Terms and conditions
These terms and conditions are deemed to incorporate our Privacy Policy. A copy of our Privacy Policy can be found here: https://www.levelwater.org/privacy-policy
TERMS AND CONDITIONS - EVENTS
ABOUT SWIM COLLECTIVE
Swim Collective Limited is a company incorporated in England and Wales with company number 07671591. Swim Collective Limited delivers open water outdoor swimming events including, but not limited to the Dart 10k, Bantham Swoosh, Bantham Boomerang and Hurly Burly events.
Swim Collective is wholly owned by Level Water, a charity in England and Wales with registered charity number 1151510.
EVENT TERMS & CONDITIONS
These terms and conditions govern your relationship with us and Level Water relating to your entry into any Event owned or operated by us or Level Water. By entering into a ballot for any Event, by completing an Online Registration, by partaking in or attending any Event, or, where relevant, by purchasing any merchandise from us, you will be deemed to have accepted these terms and conditions. These terms and conditions form a fundamental part of your participation in an Event as an Entrant or a Spectator.
1. DEFINITIONS & INTERPRETATIONS
“Attendee” means any attendee at an Event (excluding Entrants) including, but not limited to, spectators, Event suppliers, volunteers, Event staff, emergency services representatives, and food vendors.
“Entry Fee” means the price payable by each Entrant in exchange for a Ticket and a place in the Event, excluding the Platform Fee;
“Entrant” refers to any individual who enters the Event;
“Event Route” refers to the route the Event takes from the starting place to the finishing place, at all times designated by the Event Organisers;
“Event” means an open water swimming event owned or operated by the Event Organisers;
“Event Date” means the advertised day(s) that the Event will be hosted;
“Online Confirmation” is the email we send to you confirming your entry to the Event once you have completed your Online Registration and paid for a Ticket;
“Online Registration” refers to the pages of the website or registration platform that need to be completed to take part in the Event;
“Platform Fee” refers to the charge by the provider of the Registration Platform (currently Njuko);
“Tickets” means tickets or other types of evidence (including electronic registration) for an Event sold by us to you for the right to attend the Event;
“Venue” means any facilities or locations of any nature where the Event is being held;
“We” and “Event Organiser” means Swim Collective and Level Water or any associated agents. “us” and “our” shall be read accordingly;
“You” means you or anybody who in our reasonable opinion is acting with your authority or permission. “Your” shall be read accordingly;
“Website” refers to https://www.levelwater.org/ or any specific website relating to an Event which will be made available online.
2. THE EVENT ORGANISER
2.1 These terms and conditions apply to all elements of the Event.
2.2 The Event Organisers may delegate any of their powers under these terms and conditions during an Event to any official, volunteer or marshal. All Entrants and attendees at an Event are obliged to comply in full with these terms and conditions and the instructions of any representative of the Event Organisers. Failure to comply may lead to the Entrant or attendee being removed from the Event or Venue, without liability to the Event Organisers.
2. REGISTRATION
2.1 To register for an Event you must be over 18 years of age, unless otherwise stated.
2.2 You must ensure that the details provided by you to the Event Organisers during the Online Registration or otherwise at any time are correct and complete.
2.3 You must inform us immediately of any changes to the information that you have provided by updating your personal details using the Website or Online Registration platform. We will not be liable for any loss or damage suffered by you as a result of you failing to update your personal details, including any failure to inform you of an update to the Event time or date.
2.4 By registering for an Event, you declare that you will abide by the rules of the Event and you agree to the Event specific disclaimer. Entrants agree that they will be, at the Event Date, fit to swim and that the details given in the registration forms they complete are correct in all particulars. It is also an acceptance that, to the extent permitted by law, the Event Organisers, any Event sponsors, and any supplier to the Event (including food retailers, marquee providers and travel providers) shall have no liability to you for any injury, loss or damage, nor any consequential loss or damage suffered by you at or by reason of the Event. By completing the Online Registration, you are certifying that you are aware that swimming in open water has inherent risks and swimming in untreated water can lead to stomach upsets and diseases, such as but not limited to, E. Coli and leptospirosis, and that you understand you swim entirely at your own risk. All Entrants must sign an Exclusion of Liability before the Event.
