Terms & conditions

ERIC – Website Legal Terms and Conditions

 

Key Points

(This is just a summary, and doesn’t replace or amend the more detailed terms which apply, and which you should read in full.)

  • By using our website, you’re making a contract with us.
  • We will handle information about you (called “personal data” in legal language) in accordance with the law and our Privacy Notice – please see here for more details.
  • We will not always have to sell things to you at the price shown on our website, if there has been a mistake. The same applies for our events.
  • We limit our liability to you in certain ways. Please also see here (in respect of events) and here (in respect of our information and resources).
  • If you’re buying a product from us, you have certain rights to return or cancel your orders of products bought on the website – set out here.
  • Your rights to cancel events bookings are slightly different and are set out here.
  • You can use the information and resources on our website in certain ways, but there are some important restrictions. In particular, you can’t republish or use our materials to make money without our consent. Please see here for more details.
  • If you provide us with bits of information and other materials via our website, you’re giving us rights to use them and you have certain responsibilities, for example making sure what you provide is lawful and accurate. Please see here for more details.

General Terms

  1. The terms in this “General Terms” section apply to any use you make of our website & e-commerce site.  If there is anything in the “Specific Terms” section below which conflicts with these General Terms, the relevant bit of the Specific Terms will apply instead.

How These Terms Work

2. ERIC, The Children’s Bowel & Bladder Charity (referred to in these terms as just “ERIC”) is registered with the UK Charity Commission with the registration number 1002424, and with Companies House under company number 2580579 with the registered address of 36 Old School House, Britannia Road, Kingswood, Bristol BS15 8DB and VAT number 567 7948 68.  The words “we”, “us”, “our” and similar words in these terms also refer to ERIC.

3. These terms form part of a legally-binding contract between you and ERIC, so it’s important you read them. We understand they’re long, but we’ve done our best to make them as plain-English as possible.

4. If you’re under 18 years old, you’re welcome to browse our websites, but you mustn’t ever use it to pay for anything, and you mustn’t book onto an event or give us permission to use your information without your parent’s or guardian’s permission.  If your parent or guardian gives you that permission, they’re accepting these terms for you, so you must show them these terms (especially this bit and the important wording here).

5. These terms automatically apply when you use our website (eric.org.uk) and shop site (shop.eric.org.uk), including to access information, buy something, book onto an event, or tell us your story.  By using these websites, you are (or an adult acting on your behalf is) agreeing to these terms.  Because we can change these terms from time to time, we do recommend that you print off a copy and keep them safe.

6. These terms don’t apply when you buy something from one of the other companies whose websites ours links to – you will know that has happened because the web address will no longer show “eric.org.uk”.  In those cases, that company’s terms apply instead and your contract is with them, not ERIC.

7. Sometimes these terms will apply alongside (and not instead of) someone else’s terms.  For example:

    • If you book onto an event with us then these terms will apply, but you may also need to accept some extra terms offered by the event and ticketing management service we use.
    • If you make a donation to us then you might agree to let us use your information, in which case these terms will apply (alongside our Privacy Notice – please see below for more about that), but you may also need to accept some extra terms offered by the company which processes your payment.

In these cases, we’re not responsible for (and we don’t have any rights under, or any ability to change) your agreements with others.

8. These terms apply alongside our Privacy Notice – please see here for more details.

9. Some of these terms apply however you’re using our website; others only apply to certain things (for example, when you’re buying something, or when you’re booking onto an event). The terms below say when they apply.

10. We want and expect you to be happy with anything you buy from us or any of our events you participate in. If you have any complaints about any ERIC events or products, please contact us and give us the chance to investigate and, if relevant, try to put things right for you.

Interpretation

11. In these terms, certain words and phrases have specific meanings:

ERIC materials means all the information and other resources (including videos and images) made available on our website.
event means any online or in-person course or other event organised or promoted by us and offered on our website.
event confirmation email has the meaning given in clause 51.b).
minor has the meaning given in clause 17.
order confirmation email has the meaning given in clause 29.b).
product means any physical item you buy directly from us on our website.
website means all pages at the domain www.eric.org.uk.
we, us, our or related words refer to ERIC.
you, your or related words refer to the person using our website (and, where relevant, the parent or guardian who has given permission for anyone under 18 years old to use our website), or the person contracting with ERIC.
your content means any information of any type (including text, images, video footage and audio files) which you provide to us via our website or in another way.

 

12. Any words following “including”, “includes”, “for example”, “in particular” or any similar expression are just for illustration and don’t change the sense of the wider clause they are used in.

