TERMS AND CONDITIONS
Effective Date: 26/11/2010
1. Introduction
1.1 This website is owned and operated by Merlinroute Ltd t/a Lorien Trust. We are registered in the UK (technically “England & Wales”) under number 03029544. Our registered office and trading address is at 2 Jubilee Park, Woodville, Derbyshire DE11 7NZ. Our VAT number is 640 1503 87.
1.2 These terms and conditions apply when you buy any goods via this site or otherwise use this site. They do not however apply to our events which are subject to our event TCs. [insert link].
1.3 We may change these terms and conditions at any time. Please check them carefully as they will apply to any new purchases made after the effective date shown above.
2. Right to cancel under “Distance Selling Regulations”
2.1 If you are a consumer (i.e. acting for purposes outside a business), you have the right (ending 7 working days following the day after delivery of goods) to cancel the contract by email to [insert email address] or any of the other methods specified in Distance Selling Regulations [insert link to http://www.legislation.gov.uk/uksi/2000/2334/contents/made] in which case we will refund the price paid for the goods plus delivery charges attributable to the cancelled item. You are required to take reasonable care of items. If you cancel, you must return the goods to [insert address] at your expense. We will charge you the direct costs of recovery if you do not comply or if you return them at our expense. (This paragraph does not apply to goods to which the right of cancellation under the Distance Selling Regulations does not apply including goods which are liable to deteriorate or expire rapidly or the supply of audio or video recordings or software if unsealed or to newspapers, periodicals or magazines).
2.2 Your above rights under the Distance Selling Regulations are not affected by any separate returns policy on our website.
3. Payment and price
3.1 Payment is in advance by the means stated on our website. We will only process payments if we obtain authorisation from our payment partner.
3.2 The price for the goods you order is as stated on our site at the time you send us your order. VAT or sales tax is included unless we say otherwise.
3.3 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we notify you before we despatch it. If we do notify you, then you can decide if you want to order the item at the correct price but, if you don’t, we will provide a full refund of any payments already made.
3.4 Delivery costs are charged extra at the rate shown on our site when you place your order. These will depend on the delivery method chosen. NB The delivery charges do not include customs or import duties which may be applied to your order by the relevant authorities. It is your separate responsibility to pay for these.
4. Your order
4.1 Your order is an offer to buy from us. Please check your order very carefully to ensure it is correct.
5. Acceptance / unavailability
5.1 There will be no binding contract of any kind between you and us unless and until we actually despatch the goods to you. Until then we may decline to supply the goods to you without giving any reason. Nothing else that we do or say will amount to acceptance of your offer. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.
6. Delivery
6.1 We will only arrange for delivery once we have received full payment in cleared funds. Delivery will be to the address which you specify when ordering.
6.2 We will do our best to arrange delivery within the time specified on our website or, if none, a reasonable period. We are not liable for late delivery to the extent that this is due to circumstances beyond our reasonable control.
6.3 An extra delivery charge may become payable if no-one is present to accept delivery and either you haven’t provided alternative delivery instructions or else you don’t collect the item from a holding depot within 7 days.
6.4 Risk of damage or loss to the goods passes to you on delivery or if you wrongfully refuse delivery when delivery is attempted.
7. Faulty or mis-described goods
7.1 In the case of faulty or mis-described goods, please email us with the details as soon as possible. If the goods are in fact faulty or mis-described we will make arrangements with you for return of the goods to us and will provide a refund.
8. Our responsibility to you
8.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
8.2 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
8.3 We are not responsible for any loss or damage where:
8.3.1 there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
8.3.2 such loss or damage was not reasonably foreseeable by both parties;
8.3.3 such loss or damage is caused by you, for example by not complying with this agreement; or
8.3.4 such loss or damage relates to a business.
9. Your responsibility to us
9.1 You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
10. Intellectual property rights
10.1 All trademarks, logos, graphics, images, photographs, animation, videos, text and software used on this site are our intellectual property. You may display or reproduce such content insofar as necessary to view it within our site for private, genuine non-commercial use. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (unless permitted by applicable law) such content without our prior written consent.
