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General terms and conditions

The following terms and conditions of sale apply to all orders (except as set out below) placed with the Sport Relief 2018 Online Shop. By placing an order for goods you are deemed to have accepted these terms and conditions of sale. We advise you to print and keep a copy of these terms and conditions for your records.

Please note that these terms and conditions do not apply to the Wristbands for Schools and Softballs for Schools, and teachers ordering Wristbands or Softballs should read the separate terms and conditions. These terms and conditions also do not apply to free fundraising packs or other free materials ordered through the site or to donations added to your order.

 

Our Products

Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the goods. Your goods may vary slightly from those images.

Goods packaging may vary. The packaging of the goods may vary from that shown in images on our website.

 

Payment

To purchase goods from Comic Relief through the Online Shop, you need to complete the online ordering process. Your order and payment, followed by our confirmation of order email, is a contract of sale to buy the goods on these terms and conditions. Our payment provider will process your payment on our behalf.

 

Availability

The supply of goods from the Online Shop is subject to availability. Whilst we will try to inform you if any goods are unavailable before you place an order, we cannot always do this. If this happens, you will be informed by email and you will either not be charged or be refunded for any unfulfilled items.

 

Prices

Prices of all goods available on the Online Shop are quoted and charged in sterling and, where applicable, are inclusive of VAT at the current rate.

 

Forms of Payment

We accept all major credit and debit cards (except Electron). Comic Relief cannot accept payment by cash, cheque or postal order for orders placed on the Online Shop.

 

Delivery

We regret that we are unable to deliver outside of the UK, as the high cost of delivery beyond the UK currently makes such a service uneconomic. Please note that we cannot deliver to PO Boxes.Parcels will be dispatched without undue delay and in any event within 30 days of order. Delivery will be either through Royal Mail, Whistl or courier, dependent on the order weight and value. All courier deliveries will require a signature at receipt. A postage and packaging charge (referred to as P&P) is payable on all orders according to the size of the order. This charge will be calculated at the checkout stage of your order, and includes VAT at the current rate.

Any orders placed after Friday 16th March 2018 are not guaranteed to be delivered before Sport Relief on Friday 23rd March 2018.

 

If you are not at home when the product is delivered

If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to [rearrange delivery or collect the products from a local depot].

 

If you do not re-arrange delivery

If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract with you constituted by these terms and conditions.

 

When you become responsible for the goods

The goods will be your responsibility from the time we deliver the goods to the address you gave us. When you own goods You own the goods once we have received payment in full.

 

Cancelling your order

You have a statutory right to cancel your order without giving us any reason by notifying us in writing (as explained below) within 14 calendar days of delivery, with details of:

1. your name;
2. your address;
3. your order number;
4. the date of your order and date the order was delivered;
5. a description of the goods being cancelled;
6. confirmation that you are requesting a cancellation;
7. your signature and the date.

Your right to cancel does not apply to goods you have used and which are therefore not in a saleable condition; or if you are acting in the course of business.

Please send the goods to the Returns Address (as below) in a saleable condition, using the address label and returns slip provided on the delivery note. We recommend that you obtain proof of postage. You must send back the goods without undue delay and in any event not later than 14 calendar days from the day on which you communicate your cancellation to us.

We will refund the purchase price to you within the earlier of 14 days of our receipt of the goods from you or, if earlier, the day on which you provide us with evidence of having sent us the goods. Your refund will include the proportion of the original postage and packing we charged you which relates to the value of the goods you are returning as a percentage of your total order. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you expressly request otherwise in your cancellation note. You are responsible for the costs of returning the goods and this cannot be refunded.

If you wish to cancel before you have received the goods, please contact us immediately with your name, delivery address and order number (found in your confirmation email). Whilst we will try to cancel the order before it is dispatched, we may be unable to do so. If the goods are delivered you will need to cancel your order in writing and return the goods as set out above. Please note that we are unable to cancel any orders after the 14 calendar day period unless the goods are faulty (see 'Faulty Goods' below). Your right to cancel is separate from other statutory rights you may have.

 

Faulty Goods

We have a legal duty to supply goods that conform to what you ordered, and the Consumer Rights Act 2015 applies here. If any goods ordered from us are faulty or are not as specified in your order, please return them to the 'Returns Address' using the address label and returns slip provided with your order as soon as possible, securely packaged. Please indicate your preference to either receive a replacement item or a refund. If you have indicated a preference for a refund and we find that the goods are faulty or not as specified in your order, and you have returned them within a reasonable period, we will as soon as possible, and in any event within 14 days from either the day on which we receive the goods back from you, or, if earlier, the day on which you provide us with evidence that you have sent the product back to us, refund the purchase price to you (including the original postage and packing we charged you), and your postage and packaging costs for returning the goods (standard recorded delivery).

