Terms and conditions
www.supporttheroyalparks.org and www.royalparks.org.uk (the “Sites”) are operated by The Royal Parks (registered charity number 1172042, company number 10016100) whose registered address is at The Old Police House, Hyde Park, London W2 2UH (“TRP”). The Sites offer products for sale, the opportunity to book events or support TRP and provides other information about TRP.
Certain words used have the meanings given below:
1.1 ‘Business Customer’ means any legal person who is, for the purposes of their use of the Sites, acting for purposes which are part of his trade, business, craft or profession.
1.2 ‘Consumer’ means any natural person who is, for the purposes of their use of the Sites, acting for purposes which are outside his trade, business, craft or profession.
1.3 ‘Content’ includes, but is not limited to, all text, graphics and images that appear on the Sites, and the design, look and feel of the Sites.
1.4 ‘Date of Dispatch’ has the meaning given to it in clause 3.1.7.
1.5 ‘Event’ means the event you have asked to take part in e.g. Walk in the Park.
1.6 ‘Intellectual Property Rights’ means rights in inventions, patents, registered designs, design rights, know-how, trademarks and service marks (whether registered or not), any trade, brand or business names and any distinctive sounds used to differentiate the goods and services of a business, copyright (including all such rights in computer software and databases), moral rights, any rights or forms of protection of a similar nature to any of the above and having equivalent or similar effects to any of them, and all or any other intellectual or industrial property rights whether or not registered or capable or registration in each case whether subsisting now or in the future in any part of the world and including all applications and rights to apply for any of such rights together with all or any goodwill relating to such rights.
1.7 ‘Our’ means TRP.
1.8 ‘Participant’ means the person(s) booked to take part in the Event.
1.10 ‘TRP’ means The Royal Parks at The Old Police House, Hyde Park, London (registered charity number 1172042, company number 10016100).
1.12 ‘Terms and Conditions’ means the terms and conditions set out below.
1.13 ‘Third Party Content’ means the material on the Sites or accessed through the Sites that is controlled by parties other than TRP.
1.14 ‘Us’ means TRP.
1.15 ‘We’ means TRP.
1.16 ‘You’ and ‘your’ means the person entering into these Terms and Conditions or accessing the Sites as the case may be.
2 Use of the Sites
2.3 The purchase of products or the booking of Events through the Sites, as a Consumer, is only permitted by individuals over the age of 18. If you are a Business Customer, you warrant that you have authority to bind your business.
2.4 On certain parts of the Sites you may be able to interact with other users or with us, through (for example) message boards and via email. You must ensure that any such interaction by you or through your email address will not:
2.4.1 use the bulletin boards or discussion forums for any commercial purpose;
2.4.2 post content or participate in any form of discussion which is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive or which otherwise includes objectionable material;
2.4.3 post content which you do not have the right to use or transmit to the Sites any material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment; or
2.4.4 impersonate any other person or entity whilst using the Sites.
2.5 We will be entitled at our discretion, and shall have no liability for doing so, to remove anything which is transmitted to, from or via the Sites or posted on the Sites which, in our opinion, is objectionable or does not comply with these Terms and Conditions in any way. We may bar your access to the Sites if you breach the provisions of clause 2.4.
3 Online shop
3.1 Order procedure and acceptance (Products and Events)
3.1.1 To purchase a Product or book onto an Event through the Sites you must select the product or Event, the quantity and click “ADD TO BASKET”. Once you have finished shopping, you proceed to the checkout by clicking “Shopping Basket” followed by “CHECKOUT NOW”. You will then be given the option to register an account or proceed on a guest only basis.
3.1.2 All Products/Events are displayed in GBP (£) and are exclusive of VAT, other relevant duties and taxes and shipping costs (if applicable). If we discover a price error, we will notify you and will not process your order until we have your instructions. If we are unable to contact you we will treat the order as cancelled and notify you in writing.
3.1.4 You have the option to amend the order any time during the order process up until the point of submitting the order. Once you have submitted the order, you will not have the opportunity to amend the order.
3.1.5 After submission of the order, TRP will send you an email confirmation (which, for the avoidance of doubt, is not confirmation that your order has been accepted). If you have set-up an account, you will be able to access your orders through your account. If you have submitted your order as a guest, you can contact us at the details set out in the “Further Enquiries” section below.
3.1.6 Products sold through the Sites may be subject to stock limits we do not guarantee that products will always be available or that details of availability listed on the Sites is accurate. We advise you to contact TRP at the time of purchase to check availability of the relevant products. If the selected products are unavailable we will contact you by email within 5 days following the order being submitted. If your payment card has been debited we will issue a full refund within 14 days following our email confirmation.
3.1.7 We will only accept an order and debit your payment card once your products have been dispatched to you, (or in respect of Events, once we have confirmed availability and taken payment). Once your Products have been dispatched we will send you an email confirming dispatch (“Date of Dispatch”).
