Terms & Conditions
Words used in these Terms
In these Terms, when we say:
- You or your, we mean you, the customer ordering and purchasing Products, or donating;
- we, us or our, we mean the Hospitals Charity entity from whom you purchase Product(s), Hospitals Charity is registered in England Scotland & Wales - 36-38 Cornhill, City of London EC3V 3NG
- Delivery Terms, we mean the terms that apply to our Product delivery services, full details of which can be found in store and on our Website;
- Order, we mean an order placed by you for Product(s) in store, through our Website, by telephone or using such other means as we may permit from time to time;
- Our agreement, we mean our agreement as defined in clause 2.1;
- Product or Products, we mean the goods and products that we sell;
- Terms, we mean these terms and conditions of sale; and
- Website, we mean the website https://www.hospitalscharity.com/ that is operated by us or on our behalf.
- If you order Product(s) on behalf of a company, organisation or other entity, then (i) you (as defined in clause 1.1.1) includes you and that company, organisation or other entity, and (ii) you represent and warrant that you are authorised to bind the company, organisation or other entity to our agreement (including these Terms), and that you agree to our agreement (including these Terms) on behalf of yourself and the company, organisation or other entity.
- These Terms set out the basis on which we may sell Products to you. Please read these Terms carefully. Subject to clause 3.5, by submitting an order for and/or purchasing any Product, you are indicating your acceptance of these Terms and you agree to be bound by these Terms. If you do not accept these Terms, you will not be able to order or purchase any Products from us.
- These Terms are only in the English language. Our agreement will not be filed by us.
- If you view these Terms via our Website, you should print a copy of these Terms or save them to your computing device for future reference.
- Each order you place and purchase of Product(s) you make is subject to these Terms, our Delivery Terms (where relevant), and any additional terms that apply to any quote we may give or any promotional or special offers (together our agreement).
The order process and formation of the contract between us
- You will place an order through the website and you will have an opportunity to check and correct any input errors in your orders via the Website up until the point at which you submit your order by clicking the confirm order and pay (or similar) button on the checkout page of our Website. Please carefully check your order at each stage of the order process. Once you have clicked the confirm order and pay (or similar) button, you will need to pay for the Products you have ordered via the Website.
- Your order is an offer to purchase from us. When you place an order with us (or otherwise offer to make a purchase from us), you do so in accordance with the terms of our agreement, subject to our acceptance of your order (or offer to make a purchase). If you place an order via our Website (or where we have otherwise stated that we will), we will send you an email acknowledging receipt of your order, together with your order number and details of the Product(s) you have ordered. Please note this email is an acknowledgement and is not an acceptance of your order.
- Unless we have notified you that we do not accept your order (or offer to make a purchase) or you have cancelled it in accordance with our returns policy, we accept your order (or offer to make a purchase) as follows:
- subject to clauses 3.3.2 and 3.3.3, where you place an order via the Website, we accept your order only after authorisation by the Stripe or PayPal system and then only when the Products are despatched to you or at the point the Products are collected by you in store (as the case may be);
- Where you place an order in store, we accept your order when we provide you with a sales advice confirming that the order has been placed and processed; and
- When you place an order by telephone, we accept your order when we confirm that the order has been placed and processed.
- We may choose not to accept your order (or offer to make a purchase) for any reason and we will not be liable to you or to anyone else in those circumstances. If we do not accept your order (whether in whole or in part) we will refund any monies paid in connection with that order (or that part of the order that we do not accept).
- Our agreement is formed when we accept your order (or offer to make a purchase). In relation to orders via the Website, where Products you have ordered fall within two or more of the Product types identified in clauses 3.3.1, 3.3.2 and 3.3.3, a separate agreement is formed for each Product when we accept your order for that Product. The processing of your payment and acknowledgment of receipt of your order (whether by email, telephone or otherwise) does not constitute legal acceptance of your order.
- If we accept your order, we have a legal duty to supply our Products in conformity with our agreement.
Buying from us
- We will take reasonable steps to display as accurately as possible the colours, appearance and other detailing of our Products (and their packaging) in the images that appear on the Website and in our catalogues and other media. However, we do not guarantee that the images, appearance and other detailing that appear on the Website and in our catalogues and other media will exactly reflect the colour, appearance or detailing of the physical Product (or its packaging). Your Products (and their packaging) may vary slightly from those images.
- Printed products may show some colour variation. To the extent permitted by law, we accept no liability associated with such variations.
- Any information on the Website and in our catalogues and other media regarding sizing, weights, capacities, specifications, dimensions and measurements of Products is included as a guide only.
Price, delivery charges and availability
- Unless otherwise stated, prices for Products are inclusive of applicable sales tax (including VAT (or GST in Jersey)). Sales tax will be applied and will be shown on your PDF invoice at the current applicable rate. Sales tax amounts stated may be subject to rounding variances. The exact amount of sales tax will be shown on the sales tax invoice (where provided). This will not affect the total price inclusive of sales tax.
- Prices for Products exclude delivery charges unless expressly stated otherwise. Delivery charges vary depending on the Product(s) you order, the delivery address and the delivery method you select; please see our Delivery Terms for further details. When you place an order via our Website, delivery charges are calculated automatically in your shopping basket depending on your choices and added to your order.
- We may update prices at any time. Despite our best efforts, a small number of the many products we sell may occasionally be mispriced. If this happens then we will not be obliged to supply the Products at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or endeavour to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.
- From time to time we may apply promotional prices to Products, including Website or in- store only prices. These promotional prices will only apply in the context in which the promotion is given and are subject to the terms of that promotion. For example, Website only prices will not be applicable to in-store orders or purchases, and in-store only prices will not be applicable to Website orders or purchases. To take advantage of promotional prices, you must quote the relevant promotion code when you order (where applicable). We may update promotions at any time.
- All Products are subject to availability. If you order Products which are not available from stock, we will take reasonable steps to contact you to discuss how you wish to proceed. You will have the option to wait until the Products are available from stock, or cancel your order. If the Products are unlikely to be restocked (or we are unable to contact you), we will cancel your order for those Products and refund the price you have paid for those Products.
- The total cost of your order and/or purchases is the price of the Products and applicable delivery charges.
- We must receive payment in advance before your order and/or purchase can be processed, unless we have agreed otherwise in advance in writing.
- Payment can be made by most major credit or debit cards in accordance with the payment methods section of our Website. We utilise the Stripe and PayPal’s system of payment.
- If you use a credit/debit card to pay for your order, you must use your credit/debit card or a credit/debit card that you are otherwise authorised to use. All credit/debit card holders are subject to validation checks by third parties and authorisation by the card issuer. If the issuer of the card refuses to authorise payment or any other validation checks return adverse results, we will not accept your order and we will not be liable for any delay or non- delivery and we are not obliged to inform you of the reason for the refusal.
- We are not responsible for the card issuer or bank charging the cardholder as a result of our processing of the credit/debit card payment in accordance with your order.
- You are responsible for all orders placed by your authorised employees.
Getting your Products
- If you order Products for delivery then the terms that apply to that delivery will depend upon the Product(s) that you order, the delivery address and the delivery method you select. Unless we specifically agree otherwise, we only deliver to the areas indicated. Depending on your location, some Products may only be available in store and some Products may not be available to purchase on our Website.
- You must also do all that you reasonably can to enable the delivery to take place on the given date. If we are unable to deliver the Products as a result of your action or inaction (for example, you are not present at your property), we will need to arrange an alternative delivery date and we reserve the right to charge you a further fee for this.
- Until ownership of the Products passes from us to you, you shall hold the Products on our behalf and shall store the Products at your own cost separately from all other products in your possession and marked in such a way that they are clearly identified as our property. We may, before ownership of the Products passes to you, require you to deliver up the Products to us and, if you fail to do so, may repossess the Products. You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the Products.
Cancellation and returns
- Please keep your proof of purchase for anything you buy from us. Although you are not obliged to, doing so will ensure we can help you if you need to bring something back.