Please note that due to campaign time constraints and stock availability, we cannot guarantee that any replacement items will be received in time for Sport Relief on Friday 23rd March 2018.

 

Exchanges

Unfortunately due to our short selling period, we are unable to process exchanges, except in the case of incorrect items being delivered or faulty goods.

 

Returns Address

Please use the returns label included in the delivery note. The address for returning faulty or cancelled goods is:

Sport Relief Online Shop Returns
PO Box 504
Leicester
LE94 0AE

 

Donations

We regret that any additional donations made through the ordering process are not refundable.

 

Children

You may only order goods through the Online Shop if you are 18 or over. If you are under 18 years old, please ask your parent or guardian to complete the ordering process.

 

Liability

Comic Relief shall not be liable if we are unable to carry out our obligations (including any delays) due to any circumstances beyond our reasonable control.

If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

Comic Relief shall not be liable for any indirect or consequential losses, or for any business losses (including loss of profits, data, anticipated savings, and goodwill or for wasted expenditure) you may suffer as a result of any breach of these terms and conditions of sale.

We do not limit or exclude our liability in any way where it would be unlawful for us to do so, including for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described, fit for purpose and of satisfactory quality; and for defective products under the Consumer Protection Act 1987.

Re-sale of products The products sold on this site raise money for Comic Relief, and are not intended for commercial re-sale. Businesses may not re-sell the products to the general public without the permission of Comic Relief.

 

Governing law and jurisdiction

These terms and conditions of sale shall be governed by and enforced in accordance with the laws of England and Wales. Comic Relief and you both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.

 

Company details & Address

The Online Shop is operated by Comic Relief Limited, a subsidiary of Charity Projects (trading as Comic Relief), registered charity 326568 (England & Wales) and SC039730 (Scotland). VAT number 773865187.

Our address for correspondence or queries is below (please note that the address for returning faulty or cancelled goods is the Returns Address):

Online Shop Comic Relief
89 Albert Embankment
London
SE1 7TP

For any queries or complaints about goods or services please contact us.

 

Complaints

If you are not happy about your experience with the Sport Relief shop, please contact us.

 

Privacy

We will use the personal information you provide to us:

(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

We will only give your personal information to third parties where the law either requires or allows us to do so.

Wristbands for Schools and Softballs for Schools

 

1. Full terms

1.1 Company details

Comic Relief Limited (registered company number 01967154) (Comic Relief, we and us), is a company registered in England and Wales and our registered office is at Hanover House, 14 Hanover Square, London, W1S 1HP. Our main trading address is 89 Albert Embankment, London, SE1 7TP. Our VAT number is 773865187. We are the wholly owned subsidiary of Charity Projects (operating as Comic Relief) a charity registered in England and Wales with number 326568 and Scotland with number SC039730 and a company limited by guarantee registered in England and Wales with company number 01806414, who operates the website shop.sportrelief.com.

 

1.2 Contacting us

To contact us telephone our customer service team at 0207 820 2000 or email info@comicrelief.com.

 

2. Our contract with you

2.1 Our contract

These terms and conditions apply to the appointment of you as our non-exclusive unpaid agent (Contract) in relation to the sale of the ‘Softballs for Schools’ and ‘Wristbands for Schools’ products (Products). As our agent, you agree to sell the Products and collect payment for the supply of the Products on our behalf in accordance with this Contract. No other terms are implied by trade, custom, practice or course of dealing.

2.2 Agency

You agree:
(a) to only sell the Products to the students and staff at your school or establishment;
(b) to guarantee the price of all Products supplied to you by paying for them in full. We regret we are unable to refund deposits or take back unsold Products;
(c) not to appoint any other person, firm or company as your agent, distributor, franchisee or other intermediary for the sale of the Products;
(d) to comply with all applicable law, and reasonable instructions of Comic Relief, concerning the Products (including but not limited to in relation to product recall).

2.3 Your copy

You should print a copy of this Contract or save them to your computer for future reference.

 

3. Order and delivery

3.1 Placing your order

Please follow the onscreen prompts to place an order for the Products. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.

3.2 How to pay

You can only pay for Products using a debit card or credit card, or by submitting a cheque with a hard copy order form. Payment for the Products may be made in full in advance, or you may make a part payment in advance with the balance payable as soon as possible after Sport Relief 2018 in accordance with clause 4.1 and/or 4.2 as applicable. All applicable delivery charges must be paid in advance. You agree that we will charge your debit card or credit card / cash your cheque at the time you place your order, for the full amount or the advance payment, although you acknowledge that we will only dispatch Products from January 2018.

