Terms and Conditions of Sale
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products.
1.2 Why you should read them. Please read these terms carefully before you submit your order. These terms tell you who we are, how we will provide a product to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2.INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are THE PITUITARY FOUNDATION, a company limited by guarantee registered in England and Wales with company number 3253584 at registered office Brunswick Court, Brunswick Square, Bristol,BS2 8PE.
2.2 How to contact us. You can contact us by telephoning us on 0117 370 1333 or by writing to us at [email protected] or at Brunswick Court, Brunswick Square, Bristol, BS2 8PE.
2.3 How we may contact you. If we have to contact you about your order we will do so by telephone or by writing to you at any email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when it is accepted via our website and we receive your payment, at which point a contract will come into existence between us.
3.2 You should check the details in your order. It is your responsibility to check that your name, address and delivery address (if different) are correct before submitting your order.
3.3 If we cannot fulfil your order. If we are unable to fulfil your order, we will inform you of this and will not charge you or will refund any payment made. This might be because the product you have ordered is out of stock, because of unexpected limits on our time or other resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, or because we are unable to meet a deadline you have specified.
4. OUR PRODUCTS
4.1 Products may vary slightly from the images on our website. The images of products on our website are for guidance purpose only. Although we have made every effort to ensure the products are accurately represented, there may be minor variations. Your product may vary from those images.
4.2 We rely on manufacturer descriptions of products. On our website we give a description of our products which is provided by the manufacturer of the products. We have no responsibility for errors in a product description provided by the manufacturer.
5. YOUR RIGHT TO MAKE CHANGES TO YOUR ORDER
If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the order, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to cancel your order (seeClause 7, Your right to cancel your order).
6. DELIVERY OF THE PRODUCT
6.1 When we will deliver the product. After you have paid for the product (see Clause 10, Price and payment)and it is available for dispatch, we will pass it to a commercial carrier (such as Royal Mail) within 5-10 working days of the order for delivery to the address you gave us.
6.2 We are not responsible for delays outside our control. If delivery of the product is delayed by an event outside our control, then we will contact you as soon as possible to let you know, and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. If there is a risk of substantial delay you may contact us to end the contract and receive a refund for a product you have paid for but not received.
6.3 When you become responsible for the product. A product will be your responsibility from the time we pass it to a commercial carrier for delivery to you.
6.4 When you own the product. You own the product once we have received payment in full.
6.5 Your responsibility to acknowledge safe receipt of the product. Where we send the product by a carrier service that requires a signature upon delivery (such as the Royal Mail ‘Signed For’ service), you must sign the carrier’s delivery receipt confirming safe delivery of the product. By doing so you will be confirming that you have received the correct number of packages (if the product is delivered in more than one package); that you have checked the external condition of all packages; and that the packages received are consistent with the details on the delivery receipt.
6.6 Incomplete or damaged delivery. If the delivery is incomplete of damaged, you should give a detailed description of the problems on the carrier’s receipt or waybill, and reject the delivery so that the carrier returns it to us. You must also contact us by calling 0117 370 1333 or by writing to us at [email protected], with your name, address, details of the order and, where available, your phonenumber and email address. 2
7. YOUR RIGHT TO CANCEL YOUR ORDER
7.1 You can always cancel your order. Your rights when you cancel your order will depend on what you have ordered and whether there is anything wrong with it, and when you decide to cancel the order: (a)If the product is faulty or misdescribed you may have a legal right to cancel your order (or to get the product repaired or replaced or get some or all of your money back); see Clause 9;(b)If you want to cancel your order because of something we have done or have told you we are going to do; see Clause 7.2; and(c)If you have just changed your mind about the product; see Clause 7.3.
7.2 Cancelling your order because of something we have done or are going to do. If you are cancelling your order for a reason set out at (a) to (d) below, we will refund you in full for any product which has not been supplied. The reasons are: (a)We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;(b) There is a risk that supply of the product may be significantly delayed because of events outside our control; (c) We have suspended supply of the product for technical reasons, or notify you we are going to do so, for a period of more than 3 months; or(d) You have a legal right to cancel your order because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you are ordering asa consumer (rather than a business), for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 How long do you have to change your mind? You have 14 days after your order to change your mind. Forexample, if you submit your order on the 3rd of the month, you can change your mind up to and including the 17th of the month.
8. HOW TO CANCEL YOUR ORDER (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1 Tell us you want to cancel your order. To cancel your order, please let us know by calling 0117 370 1333or by writing to us at [email protected]. Please provide your name, address, details of the orderand, where available, your phone number and email address.
8.2 Returning a product after cancelling your order. If you cancel your order for any reason after the product has been dispatched to you or you have received it, you must return it to us. You must deliver it back to us at The Pituitary Foundation, Brunswick Court, Brunswick Square, Bristol, BS2 8PE. If you are exercising your right to change your mind you must send the product within 14 days of telling us you wish to cancel your order. A product you return will remain your responsibility until we receive it, and we strongly advise that you use a tracked and insured postal service when returning it, including proof of postage.
8.3 When we will pay the costs of return. We will pay the costs of return:(a)If the product is faulty or misdescribed; or(b)If you are cancelling the order because of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4 How we will refund you. We will refund you the price you paid for the product, by the method you used for payment. However, we may make deductions from the price, for our delivery and order preparation costs.
8.5 When your refund will be made. We will make any refunds due to you as soon as possible, usually within 14 days from the day on which we receive the product back from you.
9. MEMBERSHIP
9.1 Membership duration. All memberships excluding Life Memberships last for 365 days from the day ofpurchase. A life Membership lasts for the duration of the named member’s life.
9.2 Membership Termination. All memberships excluding Life Memberships will terminate after 365 days, unless the purchaser selects an auto-renewing payment via the website. If you have an auto-renewing membership you must write to us at [email protected] to cancel your membership at least 30 days in advance of the end date. In either case we will write to you at least a month before the end date of your membership to invite you to renew.
9.3 Membership cancellation. A membership is not refundable after 14 days from purchase.
9.4 Membership Exchange. A membership is not transferrable to another individual.
9.5 Membership Benefits. The benefits of membership are detailed on the membership page. These maychange for time to time.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contactus. You can telephone us on 0117 370 1333 or by writing to us at [email protected].
10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with these terms.
11. PRICE AND PAYMENT
11.1 Where to find the price for the product. The price of the product will be the price indicated on the website order pages when you placed your order.
11.2 When you must pay and how you must pay. We accept payment by credit card, debit card and cheque. You must pay for the product in full before we supply it.
11.3 Value Added Tax (VAT). The price of the product on the website includes any VAT payable (unless otherwise stated).11.4Delivery costs. The price of the product on the website includes delivery costs (unless otherwise stated).
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence (or the negligence of our agents or subcontractors); for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the product including the right to receive a product which is as described and matches information we provided to you and of satisfactory quality.
12.3 We are not liable for business and misuse losses. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, which arise out of this contract, or for any loss suffered due to misuse of the product.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. We will only use your personal information as set out in our Privacy Policy (https://www.pituitary.org.uk/privacy-notice/).
14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the product, we can still require you to make the payment at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the law of England and Wales and you can bring legal proceedings in respect of the products in the English and Welsh courts. These terms were reviewed in March 2023