website Terms are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.
9.7 These Website Terms can only be enforced by you and us, and no other person shall have any rights to enforce any of these terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
II. Terms of Sale
1. The Sales Terms
Should you purchase any goods from the Site, you will be contracting with us on the terms outlined below. Please read these terms and conditions carefully.
1.1 These Terms of Sale ("Sales Terms") govern the supply of any goods you order via the Site. Please read through the Sales Terms carefully. If you do not agree with the Sales Terms, do not order any goods from this Site. If we accept any order for goods from you, then our agreement with you will be made on these Sales Terms.
1.2 Please note that we reserve the right to amend the Sales Terms from time to time. We will publish the amended Sales Terms on the Site and any new versions of the Sales Terms will come into effect as soon as we have published them (with the exception that any orders that we have already accepted from you prior to any such change will be subject to the Sales Terms in force at that point).
2. Availability of the goods displayed on the Site
2.1 We may suspend the supply of any items displayed on the Site in the event they are out of stock or for any other reason. Products shown on the Site are normally available for dispatch within 24 hours and for products with slower availability, an estimated shipment preparation time is provided in the associated product listings displayed on the Site.
3. Buying goods from the Site
3.1 Pricing policy - We may change the prices of the goods displayed on the Site at any time. The prices for all the goods available through the Site are clearly marked in their description and are inclusive of VAT (if applicable). Please note that if a pricing error is obvious and could have reasonably been recognised by you as a mistake, we do not have to provide the relevant item to you even if we have confirmed your order in accordance with clause 3.3. All applicable delivery charges are also displayed on the Site. All prices are in Pounds Sterling. We may make available offers and discounts using promotion codes. Only one promotion code is valid per order.
3.2 Method of payment - For orders placed via the Site, we accept Visa, Mastercard and Maestro cards. We do not accept Visa Electron, American Express, Diner's Club or Solo cards. When making your payment, it is imperative that you provide the information that we specify is required, for example, the cardholder's name as it is shown on the card, and address exactly as it appears on the card statement. Your card will be debited when we confirm that we have accepted your order. Ownership or title to the product shall not pass to you, the buyer, until we have received payment in full, including all delivery charges.
3.3 Conclusion of Contract of Sale - The information relating to the goods and relevant prices are displayed on the Site for your information and to enable you decide whether you would like to make us an offer to purchase any such goods. When you place an order to purchase an item from the Site, this represents an offer to us. We will then send you an e-mail confirming receipt of your order and containing the details of your order, but this does not mean that your order has been accepted. Your order is only accepted by us, and the contract concluded, when we send e-mail confirmation that we have dispatched that product to you. Any products on the same order which we have not confirmed in a dispatch confirmation e-mail to have been dispatched do not form part of that contract.
3.4 Delivery - Standard service delivery is charged at £3.95 to any UK mainland address and Northern Ireland (excluding offshore territories). These charges cover packing, handling and delivery. Orders are usually responded to within 24 hours, and are dispatched to arrive within 5-10 working days. If you have not received your goods within the above timeframe, please contact our customer services department by email at firstname.lastname@example.org. Next Day delivery is available when an order is placed before 1pm for delivery the next working day. Next Day delivery is charged at £7.95 to any UK mainland address and Northern Ireland (excluding offshore territories), and these charges cover packing, handling and delivery. Next Day deliveries will require a signature on receipt; please ensure someone will be in to sign. We also deliver to countries outside of the UK, but these are subject to different pricing and potential import duties and taxes that we cannot control or predict. Get more information on our delivery services.
If for any reason we do not deliver any item within 30 days after the day on which we send you our dispatch confirmation email (or within any other time period agreed between you and us), you may cancel your order straight away if any of the following apply:
• we have refused to deliver the item in question;
• it was essential to you that delivery took place before the delivery deadline referred to above, or other agreed time period (taking into account all the relevant circumstances); or
• you told us before we accepted your order that delivery before the delivery deadline was essential.
If you do not wish to cancel your order, or are not entitled to do so, you can give us a new deadline for delivery, which must be reasonable, and you can subsequently cancel your order if we do not meet the new deadline.
If you choose to cancel your order as a result of late delivery in the circumstances set out in this clause, you can do so for just some of the items or all of them (where there is more than one item in your order), unless splitting them up would significantly reduce their value.
Where you choose to cancel an order under this clause, we will refund any sums you have paid to us (including delivery charges). If your order has already been delivered to you by the time you choose to cancel, you will have to return the unwanted items to us or allow us to collect them, but we will also pay the costs of this.
3.5 Out of stock - If any item you have chosen is unavailable because it is out of stock or otherwise, we will contact you via phone (if you have provided your telephone details) or email and set out the options that are available to you. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
3.6 Return of goods - We want you to be completely satisfied with your purchases, and we are under a legal duty to supply goods that are in conformity with the contract between you and us. Please let us know if you are not entirely satisfied with our products or our service, so that we can rectify the situation. We try to ensure that the products are the same as our original samples, although sometimes differences do occur. Items are described and photographed as accurately as possible, but please note that sizes, colours and designs may vary. If you are not completely satisfied with any item you ordered you can either return it and ask for a replacement (see clause 3.7) or cancel the purchase and receive a refund (see clause 3.8), no questions asked. When returning goods to us, please send them to Cancer Research UK, Express Park, Shipton Way, Northampton Road, Rushden, Northamptonshire, NN10 6GL. If the product is damaged in any way or has become broken in transit, please contact customer services by email at email@example.com.
