Terms & conditions

1. Basis of Contract

1.1 In these Conditions, the following words have the following meanings:

“Contract” means any contract between You and Us incorporating these conditions for the sale of Products;

“Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;

“Products” means any products and/or goods ordered from Us by You or to be supplied by Us to You;

“Substitute Products” means products of an equivalent function, price and quality to the Products that are supplied by Us to You under this Contract;

“We, Us, Our, Ourselves” means Leukaemia CARE and any of its associated companies;

“Website” means the web site located at the URL www.raise4leukaemia.org.uk; and

“You, Your, Yourself” means the person who uses the Website to donate, enquire or purchase goods and services.

1.2 These conditions shall govern the use of Our Website by You and your purchase of any Products to the exclusion of any other terms and conditions.

1.3 These conditions supersede all previous terms and conditions and shall replace any terms and conditions previously notified to You.

1.4 No variation to these conditions shall be binding on Us unless contained in Our quotation or agreed in writing between You and one of Our authorised representatives.

1.5 Our employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Products unless confirmed by Us in writing.

1.6 You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with these conditions.

1.7 Nothing in this Contract shall exclude or limit any of Your statutory rights which may not be excluded or limited due to You acting as a consumer. Where You are acting as a consumer any provision which is marked with an asterisk (*) may, subject to determination by the Courts, have no force or effect. For further information about Your statutory rights contact Your local authority Trading Standards Department or Citizens Advice Bureau or if based in the Republic of Ireland Your local office of the Director of Consumer Affairs or Citizens’ Information Centre.

2. Orders and Contract

2.1 We shall have the right to refuse to accept any orders placed for Products.

2.2 You shall be responsible for the accuracy of an order and for giving Us any information necessary for Us to perform the Contract. When purchasing online, You will be given opportunity to correct any input errors before You confirm Your order to Us.

2.3 The Contract between You and Us shall come into effect on Our acceptance of Your order, such acceptance to be confirmed in writing by Our authorised representative. This will be sent to You by e-mail.

2.4 If You cancel this Contract for any reason You shall have no further recourse against Us under this Contract.

2.5 We strongly advise that You print off and/or download and save these terms and conditions for future reference.

3. Cancellation

3.1 You may, at Your complete discretion cancel the Contract within a cooling off period of 7 working days from the day after You receive the Products, and receive a full refund of the purchase price provided the Products are returned in ”a new” or “as new” condition. Products returned which are not in “a new” or “as new” condition, or Products which are returned but the Contract was not cancelled within the 7 working day cooling off period are dealt with in clause 4 below.

3.2 If You elect to cancel the Contract, You must serve a notice of cancellation on Us stating that You wish to end the Contract. This notice of cancellation will be deemed to have been given to Us on the day it was left at Our address as detailed in clause 17 below, faxed to Us or emailed to Us. If the day on which We are deemed to have received Your notice of cancellation is not a normal working day, notice will be deemed to have been given on the next working day.

3.3 The Contract will be deemed to have been terminated upon receipt of the notice of cancellation by Us subject to Your ongoing obligations contained in this clause 3.

3.4 If You elect to cancel the Contract You must, upon receipt of a notice of return, arrange for the Products to be returned to Us within 7 days at Your cost. We advise that You return the Products to Us by recorded delivery or secure courier as they are Your responsibility until they reach Us.

3.5 If You fail to return the Products in accordance with clause 3.4 above within a reasonable period of time of the notice of return, We may arrange for the Products to be collected from Your premises.

3.6 You will indemnify Us against any direct costs and expenses incurred in arranging for the Products to be collected in accordance with clause 3.5 above. We may charge your debit/credit card accordingly.

3.7 You agree to keep possession of the Products and to take reasonable care of the Products for such time as You are in possession of the Products for a maximum period of 6 months from the date of the notice of cancellation.

3.8 For the avoidance of doubt, nothing in this clause 3 intended to restrict Your right to reject the Products for any default of Ours, and to return the Products to Us at Our expense in accordance with clause 12 below.

4. Returns

4.1 We may at Our absolute discretion levy a returns charge of up to a maximum of 30% of the purchase price for any Products returned to Us where the Contract was not cancelled within the 7 day cooling off period under clause 3, or which are not returned in a “a new” or “as new” condition to cover any administration, re-testing, re-packaging and other costs involved in reselling returned Products.