3.3 Delivery

Products ordered before 2nd February 2018 should be delivered by 9th February 2018. For orders placed on or after 2nd February 2018 please allow 3-5 working days for delivery. Orders close on Friday 16 March 2018. Orders received after this date will not be processed and your cheque will not be cashed.

3.4 International delivery

Unfortunately, we do not deliver to addresses outside the UK. You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.

3.5 If we cannot supply your order

If we are unable to supply you with the Products for any reason, we will inform you of this by email and we will not process your order. We will refund you the full amount including any delivery costs charged or return your cheque to you as soon as possible.

 

4. Price of Products, delivery charges and, selling the Products

4.1 Softballs for Schools

Softballs cost £1 each and are sold in boxes of 40 through the Softballs for Schools scheme. On placing your order you guarantee to pay the price of the Softballs either by paying the sale price of £40 per box in full or by paying a deposit of £12 per box (30p per Softball) to Comic Relief with the balance of £28 per box (70p per Softball) to be paid to Comic Relief as soon as possible after Sport Relief 2018, via cheque or credit/debit card.

4.2 Wristbands for Schools

Wristbands cost £1 each and are sold in boxes of 30 through the Wristbands for Schools scheme. On placing your order you guarantee the sale of the Wristbands either by paying the sale price of £30 per box in full or by paying a deposit of £9 per box (30p per Wristband) to Comic Relief with the balance of £21 per box (70p per Wristband) to be paid to Comic Relief as soon as possible after Sport Relief 2018, via cheque or credit/debit card.

4.3

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. Delivery charges are inclusive of Value-Added Tax (VAT). A VAT invoice for the delivery charges is available on request.

4.4

You must sell our Products for £1 each. Any money paid over £1 should be treated as a donation and sent to us as soon as possible after Sport Relief 2018 along with any balance owing.

4.5

On all materials publicising sales of Product you must state: “At least 50p from the sale of each softball/wristband [please delete as appropriate] goes to Comic Relief, registered charity 326568 (England/Wales); SC039730 (Scotland).”

4.6

We regret we are unable to refund deposits or take back unsold Products.

 

5. Our products

5.1

The images of the Products on our site are for illustrative purposes only. The Products, and the packaging of the Products, may vary slightly from those images. We reserve the right to amend the specification of the Products if required by any applicable statutory or regulatory requirement.

5.2 Disposal

Please dispose of any Products carefully and DO NOT put Products in your household recycling.

 

5.3 Faulty products

If the Products are faulty or mis-described, please email us at info@comicrelief.com or contact our Customer Services team by telephone on 0207 820 2000 or by post to Comic Relief, Camelford House, 89 Albert Embankment, SE1 7TP. If you are emailing us or writing to us please include details of your order to help us to identify it. We will refund the price of the Products and will refund you on the credit card or debit card used by you to pay.

 

6. Intellectual property

6.1 Acknowledgement of ownership

You acknowledge that Comic Relief’s rights to the intellectual property used on or in relation to the Products and Comic Relief’s business and the goodwill connected with that are Comic Relief’s property.

6.2 Licence

Comic Relief grants you a royalty free, non-exclusive and non-assignable licence to use Comic Relief’s intellectual property only for the purposes of, in accordance with, and during the term of this Contract.

 

7. Term & Termination

7.1 Commencement

This Contract will commence once we receive your payment in accordance with clause 3.2 and will continue until 24 March 2018 unless terminated earlier in accordance with this Contract.

7.2 Termination

This Contract will terminate if:
(a) you commit a material breach of this Contract which you fail to rectify within 14 days of written notice from Comic Relief;
(b) you dispute the title of Comic Relief to its intellectual property; or
(c) you do anything or fail to do anything which in Comic Relief’s sole opinion damages or is likely to damage the reputation of Comic Relief.

7.3

Upon termination, you will pay any balances owing to Comic Relief immediately. Termination of this Contract shall not affect any accrued rights or liabilities of either party.

 

8. Our liability: your attention is particularly drawn to this clause

8.1

Nothing in this Contract 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) any other liability that cannot be limited or excluded by law.

8.2

Subject to clause 8.1, we will under no circumstances 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 any loss or damage whether indirect or consequential.

8.3

Subject to clause 8.1, 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 you have paid for the Products.

 

9. General

9.1 Entire agreement

The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

9.2 Assignment and transfer

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.

9.3 Waiver

If we do not insist that you perform any of your obligations under the Contract, 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 or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

9.4 Severance

Each clause of this Contract operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

9.5 Third party rights

The Contract is between you and us. No other person has any rights to enforce any of its terms.

9.6 Governing law and jurisdiction

This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.