Exclusion and Limitation of Liability

13. There are certain liabilities which we cannot exclude by law.  Nothing in our contract with you excludes or limits our liability for the following things:

a) death or personal injury caused by our negligence;

b) fraud or fraudulent misrepresentation; or

c) any other thing for which we’re not legally allowed to limit (or try to limit) our liability or obligations to you.

14. You may have certain rights as a consumer, including legal rights relating to products that are faulty or not as described.  Our terms already reflect those legal rights and nothing in our contract with you will reduce them. For further information about your legal rights, please contact your local authority Trading Standards Department or Citizens Advice.

15. We’re not responsible or liable under this contract or under the wider law (including things like negligence) for:

a) any losses related to any business of yours, including loss of data, profits, revenue, business, opportunity, goodwill or reputation, or business interruption;

b) any losses which were not something we could have reasonably expected (as consequences of us doing anything wrong under our contract with you) when entering into that contract;

c) any losses of any type which arise from your use or access of anything we provide or make available to you free of charge; or

d) any loss of any type arising from any loss or corruption of any data, database or software (except where the law says we cannot limit our liability for that loss, in which case this clause d) won’t apply).

There are also other limitations of our liability in respect of events and the ERIC materials, set out in the relevant sections below.

16. We will not be in breach of our obligations under our contract with you if we’re prevented or delayed from complying with those obligations by:

a) anything you (or anyone acting on your behalf) does or fails to do; or

b) events or circumstances beyond our reasonable control (including pandemic, fire, flood, extreme weather, bio-emergencies, strikes, trade disputes, lock-outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion and acts of terrorism or war).

17. Where the person using our website is under 18 years old (a “minor”):

a) they have no rights of their own under these terms (the parent or guardian who accepted these terms on their behalf must enforce any rights on behalf of the minor); and

b) if the minor nonetheless makes or threatens any claim against us in their own name, the parent or guardian who accepted these terms on behalf of the minor is responsible for meeting our reasonable costs of defending and, if relevant, settling or satisfying that claim. That doesn’t stop us being liable to that parent or guardian, but our liability to them will be subject to the limitations of liability set out in these terms.

18. If you have any claim, it’s against us, not people who work for us – so you will not make or threaten any claim against anyone who works for us that relates to our website, products, events or the ERIC materials.

Legal Stuff

  1. When you use our website (and, sometimes, when you use other sites which our website links to, for example for processing of payments), you may need (or choose) to enter personal details.  We will always handle those details (known in law as “personal data”) in accordance with applicable law and our Privacy Notice (which also contains further details of how we handle those personal details and your relevant legal rights).

If you provide any personal details on behalf of anyone else, you’re promising (in legal terms, you’re warranting) to us that you have their consent to do that.

19. Some laws require that certain information or communications we send to you should be in writing.  You agree that communicating with you by email, text message, notices on our website or other text-based electronic methods counts as communicating with you in writing.

20. If any part of our contract with you is found to be unenforceable as a matter of law, all other parts of that contract are unaffected and will remain in force.

21. Any contract we form with you is personal to you. You may not assign, sub-license or otherwise transfer any of your rights under that contract to anyone else.

22. Nobody apart from us and (subject to clause 17 above) you has any rights under this contract.

23. Our contract terms are available in English only.

24. English law applies to the terms of our contract with you, their subject matter and their formation, and only the English Courts have any say (in legal terms, they have exclusive jurisdiction) over any disputes arising about those things.

Specific Terms

Products – Ordering

26. The terms below relating to products are in addition to our General Terms, which also apply.

27. To be eligible to buy products from our website you must be over 18 years of age.

28. If you’re placing an order from the website you must:

a) provide your real name, phone number, email address, payment details including invoice address and other requested information;

b) where applicable, give us a delivery address (not a PO box number, hotel or other temporary accommodation address); and

c) possess a valid credit or debit card issued by a bank acceptable to us.

29. Your order is an offer to buy from us.  When you’re placing an order, the following steps have to take place before a contract is made between you and us:

a) After adding what you wish to purchase to your basket and entering your details, you place your order by pressing the ‘Confirm and pay’ button (or similar, depending on the payment services provider you use) at the end of the check-out process. Before placing your order, the check-out process will give you the opportunity to review and, if necessary, make amendments to the contents of your basket.

b) You will see an on-screen acknowledgement of your order. You will receive a receipt for your payment and an email confirming your order for each thing you buy shortly after we receive payment from you (the “order confirmation email”).

c) We accept your order at the time you receive the order confirmation email. Nothing that we say or do will amount to any acceptance of your offer until you receive the applicable order confirmation email, at which point a contract will be made between us unless, before your receipt of the order confirmation email, we’ve notified you that we don’t accept your order.