3.3 Right to cancel
3.3.1 If you are a Consumer, you are entitled to cancel the contract to purchase goods without penalty and without reason at any point between the Date of Dispatch and up to 14 business days from the date of receipt of the products.
3.3.2 In order to exercise the right of cancellation, you are required to notify TRP of your intention to cancel the contract (identifying your order number) by emailing or writing to TRP using the contact details set out in the “Further Enquiries” section. Alternatively, you may complete the model cancellation form set out in these Terms and Conditions and send to the address or email address set out therein.
3.3.3 All products to be returned pursuant to this clause 3.3 must be returned in their original ‘as new’ condition to: Maggie May, The Royal Parks, The Old Police House, Hyde Park, London, W2 2UH in accordance with clause 3.4.5, no later than 14 days after you informed us of your decision to cancel (being the date you sent the email, telephone us or posted the notice letter).
3.3.4 Subject to clause 3.4.2, a full refund will be issued within 14 days from the date of receipt by us of the returned Products (or if you have cancelled the contract prior to receiving the Products, within 14 days after the date you informed Us of your intention to cancel) provided that the products are returned in their original ‘as new’ condition.
3.3.5 We will issue a refund of delivery costs, with the maximum refund being the costs of delivery by the least expensive delivery method we offer (provided such method is common and generally acceptable).
3.4 Returns and refunds
3.4.1 In addition to the right to cancel at clause 3.3, if you change your mind for whatever reason and wish to return products, please return the products to us within 30 days of the Date of Dispatch in their original ‘as new’ condition.
3.4.2 Upon receipt of the products, we reserve the right to reduce the refund to reflect any reduction in value of the products which has been caused by your handling in a way which would not be permitted in a shop.
3.4.3 If at the point of delivery your products are damaged or do not conform with the order, please return the products to us, in the same condition that they were delivered to you and include a summary of the defect. Upon receipt, we reserve the right to refuse a refund (or offer a reduced refund) in the event that we do not consider (acting reasonably) that the products are damaged or non-conforming. If we are satisfied that the products are damaged or non-conforming, we will replace them (subject to availability) or provide a full refund, including delivery costs.
3.4.4 We will notify you in writing of the amount of any refund due under this clause 3.4 within a reasonable time. Refunds will be processed within 5 working days of receipt of the returned products.
3.4.5 To return any products, please email: Maggie May at: firstname.lastname@example.org to arrange for a pick-up of the products either by courier for large items or a pre-paid envelope for smaller items.
3.4.6 Unless the products are faulty or not as described, you will be responsible for the costs of returning the products.
4.1 The booking procedure for Events is set out in clause 3.1 above.
4.2 Only people aged as specified in the information section on the Sites for the relevant Event may register for that Event.
4.3 TRP reserves the right in its absolute discretion and without the need to give reasons to refuse to accept a booking.
4.4 The person booking the Event is responsible for any minors they are booking onto the Event. They are also responsible for making sure all other Participants are aware of these Terms and Conditions.
4.5 No refunds will be provided should a Participant(s) fail to take part in the Event for any reason, save in exceptional circumstances as determined by TRP at their absolute discretion.
4.6 TRP reserves the right to request evidence of a Participant(s) circumstances when a booking has been made under the concessions fee. If it is discovered that any Participant(s) should have been ineligible to participate in the Event under that fee, TRP reserves the right to expect an additional payment to cover the total fee immediately, or to refuse entry to such Participant(s) to the Event. TRP shall not be liable in any way to the Participant as a result of any such refusal.
4.7 The Event will be held on the date and time specified on the Sites. TRP reserves the right to change the time, date and/or venue and format of the Event and to cancel the Event, in whole or in part, without notice or liability to the Participant(s).
4.8 TRP reserves the right to refuse entry to the Participant(s).
4.9 TRP reserves the exclusive right and licence throughout the world (and, the Participant(s) hereby grants TRP such exclusive right and licence) to photograph and/or film Participant(s) at the Event and to the unlimited use of these images in current and future media and promotions.
4.10 For every three children participating in an Event there must be at least one responsible adult, unless specified differently on the Sites. The adult responsible for the children must maintain control of those children to the satisfaction of TRP in order to cause no risk to themselves or other Participants. TRP reserves the right to refuse that Participant entry to the Event if there is not the correct proportion of adults to children or that the children are not in control.
4.11 For certain Events, the Participant must provide additional information and sign and complete a consent form on behalf of a minor, which must be returned within the deadlines set out at the time of booking. This additional information will be requested at the time of booking or on acknowledgement of the booking.
4.12 TRP shall take all reasonable steps to assess the safety and suitability of the Event prior to the Event taking place.
