South West Croquet Academy, (owned by Budleigh Salterton Croquet Club Limited) Terms and Conditions of Sale:
1) In these Conditions the following words shall have the following meanings unless the context requires otherwise.
a)“Agreement” means the agreement between the Company and the Customer comprising these terms and conditions and any other terms and conditions previously notified to the Customer that apply to the sale and supply of the Courses, materials and/or Services;
b)“Company” means Budleigh Salterton Croquet Club Ltd, its successors and assigns;
c)“Customer” means a Business or individual, whichever is applicable in the context;
d)“Courses” means the coaching courses or training ordered via the Web Site or by post:
e)”Delivery” means the provision of the course or other materials.
f) “Materials” means any course notes, manuals, booklets, clothing or promotional goods.
g) “Products” means Courses and/or other materials for sale on the Web Site or on the premises where courses are held;
h) “Premises” means the site from which the South West Croquet Academy operates.
i)“Services” means the activities pertinent to the delivery of Products to the Customer.
j) “Web Site” means the website which belongs to the Company with the domain name www.southwestcroquetacademy.co.uk
b) The Company’s Products and Services are available for delivery within the UK and may be held at locations other than at Budleigh Salterton Croquet Club when required.
3) Product Information
a) The Company will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Web Site are correct at the time when the relevant information is entered onto the system. The Company reserves the right to refuse orders where Product information has been incorrectly published.
b) Prices are subject to change without notice. Prices are inclusive of VAT at the current rates, except where stated, and are correct at the time of entering the information onto the system. Prices displayed on the Web Site are valid and effective only in the UK.
c) Products are subject to availability.
4) Purchase of Products
a)When the Customer places an order request on the Web Site the Company shall email the Customer with an acknowledgement of the Customer’s intended order. The Company’s acceptance of an order does not take place until the the Course has been confirmed or other Products have been dispatched.
b)The Company reserves the right to refuse an order. Non-acceptance of an order may, for example, result from one of the following:
i)The Product being unavailable;
ii)The Company’s inability to obtain authorisation of payment;
iii)The identification of an error within the Product information, including price.
c)If there are any problems with the Customer’s order the Company shall contact the Customer. The Company reserves the right to reject any offer to purchase by the Customer at any time.
d)The laws of England shall govern the contract between the Company and the Customer and any dispute will be resolved exclusively in the courts of England. The Customer’s statutory rights are not affected.
a) Subject to availability, course delivery will usually be on the date advised on the website or, for other products, within 5 working days of the Customer’s order being processed. Either the Company or a duly authorised representative of the Company shall make delivery of the Products. Delivery of the Customer’s purchase of materials will be made to the address which the Customer’s notifies to the Company.
b)Due to geographic limitations, the Company cannot guarantee delivery to the whole of the UK. When the Customer’s order is processed a representative of the Company will contact the Customer if the delivery address provided is unsuitable or inaccessible for the Company. Unless delivery to another suitable or accessible address can be arranged the Customer’s order will be deemed to be cancelled. The Company accepts no liability in this regard.
c)The Company will not be liable, other than refunds, for any delay or non-delivery.
6) If at any time the Customer is not happy with the Products or the Services the Company provides, please write to the Company at the address shown below.
a. Customers must be bona fide members of Budleigh Salterton Croquet Club or Croquet Association Premium Members to qualify for any offered Discounted Course Rates. All other Customers will be charged the full Course Rate.
b. The Customer’s order will not be accepted until the purchase has been paid for in full. The Company’s acceptance of an order does not take place until an order acknowledgement is sent, at which point the purchase contract will be made and the Customer will be charged.
c. The Customer can pay for Products by Visa, Visa Debit, Visa Electron, MasterCard, or Maestro via the PayPal payment system.
d. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of the Customer’s payment card refuses to or does not for any reason authorise payment then the Company will notify the Customer by email and not accept the order.
e. Customers may pay by cheque if they cannot pay by Card or have access to the Website. Cheques should be made payable to Budleigh Salterton Croquet Club not the South West Croquet Academy. Customers will need to register on-line and then send the cheque payment to: The Secretary, South West Croquet Academy c/o Budleigh Salterton Croquet Club, Westfield Terrace, Budleigh Salterton, Devon, EX9 6ST England. Please mark clearly on the back which SWCA course the cheque relates to.