30. We may decline your order for any reason, in which case you will receive an email telling you so.  If the reason for declining your order is because we cannot obtain authorisation of your payment details for any reason, then we may invite you to pay by another method.

Products – Prices and Payment

31. The prices for products will be shown on our website.  We use our best efforts to ensure that the prices of products are correct at the time of being uploaded to the website.  If we discover an error in the price of any product(s) you ordered, please see clause 32 below for what happens.

32. Although we try very hard to ensure that all information on our website is accurate, occasionally errors may occur.  This is what happens if we discover an error:

a) If we discover an error in the description of a product that you have ordered, we will let you know and ask whether you wish to continue with your order or cancel it.

b) Where the website showed a price which was too high, we will charge the lower amount when dispatching the product to you.

c)  Where the website showed a price which was too low, and the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing, we don’t have to provide the product to you at the incorrect (lower) price. We will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the product at the correct (higher) price or cancelling your order.  We will not finish processing your order until we have your instructions.  If we’re unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

33. Prices for the products may change from time to time, but changes will not affect any order which we’ve already confirmed with an order confirmation email.

34. The prices for products shown on our website include VAT (where VAT applies) but exclude the cost of delivery to you (where applicable).  When ordering via our website, you will see the total cost of your order in your basket and also be given an opportunity to review and amend your basket before you submit your order.

35. As stated above, the price of a product doesn’t include delivery charges.  Our delivery charges will be added to the price and shown in the total during the check-out process.

36. By placing your order, you confirm that the card that you use to make payment to us is yours (or was issued to you by your employer) and that you have authority to use that payment card.

37. We take payment from your card once your details have been processed, subject to card authorisation.  If we’re unable to supply the product(s), we will let you know as soon as possible.  We will give you a full refund if we’ve already taken payment for a product that we can no longer supply.

38. Payment for the products and all applicable delivery charges is in advance.

Products – Delivery

39. If you order products for delivery outside the United Kingdom, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination.  Please note that we have no control over these charges and we cannot predict their amount.  You will be responsible for payment of any such import duties and taxes.  Please contact your local customs office for further information before placing your order.

40. You must comply with all applicable laws and regulations of the country to which the product(s) will be delivered.  We will not be liable or responsible if you break any law.

41. Delivery (where relevant) will be by Royal Mail or another reputable carrier on their standard days of business and during their normal posting hours.

42. We make every effort to dispatch products within the estimated timescales; however, delays occasionally occur due to unforeseen circumstances.  If we have to delay dispatch or cancel the delivery of an order for any reason, we will try to notify you by email or via the website as soon as we’re able.  We will not be liable for any delay or failure to dispatch or deliver the products within the estimated timescales.  If we’re unable to deliver any product within thirty (30) days of the date that you place your order, you may choose to cancel your order for the product in question (please see clauses 43 to 48 below for further details). For more information on delivery timescales please see here.

Products – Returns / Your Right to Cancel

43. Clauses 44 to 48 below only apply to products – different cancellation rights apply to events.

44. These clauses 44 to 48 only apply to products which you want to return even though they are not faulty.  You have different (and more) rights to return faulty products – please see clause 14 for how to find out more about those rights, if needed, and please contact us if you think any product you have bought is faulty.  We will reimburse return postage costs for any faulty products, as well as refunding or replacing the product (as required by law).

45. If you change your mind and want to return any non-faulty product, you can do this by returning it to us (as described in clause 46 below) within 30 days of when you receive it.  You will be responsible for the postage costs of returning it to us, but you will be refunded any basic delivery charges you paid to us (so if, for example, you paid extra for express delivery (where available), you would only be refunded the standard delivery charge).

46. To return a product as described above, you will need to:

a) contact us – please note that this is not a legal requirement, but it will greatly help us to ensure that your return is processed without delay or problems;

b) include either the relevant order confirmation email or the invoice that came with your order, as proof of purchase;

c) make sure that the product is in its original packaging, complete with any tags and documents, and in a condition which would enable us to sell it as new;

d) package the product carefully for delivery; and

e) send it to: Sales Dept, ERIC, The Children’s Bowel and Bladder Charity, 36 Old School House, Kingswood, Bristol, BS15 8DB.

