Terms & Conditions
Terms & Conditions
Introduction
The Right To Dance is War Child’s new fundraising movement in collaboration with the underground music community. Through a monthly membership, The Right To Dance offers exclusive events and music access, merch collaborations and partner offers to raise money for War Child's work in supporting children affected by war.
Welcome to shop.warchild.org.uk - The Merchandise shop associated with TRTD.
The terms and conditions below apply to the use of this Website and all orders for the purchase of goods from the TRTD Shop.
By accessing this Website and/or placing an order for Products or an experience you agree to be bound by these Conditions and by the terms of our Privacy Policy (which can be found here).
If you do not agree to them, you may not use or access this Website and should leave immediately. You will be asked to tick a box to show that you accept the Conditions and our Privacy Policy before you place an order.
If you have any questions relating to these Conditions, please email us at trtd@warchild.org.uk
These Conditions do not affect your statutory rights.
Terms and Conditions: The War Child UK (The Right To Dance) TRTD Shop
Definitions
"Conditions” means these terms and conditions;
“Consumer Contracts Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
“Product(s)” means the product(s) displayed for sale on the Website;
“Personal details” means the details provided by you on registration;
“We/us” means War Child UK, a registered charity in England and Wales (number 1071659) and War Child Trading Limited (Company number 05100189). Both are headquartered at Studio 320, Highgate Studios, 53 – 79 Highgate Road, London, NW5 1TL. War Child Trading Limited is a wholly owned subsidiary of War Child UK and trades only to raise funds for its parent charity's charitable objectives.
“You” means a user of this Website;
“Website” means the website located at ww.warchild.org.uk/wintershop or any subsequent URL which may replace it; and
“UK” means England, Wales, Scotland and Northern Ireland.
Online shopping
Our rights
We may change this Website and correct or update information (including Product information) on it at any time without notice. In relation to the company details provided for War Child UK and War Child Trading Ltd and any description of Products from our Website (except where those descriptions have been provided to us by a third party), we do not guarantee and are not responsible for the accuracy of any information provided on the Website. We do not represent or warrant that the material contained in the Website, any of the functions of the Website and the server will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. Accessing the Website is entirely at your own risk. You must not transmit through or to our Website any defamatory, threatening, obscene, distressing, harmful or pornographic material or material which may infringe upon the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy) or which does not comply with all relevant laws. We reserve the right to:
Modify or withdraw, temporarily or permanently, this Website (or any part of it) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or Change the Conditions from time to time, and your continued use of the Website (or any part of it) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Product Presentation
We have taken great care in presenting the Products on our Website as accurately as possible. However, the images you see will depend on your monitor’s display and colour capabilities. Therefore, we are unable to guarantee that the Product images you see are an accurate representation of the actual Product. By submitting an order to us through our Website, you represent and warrant that the payment details provided on your order are valid and correct, and that when your order is accepted and processed by us, payment will be made in full. If the billing details for your order are the same as your delivery address details, by placing an order on the Website, you confirm that you are the person referred to in the delivery address details. Otherwise, by placing an order, you confirm that you are the person referred to in the billing details. You agree not to impersonate any other person or entity or to use a false name or a name, which you are not authorised to use.
Purchase of Products
Orders, contract creation and electronic contracting
The technical steps required to create the contract between you and us are as follows: You place the order on the Website for the Product(s) 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 Product(s).
If you are buying Product(s) from us, we will summarise your order before you proceed to the checkout. If it is not correct, you can revisit your order and correct the mistake before confirming and submitting your order to us.
It is your responsibility to ensure that your order is correct before submitting it to us.
We will send to you a timed and dated acknowledgement email detailing the Product(s) you have ordered.
Please note this is not an order confirmation or order acceptance from us.
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 Product(s) and we have received payment in full from you. At this point a contract will be formed between you and us and we will be under a legal obligation to supply the Product(s) to you in conformity with the contract.
Non-acceptance of an order
Non-acceptance of an order may be as a result of one or more of the following:
The Product(s) you ordered being either no longer available or not expected in stock for over 30 days. 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 these Conditions
If an order is not accepted, you will be notified by email. If the Product you have chosen is not available or not expected to be in stock for over 30 days, we will not substitute it with another Product, but we recommend instead that you choose an alternative or try again in a few weeks.
Prices, payment methods and delivery charges
All prices on this Website are in pounds sterling (£) and may change at any time. All prices are shown inclusive of VAT at the current rate. 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.
We accept payment by Visa, Mastercard, American Express and debit/credit cards. We cannot accept payment by cheque for orders made online.
Unless stated, the price of the Products does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
Legal ownership and passing of risk
Please note that we take payment for the Product(s) you have ordered when they are ordered. The legal ownership of the Product(s) will pass to you at the time that the Products(s) are received by you or a person designated by you as the recipient.
Other
The contract will be concluded in English. The details of your specific contract will not be filed by us. If you require any information regarding an order you have placed with us, please email trtd@warchild.org.uk.
Delivery
Please refer to product descriptions for delivery details.
We will endeavour to dispatch the Product(s) within the time specified on the Website. If you order more than one Product, they may be delivered at different times. Please allow up to 30 working days excluding bank or public holidays in England and Wales from the dispatch date for the Product to reach you.
Your Product may be dispatched from a third party.
Occasionally our delivery to you may be affected by an Event Outside Our Control. See section below (Events Outside Our Control) for our responsibilities when this happens. If we fail to deliver the Products, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Products. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of Products.
Event 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 the contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control). If an Event Outside Our Control takes place that affects the performance of our obligations under the contract (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under the contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
Contract Cancellation under the Consumer Contracts Regulations
If you wish to exercise your right to cancel this contract under the Consumer Contracts Regulations after your order has already been dispatched, we will refund the original purchase price, provided that (a) you have notified us by email within 14 working days after the day on which you or a person designated by you as the recipient receive(s) the Product(s); and (b) and you have taken reasonable care of the Product(s) and not used them. Please follow the procedure set out in our Returns procedure below.
Returns procedure
We hope you will be pleased with your purchase. Should you wish to return a Product to us, please contact trtd@warchild.org.uk and we will process the return or put you in contact with the relevant third party. The returns procedure will differ depending on which Product has been purchased.
We will be happy to refund the price of or exchange a Product provided it is in fully resellable condition with any labels/tags still intact and as far as possible, in its original packaging. If we find that the Product has not been returned to us in a fully resellable condition, we reserve the right to refuse a refund or exchange on the Product. Please note that we are unable to refund or exchange Products which were specially adapted to your requirements unless they are faulty, damaged or do not meet the description we made.
All Products returned must be unused, unworn or unwashed in any way and have all the original packaging and labels attached. Any items that fail to meet these criteria will not be accepted.
If the Product is simply unwanted, you will bear the cost of returning the Product to us and we will not refund your original delivery charge, unless you have exercised your right to cancel the contract under the Consumer Contracts Regulations.
We will not refund any amount beyond the costs of the least expensive, standard delivery we offer. Refunds will be made within 14 days of your Product being received by us. Your statutory rights are unaffected.
Personal Information
If you purchase something from our shop , we will use the contact details you provide to confirm your payment and to fulfil your order. We may also retain information about the items you have purchased for our records and to analyse the performance of our fundraising activities.
Your data may be shared with a fulfilment company if we are using one to fulfil purchases. We will never sell or share your information for a third party’s marketing purposes.
Direct Marketing
We may also use your contact details to tell you about our work, how you can support us, and activities and events you might be interested in. What we send you and the channel we use will depend on how you have engaged with us in the past, and your communication preferences. Every time we communicate with you in this way, we will tell you how you can stop receiving marketing, or change how you hear from us, for example by providing you with a link in an email to unsubscribe, or by asking you on the phone.
We will only send you emails and texts promoting our cause or activities where you have given consent for this.
More information about how we use and look after your data can be found in our <Privacy Policy>
Security
Intellectual property rights
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall belong and remain at all times to us or our licensors and use is not allowed without express authorisation from us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase of a Product) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content, or in any way help any third party to do so.
The contents of this Website are the property of War Child UK and War Child Trading Ltd and are protected by intellectual property laws. These contents include but are not limited to the Website design, graphics, text, visual clips, audio clips, logos and button icons, including the selection and arrangement of them.
ALL RIGHTS RESERVED.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website. We only supply the Products for internal use by your business, and you agree not to use the Products for any resale purposes.
Limitation of Liability
While we use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights under the Consumer Contracts Regulations. In no circumstances will we nor any of our agents, affiliates, directors, trustees, employees or other representatives will be liable, in contract or tort (including, without limitation, negligence) or for pre-contract or other representations or otherwise out of or in connection with the Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect or consequential losses suffered or incurred by you arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for (a) death or personal injury resulting from our negligence or that of our agents or employees; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded by law.
Subject to the above, our total liability to you for all losses arising under or in connection with the contract, whether in contract, tort including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the price of the Products you have ordered.
Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, trustees, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing this Website using your Personal details.
General
Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Waiver
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
Survival
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Entire agreement
These Conditions (and documents incorporated herein) govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties to avoid any doubt surrounding the obligations of each party. By accepting these Conditions you agree that you have not relied on any representation except where expressly made by a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by the Conditions.
Third Party Rights
A person who is not a party to these Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 (Act) to enforce any term of these Conditions, but this shall not affect any right or remedy of a third party which exists or is available apart from the Act.
Assignment
We may assign or transfer our rights and obligations under the contract to another entity. For the avoidance of doubt, you may only assign or transfer your rights or your obligations under the contract to another person if we agree in writing.
Jurisdiction and governing law
The Website is controlled and operated in the UK. The Conditions and all matters connected with any order you place in our Website shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
Disputes
If you have any complaints about this Website or any of the Products we provide, you should contact us via the email above and we will try and resolve it as soon as possible. However, if we have a dispute regarding your use of the Website or these terms and conditions, the courts will use English law to determine that dispute. If you wish to take legal action against us, as we are a UK company you should do so in the English courts only.