- You may cancel your order (or any part of it) and return your Products for any reason before dispatch (where applicable) or within 30 days after the date of purchase by::
- Calling us on 0300 1210015, e-mailing us at firstname.lastname@example.org or writing to us at Hospitals Charity, 36-38 Cornhill, City of London EC3V 3NG United Kingdom to cancel the order (or part of it) and arrange return; or
- Returning the Product to our store in person (please bring your proof of purchase and, where applicable, the credit/debit card used for payment) at Hospitals Charity, Morton, Leeds, LS17 8PE United Kingdom.
- You will lose your right to cancel after the expiry of the 30 day period referred to in clause 8.2 (this does not affect your rights if there is any problem with the Products).
- You may use the cancellation form at the end of these Terms, but you do not have to.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- In relation to Products delivered to you, you may need to take delivery of the Products before you can cancel your order if the Products are placed into our delivery process before we receive your notice of cancellation. This does not affect your rights under this clause and clause 9.
- Following cancellation, we will refund you the price paid for the cancelled order (or part of the order cancelled), less any collection or return costs or charges (if any). Where you cancel the entire order, we will also refund the standard delivery charges paid (if any), or an amount equal to those charges if you elect to use a more expensive delivery method. Where you cancel part of an order, we may recalculate any applicable delivery charge and deduct this from the refund. We will pay the refund within 28 days after the day:
- you notified us to cancel your order, where you have not received the Products (and the Products have not been despatched to you); or
- we receive the Products you returned to us, where you are in receipt of the Products; or
- you provide us with a proof of return for the Products, where you have returned the Products but we have not yet received them.
- If you paid for your order using a credit/debit card, we will refund you on the credit/debit card used to pay for the order; if you paid for your order by cheque, we will provide you with a cheque for the amount of the refund; if you paid for the order in cash, we will refund you in cash or, at our discretion, by cheque; if you paid for your order using a gift card, we will issue a credit note for the amount of the refund. You must arrange for the return of the Product(s) as soon as possible and in any event not later than 14 days after the day on which you cancel your order the following information is applicable to Internet sales only. As a consumer, you have extensive rights when it comes to returns and cancellations. For example, you have the right to cancel your order for up to 30 days after the date of purchase and should you choose to cancel, you have 14 days to return the product from the date of cancellation. This is to ensure that you are totally happy with your purchase, which is why it only applies after you have taken delivery of the order. However, if you do decide to cancel or return the goods in part or wholly then you must abide by the Distance Selling Regulation guidelines (a copy of which can be found at www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf) Returns will only be accepted up to 30 days after delivery has taken place. You also have the right to cancel your purchase before your order has been dispatched to you. If cancellation is confirmed prior to the order being dispatched, the full invoice amount will be refunded to you within 5 working days. If you cancel and would like to return your order after delivery, You must return the goods at your own expense, please email email@example.com and we will provide you with a returns reference. Any items returned without a valid reference will not be accepted. All items must be sent as they are received, complete with packaging and in their original saleable condition. Following their delivery to us, we will refund the total due to you onto the payment card that you originally used. This will be made within 14 days of return. Please note, any items returned that are not in a re saleable condition as outlined above or without a valid reference will not be accepted. For more information, please email firstname.lastname@example.org or contact our customer service team on 0300 1210015.
- You must keep the Product(s) you wish to return in your possession and take reasonable care of the Product(s) at all times while they are in your possession. This means that you must not use the Products (except to the extent reasonably necessary to inspect and examine them).
- We reserve the right to make a deduction from the amount of any refund for loss in value of the Products returned where the Products show signs of unreasonable use; for these purposes, unreasonable use includes handling the Products beyond what is necessary to establish the nature, characteristics and functioning of the Products, in particular, if it goes beyond the sort of handling that might reasonably be allowed in a shop. Where you are in possession of the Products (or they have been dispatched to you), we may withhold any refund until we have received the Products or you have supplied proof of return for the Products.