47. It is up to you to make sure that any returned product reaches us safely.  We also recommend that you obtain proof of postage.

48. So long as you follow the above, and any returned product is unused, clean and undamaged, we will refund you within 14 days of receiving it.  We’re allowed to reduce the amount of any refund if a returned product shows signs of use, is not in its original packaging (complete with any tags and documents), is dirty or damaged, or is otherwise not in a condition which would allow it to be re-sold by us – the amount of any such reduction depends on the condition of the product (and may result in no refund being given).

Events – Booking

49. The terms below relating to events are in addition to our General Terms, which also apply.

50. If you’re booking an event from the website you must:

a) provide your real name, phone number, email address, payment details including invoice address and other requested information; and

b) for paid events, possess a valid credit or debit card issued by a bank acceptable to us.

51. For paid events, you booking of an event is an offer to buy from us.  When you make a booking, the following steps have to take place before a contract is made between you and us:

a) After pressing the booking button and entering your details, you complete your booking by pressing the confirmation button (or, for paid events, the “Confirm and pay” button (or similar, depending on the payment services provider you use) at the end of the check-out process). Before confirming your booking, the check-out process will give you the opportunity to review and, if necessary, make amendments.

b) You will see an on-screen acknowledgement of your booking. You will receive a receipt for your payment (if relevant) and an email confirming your booking shortly after you complete it (a “booking confirmation email”).

c) We accept your booking at the time you receive the booking confirmation email. Nothing that we say or do will amount to any acceptance of your offer until you receive the applicable booking confirmation email, at which point a contract will be made between us unless, before your receipt of the booking confirmation email, we’ve notified you that we don’t accept your booking.

52. We may decline your booking for any reason, in which case you will receive an email telling you so.  If the reason for declining your booking is because we cannot obtain authorisation of your payment details for any reason, then we may invite you to pay by another method.

53. Important Note: Please note that by booking onto an event, even a free one, there is an expectation that you will attend.  If you cannot attend for any reason, we ask that you please let us know as soon as possible, so we can allocate your place at the event to someone else where relevant.  (Please see the Events – Cancellation and Refunds section below for details of how and when you can request a refund for a paid event or transfer your booking to someone else.)

Events – Prices and Payment

54. Some of our events are free – the clauses below about prices and payment for events don’t apply to those free events.

55. The prices for events will be shown on our website.  We use our best efforts to ensure that the prices of events are correct at the time of being uploaded to the website.  If we discover an error in the price of any event you booked onto, please see clause 56 below for what happens.

56. Although we try very hard to ensure that all information on our website is accurate, occasionally errors may occur.  This is what happens if we discover an error:

a) If we discover an error in the description of an event that you have booked onto, we will let you know and ask whether you wish to continue with your booking or cancel it.

b) Where the website showed a price which was too high, we will charge the lower amount instead.

c) Where the website showed a price which was too low, and the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing, we don’t have to allow you to participate in the event at the incorrect (lower) price. We will contact you as soon as possible to inform you of this error and we will give you the option of keeping your booking at the correct (higher) price or cancelling your booking.  We will not finish processing your booking until we have your instructions.  If we’re unable to contact you using the contact details you provided during the booking process, we will treat the booking as cancelled and notify you in writing.

57. Prices for the events may change from time to time, but changes will not affect any booking which we have already confirmed with a booking confirmation email.

58. By placing your booking, you confirm that the card that you use to make payment to us is yours and that you have authority to use that payment card.

59. We take payment from your card once your details have been processed, subject to card authorisation.

Events – Cancellation and Refunds

60. Clauses 62 to 68 below only apply to events – different cancellation rights apply to products.

61. You can cancel your booking for an event at any time within the 14 days after we send the booking confirmation email for it, by contacting us.  If you paid for that event, we will refund you for it.

62. The event details may also describe a cancellation cut-off date.  If so, you can also cancel your booking, by contacting us, up to that date (but not afterwards, unless clause 61 above applies).  If you need to, we can usually or (where alternative dates are available) the date of your booking up to 3 working days before the event, which may incur an administration charge – please contact us if you want to do that and we will let you know what, if any, administration charge applies (at which point you can still decide not to make the change, and incur no charge).

63. We may cancel any event due to events or circumstances outside our reasonable control (including insufficient bookings to make the event viable).

64. Although it is rare for us to do so, we may also reschedule any event at any time.  We may also:

a) change the location;

b) make minor changes to the content; or

c) change a trainer or facilitator.