7) Cancellation of order
a. Refunds for Courses are available to the Customer up to fourteen days prior to the course start date. Refunds might still be available after that period if the Customer’s space on the course can be filled. A handling charge of £7.50 will be deducted from all refunds.
b. For all other materials and services purchased, the Customer has seven working days (beginning the day after receipt of the order confirmation being sent) to cancel its purchase. If the Customer wishes to cancel the order the customer must write to the Company at the email or postal address detailed below. The Customer must return any Products the Company has delivered at the Customer’s cost to the Company. Refunds will be credited to the original method of payment within 30 days. If the Customer does not return the Products, the Company may arrange to collect them from the Customer at the Customer’s cost.
c. If the Company has made a mistake with any Product sent or it is faulty or damaged, the Customer must notify the Company and the Company will replace the faulty/damaged Products.
d. All exchanged, additional or replacement Products made available to the Customer under this Agreement shall be deemed to be part of the Product.
8) Limitation of Use
a. The Customer shall keep any course materials in his own physical possession for his own use save with the written consent of the Company. Such consent must be obtained at least seven days before use by a third party.
b. The Customer will not hold himself out as originator of the course materials and shall not interfere nor allow any interference with any identification marks thereon nor attempt to do any of the said acts and shall at all times ensure the course materials remain legibly marked as being the copyright of the Company.
c. The Customer shall not offer for sale, sell, loan, assign, let or charge the Course materials.
PLEASE READ THE FOLLOWING CLAUSES CAREFULLY AND ENSURE YOU UNDERSTAND WHAT THEY MEAN:
9) The Company shall have no liability:
a. for defective Products and/or Services to the extent the defect has been caused or contributed to by the Customer;
b. unless the Customer gives the Company a reasonable opportunity to remedy any matter for which the Company is liable before the Customer incurs any costs and/or expenses in remedying the matter itself.
10) Limitation of Liability to the Customer:
a. The Company shall only be liable to the Customer:
b. for losses that were foreseeable to both parties when the Customer purchased the Products; and
c. for losses that are caused as a result of the Company’s negligence, or a breach of contract or breach of statutory duty by the Company.
d. Nothing in this Agreement shall exclude or limit the liability of the Company for death or personal injury due to its negligence, breach of duty or breach of contract.
e. The Customer agrees to accept full responsibility for all loss or damage caused by the use of the Products or any of them for which the Company is not liable and agrees to compensate the Company fully against all actions, claims, demands, proceedings, costs and expenses or otherwise arising from or attributable to the same.
f. The Customer has certain statutory rights regarding the supply of defective products or services and claims in respect of losses caused by any negligence of the Company or failure by the Company to carry out any of its obligations under this Agreement. Nothing contained in this Agreement shall affect the Customers statutory rights.
g. Each of the limitations and/or exclusions in this Agreement shall be deemed to be repeated and apply as a separate provision for each of:
g.1. liability for breach of contract;
g.2. liability in tort (including negligence); and
g.3. liability for breach of statutory duty and/or common law.
h. Nothing in this Agreement shall exclude or limit the liability of the Company for death or personal injury due to its negligence nor exclude or limit any other type of liability which it is not permitted to exclude or limit as a matter of law.
a. The validity construction and performance of this Agreement shall be governed by English Law and all disputes claims or proceedings between the parties relating thereto shall be subject to the jurisdiction of the English Courts to which the parties agree to submit.
b. This Web Site is operated by the South West Croquet Academy which is owned by Budleigh Salterton Croquet Club Ltd (a company Limited by Guarantee, Registered in Cardiff No. 058 197 91) whose registered office is at: Westfield Terrace, Budleigh Salterton, Devon EX9 6ST England.
c. The email address to write to if you wish to cancel your order in accordance with this Agreement is: firstname.lastname@example.org which is owned by Budleigh Salterton Croquet Club Ltd.
(This policy was last updated in December 2017)