Terms of website use and Terms of sale
1. Introduction
Welcome to the www.palmhouse.org.uk website ("Site").
This Site is owned and operated by Sefton Park Palm House Preservation Trust (a company limited by guarantee, company no. 03272897), trading as palmhouse.org.uk (VAT number: 765352711). Sefton Park Palm House Preservation Trust is a registered charity, no. 1059957. We strive to offer all our customers a reliable and excellent level of service.
If you have any queries or comments please contact us at info@palmhouse.org.uk or write to us at Sefton Park Palm House Preservation Trust, Sefton Park, Liverpool, Merseyside L17 1AP.
Visitors to this Site are bound by the following terms and conditions, so please read these carefully. We may change these terms and conditions from time to time and so you should check them each time you revisit the Site.
2. Notice For Site Visitors Located Outside the United Kingdom
This Site is directed solely at persons who access this Site from the United Kingdom. We do not represent that the materials on this Site are appropriate or available for use in other locations, and accessing this Site from certain locations outside the United Kingdom may be illegal and prohibited. If you access this Site from a location other than the United Kingdom, you do so at your own initiative and we are not responsible for your compliance with any applicable local laws. You may not access or use this Site if it is prohibited by any such local laws.
3. Definitions of words used
In these terms of use:
"Contract" means a contract between you and us for Goods sold to you by us through this Site, formed as set out in these terms and governed by and subject to these Terms;
"Goods" means goods sold to you by us though this Site from time to time;
"Site Material" means any material (in whatever medium) published on this Site; and
"Terms" means these terms of website use and terms of sale.
"we", "us" , "our" or "Palm House" or "palmhouse.org.uk" means Sefton Park Palm House Preservation Trust.
4. Purchase of Goods from the Site
4.1 Please read these terms and conditions carefully before ordering any Goods from our site. You should be aware that by ordering any of our Goods, you agree to be bound by these terms and conditions.
4.2 Any Contract may only be concluded in English.
Order Process
- 4.3 Please browse the Site and select the Goods you would like to purchase clicking on the "Buy Now" button. The Goods will be added to your Shopping Cart. When you have finished selecting Goods you would like to purchase, please click on "Checkout" link at the top of the web page.
- 4.4 To order Goods from the Site you must first register your details. You can register at any time by clicking on "My Account" at the top of the Site's web page [or the Site will ask you to register your details when you click on "Checkout"]. If you have already registered your details, you must sign in to the Site before purchasing any goods. If you have not already signed in, you will be asked to do so when you click on "Checkout".
- 4.5 The ordering process requires you to complete three steps:
- 4.5.1 Firstly you will need to confirm the delivery information shown on screen or amend the information as required (for example you may be sending the Goods to a friend or relative as a present).
4.5.2 Secondly, you will be asked to input your payment details.
4.5.3 Finally you will shown a summary of all the information you have provided. If the details are correct and you wish to proceed, please click the button "Confirm Details".
- 4.5.4 If the transaction has processed correctly you will see a confirmation page saying "Your Order Has Been Processed!". If you do not see the confirmation page or you encounter any error message, please do not resubmit your order, please call us on telephone number 0151 726 9304 between 9:00 and 17:00 [Monday to Friday].
4.6 Your order is an offer to purchase the Goods which we can accept or refuse at our discretion. No legally binding agreement will exist between you and palmhouse.org.uk until we confirm acceptance of your order by sending an email to the email address you provide in the purchase process confirming that the Goods have been dispatched (the "Dispatch Confirmation"). The Contract between us will only be formed when we send you the Dispatch Confirmation. If your item is not in stock, we will inform you of this by email with the option to cancel or wait until the item is back in stock, as appropriate.
- 4.7 The Contract will relate only to those Goods confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
5. Delivery
- 5.1 We will arrange a carrier who will deliver the Goods you have ordered to the address given at the time you make your order.
- 5.2 Delivery of Goods will be made as soon as possible after your order is accepted. All delivery times quoted are estimates only, based on availability, normal processing and delivery companies. You will become the owner of the Goods and risk in the Goods will pass to you when the Goods are dispatched to you from our premises.
6. General
- 6.1 The Contract will be deemed to have been concluded in the United Kingdom.
- 6.2 Neither the Palm House nor anyone else who has been involved in the creation, production or supply of the Goods shall be liable for any damages (including without limit direct, indirect, consequential or incidental damages loss of business profits or information business interruption or any other financial loss), arising out of the use or inability to use the Goods or from errors or deficiencies in them whether caused by negligence or otherwise except as expressly provided herein (even if the Palm House has been advised of the possibility of such damages).
- 6.3 Nothing in the Contract shall exclude or limit the liability of the Palm House for death or personal injury resulting from the negligence of the Palm House, for fraudulent misrepresentation, under section 2(3) of the Consumer Protection Act 1987 or under section 2 of the Supply of Goods and Services Act 1982 nor shall this Contract affect the statutory rights of consumers. If you are unsure of your statutory rights you should contact your local Citizens Advice Bureau.
- 6.4 If any exclusion in the Contract is held to be invalid and we become liable for loss or damage that may lawfully be limited then such liability shall be limited to the amount paid by you for the Goods.
- 6.5 If we are prevented or delayed in or from carrying out our obligations under the Contract as a result of something beyond our reasonable control such as but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, weather, flood, fire or explosion, natural or local emergency, we will not be liable for this.
- 6.6 English law will apply to the Contract and the English courts will have exclusive jurisdiction.
7 Price
- 7.1 The price of any Goods will be as quoted on our Site from time to time, except in cases of obvious error.
- 7.2 All prices include VAT at the appropriate rate but exclude delivery costs which will be added to the total amount due as set out in our Delivery Tariff.
- 7.3 The price will be confirmed at the time you request us to provide any of the Goods. Price information (including information about special offers) is subject to change without notice unless we have already sent you a Dispatch Confirmation.
- 7.4 Unless otherwise agreed in writing by palmhouse.org.uk all amounts are payable in pounds sterling.
- 7.5 The price is payable on-line in advance by debit or credit card. We accept most major credit cards. Alternatively, if you have problems processing your order through our Site, please telephone us on 0151 726 9304 between the hours of 9:00 and 17:00, Monday to Friday, and we will process your payment over the telephone. [We regret that we cannot accept cheques or cash as payment.]
8 Unauthorised Use of Credit Cards
- We will take reasonable care to keep the details of your order and credit card information secure, but unless we have been negligent or fraudulent we will not be liable for any losses you may suffer as a result of unauthorised access by a third party to information transmitted by you when accessing or using this Site. Many credit card issuers will cover liability arising from unauthorised use of your credit card or may limit your liability to a fixed sum (eg £50).] To ensure the security of your transaction, we use Secure Socket Layer (SSL) technology. This means that on any page where you enter personal information such as credit card details, the information sent to us is encrypted to safeguard your details. (Encryption prevents other internet users from accessing this information.) We only accept orders that are placed using this technology.
You can check that you are shopping in a secure environment by looking for either a locked padlock icon (Internet Explorer and Firefox) or an image of a key (Netscape) in the grey bar at the bottom of your screen. (This will only appear on pages where you enter personal information, such as credit card details.)
9 Cancellation rights
- 9.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy (set out in paragraph 10 below).
- 9.2 To cancel a Contract, you must inform us in writing. You must also return the Good(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
- 9.3 Further details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
Our refunds policy
- 10.1 If you return Goods to us:
- 10.1.1 because you have cancelled the Contract between us within the seven-day cooling-off period (see paragraph 9 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Goods in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
- 10.1.2 because you claim that the Goods are defective or we have delivered Goods to you in error, we will examine the returned Goods and if you have a valid claim we will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Goods. Goods returned by you because of a defect or Goods supplied in error will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
- 10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11 Restrictions on Under-Age Use
- The part of the Site where you can order Goods is for use by people aged 18 and over. If you are aged below 18 you may not order Goods from the Site. We would therefore suggest that you ask a parent or guardian to assist you.
12 Information Provided By You
- You agree that any information you provide to us about yourself is at all times true, current, accurate and complete. If it is not or we reasonably suspect it is not true, current, accurate and complete then we shall be entitled to terminate the Contract or suspend the delivery of the Goods until such time as we determine.
13 Privacy
- Please read Our Privacy Policy Statement.