3.7 Replacement policy - If you wish to return an item and receive a replacement, please send them to the address given at clause 3.6 above within 14 days of receipt of the item(s), if possible in the original packing (together with the customer advice note). Items returned under this policy must be unopened with any seals and shrink-wrap intact (e.g., for CDs and DVDs, electronics, food). Please note we can only accept the return of opened items if they are faulty. We are only able to replace identical products (requests for different sizes acceptable), so if you wish to order additional items it will be treated as a new order.
In the interests of hygiene, we cannot exchange the following items unless faulty:
• Underwear / lingerie, and swimwear. Please ensure that such items are tried on over your own underwear. We reserve the right to refuse returns of underwear where it is apparent that this has not been the case
• Hats and hair accessories unless unworn and the tags still in place.
• Pierced earrings and pierced body jewellery - we are unable to exchange any pierced jewellery
• Quilts, duvets and pillows unless the original packaging remains undamaged and unopened.
• Cosmetics and toiletries and towels, we will accept returns if they are in a saleable condition with unbroken seals and packaging, and only if supported by a valid proof of purchase (your despatch note) for exchange or refund.
• Gift food
• Goods listed as donated, except where the fault has not been listed by us in the product description
• Personalised goods
• Clearance items reduced to half price or less
If you wish to exchange an item because of an error on our part, because it is damaged or defective or because it does not match the description on the Site, we will be happy to reimburse your costs in returning the original item to us.
Please note that this replacement policy is in addition to your legal cancellation rights set out at clause 3.8 below.
3.8 Cancellation Policy - If you are purchasing items as a consumer, you also have a right to cancel your order within 14 days without giving any reason. This cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
Please note that this cancellation right does not apply to:
• items that are made to your specification or clearly personalised;
• items that are likely to deteriorate or expire rapidly (such as items of food or flowers);
• items that become inseparably mixed with other goods after they are delivered to you
• sealed items which are not suitable for return due to health protection and/or hygiene reasons where the seal is broken after the items are delivered to you
• sealed audio or video recordings (such as CDs and DVDs) where the seal is broken after the items are delivered to you
To cancel a purchase, you must tell us that you wish to cancel within the 14 day period referred to above. You can do this by:
• Submitting the cancellation form or a letter sent by post to the following address: Cancer Research UK, Orbital Park, Ashford, Kent, TN24 0GA
• emailing us at firstname.lastname@example.org or
• calling us on 0300 123 4408, providing us with details of your order in order to allow us to identify your order
• Return the item to us by packing it securely (preferably in the original packing) and sending it back to us with a copy of your receipt and your customer advice note confirming that you wish to cancel your order
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than:
• 14 days after the day we receive back from you any goods supplied;
• (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
• If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the contract.
We will make the reimbursement using the same means of payment as you used for your initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You will send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods. If the item is one which cannot be returned by post, we estimate that if you use the carrier who delivered the item to you, these costs should not exceed the sums we charged you for delivery. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
If the item is faulty, defective or does not match the description on the Site, in addition to a full refund of the price paid for the goods, we will refund the delivery charges incurred in sending the item to you and we’ll reimburse your costs in returning the item(s) to us.
3.9 Legal age - We do not sell products for purchase by children. We do, however, sell children's products for purchase by adults. If you are under 18, you may only purchase items from the Site with the supervision of a parent or guardian.
3.10 Special offers - From time to time, special offers may be advertised on the website. Special offer prices quoted apply only to orders completed online.
3.11 Vouchers - From time to time, vouchers may be issued for free delivery or for discounts on orders or products. You may only use one voucher per order. Some vouchers may only be used once per customer. Please contact email@example.com. if you have any questions about redeeming a voucher code.
3.12 Free gifts - From time to time, free products may be offered with a product or order. These free products are included as part of your order and if any part of the order is returned for a refund we reserve the right to deduct the value of the free gift from your refund if they are not returned too.
3.13 Cancer Research UK Online Shop Gift Voucher Terms
Cancer Research UK Online Shop gift vouchers can be used to purchase goods online from the Site.
Gift vouchers and unused portions of gift vouchers expire two years from the date they are issued unless the terms of the voucher provide otherwise.
Gift vouchers for the Site can only be used once.
The total value of the gift voucher will be applied against the total order including VAT. If the goods purchased online total less than the value of the gift voucher, the remaining balance cannot be carried over or used on future purchases. If your order exceeds the amount of your gift voucher, you must pay for the balance with an approved credit card, debit card or by cheque.
Promotional offers, coupons and discounts may not be applied toward the purchase of a gift voucher for the Site.
When redeeming gift vouchers online or over the phone you will be required to provide the voucher number printed on the gift voucher. You may also be required to provide additional evidence of the voucher itself, which may include you needing to post the voucher to us in order to redeem it.
If you have to return goods for credit originally purchased online using gift voucher(s), then in most instances you will receive another voucher code to use on a future purchase.
The cash value of a gift voucher is 0.001p.
Gift vouchers cannot be used to purchase other gift vouchers.
We are not responsible for lost or stolen gift vouchers.
No VAT is charged when buying a gift voucher; however, purchases paid for with a gift voucher will be charged applicable VAT.
4. Personal Information