2.5 If you are purchasing a ticket in the Ballot entry, completion of the Online Registration enters potential Entrants into a ballot process and does not guarantee each registered individual a place at an Event. If an application to participate in an event is successful, you will receive an Online Invitation email. The Online Invitation will only be sent if the ballot entry has been successful. The Entry Fee will be due and payable immediately upon your invitation, in accordance with clauses 3 and 4 of these terms and conditions. Your entry will not be complete until the Event Organiser has received, in cleared funds, the Entry Fee.
2.6 The date of each registration shall be the date on which the Entrant receives the Online Confirmation. Entrants can only register to participate in Events online. The Event Organisers are not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer/Internet transmissions or other errors or malfunctions of any kind which may in any way prevent registration.
2.7 For Entrants under the age of 18:
2.7.1 your parent or legal guardian will be asked to confirm on the Online Registration that they consent to you participating in the Event and that they accept these terms and conditions on your behalf.
2.7.2 You must have permission from your parent or guardian to provide their personal details and to sign up for the Event on their behalf. You confirm that the email address and personal details you provide to us are all accurate, correct and up to date.
2.7.3 If you are the parent or legal guardian of an Entrant under the age of 18, then by agreeing to these terms and conditions you are consenting to the terms of these conditions and you are agreeing to the Entrant’s participation in the Event under your/an accompanying adult’s direct supervision.
3. TICKETS
3.1 All Tickets are sold subject to availability and to these terms and conditions. These terms and conditions should be read carefully prior to purchase and any queries relating to them should be raised with us prior to purchase, as purchase of Tickets constitutes acceptance of these terms and conditions.
3.2 A valid Ticket must be held to participate in an Event. In the case of Swim Collective or Level Water Events “Tickets” are via electronic registration only. Your name will be held by us, and you will gain access to the Event on the day. Proof of identity may be required. Your Ticket may not be used by any other individual to gain access to the Event unless validly transferred under clause 5.2.
3.3 It is your responsibility to check your Tickets as if you have made a mistake it cannot always be rectified after purchase. Please check your Tickets on receipt carefully and contact us immediately if there is a mistake.
3.4 Tickets may only be purchased from the Event Organiser or their ticket agent (who will at all times be listed on the Website). With the exception of official ticket transfers, tickets purchased or obtained from any other source shall be void and may be cancelled without refund or compensation.
3.5 The Event Organiser may limit the number of Tickets that may be purchased per payment card and/or per household. The Event Organiser reserves the right to cancel without prior notice and without refund any Tickets purchased in excess of this number.
3.6 Tickets may not be purchased by any person under the age of 18 years.
3.7 Whilst we try to ensure that pricing and ticketing information provided to Ticket purchasers is correct at all times, errors may occasionally occur. If we discover an error in the price or nature of a Ticket, we will inform the relevant Ticket purchaser as soon as reasonably practicable, and give the Ticket purchaser the option of reconfirming his or her order at the correct price/specification or cancelling it. If we are unable to contact the Ticket purchaser, we will unfortunately have to treat the Ticket as cancelled. If the Ticket is cancelled in such circumstances, we will provide the Ticket purchaser with a full refund.
3.8 We reserve the right to cancel any Ticket that we believe has been purchased in contravention of these terms and conditions, or purchased fraudulently.
4. PRICE & PAYMENT
4.1 The price of the Ticket shall be the price set at the time we accept your order. All prices set are inclusive of any applicable taxes.
4.2 When you complete your Online Registration, we will provide you with the details to purchase the Ticket relevant to your entry into an Event.
4.3 As part of your payment of the Entry Fee for your Ticket, you may also be required to pay a Platform Fee (this includes a payment processing fee) administered by our platform provider. The Platform Fee is not refundable under any circumstances. Any requests for this Platform Fee to be repaid must be directed to the provider of the registration platform, currently Njuko.
5. TICKET USE AND TRANSFERS
5.1 Save as set out in clause 5.2, Tickets cannot be transferred to another person, and cannot be resold.
5.2 If you wish to transfer your ticket to another Entrant then that other Entrant must complete their Online Registration form. To transfer your Ticket to another Entrant, please login to your Event ticket account and follow the procedures detailed for transferring. There may be a fee to transfer your ticket to another participant.
5.3 Tickets must not be:
5.3.1 Used in the course of any business (for example, exchanged for goods and services or offered as an incentive to purchase the goods and services of a company); and/or
5.3.2 Transferred, used or otherwise disposed of in relation to any promotional or commercial purpose (including any competition, advertising, promotion, auction or as a prize in any competition or sweepstake, whether for a business or a charity or otherwise) unless used by our charity or sponsors and we have provided our prior written approval.
5.4 Any Ticket offered for sale, sold, transferred, used or disposed of in breach of this clause may be cancelled by the Event Organiser and any Ticket holder seeking to use the Ticket may be refused admission to or evicted from the Venue without refund or compensation and may also be liable to legal and/or disciplinary action.
5.6 If you are unable to attend the Event, Tickets cannot be refunded after purchase in any circumstances save as set out below. We recommend you consider taking out insurance to cover any costs you incur if you are not able to attend the Event or if the Event is cancelled. Please check the conditions of your policy carefully to make sure it provides the cover you require.
5.7 For most products bought online you have a legal right, starting from the date you place your order, and ending 14 days after you receive the goods, to cancel the contract, return the goods (if delivered) and receive a refund.
6. CHANGES TO EVENT AND CANCELLATION
6.1 We may make changes to the Event (including but not limited to (as applicable) the Venue and the Event Route) that we deem necessary in order to stage the Event. Any changes to the Event will be communicated to you at the Event or sooner if practicable.
6.2 If the Event is advertised at a specific distance but we are required, or decide, to reduce the distance then the Event shall take place anyway. You acknowledge and confirm that you agree to any such amendment to the Event and that your booking is not cancellable or refundable due to such a change to an Event.
6.3 We reserve the right to cancel the Event if:
6.3.1 circumstances beyond our reasonable control arise which affect the safety and security of the Entrants and/or Attendees or affect our ability to hold the Event, including, without limitation, war, civil or political unrest, terrorism or inclement weather conditions; or
6.3.2 Before the Event Date we have not received a sufficient number of applications to ensure that there are enough Entrants to make the Event economically viable.
6.4 Where practicable, we will provide written notice of cancellation to the email address we hold for you, we will also communicate notice of cancellation through social media channels and text messaging. It is your responsibility to ascertain whether an Event has been cancelled or rescheduled and the date and time of any rescheduled Event.
6.5 In the event of cancellation of the Event due to issues beyond our control, then we will not be able to issue a refund on your ticket purchase, and we will not be responsible for travelling, accommodation, food or associated expenses.
6.6 If the Event is cancelled, it will not be possible to reschedule the Event due to the complexities involved in the organisation of the swims (eg tide times, local access, suppliers).
6.6.1 Swim Collective holds an Adverse Weather Event Cancellation Insurance policy only. We are not insured for all Event cancellation eventualities.
6.6.2 If we cancel the event due to adverse weather, we will file an insurance claim. If this is successful, the insurance payment will be used to issue refunds or partial refunds.
6.6.3 Whilst we’ve taken care to ensure that the policy includes relevant details, as with all insurance policies, the final discretion is with the insurer and therefore cannot be guaranteed.
6.6.4 The details of our Adverse Weather Event Cancellation Insurance policy state that;
6.6.5 The event can proceed in continuous moderate rainfall
6.6.6.The event can proceed in wind speeds up to 20mph
6.6.7 The event cannot go ahead in continuous heavy rainfall
6.6.8 The event cannot go ahead in wind speeds over 20mph.
6.6.9 The policy excludes cover for cancellation, abandonment, disruption or rescheduling of the event directly or indirectly resulting out of, contributed to by, or in connection with fog, mist, low cloud or restricted visibility.
