TERMS & CONDITIONS OF THIS WEBSITE
About us
Erskine Hospital
A registered company limited by guarantee (Company No. SC174103)
Registered Charity No. SC006609 (Scotland)
Registered office: 7 West George Street, Glasgow, G2 1BA
VAT no.: 264 0127 88
Terms of Use:
- Definitions
In these terms and conditions the following capitalised words shall have the following meanings:
“Content” means all material including, without limitation, text, video, graphics and audio, published on the Website, whether copyright of Erskine Hospital or a third party;
“Intellectual Property Rights” means all patents, designs rights, trade marks, trade and business names and all associated goodwill, rights to sue for passing off, copyright, moral rights and related rights, rights in databases, domain names, rights in information (including know-how and trade secrets) and all other similar or equivalent rights existing now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term;
“Website” means any website under the ownership or control of Erskine Hospital from which a link has been created to these terms and conditions
- Accessing this site:
a. By using the Website you agree to be legally bound by these terms and conditions, which shall take effect from your first use of the Website. If these terms and conditions are not accepted in full, the use of the Website must be terminated immediately.
b. Erskine Hospital reserves the right to change these terms and conditions at any time by posting changes online. Your continued use of the Website after any changes are posted means you agree to be legally bound by these terms as updated and/or amended. You agree to review this agreement periodically to ensure you are aware of any changes.
c. Erskine Hospital reserves the right to withdraw or amend the service it provides on the Website without notice and will not be liable if for any reason the Website is unavailable at any time or for any period.
d. From time to time, Erskine Hospital may restrict access to some parts of the Website, or the entire Website, to users who have registered.
e. If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Erskine Hospital reserves the right to disable any user identification code or password, whether chosen by or allocated to you, at any time, if, in the reasonable opinion of Erskine Hospital, you have failed to comply with any of the provisions of these terms and conditions.
f. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms and conditions, and that they comply with them.
g. Erskine Hospital does not warrant that the functions contained in the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available on the internet are free of viruses or bugs or represents the full functionality, accuracy and reliability of the content.
h. No data transmission over the internet can be guaranteed to be 100% secure; therefore any information sent by e-mail or submitted through the Website is at your own risk.
i. The Website is provided “as is” without any representations or any form of warranty (whether made expressly or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
j. You agree to use the Website for lawful purposes and in a way that does not infringe the rights of, nor restrict or inhibit anyone else’s use and enjoyment of, the Website.
k. If there is a conflict between these Terms and Conditions and/or specific terms of use appearing on this website relating to specific material then the latter shall prevail.
3. Intellectual Property Rights:
a. All Content on the Website is the copyright of Erskine Hospital or third parties.
b. You may view the Content on screen. You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the Content in any way except for non- commercial personal or educational use.
c. You agree not to adapt, alter or create a derivative work from any of the Content except for non-commercial personal or educational use. Any other use of the Content requires the prior written permission of Erskine Hospital.
d. The status of Erskine Hospital (and that of any identified contributors) as the authors of any Content must always be acknowledged.
e. If you copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the Content in breach of these terms and conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
f. The names, images and logos identifying Erskine Hospital or any other third parties referred to on the Website and their products and services may be subject to copyright, design rights or trademark rights. These trademarks may not be reproduced without the consent of the relevant owners. Nothing contained in these terms and conditions shall be construed as conferring any licence or right to use any trademark, design right or copyright of Erskine Hospital or any other third party.
4. Reliance on information posted:
a. Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. Erskine Hospital therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
b. Erskine Hospital updates the Website regularly, and may change the Content at any time. Any of the Content on the Website may be out of date at any given time, and we are under no obligation to update such material.
5. Our Liability:
a. Erskine Hospital will not be liable for any damages, including indirect or consequential damages, or any damages arising from the use or loss of use of the Website, or the loss of data or profits, whether in contract, negligence or other tortuous action, arising from or in connection with the use of the Website.
b. Nothing in these terms and conditions affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
c. Please note that the Website is only intended to be for domestic and private use, and Erskine Hospital will have no liability for any loss of profit, loss of business, business interruption, loss of business opportunity, goodwill or reputation or any indirect or consequential losses or damage.
6. Privacy Policy:
a. We process information about you in accordance with our privacy policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
7. Transactions concluded through the Website:
a. Contracts for the supply of goods made by you and formed through the Website and the online shop are governed by our terms and conditions of supply http://erskine.org.uk/shop/support/terms-conditions/.
8. Uploading material to the Website:
a. Where you are invited to submit any contribution to the Website (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant Erskine Hospital a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in Erskine Hospital’s privacy policy. If you do not want to grant to Erskine Hospital the rights set out above, please do not submit your contribution.
b. Contributions must be your own, they must be civil and tasteful. They must not contain any unlawful or objectionable content and they must not infringe the law. Should you identify contributions which are unlawful, distasteful or otherwise objectionable then please contact Erskine Hospital: fundraising@erskine.org.uk .
c. When you provide your details or contributions to us you are stating that you are over 18 years of age or are a minor with parental consent. You agree that any information you provide to us about yourself upon registration or at any time will be true and accurate.
d. Erskine Hospital will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
e. Erskine Hospital has the right to remove any material or posting you make on the Website if, in our opinion, such material does not comply with these terms and conditions.
9. Viruses, hacking and other offences:
a. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
b. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
c. You must not attack the Website via denial-of-service attach or a distributed denial-of-service attack.
d. If you breach any of paragraphs 9(a)-(c) above, you will be committing a criminal offence under the Computer Misuse Act 1990. Erskine Hospital will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
e. Erskine Hospital will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any Content, or any website linked to the Website.
10. Linking to the Website:
a. You may link to the Website, provided you do so in a way that is fair and legal and does not damage the reputation of Erskine Hospital or take advantage of it either commercially and non-commercially. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of Erskine Hospital where none exists. Your site must not conflict with the aims of Erskine Hospital
b. You will remove any such link immediately if requested by Erskine Hospital.
c. You must not establish a link from any website that is not owned by you.
11. Links from our Website:
a. The Website may contain links to other websites. These links are provided for your convenience and Erskine Hospital has no control over such websites, nor is it responsible for their content. Erskine Hospital Privacy Policy does not extend to any websites that can be accessed from http://www.erskine.org.uk/ or any related websites within the domain of http://www.erskine.org.uk/. The inclusion of these links on the Website does not imply endorsement of any material on those websites, or any association with their operators, unless otherwise stated. Erskine Hospital cannot guarantee the security of these sites, the operation of the links or that they will be virus- free.
b. Your use of any third party websites is at your own risk and subject to their respective terms & conditions and privacy policies. Erskine Hospital accepts no responsibility for any loss or damage that may result from your use of any third party websites.
12. Jurisdiction and applicable law:
a. The terms and use of the Website shall be governed by the laws of Scotland and shall be subject to the exclusive jurisdiction of the courts of Scotland although we retain the right to bring proceedings against you for breach of these terms and conditions on your country of residence or any other relevant country.
b. If there is any conflict between these terms and conditions and any rules and/or specific terms of use appearing on specific sections of the Website, then the latter shall prevail.
13. Your Concerns:
If you have any concerns about material which appears the Website, please contact:
Erskine Hospital Fundraising on:
email: – fundraising@erskine.org.uk
phone: – 0141814 4511
April 2017
ERSKINE HOSPITAL ONLINE SHOP
ABOUT US
Erskine Hospital
A registered company limited by guarantee (Company No. SC174103)
Registered Charity No. SC006609 (Scotland)
Registered office: 7 West George Street, Glasgow, G2 1BA
VAT no.: 264 0127 88
and:
Any Contract (as defined below) you make with Erskine Hospital via the Website will be between you and Erskine Hospital Limited.
ONLINE TERMS AND CONDITIONS OF SUPPLY
These terms and conditions set out on what basis we sell any of the products (“Products”) listed on this website (the “Website”) to you.
These terms and conditions will apply to any contract between us for the sale of Products to you (a “Contract”). Please ensure you read these terms and conditions carefully and make sure that you understand them before ordering any Product from the Website. Please note that before placing an order you will be asked confirm that you agree to and understand these terms and conditions.
You should print a copy of these terms and conditions or save them to your computer for future reference.
We amend these terms and conditions from time to time as set out in paragraph 6 below. Every time you wish to order Products, please check these terms and conditions as the terms and conditions displayed as at the time of your order will apply to that order. These terms and conditions were most recently updated on [1st April 2017].
These terms and conditions and any Contract between us will only be in the English language.
To contact us, please see our Contact Us page at http://www.erskine.org.uk/contact .
TERMS AND CONDITIONS OF THE ERSKINE SHOP
1. Products and Prices
a. We will take all reasonable care to ensure that all details, images, descriptions and prices of the Products are accurate and correct at the time of their entry and upload onto the Website. We reserve the right to refuse orders where information has been uploaded to the Website incorrectly, including prices and product descriptions.
b. You also acknowledge that you are only permitted to use the Products for your own domestic purposes and that you are not permitted to copy or use the Products, for any other purposes including, for example, any business purposes.
2. Availability
a. All Products displayed on the Website are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is unavailable and we will not process your order if made.
