Terms and conditions

Terms and conditions of sale

1.      Introduction

1.1    These terms and conditions shall govern the sale and purchase of products through our website.

1.2    You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

1.3    This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

2.      Interpretation

2.1    In these terms and conditions:

(a)    "we" means the Midhurst Society; and

(b)    "you" means our customer or prospective customer,

        and "us", "our" and "your" should be construed accordingly.

3.      Order process

3.1    The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

3.2    No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section.

3.3    To enter into a contract to purchase products from us through our website, you should take the following steps:

        3.3.1    Add the products you wish to purchase to your shopping cart, and once you have finished shopping, proceed to the checkout

        3.3.2    If you are a new customer, you may choose to create an account with us.  This is not mandatory but will speed up your checkout in future visits.

        3.3.3    If you are an existing customer and have previously created an account, you may enter your login details

        3.3.4    At the checkout you must select your preferred method of delivery, confirm your order and provide your consent to the terms of sale.  You will then be transferred to our payment service provider's website, and our payment service provider will handle your payment.  We will acknowledge your order and once we have checked whether we are able to fulfill your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email if we are unable to meet your order.

4.      Products

4.1    The products available through our website will include books, magazines and periodicals which have been produced by the Midhurst Society or by local authors or local history groups that the Midhurst Society believe are relevant to the history and heritage of Midhurst and its surrounding villages.

4.2    From time to time other items or merchandise may be available through our website, for example, our limited edition pens

4.2    We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product.

5.      Prices

5.1    Our prices are quoted on our website.

5.2    We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

5.3    All amounts stated in these terms and conditions or on our website are inclusive of VAT or zero rated for VAT

5.4    It is possible that prices on the website may be incorrectly quoted.  We will verify prices as part of our sale procedures and the the correct price will be notified to you before the contract comes into force.

5.5    In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you when you check out which will be before the contract of sale comes into force.

6.      Payments

6.1    You must, during the checkout process, pay the prices of the products you order.

6.2    Payments may be made by any of the permitted methods specified on our website.

6.3    If you fail to pay us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we will withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

6.4    If you make an unjustified credit card, debit card or other charge-back after goods purchased have been dispatched to you, then you will be liable to pay us, within seven days following the date of our written request:

(a)    an amount equal to the amount of the charge-back;

(b)    any third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c)    an administration fee of £25.00 (including VAT); and

(d)    all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),

        and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section, Section 6.4.

7.      Deliveries

7.1    Our policies and procedures relating to the delivery of products are set out in this Section, Section 7, and in our delivery policy document.

7.2    We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

7.3    We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation, however, we do not guarantee delivery by this date.

7.4    We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within thirty days following the later of receipt of payment and the date of the order confirmation.

7.5    We will deliver products to addresses on the UK mainland and to other countries and regions

8.      Distance contracts: cancellation right

8.1    This Section, Section 8, applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside a trade, business, craft or profession.

8.2    You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time before the order has been processed.  This option will no longer be available once the order has been processed.

8.3    In order to withdraw an offer to contract or cancel a contract on the basis described in this Section, Section 8, you must inform us of your decision to withdraw or cancel (as the case may be) by e-mailing chair@midhurstsociety.org.uk.

9.      Warranties and representations

9.1    You warrant and represent to us that:

(a)    you are legally capable of entering into binding contracts;

(b)    you have full authority, power and capacity to agree to these terms and conditions;

(c)    all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

(d)    you will be able to take delivery of the products in accordance with these terms and conditions

9.2    We warrant you that:

(a)    we have the right to sell the products that you buy;

(b)    the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

(c)    you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;

(d)    the products you buy will correspond to any description published on our website; and

(e)    the products you buy will be of satisfactory quality.

9.3    All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.

10.    Limitations and exclusions of liability

10.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law,

        and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

10.2  The limitations and exclusions of liability set out in this Section, Section 10, and elsewhere in these terms and conditions:

(a)    are subject to Section 10.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

10.3  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

10.4  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

10.5  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

10.6  Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.

11.    Order cancellation

11.1  We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

(a)    you fail to pay, on time and in full, any amount due to us under that contract; or

(b)    you commit any material breach of that contract.

11.2  You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.

11.3  We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

12.    Consequences of order cancellation

12.1  If a contract under these terms and conditions is cancelled in accordance with Section 11:

(a)    we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b)    you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c)    all the other provisions of these terms and conditions will cease to have effect, except that [Sections 1.3, 6.4, 10, 15, 16, 17, 18, 19 and 20] will survive termination and continue in effect indefinitely.

13.    Scope

13.1  These terms and conditions shall not constitute or affect any assignment or licence of any intellectual property rights.

13.2  These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.

13.3  These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

14.    Variation

14.1  We may revise these terms and conditions from time to time by publishing a new version on our website.

14.2  A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision but will not affect contracts made before the time of the revision.