4.2 We may refuse to accept the return of Products which have been returned in a damaged condition. You will, if in Our reasonable opinion returned Products cannot be economically repaired, repackaged and re-sold, still be liable for the full contract price. This clause does not affect Your statutory rights.

5. Substitution of Products

5.1 If We are unable to supply the Products to You for any reason whatsoever, We may at Our sole discretion, supply You with Substitute Products.

5.2 If We exercise Our right to supply You with Substitute Products, You may cancel the Contract in accordance with clause 3 above with the exception that We will, within 30 days from the cancellation date, reimburse You for the reasonable cost of returning the Substitute Products to Us.

5.3 If you do not exercise your right to cancel the Contract, this Contract will continue to have effect as if the Substitute Products were the Products that were to be supplied under this Contract.

6. Delivery

6.1 Dates for delivery are estimates only and are not guaranteed. Time is not of the essence in relation to such dates. They are also subject to any matter beyond Our reasonable control.

6.2 We will use Our reasonable commercial endeavours to ensure delivery on the dates specified.

6.3 Where Products are to be delivered in instalments, each delivery shall constitute a separate and distinct contract and failure by Us to deliver, or any claim by You in respect of, any instalment shall not entitle You to repudiate and/or terminate this Contract as a whole.

6.4 You shall have no right to reject Products and shall have no right to rescind for late delivery unless the due date for delivery has passed and You have served on Us a written notice requiring the Contract to be performed and giving Us not less than 14 days in which to do so and the notice has not been complied with.

6.5 We shall not be required to fulfil orders for Products in the sequence in which they are placed.

6.6 You shall procure during normal working hours that We have free rights of access to the address for delivery for the purpose of delivering the Products.

6.7 If You refuse to take delivery of any Products then We shall be entitled to withhold delivery of any other Products and to treat this Contract as repudiated by You and shall have the right to rescind this Contract.

7. Payment

7.1 The price of the Products shall be as shown in Our current price on the Website from time to time.

7.2 You shall pay the monies for any Products and/or any other sums payable under the Contract to Us at the time and in the manner agreed. Our prices are, unless otherwise stated, exclusive of any applicable VAT for which You shall additionally be liable.

7.3 Payment by You on time under this Contract is an essential condition of the Contract. Payment shall not be deemed to have been made until We have received either cash or cleared funds in respect of the full amount outstanding.

7.4 Payment is to be made by credit/debit card. All online payment transactions are handled by Worldpay Limited and Your card details will not be held by Us. You will be directed to Our credit card merchant’s site in order to input Your payment details. Please note that We are not responsible for the security and confidentiality of Your data once You leave Our Website.

7.5 We have no Liability for any loss and/or damage that You suffer as a result of the credit card merchant’s acts and/or omissions.

8. Specification

8.1 Any specification supplied by Us to You shall only be approximate unless specifically agreed in writing.

8.2 The quantity, quality, description and/or specification for the Products shall be that set out in Your order (if accepted by Us) unless otherwise specifically agreed in writing by the parties.

8.3 You are responsible for checking that the Products will fulfil Your requirements.

8.4 If there is an error in any specification prepared by Us then, where that error is material and it has been relied upon by You, You may cancel that part of this Contract which is affected by the error without liability.

8.5 Details and/or specifications in any brochures, price lists and/or on the Website produced by Us are intended as a guide only and only give a general approximation of the Products.

8.6 You confirm and agree that You have not relied upon the details and information contained in Our Website unless You have sought and obtained written confirmation from Us of their accuracy.

8.7 We reserve the right to make changes to the specification of the Products as required from time to time by law, applicable safety requirements or manufacturing requirements provided that they do not have a material adverse effect on the quality of the Products.

8.8 If We do make changes to the specification of the Products which have a material adverse effect then You shall have the right to cancel the Contract without liability.

9. Property and Risk

9.1 Risk in the Products shall pass to You upon delivery of the Products to you.

9.2 *Despite delivery and the passing of risk in the Products, property in the Products shall not pass to You until We have received in cash or cleared funds payment in full of the price for the Products.

9.3 *Until payment in full of the price for all Products supplied to You, the Products shall be stored separately from any products or goods belonging to You or any third party and must be clearly marked and identified as being Our property. You agree that Our employees and/or agents shall be entitled to enter Your premises to check compliance with this clause.