- We reserve the right to require proof of identity.YOUR CONSUMER RIGHTS ARE NOT AFFECTED
- On receipt of the Products you must check they match your order. If there is any problem, or if they are defective or damaged you must notify us as soon as is reasonably possible. Claims may be reduced or rejected if we have not been given an opportunity to put matters right.
- In addition to the right to cancel an order as described in clause 8, if there is a problem with your order or the Product(s) you purchase is(are) faulty, we may make good any shortage or non-delivery, or offer a repair, exchange or refund as appropriate in accordance with your consumer rights.
- If you are acting as a consumer, we accept no liability for any:
- loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our agreement);
- loss which arises when we are not at fault or in breach of our agreement; and
- Business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).
- If you are acting as a consumer, you may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in our agreement is intended to limit your legal rights as a consumer. For further information about your legal rights you can contact your local authority Trading Standards Department or Citizens Advice Bureau.
Our rights to cancel
We may cancel our agreement by notice in writing to you if you are in breach of our agreement, you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon cancellation, any money due to us in respect of our agreement which has been cancelled shall become immediately due and payable and we shall be under no further obligation to supply Products to you, provided that where you have paid for Products in advance of our cancellation of our agreement, we shall, at our discretion, supply those Products to you or cancel the supply of those Products and refund you the price paid for those Products.
Events beyond our control
We shall have no liability to you for any failure or delay in supply or delivery, nor if performance of any of our obligations is prevented or restricted, nor for any damage or defect to Products supplied or delivered under our agreement, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).
- Calls to us may be monitored and/or recorded for quality control and training purposes.
- In the unlikely event that you have a complaint, you and us agree to be bound by the our Complaints Process.
- In the first instance you should contact our Customer Service team in accordance with paragraph 16 below.
- We will send you a form for you to complete to assist us in investigating the nature of your complaint.
- A full response to your complaint detailing our position and outlining what ,if any, steps we propose to deal with that complaint
- A request for further information. As soon as we have all relevant information we shall respond.
Contacting us and you
- If you have any questions, complaints or concerns with respect to your order or these Terms, please contact us as follows: by telephone: on 0300 1210015 or e-mailing us at email@example.com
- Any formal legal notices should be sent to Hospitals Charity 36-38 Cornhill, City of London EC3V 3NG
- If we have to contact you or give you notice in writing, we will do so by email or by hand or by pre-paid post to the address you provide to us in your order or we otherwise hold for you.
Governing law and venue for disputes
- Subject to clause 16.2, you and we agree that our agreement is governed by the law of England, Scotland and Wales and that any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will only be dealt with by the courts of England, Scotland and Wales.
- Regardless of clause 16.1, you and we agree that if:
- you are a consumer (as defined in clause 10.1) resident in a part of the United Kingdom other than England, Scotland and Wales, the law of that part of the United Kingdom will apply to our agreement and any dispute between you and us arising out of or in connection with our agreement (including non- contractual disputes or claims) will be dealt with by the courts located there;
- you are a consumer (as defined in clause 10.1) resident in Jersey, Jersey law applies to our agreement and any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will be dealt with by the Jersey courts; and
- you are a consumer (as defined in clause 10.1) resident in Guernsey, Guernsey law applies to our agreement and any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will be dealt with by the Guernsey courts, Provided that, where we are allowed to do so by law, we may bring a claim against you in the courts of England, Scotland and Wales.
Other important terms
- If any provision of our agreement (including any provision in which we exclude or limit our liability to you) is found to be invalid or unenforceable in whole or in part, the validity of the other provisions of our agreement and the remainder of the provision in question shall not be affected.
- No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
- If we fail to insist that you perform any of your obligations under our agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- You may not assign or transfer your rights or obligations under our agreement, unless we agree in writing
- We may update, vary and amend these Terms from time to time without prior notice. Each time you order or otherwise purchase a Product from us, the Terms in force at that time will apply (as set out on our Website or available in store). Please check in store or on our Website to ensure that you understand which Terms apply. These Terms were last updated on 30th September 2020.