Terms & Conditions

The following information details the terms and conditions of the Farleigh Hospice website. To download a PDF version of our terms and conditions, please click here.

Website general terms and conditions

Use of this site is provided by Farleigh Hospice subject to the following Terms and Conditions:

1. Your use constitutes acceptance of these Terms and Conditions as at the date of your first use of the site.
2. Farleigh Hospice reserves the rights to change these Terms and Conditions at any time by posting changes online. Your continued use of this site after changes are posted constitutes your acceptance of this agreement as modified.
3. You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights, or restrict, or inhibit the use and enjoyment of the site by any third party.
4. Farleigh Hospice does not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the materials.
5. Commercial use or publication of all or any item displayed is strictly prohibited without prior authorisation from Farleigh Hospice. Nothing contained herein shall be construed as conferring any licence by Farleigh Hospice to use any item displayed. Documents may be copied for personal use only on the condition that copyright and source indications are also copied, no modifications are made and the document is copied entirely.
6. Farleigh Hospice takes no responsibility for the content of external Internet sites. Other websites that we link to are owned and operated by third parties and Farleigh Hospice has no control over them. The fact that we include links to other websites does not mean that Farleigh Hospice approves of or endorses any other third party website or the content of that website. We accept no liability for any statements, information, products or services that are published on or are accessible through any websites owned or operated by third parties.
7. In accordance with the Data Protection Act all information will be stored securely. Farleigh Hospice does not capture and store any personal information about individuals who access this website, except where you voluntarily choose to give us your personal details via email, or do so by enquiring about or ordering any of our services, making a donation or purchasing an item.
8. In the latter instances and with your permission, the personal information you give us is used exclusively by Farleigh Hospice to keep you up to date with the difference your support is making and send you occasional information which we think will be of interest. You can update your communication preferences at any time by emailing communications@farleighhospice.org. We don’t pass any of your personal data to outside organisations and/or individuals for marketing purposes.
9. Farleigh Hospice does not send cookies from this site and only monitors the IP addresses of visitors to assess which pages are the most popular. These IP addresses are not linked to any personal data ensuring that visitors to our site remain anonymous.
10. You have a right to know about the personal information Farleigh Hospice holds about you. You also have the right to have your data corrected or deleted. Please address all your requests and/or queries about our data-protection policy to Farleigh Hospice at our main address.
11. These terms and conditions shall be governed and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
12. If these Terms and Conditions are not accepted in full, the use of this site must be terminated immediately.

Farleigh Hospice, North Court Road, Chelmsford, Essex, CM1 7FH Registered in England with limited liability no. 1619905. Registered charity number 284670.

Terms and Conditions of sale through the website

1. Definitions
   1. “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller.
   2. “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
   3. “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.
   4. “Goods” means the articles that the Buyer agrees to buy from the Seller.
   5. “Seller” Farleigh Hospice, North Court Road, Chelmsford, CM1 7FH, that owns and operates www.farleighhospice.org and it's associated sub directories whereby a purchase may occur.
   6. “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller.
   7. “Website” means www.farleighhospice.org and all sub directories.
2. Conditions
   1. Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
   2. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
   3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
   4. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
   5. Any complaints should be addressed to the Seller’s address stated in clause 1.5.
3. Ordering
   1. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
   2. Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
   3. When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.
4. Price and payment
   1. The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT. The price includes delivery charges.
   2. The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
   3. After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
   4. Payment of the price plus VAT must be made in full before dispatch of the Goods.
5. Rights of seller
   1. The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
   2. The Seller reserves the right to withdraw any goods from the Website at any time.
   3. The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6. Age of consent
   1. Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
   2. If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
7. Warranty
   1. The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is deemed to be satisfied as to the suitability of the Goods for the Buyer’s purpose.
8. Delivery
   1. Goods supplied within the UK will normally be delivered within 7 working days of acceptance of order.
   2. Goods supplied outside the UK will normally be delivered within 10 working days of acceptance of order.
   3. Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
   4. The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
   5. Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
   6. Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
9. Cancellation and return
   1. The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller Telephone 01245 228948 within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
   2. Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund plus any return postal charges if the Goods are in fact defective.
   3. If you are a Consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller Telephone 01245 228948 within 7 working days of receipt of the Goods. The right to cancel does not apply to contracts for the supply of software, audio or visual recordings if these have been unsealed by the Consumer.
   4. Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return charges within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
   5. Goods to be returned must clearly show the order number obtained from the Seller on the package.
   6. Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
10. Limitations of liability
    1. Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
    2. Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
11. Waiver
    1. No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12. Force majeure
    1. The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
13. Severance
    1. If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14. Changes to terms and conditions
    1. The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
15. Governing law and jurisdiction
    1. These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

Changes to Terms and Conditions

We keep our terms and conditions under regular review and will update these from time to time. This terms and conditions document was last updated on 24th January 2017.