9.4 *Until title in the Products has passed to You, You shall keep the Products insured for the price at which the Products were sold to You against all insurable risks and shall procure that We are named on such policy of insurance as loss payee. Any monies received by Us in accordance with this clause shall not discharge Your liability to pay the price for the Products plus any interest accrued but shall be set off against any such liability.

10. Default

10.1 If You:-

10.1.1 fail to make any payment to Us when due;

10.1.2 breach any term of this Contract (and if the breach is capable of remedy, have not remedied the breach within 14 days of receiving notice requiring the breach to be remedied); and/or

10.1.3 are, or are deemed to be, unable to pay Your debts as they fall due or are insolvent, suspend making payments on any debts or announce an intention to do so, commence negotiations with one or more of Your creditors with a view to rescheduling any of Your indebtedness by reason of actual or anticipated financial difficulties, has a moratorium declared in respect of any of Your indebtedness, cease or threaten to cease to carry on business, apply for an interim order under Section 252 Insolvency Act 1986 or have a bankruptcy petition presented against You, have appointed in respect of You or any of Your assets a liquidator, trustee in bankruptcy, judicial custodian, supervisor, compulsory manager, receiver, administrative receiver, administrator or similar officer (in each case whether out of court or otherwise), pledge or charge any Products which remain Our property, take or suffer any similar action in any jurisdiction or any step is taken (including, without limitation, the making of an application or the giving of any notice) by You or by any other person in respect of any of these circumstances;

then We shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 10.2 below.

10.2 If any of the events set out in clause 10.1 above occurs in relation to You then:-

10.2.1 We may enter, without prior notice, any of Your premises (or premises of third parties with their consent) where Products owned by Us may be and repossess and dispose of or sell any Products found which are owned by Us so as to discharge any sums due to Us under this Contract or any other agreement with You;

10.2.2 You must not re-sell or part with the possession of any Products owned by Us until You have paid in full all sums due to Us under this Contract;

10.2.3 We may withhold delivery of any undelivered Products and stop any Products in transit;

10.2.4 We may cancel, terminate and/or suspend without liability to You any agreement with You; and/or

10.2.5 all monies owed by You to Us shall forthwith become due and payable.

11. Guarantee

11.1 The guarantee applicable to the Products will be described on the Website. Different guarantees may apply for different Products. Any guarantee given will be that the Products will be free from defects in materials and/or workmanship for the specified period from the date of delivery of the Products to You.

11.2 Any guarantee is given by Us subject to the following conditions:-

11.2.1 We shall be under no liability in respect of any faults arising after risk in the Products has passed which is caused by any subsequent mechanical, chemical, electrolytic or other damage not due to a defect in the Products as appropriate; and/or

11.2.2 We shall be under no liability in respect of any faults or defects caused by wilful damage, abnormal working conditions, failure to follow Our instructions, misuse, alteration or repair of Products without Our approval, improper maintenance or negligence on Your part or a third party; and/or

11.3 Where the Products are covered by another manufacturer’s guarantee, Our guarantee will not apply and You should claim under the Manufacturer’s guarantee.

11.4 If any Products prove to be defective and are covered by the Our guarantee then We shall at Our sole option either repair or replace such Products or refund the price for such Products. Provided We comply with this clause the repair, replacement or refund shall be Your sole remedy in respect of claims under Our guarantee.

11.5 Any work carried out by Us which is not covered by Our guarantee will be charged for.

11.6 We agree that We will repair or replace defective Products covered by Our guarantee within a reasonable time of being notified by You of the defect.

11.7 We shall have no liability to You under Our guarantee unless any defect is notified to Us within 14 working days of the defect becoming apparent or suspected or when it should reasonably have become apparent to or suspected by You.

12. Repairs and Replacements

12.1 We will at Our option either refund the price, repair or replace free of charge any defective Products where the defect is apparent on inspection provided that the defect is notified to Us within 15 working days of delivery of such Products.

12.2 Any defective Products must, where reasonable, be returned to Us for inspection if requested by Us before We will have any liability for such defective Products. If the Products shall subsequently prove to be defective, then We shall reimburse You for the cost of returning the defective Products.

12.3 We may at Our sole discretion replace, repair free of charge or refund the price of defective Products which are not notified to Us within the specified time limit where in Our opinion the defect would not have been ascertainable on inspection and has been notified to Us as soon as reasonably practicable.

12.4 We will at Our option either refund the price of or replace free of charge any Products missing from a delivery of Products provided that the missing items are notified to Us within 7 working days of delivery or, in the event of total non-delivery, this fact is notified to Us within 7 working days of receipt of the invoice by You.