11. Availability of our site
11.1 We will do our best to maintain the operation of our site and to rectify faults if they occur but we cannot guarantee that it will be uninterrupted or error-free. We may have to suspend the site for repair, maintenance, improvement or other technical reason.
12. Third party websites
12.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse those sites or the products or services which they offer nor are we legally responsible for them as they are outside our reasonable control. You use such third party sites at your own risk.
13. “Act of God”
13.1 Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond its reasonable control.
14. English law
14.1 These T&Cs shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
15. General
15.1 Headings used in this agreement are for information and not binding. This agreement constitutes the entire agreement between you and us. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it can’t be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.
16. Complaints
16.1 If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these T&Cs.
Version 1.1
EVENT TERMS AND CONDITIONS
Effective Date: 26/11/2010
1. Introduction
1.1 We are Merlinroute Ltd t/a Lorien Trust. We are registered in the UK (technically “England & Wales”) under number 03029544. Our registered office and trading address is at 2 Jubilee Park, Woodville, Derbyshire DE11 7NZ.
1.2 These terms and conditions apply to our events.
1.3 You must ensure that all persons in your party is aware of and agrees to be bound by these terms and conditions. You are in any event responsible for all actions and omissions of each person in your party.
2. Age requirements
2.1 Only persons who are 16 years or over may make bookings for our events. The party may include persons under 16 provided that they are accompanied at the event by their parent or legal guardian aged 16 or over.
3. Rules and behaviour
3.1 You agree to be bound by, and to comply with, the latest version of our Rules and Regulations [the website version of these TCs should link to online version of Rules and Regulations document], the Site Rules [ditto] and any requirements or guidelines or reasonable requests which we or our agent otherwise communicate to you.
3.2 You must comply with any rules and regulations of the venue owner.
3.3 You must not engage in any dangerous, disruptive, unlawful, abusive, aggressive, threatening, drunken, antisocial or other inappropriate behaviour.
3.4 You must comply with any request to provide proof of identity or age (including photograph and signature) and submit to reasonable security searches.
4. Admission / ejection
4.1 We reserve the right to deny admission or to eject you, whether with or without reasons or warnings, if we or our agent or the venue owner consider in our or their discretion that you have breached these terms and conditions (including non-compliance with any rules) or may do so. No refunds will be available in such case.
5. Cancellation etc.
5.1 We may cancel or change the event (by nature, date, location or otherwise). If so, we will notify you as soon as reasonably possible. If the event is cancelled, we will refund your payment for that event. If there is a change of date and/or location, we will ensure that your booking remains valid for the changed event or will offer a refund of your payment for that event if you request it within 14 days of the date of our notification.
5.2 If you cancel your booking up to 28 days prior to an event, we will refund your payment for that event less a £10 administration fee. There will be no refund for cancellations within 28 days of an event.
5.3 If you are entitled to a refund under any provision of these terms and conditions and have paid a discounted fee covering more than one event, we will calculate any applicable refund by charging you the full (i.e. non-discounted price) for the non-refunded events and refunding you the balance of your payment (less an administration charge if applicable).
6. No sale etc.
6.1 Bookings or tickets for our events may not be sold, offered for sale, traded, exchanged or otherwise used by persons who were not named on the booking application form.
7. Liability
7.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
7.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
7.3 Very important: We shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
7.3.1 there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
7.3.2 such loss or damage is not a reasonably foreseeable result of any such breach;
7.3.3 such loss or damage is caused by you, for example by not complying with this agreement; or
7.3.4 such loss or damage relates to a business.
7.4 Very important: You will liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
8. English law
8.1 These T&Cs shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
9. General
9.1 Headings used in this agreement are for information and not binding. This agreement constitutes the entire agreement between you and us. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it can’t be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply.
Version 1.1