6.6.10 Adverse Weather is insured by our Adverse Weather Event Cancellation insurance policy and is defined as extreme weather conditions which:
6.6.11 a) occur on the day(s) of the event and which are deemed by you or the event organiser on the day of the event to pose a serious threat to the safety of those attending the event;
6.6.12 and/or b) occur during the policy period and which result in conditions which the local authority consider to pose a serious threat to the safety of those attending the event;
6.6.13 and/or c) occur during the policy period and which prevent You or the event organiser from undertaking the necessary set up to enable the event to proceed due to: (i) concern for the safety of those responsible for the necessary set up, or (ii) reasons of physical impossibility
6.6.14 We have a process in place with our water safety provider to ensure that we monitor the weather meticulously in the run up to the event and we will hold the decision, in partnership with our water safety provider as to whether or not the swim is safe to go ahead.
6.6.15 We will seek to communicate with you at the earliest possible opportunity if there is a risk of cancellation.
6.7 A Ticket will not be exchanged or refunded if:
6.7.1 the Event is stopped for any reason after starting; or
6.7.2 the start of the Event is delayed for any reason on the date of the Event; or
6.7.3 the start time of the Event changes
6.7.4 the date of the Event changes.
6.8 We recommend you consider taking out suitable insurance to protect yourself, covering your entry and any expenses you will have incurred. Please check the conditions of your policy carefully to make sure it covers this scenario.
6.9 These terms and conditions do not and shall not affect your statutory rights as a consumer. For further information about your statutory rights contact Citizens advice, Consumer direct (http://www.consumerdirect.gov.uk/) or the department for business innovation and skills.
7. PARTICIPATION, EVENT SAFETY AND ENTRY TO THE VENUE
7.1 You are NOT permitted to use any of the following items in an Event:
7.1.1 any floatation or artificial swimming aid, including, but not limited to, flippers, paddles or snorkels;
7.1.2 Tow floats;
7.1.3 any mechanical or powered propulsion device or aid;
7.1.4 headphones or personal audio equipment; or
7.1.5 any item that could potentially inhibit the flow or safety of other Entrants or which we, in our reasonable opinion, deem may cause danger or risk of danger to you or other Entrants.
7.2 You are required to wear a “wrist to ankle” wetsuit, although a limited number of ‘skins’ (swimming with a “shortie wetsuit” or without a wetsuit) places are available. You are only permitted to take part as a ‘skins’ participant, if you have one of these limited places which will be available by application after your ticket purchase. If you fail to wear the appropriate attire then the Event Organiser may, without liability, prohibit you from entering the Event.
7.3 You confirm to us that you will be on the Event Date, sufficiently fit and healthy to participate in the Event unaided. If you are in any doubt we recommend that you seek medical advice. We, or our representatives, may require you to cease your participation in an Event if, in our reasonable opinion, we have concerns regarding your ability to complete the Event safely, or if you are unable to make sufficient progress in the Event to allow you to complete the Event in line with timelines set by Event officials (whether advertised or not).
7.4 The start time and location of the Event may vary and will be decided by the Event Organiser. This may depend on tides, conditions and the Entrant’s estimated swim speeds. Entrants must abide by the start times given and may not be able to take part if they arrive after their allocated start time.
7.5 Entrants will be allocated an entry number which will need to be clearly written on the Entrant’s hand. At our discretion we may also provide Entrants with wristbands stating the Entrant’s number. Each Entrant’s number is unique to the Entrant to whom it is assigned. In accepting these terms and conditions the Entrant undertakes and agrees (i) to display their official race number assigned to their registration, and (ii) not to authorise or permit any third party to use their official race number for the Event.
7.6 Each Entrant will be provided with an electronic timing chip to track their progress and record their times at the Event. The Event Organisers will not be liable in any way to the Entrant as a result of damage to or loss of the electronic timing chip and shall not be responsible in any way for any failure to provide or any failure of the technology of the electronic timing chip at the Event.
7.7 If at any time it is discovered that any Entrant is or was ineligible to participate in the Event (or if participation in the Event should have been refused for any reason whatsoever), the Event Organisers reserve the right to disqualify from/refuse entry to such Entrant to the Event. The Event Organiser shall not be liable in any way to the Entrant as a result of any such disqualification or refusal.
7.8 All Entrants take part in the Event entirely at their own risk. The Entrant hereby acknowledges their responsibility to prepare and hydrate before, during and after the Event, swim responsibly without placing themselves or others at risk and to ensure a full understanding of the Event instructions for Entrant. The Event Organiser recommends that each Entrant prepares fully for the Event including undertaking proper training, gaining sufficient experience of open water swimming, and ensuring the Entrant has enough water, clothes and food for before, during and after the Event.
7.9 No drugs, illegal substances, performance enhancing substances or intoxicants of any kind are permitted to be brought to the Event venue or used by any Entrant either before or during participation in the Event. The Entrant must abide by all Swim England doping rules, including all rules and regulations of British Swimming and FINA.
7.10 These terms and conditions are subject to any additional security, public order and safety conditions of admission to the Venue that may be issued by the Event Organiser or the relevant Venue owner from time to time (the Venue Regulations).
7.11 We (or the Venue staff) may refuse admission to the Venue or eject from the Venue without refund or compensation any Ticket Holder who:
7.11.1 is noticeably under the influence of alcohol, narcotics or any behaviour-modifying substance, or is behaving, or considered by us likely to behave, violently, harmfully or in a manner contrary to public order and/or safety;
7.11.2 brings or attempts to bring into a Venue, possesses or uses within a Venue or in the vicinity thereof any illegal or prohibited item or any objects bearing trademarks or other kinds of promotional signs and messages (of whatever nature) which we believe may be used for promotional or ambush marketing purposes;
7.1313 brings or attempts to bring into a Venue, possesses or uses within a Venue any restricted item which, in our reasonable opinion, might compromise or otherwise interfere with the enjoyment or comfort of any person at the Venue, such as, without limitation: large flags, banners and flag poles, oversized hats, large umbrellas, noisemakers such as vuvuzelas and whistles, horns, air horns, drums, rattles, and musical instruments;
7.11.4 whilst within the Venue or vicinity thereof, engages in disruptive, dangerous or violent behaviour including or harms any other person(s) in any way, or unreasonably obstructs the viewing of other Attendees;
7.11.5 enters restricted access areas or the Event Course (unless an authorised Entrant);
7.11.6 enters the Venue without a valid Ticket; or
7.11.7 brings or attempts to bring into the Venue, sells, possesses or uses within the Venue or in the vicinity thereof any sponsorship, promotional or commercial items or materials (of whatever nature) without the prior written authorisation of the Event Organiser.
7.12 You consent to medical care and transportation in order to obtain treatment in the event of injury to you and waive any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
7.13 All Entrants are required to stay on the Event Course at all times during the period of their participation in the Event. You are liable for any loss or damage suffered as a result of your failure to follow the Event Course. You will be responsible for any damage you cause to the Event Course.
8. PHOTOS AND MEDIA
8.1 The Event may be recorded and videos, photographs and other recordings may be taken, where you may be captured participating in the Event. You agree to the publication of such photographs, videos, recordings, and/or likenesses of you (whether edited, adapted, modified or copied) and their use by us and those authorised by us, without prior notice or compensation, in any way which we may see fit now or in the future including but not limited to film, broadcast, radio, TV, publications, web, email, social media, future events and publicity. You acknowledge that we have the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses of you.
8.2 You acknowledge and agree that the Event Organiser is the sole legal and beneficial owner of the copyright and any other intellectual property rights of any nature whatsoever in and to any recordings of sound or images taken within the Venue (including future rights to such recordings or to any works derived from such recordings) and waives, on an irrevocable, worldwide and perpetual basis, all rights (including moral rights) in and to any such recordings.
8.3 You hereby unconditionally and irrevocably grant to the Event organiser a perpetual, exclusive, freely assignable and royalty-free and worldwide licence to use, adapt, distribute and/or exploit, by any means and in any current and/or future form or type of media or format, any recordings taken by the Ticket holder within the Venue.
8.4 Photographs or any other recordings of sound or images taken by a Ticket holder or Attendees within the Venue may be used for personal, private, non-commercial and non-promotional purposes only.
8.5 If you don’t want us to use your photo, please tell us before the event or tell a photographer on the day.
9. LIABILITY
9.1 Subject to clause 9.2, we accept no responsibility for the loss of, theft, or damage to any property owned by or under the control of you which you bring to the Venue. You are solely and personally responsible for the safety of your belongings.
9.2 For some Events, we will transport the personal belongings of Entrants from the start point to the finish point of the Event Course or allow Entrants to store personal items at the finish point. We will not be liable for any loss or damage caused to your personal items in such circumstances. All items are left at the Entrant’s sole risk and we recommend that you obtain insurance for loss or damage to such items.
9.3 Personal arrangements including travel, accommodation or hospitality relating to the Event which have been arranged by you are at your own risk. Liability for the cancellation or rescheduling of an Event, or for material changes to an Event, will be limited to any refund as set forth in clause 6.
9.4 The Event Organiser, the Venue, Event suppliers, Event volunteers or staff, and any sponsor of an Event, will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
9.4.1 loss or damage;
9.4.2 loss of profits, sales, business, or revenue;
9.4.3 loss of anticipated savings;
9.4.4 loss of business opportunity, goodwill or reputation;
9.4.5 loss as a result of illness; or
9.4.6 any indirect or consequential loss or damage.
9.5 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 employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
9.6 To the fullest extent permitted by law, you hereby waive, release and forever discharge us, our officers, employees, agents and representatives and all other persons associated with the Event for all liabilities, claims, actions or damages that you may have against us arising out of or in any way in connection with your registration and/or participation in the Event including, without limitation, any liability or claims caused by the negligence, action or inaction of any of the above parties, or otherwise.
9.7 You agree to indemnify and hold harmless the Event Organisers, the Venue and any Event sponsor and their officers, employees, agents and representatives and all other persons associated with the Event from all liabilities, claims, actions and/or damages arising out of or in any way in connection with your participation in the Event or any breach by you of these terms and conditions.
10. USE OF DETAILS & DATA PROTECTION
10.1 Your personal data will be processed at all times by the Event Organisers in accordance with our Privacy Policy, which can be found here: https://www.levelwater.org/privacy-policy.
10.2 Our Privacy Policy sets out in more detail what personal data we collect, how we collect such data, and what we use your personal data for. Your personal data will be collected for our legitimate interests in running the Events and for the performance of our contractual obligations under these terms and conditions.
10.3 As part of the Online Registration process you will be required to input certain health related special category data. As part of the registration process we will request your consent to process such data. If you refuse to provide such consent we may refuse your entry into an Event as we require such health data as a condition of your entry to ensure we can provide sufficient health and safety resources.
10.4 You agree that personal data relating to you may be anonymised and the anonymised data may be used by us and our Event partners in connection with the compilation of statistical information and for commercial purposes. Your identity will not be able to be identified or surmised from such data.
11. FORCE MAJEURE
For the purposes of these terms and conditions, “Force majeure” means any cause beyond our control including, without limitation, weather, flood, theft of essential equipment, act of god, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, malicious damage, strike, lock out, third party injunction, national defence requirements, acts or regulations of national or local governments. We will not be liable to you for failure to perform any obligation under these terms and conditions to the extent that the failure is caused by Force majeure.
12. GENERAL
12.1. In the event that any provision of these terms and conditions is declared void, ineffective or unenforceable in any respect by any competent court in any jurisdiction, that part of the terms will be deemed to be removed from these terms and conditions and the remainder of these terms and conditions will remain in effect as if such provision had not been included.