12.5 Any Products returned to Us by You for any reason are Your responsibility and at Your risk until they are delivered back to Us.

13. Use of Website

13.1 When You use the Website and/or send Us an e-mail, You are communicating with Us electronically. You consent to all communications being sent to You electronically via the e-mail address that You provide to Us. You agree that such communications will satisfy any legal requirement for the communication to be in writing.

14. Use of your Personal Information

14.1 We will not collect any personal information about You unless You choose to provide Us with it.

14.2 Any personal data processed by Us will be processed in accordance with any data protection legislation and Your instructions and will not be disclosed to any third party without Your prior consent. Please see Our privacy policy on the Website for full details.

14.3 We will use information You provide to Us to process Your order and to send to You material relating to products in which You have expressed an interest and may send You further material in the future about similar products and services that We believe may be of interest to You. Such material may be sent by post, telephone, fax, email or SMS messaging.

You have a right at any time to prevent Us from sending marketing material to You. If You wish Us to stop sending marketing material to You, please write to or email Our Marketing Department at Leukaemia CARE, 1 Birch Court, Blackpole East, Worcester WR3 8SG or email press@leukaemiacare.org.uk

14.4 We do not use cookies for collecting user information from the Website and we will not collect any information about users except that required for system administration of the Web server or provision of services requested by You.

15. Disclaimer

15.1 Although the information reproduced on this site is, to the best of our knowledge, accurate and complete, We disclaim (to the fullest extent allowable by law) all warranties (express or implied) as to the accuracy or completeness of the information, which has been supplied in good faith.

16. Limitations on Liability

16.1 We shall have no Liability for any matters that are outside Our reasonable control.

16.2 We shall have no Liability in respect of any acts and/or omissions by Protx including but not limited to Liability for the security of information that is passed by You to Protx.

16.3 We shall use Our reasonable endeavours to ensure the security of Our Website. We shall have no Liability where the security of Our Website is breached due to acts and/or omissions by you and/or where We have taken reasonable steps to protect the security and integrity of the Website.

16.4 *Our total Liability to You shall not exceed 5 times the price paid for the Products. To the extent that any of Our Liability to You would be met by any insurance of Ours then Our Liability shall be extended to the extent that such Liability is met by such insurance.

16.5 *We shall have no liability to You for any:-

16.5.1 consequential losses;

16.5.2 loss of profits and/or damage to goodwill;

16.5.3 economic and/or similar losses;

16.5.4 loss of and/or corruption of data;

16.5.5 transmission of virus and/or any other harmful code;

16.5.6 fraudulent use of Your credit/debit card; and/or

16.5.7 special damages and indirect losses.

16.6 Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:

16.6.1 Liability in contract (including fundamental breach);

16.6.2 *Liability for a breach of a duty of care (including negligence);

16.6.3 *Liability for breach of statutory duty; and

16.6.4 *Liability for breach of common law and/or any other legal basis.

except clause 16.4 above which shall apply once only in respect of all said types of Liability.

16.7 Nothing in this Contract shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other Liability which We are not permitted to exclude or limit as a matter of law.

16.8 Nothing in this Contract shall exclude any of Your statutory rights which may not be excluded or limited due to You acting as a consumer and/or due to any applicable law. Any provision, which would be void under any consumer protection legislation or other legislation, shall, to that extent, have no force or effect.

17. General

17.1 No waiver by Us of any breach of this Contract shall be considered as a waiver of any subsequent breach of the same provision or other provision.

17.2 If any provision of this Contract is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.

17.3 We shall have no Liability to You for any delay in performance of this Contract to the extent that such delay is due to any event outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, subcontractor delays, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. If We are affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.

17.4 *You agree to indemnify and keep indemnified Ourselves against any and all losses, lost profits, damages, claims, costs (including legal costs on a full indemnity basis), actions and any other losses and/or liabilities suffered by Us and arising from or due to any breach of contract, any tortious/delictual act and/or omission and/or any breach of statutory duty by You.

17.5 All third party rights are excluded and no third party shall have any right to enforce this Contract.

17.6 This Contract is governed by and interpreted in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts. English is the only language offered for the conclusion of the Contract.

18. Our Details

18.1 The Website is owned and operated by Leukaemia CARE.

18.2 If You have any queries and/or complaints about the charity, the contact details are as follows: