Terms and conditions
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Copyright
Disclaimer
Credits
Terms and conditions
Privacy disclaimer
Copyright
Copyright 2006 Dignity in Dying (UK). All rights reserved.
No part of this publication may be reproduced or transmitted by any means, electronic, mechanical, (including photocopying), recording or by any information storage and retrieval system, without prior permission from the copyright owners.
Disclaimer
This site contains links to external sites. Dignity in Dying is not responsible for, and has no control over, the content of such sites. Information on this site, or available via hypertext link from this site, is made available without responsibility on the part of Dignity in Dying.
Dignity in Dying disclaims all responsibility and liability (including negligence) in relation to information on or accessible from this site.
Dignity in Dying, 181 Oxford Street, London W1D 2JT
Credits
To follow
Terms and Conditions
Please read this carefully. By submitting an order on this website you are agreeing to the terms that appear below which shall apply to your use of this website along with the?disclaimer and privacy policy.
1 definitions
"Dignity in Dying" shall mean Dignity in Dying UK, 181 Oxford Street, London W1D 2JT. "website" shall mean the website owned and operated by Dignity in Dying, "goods" shall mean the products appearing on the website, "Customer" shall mean an individual natural person dealing as consumer or a company, firm, sole trader or other organisation purchasing goods from Dignity in Dying in each case for their own use and not for re-sale.
2 general
2.1 All contracts for the sale of goods by Dignity in Dying to the Customer are governed by these Terms and Conditions of Sale. Dignity in Dying reserve the right to amend these Terms and Conditions of Sale at any time although the terms and conditions governing any given contract of sale will be those in effect at the date the Customer's order is sent. When these Terms and Conditions of Sale are changed, Dignity in Dying will post a notice on the homepage of the website. The contract of sale for any goods ordered after Dignity in Dying have published notice of the changes will be governed by those changes.
2.2 All goods are sold subject to the condition that they shall not, by way of trade or otherwise, be lent, re-sold or hired out or otherwise circulated without Dignity in Dying's prior consent, in any form of binding or cover other than that in which they are published and without a similar condition being imposed on the subsequent purchaser.
3 contract of sale
3.1 The Customer may order goods from this website or by post. Dignity in Dying shall confirm acceptance of the Customer's order, as agents for Dignity in Dying, by e-mail, on transmission of which the contract of sale will be made. Goods will be supplied to the Customer in accordance with the Customer's order and these Terms and Conditions of Sale.
3.2 In the event that the Customer does not have e-mail, Dignity in Dying Distributors may confirm the Customer's order by telephone, by fax or by post as the case may be.
4 price
4.1 The price of the goods shall be as quoted on the Website on the date the Customer's order is sent to Dignity in Dying subject only to any technical error for which Dignity in Dying shall not be liable.
4.2 The price stated on the website is inclusive of any VAT chargeable in the UK.
4.3 The price of the goods does not include the cost of postage and packing which shall be charged at Dignity in Dying's Postage and Packing Rates applicable at the date the Customer's order is sent. For goods on which VAT is chargeable, as required, VAT shall also be levied on the cost of postage and packing.
4.4 Dignity in Dying reserve the right to amend the postage and packing rates at any time although the rates applicable to any given contract of sale will be those in effect at the date the Customer's order is sent to Dignity in Dying.
4.5 Dignity in Dying shall not be responsible, and the Customer has sole responsibility, for complying with any legislation or regulation governing the importation of goods into the country of destination and for the payment of any import or other duties or taxes.
5 methods of payment
5.1 Payment may be made by debit or credit card online. Payment may also be made by cheque drawn on a UK clearing bank in Pounds Sterling made payable to Dignity in Dying sent to the said Customer Services Department. Full details of the Customer Services Department are set out in Clause 15 of these Terms and Conditions of Sale.
5.2 The debit and credit cards accepted by Dignity in Dying are those listed on the Website on the date on which the Customer's order is sent.
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6 delivery
6.1 Products shall be despatched on by the Dignity in Dying. Delivery shall be made to the address specified by the Customer on the completed order.
6.2 Dignity in Dying shall endeavor to ensure that the goods are delivered to destinations within the European Union within 30 days of the date the Customer's order is sent but the Customer agrees that delivery after this period shall be accepted.
6.3 In the event of non-availability of the goods, Dignity in Dying Distributors will notify the Customer and Dignity in Dying will credit the Customer in full the price of the goods. In the event of non-availability of part of the goods ordered by the Customer, Dignity in Dying Distributors will notify the Customer and Dignity in Dying will make a corresponding adjustment to the amount payable by the Customer who shall pay for the exact quantity of goods supplied plus postage and packing.
6.4 In the event the goods delivered to the Customers do not include all the goods ordered or include incorrect goods, the Customer shall notify Dignity in Dying Distributors within 7 days of the date of delivery quoting Dignity in Dying's order reference. In the case of delivery of incorrect goods, the Customer shall return the goods to Dignity in Dying Distributors who will replace them with the correct goods, subject to their availability, and Dignity in Dying will credit the Customer, the Customer's cost of postage and packing, and of the goods, if they are not available. In the case of incomplete delivery, Dignity in Dying Distributors will despatch the additional goods subject to their availability or, if unavailable, Dignity in Dying will credit the Customer. In either event, Dignity in Dying's liability shall be limited to the price of the goods not delivered or incorrectly delivered and the Customer's cost of postage and packing in the case of incorrect goods returned by the Customer.
7 rights of cancellation - european union
7.1 In relation to goods to be delivered within the European Union, a Customer who is an individual natural person has the right to cancel the contract up to 7 working days after the day following the delivery of the goods by notifying the Customer Services Department at Dignity in Dying Distributors by hand delivered notice, by post, by fax or by e-mail.
7.2 In the event that the goods have already been dispatched at the date of receipt of the Customer's cancellation of the contract the Customer shall return the goods to Dignity in Dying Distributors at the Customer's own cost, in the packaging in which the goods were delivered or equivalent packaging.
7.3 In the event of cancellation of the contract, Dignity in Dying will credit the Customer's credit or debit card with the price of the goods within 30 days beginning with the day on which notice of cancellation was given. Credit shall not be made unless and until the goods have been returned to Dignity in Dying Distributors in a re-saleable condition.
8 defective goods
8.1 The Customer shall inspect the goods and notify Dignity in Dying Distributors within 7 days of delivery of any manufacturing faults revealed by that inspection.
8.2 Subject to the Customer returning the goods Dignity in Dying Distributors will replace such goods as it agrees to be faulty provided that such replacement can be made from current stock and Dignity in Dying will credit the Customer the cost of returning the goods.
8.3 If replacement cannot be made from stock, Dignity in Dying will refund the price of any faulty goods including postage and packaging. Dignity in Dying will not accept any further claims for loss whether of or in connection with supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising.
9 loss of or damage to goods in transit
9.1 In the event that the goods are not received by the Customer within a reasonable period of Dignity in Dying's acceptance of the Customer's order the Customer shall notify Dignity in Dying Distributors and Dignity in Dying will credit the Customer the price of the goods and postage and packaging. In the event the original goods are subsequently received by the Customer, the Customer shall notify Dignity in Dying Distributors and return the goods to them or authorise payment for them.
9.2 In the event that the goods are damaged in transit, the Customer shall notify Dignity in Dying Distributors within 7 days after the date of delivery and subject to the Customer returning the goods and their receipt by Dignity in Dying Distributors, Dignity in Dying Distributors will despatch replacement goods, if available, or Dignity in Dying will credit the Customer the price of the goods and postage and packing if they are not.
9.3 In either of the events envisaged by Clause 10.1 and 10.2, Dignity in Dying's liability shall be limited to the price of the goods and postage and packing.
10 risk and ownership
10.1 Risk of damage or loss of the goods shall pass to the Customer on delivery of the goods or, if the Customer fails to take delivery of the goods, at the time when delivery would otherwise have been effected.
10.2 Title in the goods shall pass to the Customer on delivery of the goods.
11 warranty and liability
11.1 Dignity in Dying warrant that the goods will correspond with the Customer's order where stock is available and the goods delivered will be free of defects although Dignity in Dying's liability for breach of these warranties is restricted to the remedies set out in Clauses 7, 9 and 10.
11.2 any warranty, condition express, implied or statutory or any duty of any kind imposed on Dignity in Dying by operation of law is excluded to the fullest extent permitted.
11.3 If, notwithstanding the provisions of Clause 12, liability attaches to Dignity in Dying by operation of law, in no circumstances shall Dignity in Dying's liability to the Customer exceed the total contract price of the goods and postage and packing.
11.4 Dignity in Dying will not be deemed to be in breach of contract or of these Terms and Conditions of Sale as a result of any delay in its performance or failure to perform its obligations if that delay or failure to perform is due to any cause or circumstance beyond Dignity in Dying's reasonable control including, but not limited to, postal or other carrier strikes, fire, flood and other acts of God, riot, accident, civil commotion or war.
12 disclaimer
Dignity in Dying disclaims all responsibility and liability for the import into any country of any goods which infringe any local legislation of that country.
13 withdrawal of goods
Dignity in Dying reserve the right to withdraw from sale any goods published or previously supplied by it without prior notice or liability to the Customer.
14 customer complaints
Any Customer complaints should be addressed to the Customer Services Department at Dignity in Dying, 13 Prince of Wales Terrace, London , W8 5PG. Fax : 020 7376 2648, Tel : 0870 777 7868, Email : info@dignityindying.org.uk
15 general
15.1 If any of these terms and conditions of sale is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this shall not effect the validity of the remaining terms and conditions of sale which shall continue to be valid and enforceable to the fullest extent permitted by law.
15.2 The Contract of Sale and these Terms and Conditions of Sale shall be governed by English law and Dignity in Dying and the Customer hereby submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them.
Privacy Policy
The following statement explains our policy regarding the personal information we collect about you.
statement of intent
From time to time, you will be asked to submit personal information about yourself (eg name and email address etc) in order to receive or use services on our website. Such services include newsletters, competitions and personalised services such as 'Alert Email'.
By entering your details in the fields requested, you enable Dignity in Dying to provide you with the services you select. Whenever you provide such personal information, we will treat that information in accordance with this policy. Our services are designed to give you the information that you want to receive. Dignity in Dying will act in accordance with current legislation and aim to meet current Internet best practice.
submitting personal information
When you supply any personal information to Dignity in Dying (eg for feedback or during purchase of a living will or Dignity in Dying membership) we have legal obligations towards you in the way we deal with that data. We must collect the information fairly (see the notices on particular web pages that let you know why we are requesting the information); we must let you know how we will use it; and we must tell you in advance if we decide to pass the information on to anyone else. We will hold your personal information on our systems for as long as you use the service you have requested, and remove it in the event that the purpose has been met, or you no longer wish to continue your registration as a subscriber. Where personal information is held for people who are not yet registered but have taken part in other Dignity in Dying services that information will be held only as long as necessary to ensure that the service is run smoothly. We will ensure that all personal information supplied is held securely, in accordance with the Data Protection Act 1998.
direct marketing and user surveys
As Dignity in Dying services expand, there will be more opportunities to enhance the services provided to you. From time to time we may send you details of other Dignity in Dying services and products that may be of interest to you and offer you the opportunity to subscribe to them. We may also offer you the opportunity to participate in surveys, carried out by Dignity in Dying or its agents, that help our research into the types of service we offer. Dignity in Dying will keep a record of information provided by you. Please note that any information you provide to Dignity in Dying will only be used within Dignity in Dying It will never be supplied to third parties without first obtaining your consent unless we are obliged by law to disclose information.
users under 18
If you are under 18, please get your parent/guardian's permission beforehand whenever you provide personal information to Dignity in Dying website. Users without this consent are not allowed to provide us with personal information.