14 Intellectual Property Rights
- 14.1 All intellectual property rights in the design, content and arrangement of this Site, its text and graphics, all software compilations or underlying source code, and all other material on this Site are reserved to palmhouse.org.uk or its content and/or technology providers.
- 14.2 palmhouse.org.uk and all other names, images, pictures, logos and icons identifying palmhouse.org.uk or its Goods are, unless otherwise stated on this Site, trade marks or trade names of the Palm House. Other product and company names mentioned on this Site may be trade marks of their respective owners.
15 Use of Site Content
- 15.1 You are welcome to access any part of the website and print off a copy of any or all of the pages for your own personal reference.
- 15.2 If you wish to provide a hypertext or other link to this Site, please contactus (insert link to email) with details and we will consider you request, at our discretion.
- 15.3 You may not reproduce, modify or in any way commercially exploit any of the Site Material except as set out in the paragraph above. Without limiting the general principle in the previous sentence, the following activities are prohibited unless you obtain our prior written consent:
- 15.3.1 modifying, selling, re-publishing or redistributing the Site Material
- 15.3.2 removing any copyright or trade mark notices from copies of the Site Material
- 15.3.3 downloading or printing the Site Material in a systemic or regular manner so as to create a database in electronic or paper form comprising all or part of the Site Material.
16 Specific Prohibitions
- 16.1 You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site nor may you attempt to decipher, de-compile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any of the Site.
- 16.2 You agree to use the Site for lawful purposes only and in a manner that does not infringe the rights of, or restrict the use of the Site by, any third party.
17 Amendments to the Site Material
- We may from time to amend, modify or improve the Site Material with or without notice. We may also suspend the operation of the Site for support or maintenance work. We apologise in advance for any inconvenience this may cause.
- We reserve the right to terminate access to this Site at any time and without notice.
18 Website content and links
- 18.1 We have exercised reasonable care in preparing the Site Material. We do not represent or warrant that the information on this website is accurate, reliable, complete or current. We advise you to verify the accuracy of any information on the website before relying on it.
- 18.2 This Site may include links to external websites. These links are provided to help you to quickly and easily find relevant websites, services and/or products which may be of interest to you. Also, you may have linked to this Site from an external website. We are not responsible for the owners or operators of any of these websites nor for any goods or services they supply nor for the content of their websites. We do not give or enter into any conditions, warranties or other terms or representations in relation to any of these websites nor accept any liability in relation to any of these websites.
19 Disclaimer
- To the fullest extent permitted by law this Site and its contents is provided by the Palm House on an "as is" and "as available" basis and no representations or warranties of any kind are made (and they are expressly disclaimed) with respect to this Site or its contents including, without limit, warranties of merchantability and fitness for a particular purpose. Further, the Palm House does not represent or warrant that:
- 19.1 the service will meet your requirements;
- 19.2 the service will be uninterrupted, timely, secure, or error-free; or
- 19.3 any results obtained from using the service will be accurate, complete or current.
20 Data Protection
- Personal details provided to the Palm House through this website will only be used in accordance with Our Privacy Policy. Please read this carefully.
21 Palm House Guest Book/Email facility
- 21.1 The Site may invite you to let us know your thoughts on the Palm House. By submitting these messages you are granting permission for us to use, edit, modify, copy, distribute, transmit, publicly display, reproduce, publish or transfer such messages and to allow others to do the same. Messages will be posted on the Site at Our discretion.
- 21.2 Please do not submit messages which contain any material that:
- 21.2.1 breaches any intellectual property rights or is subject to any obligation of confidence; and
- 21.2.2 is obscene or pornographic, threatening, menacing, racist, offensive, defamatory or otherwise unlawful.
- 21.3 We do not monitor the Guestbook, but we reserve the right to:
- 21.3.1 monitor remove or edit any messages or to block your access to the Site, at our sole discretion; and/or
- 21.3.2 disclose any information as required by law; and/or
- 21.3.3 take such other action as may be reasonably necessary to prevent any breach of these Terms and conditions or any breach of applicable law or regulation.
- 21.4 Please also note that all messages posted on the Guest book represent the views of the individual who posted such communication and are not necessarily to be taken as the views of the Palm House.
We recommend that you print or save a copy of these terms of use for your records.