66. If we do cancel, reschedule or make any changes as described in clauses 64 and 65 above, we will notify you by telephone or by email and will endeavour to do so as soon as possible after making those changes.

67. If you paid for an event, we will refund you the price of that event or, if applicable, the affected part of it (for example, the cancelled day) if:

a) we cancel all or part of the event in accordance with clause 64 above; or

b) we reschedule or relocate all or part of the event under clause 65 and you’re unable to attend as a result of the rescheduling or relocation of the event.

68. We will not, under any circumstances, reimburse you for any travel or accommodation costs relating to a cancelled, changed or rescheduled event.

ERIC Materials

69. The terms below relating to ERIC materials are in addition to our General Terms, which also apply.

70. The intellectual property rights (which include things like copyright) in the ERIC materials belong to ERIC, or we have the rights to use them – they don’t belong to you, but you can use the ERIC materials in accordance with the rules below.

71. You’re allowed to use the ERIC materials (including viewing them online, printing them, caching web pages and streaming audio and video files) for your own personal and professional purposes, but not to make a profit from them.

72. You can also give people printed and (where we make them available in a downloadable format) electronic copies of the ERIC materials to other people for their own personal and professional (non-profit-making) use, so long as you make them aware that they cannot onward-share them or use them in a way which would break the rules below.

73. If you have accepted these terms on behalf of a minor, you’re responsible for making sure they comply with the rules about ERIC materials.

74. You must not (and must not let anyone you share them with) do any of the following things with the ERIC materials:

a) change them;

b) use them to make money (or to try to make money);

c) try to pass them off as your own; or

d) republish them (including republishing them on another website) – but this doesn’t stop you from sharing them in accordance with clause 72 above, or sharing links to them on social media (so long as you do that in a way which supports ERIC’s cause and aims).

75. If you want to use any ERIC materials in a way which would (or might) breach any of the restrictions set out above (including hosting or republishing them on your own website or an app, for example), please contact us to discuss the possibility of separate terms to allow that (which may include payment terms).

76. Whilst we do our best to make sure they’re accurate and helpful, the ERIC materials are provided as-is, and we don’t promise that they’ll always be completely accurate or suitable for your particular needs or circumstances.

77. Important Note: Our website contains general medical information, but everyone’s circumstances are different (and potentially complicated), so it’s not advice and you shouldn’t rely on any information on our website in place of proper medical advice from a qualified professional.  In particular:

a) if you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider;

b) if you think someone you look after may be suffering from any medical condition, you should seek immediate medical attention; and

c) you should never delay seeking medical advice, disregard any medical advice or discontinue medical treatment because of information on our website.

78. We are not in any way liable for any losses you may suffer, of any type and on any basis, as a result of treating any ERIC materials as medical advice.  In addition, whilst we take steps to protect against viruses, we’re not in any way liable to you for any losses you may suffer, of any type and on any basis, as a result of any viruses or malware of any type (including spyware, ransomware, Trojan horses and worms) transmitted as a result of you accessing the ERIC materials.

Your Content

79. The terms below relating to your content are in addition to our General Terms , which also apply (and which define what we mean by “your content”).

80. Nothing in these terms changes your rights and our obligations as described in our Privacy Notice and under applicable law, including the law relating to data protection.

81. You must make sure that your content is:

a) truthful, accurate and not misleading;

b) allowed to be given to us, for use by us in accordance with these terms;

c) lawful;

d) free of all viruses, malware and similar things;

e) not negligent (for example, containing negligent advice); and

f) not indecent or offensive.

82. If you fail to make sure of the things described in clause 81 above and someone brings or threatens a claim against us based on that, you will cover our reasonable costs arising from that claim or threatened claim (but we must tell you about it and give you the chance to take over the defence of the claim or threatened claim if you want to).

83. You give us the right to use your content for whatever purpose is given at the point you provide it to us.  To the extent allowed by law, you can’t take that right away from us.  For these purposes, the right to use your content includes the rights to copy, store, change and (if these things are included in the scope of the purpose given to you) publish or transmit your content in any format, anywhere in the world, as well as the right to let other people and organisations do the same things.

You also give us the right to defend any claims by anyone else that your content infringes their intellectual property rights (for example, someone else saying that they, and not you, created a video you provided to us) – unless you’ve taken over the defence in accordance with clause 82.

84. We don’t have to pay you for the right to use your content and you can let other people and organisations use it.

85. Where we publish stories and testimonials it’s often important to keep things confidential or anonymous.  We’re allowed to use your content without naming you as the author or creator and to change it as we see fit.

 

 

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