15.    Assignment

15.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

15.2  You may not, without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16.    No waivers

16.1  No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

16.2  No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

17.    Severability

17.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

17.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18.    Third party rights

18.1  A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

18.2  The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

19.    Entire agreement

19.1  Subject to Section 10.1, these terms and conditions (together with our delivery policy and our returns policy), shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

20.    Law and jurisdiction

20.1  These terms and conditions shall be governed by and construed in accordance with English law.

20.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

21.    Statutory and regulatory disclosures

21.1  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

21.2  These terms and conditions are available in the English language only.

21.3  The Midhurst Society is not registered for VAT number.

21.4  In the event that an independent dispute resolution entity is required, any dispute should be directed to the Information Commission Office, and its website address is https://ico.org.uk/

22.    Our details

22.1  This website is owned and operated by the Midhurst Society.

22.2  We are registered in England and Wales as a registered charity and our charity registration number is 268565

22.4  You can contact us:

(a)    using our website contact form;

(b)    by email, using the email address published on our website from time to time.

(c)    by post by addressing your envelope to The Midhurst Society, c/o 2 Mill Lane Cottages, Mill Lane, Stedham, MIDHURST, West Sussex, GU29 0PR

Welcome to the official website of the Midhurst Society

In using this website, you agree to the following terms and conditions of use (including the Privacy Policy). If you do not accept any of them, you should exit this Website now.

The Website is operated by the Midhurst Society registered charity number 268565. If you purchase products through this Website, separate terms and conditions will apply and you should read these terms and conditions carefully.

1.The Website

Access to the Website is permitted on a temporary basis, and the Midhurst Society reserves the right to withdraw or amend the service provided on the Website without notice. The Midhurst Society will not be liable if for any reason the Website is unavailable at any time or for any period.

The Midhurst Society aims to update the Website regularly and may change the content at any time. If the need arises, the Midhurst Society may suspend access to the Website, or close it indefinitely.

2.Viruses, hacking and other offences

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. 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. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. The Midhurst Society will report any such breach to the relevant law enforcement authorities and will co-operate 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.

The Midhurst Society 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 material posted on it, or on any website linked to it.

3. Links to the Website

You may link to the Website’s home page, provided you do so in a way that is fair and legal and does not damage or take advantage of the reputation of the Midhurst Society, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of the Midhurst Society where none exists.

You must not establish a link to the Website from any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. the Midhurst Society reserves the right to withdraw linking permission without notice. The website from which you are linking must not contain any content that in the Midhurst Society’s opinion could damage the reputation of the Midhurst Society.

4. Links from the Website

This Website contains links to other websites and resources provided by third parties. The Midhurst Society has no control over the content of these sites and accept no responsibility for them nor for any loss or damage that may arise from your use of them.

5. Acceptable Use Policy

If you contribute materials to the Website these materials must not contain anything which is: offensive, hateful, defamatory of any person, obscene, inflammatory, sexually explicit, violent, discriminatory on grounds of race, sex, religion, nationality, disability, sexual orientation, or age, which infringes the intellectual property rights of any other person, is contributed or sent for commercial gain or which is otherwise illegal or in breach of any person’s rights.

The Midhurst Society accept no liability in respect of any material submitted by users and published on the Website. The Midhurst Society reserve the right, in their sole discretion, to remove any materials that you contribute to the Website at any time and without notice to you.

6. Liability

Although the Midhurst Society uses reasonable endeavours to ensure that information and material contained on the website is correct, it does not make any representation or warranty that the information and/or material contained on or accessible via this website is accurate, complete or current or that use of this website is free of risk, viruses or other damage.

To the extent permitted by law, the Midhurst Society excludes any liability for direct, indirect or consequential loss or damage incurred by any user of the website in connection with the use, inability to use, or results of use of the website, any website linked to it or any materials posted on it, including, without limitation, any liability for:

(i) loss of income or revenue

(ii) loss of profits

(iii) loss of business

(iv) loss of anticipated savings

(v) loss of or corruption of data, and

any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence_, breach of contact or otherwise, even if foreseeable.

This does not affect the liability of the Midhurst Society for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded by law.

7. Intellectual Property Rights

All intellectual property rights in the Website and the materials published on it including, without limitation, the design, text, graphics, trademarks, logos, audio and/or video content, the selection and arrangement thereof and software, are owned by the Midhurst Society and/or their licensors and commercial partners and are protected by copyright, design right, database right, trademark rights and other intellectual property rights. All such rights are reserved.

Permission is granted to view the materials contained on this Website to a single personal computer and to print a single hard copy of such materials solely for personal, non-commercial use. Any other use of materials on this Website, including reproduction, modification, distribution or republication, without the prior written permission of the Midhurst Society, is strictly prohibited.

8. Information about You

We process information about you in accordance with our Privacy Policy. To learn more about what information we collect, the measures we put in place to protect this information and how we use it we advise you to read the Privacy Policy.

9. Applicable Law

These Terms of Use shall be governed by, and construed exclusively in accordance with, English law. Any dispute arising under these Terms of Use shall be subject to the exclusive jurisdiction of the English courts and, by using this Website, you hereby submit to and waive any objections to the jurisdiction of such courts.

Thank you for visiting the Website. Contact address The Midhurst Society c/o @ Mill Lane Cottages, Mill Lane, Stedham, Midhurst , West Sussex GU29 0PR