3. Use of the Website
a. Your use of the Website including the online shop is governed by the Website terms and conditions. Please take time to read these as they contain important terms which apply to you.
4. Personal Information
b. We use your personal information in accordance with our Privacy Policy. Please take time to read this as it contains important terms which apply to you.
5. The Contract between you and Erskine Hospital.
a. The technical steps required to create the contract between you and us are as follows:
b. You place the order on the Website for the Products you wish to obtain by pressing the confirm order button at the end of the process. You will be guided through the process of placing an order by a series of simple instructions on the Website. The submission of an order is your offer to buy the Products. You will have the opportunity to check and amend any errors before submitting your order to us.
c. We will send to you a timed and dated acknowledgement email detailing the Products you have ordered. Please note this is not an order confirmation or order acceptance from us.
d. Unless we notify you that we cannot accept your order, our acceptance of your order to us will take place when we confirm to you the availability of the Products and we have received payment in full from you. At this point a contract will be formed between us and we will be under a legal obligation to supply the Products to you.
d. As your Products will be dispatched from our third party warehouse from our warehouse we will send you a dispatch confirmation email.
e. Non-acceptance of an order may be as a result of one or more of the following:
- The Products you ordered being either no longer available or not expected in stock for over 30 days. In this case please choose an alternative item or try again in a few weeks
- Our inability to obtain authorisation for your payment
- The identification of a pricing or product description error
- Your failure to meet the eligibility to order criteria set out in this Contract.
If an order is not accepted you will be notified by email. If the Products you have chosen are not available or not expected to be in stock for over 30 days, we will not substitute it with other Products, but recommend instead that you choose an alternative or try again in a few weeks.
f. All prices on this Website are in Pound Sterling “£” and may change at any time. All prices are shown inclusive of VAT at the current rate, where relevant. The price you will pay is the price shown at the time of your order, unless we inform you of a pricing error. In the case of a pricing error your contract will be cancelled and we will not process your order, but will endeavour to inform you as soon as we can. Offers or discounts may be withdrawn by us at any time. If a Product is ordered using any discount code, only full priced items are eligible for the discount, unless specified in the offer.
g. Prices shown on the Website do not include delivery, packaging or other charges, which will be added to any order you place. Our prices do not include any customs duties or similar charges payable on international deliveries.
6. Variation
We may revise these terms and conditions if there are any changes to how we may accept payment from you or any changes to relevant laws and regulatory requirements. The terms and conditions displayed on the Website at the time of your order will be those which apply to the Contract between you and us.
7. Payment
You can pay for Products using a debit or credit card and we accept the following cards: Visa, MasterCard, Meastro, or Paypal.
8. Donations
Donations you make will be paid directly to Erskine Hospital .
9. Miscellaneous:
a. Should donations for any particular appeal exceed our target for that appeal then we will use your donation to help in other areas of the charity where the need is greatest.
b. Refunds are at the discretion of Erskine Hospital.
c. We do not actively fundraise from the under 18s and will aim to ensure that no under 18’s are contacted with marketing material.
d. These Terms set out the entire agreement between you and Erskine Hospital and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by Erskine Hospital to exercise any right we may have under these Terms shall not constitute a waiver by us of that right.
e. If donating by text:
By donating to Erskine Hospital via text message you agree to have the donation sum and the cost of a standard text message added to your ‘pay monthly’ mobile phone bill or deducted from your ‘pay as you go’ mobile phone credit.
9. Jurisdiction and applicable law
These terms and conditions of supply shall be governed by the laws of Scotland and shall be subject to the exclusive jurisdiction of the courts of Scotland.
10. RETURNS AND DELIVERIES POLICY
a. Delivery
We endeavour to fulfil all deliveries in 10 working days, but in some cases it may be up to 21 days.
All risk in the Products you order (including risk of loss and/or damage to the Products) shall pass to you when they are delivered to the delivery address specified in your order.
We shall be under no liability for any delay or failure to deliver Products if the delay or failure is wholly or partly caused by circumstances beyond our control. We shall be under no liability for any delay or failure to deliver Products via UK Next Working Day Delivery if the delay or failure is due to the recipient not being available at the specified delivery address to sign for the Products.
b. Stock availability
c. We aim to hold enough stock to satisfy demand but in the event that an item is not available you will be notified and an alternative or refund given.
d. Returns
If you are not entirely satisfied you can return your selection to us within one month of purchase provided it is in saleable condition. Please note that goods are returned at your own cost and we recommend the use of a registered postal service for your protection.
e. Descriptions
Every effort has been made to ensure that descriptions and photographic representations are as accurate as possible. Slight variations in colour, labelling and sizing may occur
f. Customer services–
If you have any queries please do not hesitate to contact 0141 300 4904.