4.13 Events taking place at the The LookOut, Hyde Park and in the wider Royal Parks and are by their very nature not absolutely free from hazard. The Participant(s) acknowledges that participation in certain Events may involve inherent risks and dangers of accidents and personal injury. By booking onto an Event, the Participant(s) confirms that, to the best of their knowledge, they understand and have considered and evaluated the nature, scope and extent of the risks involved, and voluntarily and freely choose to assume these risks (except where any such personal and bodily injury, is caused by the negligence of TRP or any of their employees).
4.14 The Participant acknowledges it is their responsibility to wear appropriate clothing and bring refreshments if they choose to, unless stipulated in content on the Sites or communication with the Participant prior to the Events.
5 Intellectual property
5.1 TRP is, unless otherwise stated, the owner of all Intellectual Property Rights in the Sites and its Contents. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Sites or the Contents in any material form (including photocopying or storing it in any medium by electronic means) except as permitted under applicable law or with the prior written permission of TRP or the owner of the relevant Intellectual Property Rights.
5.2 All brand, product and service names used in the Sites are the trademarks, trade names or service marks of TRP unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or service marks without the prior written permission of TRP or the owner of such trademarks, trade names or service marks.
6.1 To the fullest extent permitted by law, all warranties express or implied in respect of the Sites, the Content and the products or Events offered for sale through the Sites are excluded.
6.2 Nothing in these Terms and Conditions excludes or limits TRP’s liability to you for fraud, death or personal injury caused by TRP’s negligence or any other laws which may not be excluded or limited.
6.2.1 TRP accepts no responsibility for any inadequate graphical representations of the products offered through the Sites.
6.2.2 TRP will not be liable for any failure to perform, or delay in performance of any of TRP’s obligations under these Terms and Conditions due to any event which is outside of its control.
6.2.3 TRP has taken every care in the preparation of the Sites. However, as certain technical matters may be beyond TRP’s control, TRP cannot guarantee that you will have uninterrupted access to the Sites at all times. The Sites and the Content are provided 'as is' without any representation or endorsement made and without warranty of any kind whether express or implied. TRP does not warrant that the Sites or the Content will be uninterrupted or error free, that defects will be corrected, or that the Sites or the servers that make it available are free of viruses or represent the full functionality, accuracy, reliability of the materials.
6.2.4 In no circumstances will TRP be liable for any damage of any kind, including without limitation, direct, indirect, incidental or consequential damage (including loss of profits, loss of data, loss or damage to clothes and possessions, or losses arising from cancelling a booking) which results from:
126.96.36.199 your use or impossibility to use the Sites;
188.8.131.52 your reliance on the information and Content on the Sites;
184.108.40.206 errors, breaks in service, cancellations, degradation or corruption of files or e-mails, software errors, viruses, defects, delays in functioning, theft, destruction or, or unauthorised access to data, programs or services; or
220.127.116.11 your attendance at an Event and/or our use of our facilities.
7 Accuracy of Content
The Sites and Content is provided for your general information only. We advise that, although TRP makes every effort to maintain the accuracy of the Content, the Content may not be accurate and complete and is provided ‘as is’. Therefore you should not plan to do, or refrain from doing, something in reliance upon Content without first checking the accuracy of the relevant Content by some other means. TRP makes no representation or warranty as to its accuracy or completeness of the Sites or Content.
8 Third party content
We may provide links to other websites from time to time. These links are provided for your convenience, we do not endorse or take responsibility for the content of those websites, are not responsible for the availability of the websites and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked websites you do so at your own risk.
9.1 If a Participant has cause for complaint about an Event, the Participant should use all reasonable endeavours to make the complaint to a representative of TRP during the Event so that corrective action can be taken immediately if necessary. Should any problem not be resolved on the day, complaint should be made in writing within 28 days to the address set out in the “Further Enquiries” section below.
9.2 In respect of any other complaint, including in respect of your use of the Sites, a complaint should be made in writing to the address set out in the “Further Enquiries” section below.
If any provision in the Terms and Conditions, whether in full or in part, is held to be invalid or unenforceable, all other remaining provisions (in full or in part) shall continue to be valid and enforceable.
11 Governing law
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
We reserve the right to change these Terms and Conditions, any additional terms and conditions and/or the products, services or Events offered through the Sites, at any time and without notice to you. It is your responsibility to check these Terms and Conditions prior to your use of the Sites. Any such amendment shall be effective once the revised terms have been posted on the Sites. If we revise the Terms and Conditions as they apply to your order, we will contact you to give you reasonable notice and let you know how to cancel if you are unhappy with the changes. If you chose to cancel, you will be obliged to return the products to us in accordance with clause 3.4.
13 Further enquiries
Please direct any further questions to us at email@example.com or call 0300 061 2270.
The Royal Parks
The Old Police House
London W2 2UH
Registered charity No: 1172042
VAT No: 261 4640 19
Last updated: August 2017
MODEL CANCELLATION FORM
To: The Royal Parks (registered charity number 1172042, company number 10016100), The Old Police House, Hyde Park, London W2 2UH, telephone number 0300 061 2270, email address firstname.lastname@example.org
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate