Terms of sale:
1 Introduction
These terms and conditions of sale (referred to below as “Terms of Sale”) relate to Loyalty Cards purchased by you and activated through this website www.whatsonstalbans.co.uk (referred to below as the “Site”) or purchased through one of our authorised representatives (please click for a list of authorised representatives). The Terms of Sale should be read in conjunction with the Terms of Use, Privacy Policy and Collection Notice which shall also apply. You should understand that by activating your Loyalty Card on the Site or purchasing from a representative, you agree to be bound by the Terms of Sale. Please understand that if you refuse to accept the Terms of Sale, you will not be able to activate the Loyalty Card.
2 Definitions
2.1 In this Terms of Sale unless the context otherwise requires the following words shall have the following meanings:
2.1.1 “Loyalty Card” means the What’s On Harpenden loyalty card which offers discounts and special offers to all registered users through our Promotional Partners. The Loyalty Card lasts for 1 year and must be renewed annually.
2.1.2 “Promotional Partners” means any business, affiliate, sponsor or commercial enterprise or other participants in any discount or offer scheme that may be available to you offering products and/or services whether through the use of the Loyalty Card or otherwise. For the avoidance of doubt Promotional Partners shall not deem What’s On Harpenden to be a partner, agent, representative or joint venture in a legal context of such a Promotional Partner.
3 Information about us
The Site is operated by What’s On Harpenden
4 Your Status
By ordering a Loyalty card, you warrant that you are a resident of United Kingdom & Ireland, not acting in a business capacity and are legally capable of entering into binding contracts and that you are at least sixteen years old.
5 Formation of the contract
5.1 These Terms of Sale apply to all Loyalty Cards purchased by you whether you have purchased through the Site or through our authorised representatives.
5.2 The purchase of your Loyalty Card and the contract with you is conditional upon successful activation of the Loyalty Card and, therefore, no contract exists between you and the Company for the sale of any Loyalty Cards until the Company has received and accepted your order and sends you confirmation in writing or by email to the address or email address you have given. Once the Company does so, there is a binding legal contract between you and the Company for 1 year.
5.3 The contract is subject to your right of cancellation (see below).
5.4 The Company may change these Terms of Sale without notice to you in relation to future sales.
6 Price & Payment
6.1 The price of the Loyalty Cards ordered through the Site will be as shown on the Site at the time you place your order.
6.2 The price of the Loyalty Cards purchased through one of authorised representatives will be at the price stated on the Website. Please contact us at info@whatsonstalbans.co.uk if this is not the case.
6.3 The price of the Loyalty Cards are inclusive of VAT.
6.4 Payment for the Loyalty Cards and postal/delivery charges (if appropriate) can be made by any method shown on the Site at the time you place your order.
7 Delivery & Risk
7.1 The Loyalty Cards you order will be posted to the address you give when you place your order, except that we will not post outside the United Kingdom and Ireland.
7.2 Every effort will be made to deliver the Loyalty Cards as soon as possible after your order has been accepted, and in any event within 30 days of your order. However, the Company will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case, the Company will inform you as soon as possible.
8 Your right of cancellation
8.1 Where you have placed your order through the Site, you have the right to cancel the contract at any time up to the end of seven (7) working days after you receive the Loyalty Card (see below) unless you commence using it. A working day is any day other than weekends and bank or other public holidays.
8.2 To exercise your right of cancellation under clause 8.1, you must give written notice to the Company by post, fax or email, at the address, fax number or email address shown below.
8.3 If you exercise your right of cancellation under 8.1 after the Loyalty Card has been delivered to you, you will be responsible for returning the Loyalty Card to the Company at your own cost. The Loyalty Card must be returned to the address shown below by recorded delivery. You must take reasonable care to ensure the Loyalty Card is returned to the Company in its original condition and not damaged in the meantime or in transit.
8.4 In accordance with clauses 8.1 and 8.2 once you have notified the Company that you are cancelling the contract, the Company will refund or recredit you within 30 days for any sum that has been paid by you or debited from your debit card or credit card for the Loyalty Card.
8.5 Please note this clause 8 does not apply where you have purchased your Loyalty Card through one of our authorised representatives. You may have a right to cancel under that contract but you will need to contact the authorised representatives directly for details of their refund policies.
9 Our right of cancellation
9.1 The Company reserves the right to terminate your Loyalty Card or decline to issue a Loyalty Card if in its reasonable opinion the Company believes the Loyalty Card is being or will be used;
9.1.1 in a manner contrary to these Terms of Sale,
9.1.2 in a dishonest manner,
9.1.3 to abuse or attempt to abuse the Loyalty Card or the Company and/or
9.1.4 against the spirit and intention of the Loyalty Card.
9.2 The Loyalty Card will only last for one year and if you do not renew it, we will cancel your Loyalty Card and you will not be able to take advantage of any offers, discounts and promotions through our Promotional Partners.
10 Liability
10.1 If the Loyalty Card supplied to you is damaged or you have any other complaint about the Loyalty Card, you should notify the Company in writing at the address, fax number or email address shown below. Your statutory rights are not affected.
10.2 The Company will not be liable for any failure to perform or delay in performance of, any of our obligations under a contract that is caused by events outside our control.
10.3 All offers and discounts with participating companies and businesses are subject to availability and on the standard terms and conditions of the business, supplier or company offering the discounts and offers. Details of all discounts from time to time available will be shown on the Site.
10.4 The Company will not be liable for any offers or discounts which have been withdrawn by a third party at any time after you have purchased or activated the Loyalty Card.
10.5 Loyalty Cards cannot be used in conjunction with offers our discounts with any other card scheme.
10.6 Please note that we do not accept any responsibility for the loss or damage to your Loyalty Card.
10.7 If you take advantage of any discounts, offers, promotions, or are involved with any businesses in relation to a offer, deal, promotion etc found on or through the Site, including but not limited to payment and delivery of goods or services, any other terms and conditions, warranties or representations associated with such transactions are solely between you and the providers of the offers, discounts, promotions etc. You agree that we shall not be liable for any loss or damage of any sort incurred as a result of any such dealings, or as the result of the presence of such offers, discounts, promotions etc.
11 Data protection
11.1 The Company will take all reasonable precautions to keep the details of your order and payment secure in accordance with our Privacy Policy, but unless the Company is negligent or is breaching the Data Protection Act 1998, the Company will not be liable for unauthorised access to information supplied by you.
11.2 The Company will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. The Company would like to notify you of products and offers that may be of interest to you from time to time. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to the Company.
12 General
12.1 The Loyalty card can only be used with participating promoters who may from time to time offer discounts or other offers in conjunction with the Loyalty Card.
12.2 The Loyalty Card is only for consumer use and cannot be used in conjunction with any business or commercial objectives.
12.3 The Company is not an agent, in partnership or authorised representatives of any participating promoters.
12.4 The company reserves the right to assign the terms of this agreement to a third party but you may not assign your obligations.
13 Applicable law
These Terms of Sale and the supply of the loyalty cards will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.