We maintain this website for your use, please feel free to browse this site. This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the Product (Products) listed on our website www.creativityandwellbeing.org.uk (our site) to you. Please read these terms and conditions carefully before ordering any Product from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
- Information about us
www.creativityandwellbeing.org.uk is a site operated by London Arts in Health Forum (we)(us). We are a Registered charity under number 1135543 and registered in England and Wales under company number 06939695.
- Your status
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old
- How the contract is formed between you and us
- After placing an order, you will receive an e-mail from us acknowledging that we have received your order. No offer submitted by you for the purchase of Product shall be accepted until we have confirmed receipt and acceptance of the offer by e-mail. Acceptance is deemed effective upon us sending the e-mail (the Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.
- The Contract will relate only to those Product(s) whose acceptance we have confirmed in the Order Confirmation. We will not be obliged to supply any other Product which may have been part of your order until the dispatch of such Product has been confirmed in a separate Order Confirmation.
- Consumer rights
- You may cancel a Contract at any time within a seven working day “cooling-off” period, beginning on the day after you received the Product. In this case, you will receive a full refund of the price paid for the Product in accordance with our refunds policy (set out in clause 7 below).
- To cancel a Contract, you must inform us in writing. You must also return the Product to us immediately, in the same condition in which you received it, and at your own cost and risk. You have a legal obligation to take reasonable care of the Product while it is in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
- Details of this statutory right, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your statutory rights.
- Price and payment
- The price of the Product shall be our quoted price (except in case of obvious error)
- Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
- The price of the Product is inclusive of VAT unless you are a non-EU customer when VAT shall be deducted.
- We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
- All charges must be paid prior to delivery. Legal ownership in the Goods remains with us until full payment has been received by us.
- Availability and delivery
Your order will usually be dispatched within 2 working days of the date of the Order Confirmation and delivered within 2 working days of the dispatch date (for UK delivery) unless there are exceptional circumstances.
- Our returns and refunds policy
If you are unhappy with any Product you have purchased from us and notwithstanding the provisions of Clause 4:
- Simply return it to us in its original condition with your Order Reference Number within 28 days of dispatch and we will issue a refund for the price of the item. This does not affect your statutory rights.
- Please email us at firstname.lastname@example.org to let us know the reason for the return and will we supply a returns address. We recommend that you obtain proof of posting.
- When you return a Product to us:
(a) If you have cancelled the Contract between us within the seven-day cooling-off period (see clause 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the original cost of sending the item to you.
(b) If you have returned the Product to us after the end of the seven day cooling off period (see clause 4.1 above) and before the expiry of 28 days following the date of dispatch, we will process the refund due to you as soon as possible. The refund will be for the price of the Product. In this instance, only if we have dispatched a faulty or incorrect item to you, will your refund include the price of the Product and the original delivery charge incurred in sending it to you.
- We will usually refund any money received from you using the same method as you originally used to pay for your purchase.
- Import duty
- If you order Product from our site for delivery outside the UK, it may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
- Please also note that you must comply with all applicable laws and regulations of the country for which the Product are destined. We will not be liable for any breach by you of any such laws.
- Our liability
- We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which Product of the kind are commonly supplied.
- Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement.
- This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- We are not responsible for indirect losses which happen as a side effect of the main loss or damage including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this clause 9.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 9.1 or clause 9.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 9.4. Any exclusions of liability in these terms do not affect your statutory rights
- Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to London Arts in Health Forum. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
- Transfer of Rights and Obligations
- The contract between you and us is binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Entire Agreement
- These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
- We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
- Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
- Nothing in this clause shall limit or exclude any liability for fraud.
- Our right to vary these terms and conditions
- We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
- You will be subject to the policies and terms and conditions in force at the time that you order Product from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Product).
The legal ownership and any copyright or other intellectual property rights in this site and its design, text, graphics, software and all other material on the site shall belong to us at all times, unless otherwise stated. You may only download material or view and/or print a single hard copy for private or non-commercial use and no part of this site or its material shall otherwise be reproduced, transmitted or made available on a network without prior written permission by us.
All trade marks, logos, and service marks displayed on this site including London Arts in Health Forum, are either registered or unregistered trade marks of London Arts in Health Forum. These may not be used without the prior written permission of us. We will enforce its intellectual property rights, without hesitation, to the fullest extent of the law. All other trademarks not owned by us that appear on the Creativity and Wellbeing Week Festival website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by London Arts in Health Forum.
- Accuracy of information
While every effort is made to ensure that information is contained on this site is correct, we make no warranty express or implied as to the nature or accuracy of any such material to the extent permitted by applicable law.
You may activate links in this site leading to websites which are not under the control of us and therefore any responsibility or liability for the material on the linked site is excluded by us.
Any framing of or linking to this site is prohibited without the proper written permission of us.
We may from time to time monitor or review bulletin boards, transmissions, postings, discussions and the like on this site. we assume no responsibility or liability in that respect and you are prohibited from utilising material that would give rise to an offence or liability for us
- Third party
For the avoidance of doubt nothing in these terms shall confer on any third party any benefit or the right to enforce any term
- Law and jurisdiction
Contracts for the purchase of Product through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.