12.2 We may make changes to these terms and conditions from time to time where we have a valid reason to do so. A full copy of the latest version of the terms and conditions (as amended, if appropriate) will be available on the Website and, upon request, from us. We shall notify Ticket purchasers of such changes via email to the Ticket purchaser’s email address as specified in the Ticket purchaser’s Online Registration if they materially affect Ticket purchasers’ rights as a consumer.
12.3 Any breach of any these terms and conditions may result in the cancellation of the Ticket, the refusal of admission to the Ticket holder to the Venue, or his/her eviction from the Venue, or a refusal to allow a Ticket holder to compete in an Event, in each case without refund or compensation in addition to any other remedy that the Event Organisers may have. No failure or delay by the Event Organisers to exercise any right (in whole or in part) under these terms and conditions shall constitute a waiver of that right, nor restrict any further exercise of that right.
12.4 These terms and conditions constitute the entire agreement between the parties and no party shall have any claim or remedy in respect of any statement, representation, warranty or undertaking, made by or on behalf of any other party in relation to these terms and conditions which is not already set out in these terms and conditions.
12.5 Any person not party to these terms and conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999.
12.6 These terms and conditions will be governed by and interpreted in accordance with English law. Any dispute arising from or in connection with these terms and conditions or a Ticket holder’s attendance at an Event will be submitted to the exclusive jurisdiction of the English courts. Notwithstanding the foregoing, the Event Organisers reserve the right to pursue any legal proceedings in a competent court in the defendant's domicile, which proceedings shall be governed by and interpreted in accordance with English law.
TERMS RELATING TO THE SALE OF MERCHANDISE
1. PRICES AND ORDERS
1.1. Your order is an offer to buy from us. If we accept your order we will contact you using the email address you have provided in order to confirm the order, at which point a contract will be created.
1.2. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
1.3. The images of the products on our Website are for illustrative purposes only. Your product may vary slightly from those images.
1.4. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you. All prices are expressed inclusive of any VAT payable unless otherwise stated.
1.5. The online store is available for non-commercial and domestic use only.
2. DELIVERY
2.1. Delivery of items purchased will be available to collect from an Event, unless we inform you in writing that we will deliver the goods to the address specified by you on the completed order form or unless you order the goods after the specified cut-off date to collect the items at an Event.
2.2. We will deliver your order to you on the date of the Event (or, if we are delivering directly to your property, on the date stated in the order confirmation). If our supply of the products 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, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
2.3. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
2.4. A product will be your responsibility from the time we deliver the product to you. You own the goods once we receive payment in full.
3. REFUNDS AND CANCELLATION
3.1. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
3.2. If you are ending a contract for a reason set out in clause 3.2 below, the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
3.2.1. we have told you about a material change to the product or these terms which you do not agree to;
3.2.2. 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;
3.2.3. there is a risk that supply or delivery of the product may be significantly delayed because of events outside our control;
3.2.4. you have a legal right to end the contract because of something we have done wrong including because we have delivered late.
3.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013)
3.3.1. For most products bought online you have a legal right, starting from the date you place your order, and ending 14 days after you receive the goods, to cancel the contract, return the goods (if delivered) and receive a refund.
3.3.2. If an item is returned to us worn, used, damaged or in an unsaleable condition, we won’t be able to give you a refund and we may have to send it back to you and ask you to cover the delivery costs. Alternatively, we (at our sole discretion) may choose to reduce your refund to reflect any reduction in the value of an item.
4. RETURNS OF ITEMS
4.1. Made-to-order event merchandise is non-returnable.
4.2. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
4.3. We will pay the costs of return:
4.3.1. if the products are faulty or misdescribed; or
4.3.2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, 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.
4.4. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
4.5. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
5. YOUR RIGHTS
5.1. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
5.1.1. up to 30 days: if your goods are faulty, then you can get an immediate refund;
5.1.2. up to six months: if your goods cannot be repaired or replaced, then you are entitled to a full refund, in most cases; and
5.1.3. up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
Last update: 25 October 2024