SHOP TERMS AND CONDITIONS

Website Supply Terms

These terms set out the basis on which we will supply items from our shop to you (whether on sale or offered on a complimentary basis), so please read them carefully.

We may amend these from time to time, and the changes will take effect from the time we publish the revised terms. However, the amended terms will not apply to any orders that we have already accepted before this date.

These terms should be read alongside, and are in addition to The War Horse Memorial Website Terms and Conditions, Privacy Policy, and Cookie Policy, which apply when you use our websites (the “Sites”). Please read all these terms carefully before placing an order from us or using the Sites. If you do not agree to these terms, you may not place an order with us or use or access the Sites.

If you have any questions about these terms, please contact us to discuss these before placing your order.

You can contact us in the following ways:

Our Products and Age Restrictions

We try to ensure that all items displayed on our website are in stock and available to order. However, where items are temporarily unavailable for any reason, we will endeavour to indicate this on the website.

We try to ensure that our products match the images and descriptions on our website, although sometimes there may be slight differences in size, colour and design.

We sell or make available a range of products on this website, including products for children. However, to order items from this website, you must be at least 18 years old or under the supervision of a parent or legal guardian. We do not sell or make available products to children.

Please note that we may withdraw items from sale or supply in the event we run out of stock or for any other reason. We may do this at any time and without notice.

Ordering an item

Your order is only accepted by us (and a contract formed) when we send you an email notifying you that your item(s) have been dispatched. Any products on the same order which are not referenced in our dispatch e-mail do not form part of that contract. 

If we cannot supply you with some or all the items you have requested for any reason, we will contact you and explain your options. If we cannot supply you with the product or service you ordered, we will inform you of this by email and where payment has already been taken, we will refund you. We may not be able to accept your order as a result of one of the following:

  • the product you ordered being out of stock;

  • we are unable to obtain authorisation for your payment;

  • we have identified a pricing or product description error;

  • you have asked us to deliver your order to a location outside of the EU to which we do not offer delivery; or

  • you have attempted to use a voucher or special offer more times that is permitted, or in a fraudulent way.

If you wish to change your order at any time, please let us know as soon as possible. We will try our best to accommodate your request, but this may not always be possible. If we can’t make the change you require, or we have already sent your item(s) to you, you may consider cancelling your order (see “Cancelling your order” below).

Price and Payment for items on sale

All prices displayed on our website are in pounds sterling, and inclusive of VAT. All applicable delivery charges are also displayed with each item.

We may change the price of items at any time, but the price you will be asked to pay is the price displayed on the website when you place your order. However, while we try to ensure that the prices shown on our website are up-to-date and correct, occasionally errors do occur:

  • if we notice this before we have accepted your order, we will contact you to confirm whether you wish to purchase the relevant item at the correct price, or cancel your order;

  • if we have already accepted your order before noticing this mistake, we may still cancel your order if the error was an obvious one that you could reasonably have recognised as a mistake and you do not want to pay the correct price.

For orders placed via our website, we accept Visa, Mastercard, Maestro, American Express and JCB cards. We also accept payment via PayPal. All card payments are subject to authorisation by your card issuer. However, if we do not receive your payment and you have already received the products ordered from us, you must pay for the products or return the products ordered from us in accordance with reasonable return instructions that we provide and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the products at your expense

You will own the item(s) you have ordered once we have received payment in full, but we will remain responsible for it until we have delivered it to the address you gave us when placing your order.

Your Personal Information

We use the personal information you provide to us in order to supply the item(s) you have ordered to you and to process your payment. 

With your consent, we will contact you to let you know about products, offers and discounts as well as, the progress War Horse Memorial is making and to ask for financial and non- financial support.

All personal data held by us or on our behalf is held in accordance with our Privacy Policy.

Our liability to you

We are responsible for any foreseeable loss or damage you suffer that is caused by our breach of these Terms or our negligence. Loss or damage is foreseeable if it is obvious it will happen, or if both parties knew it might happen at time the contract was formed.

We do not in any way seek to exclude or limit our liability to you where it would be unlawful to do so, including for:

  • death or personal injury caused by our negligence;

  • fraud or fraudulent misrepresentation;

  • any breach of your statutory rights under sections 9-11, 13 and 14 of the Consumer Rights Act 2015 (i.e. items must be of satisfactory quality, fit for purpose and match any description, samples and/or model provided); or

  • defective products under the Consumer Protection Act 1987

We only supply items for domestic and private use. You agree not to use items ordered from this website for any commercial, business or resale purposes, and therefore we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

General

This online shop is operated by The War Horse Memorial a Community Interest Company (CIC) government approved and a fully regulated business vehicle that has been specifically designed to assist those looking to provide a benefit to communities. A CIC is a company whose primary purpose is one of community benefit rather than private profit. To quote the CIC Regulator ‘community benefit is always at the heart of any CIC.’ The company was incorporated on February 16, 2017 for the purpose of raising funds for War Horse Memorial. The company registered number is 10624199.

These terms are governed by the laws of England and Wales, and the English courts shall have exclusive jurisdiction in all disputes arising out of these terms and any item(s) ordered from this website.

If a court finds any part of these terms unlawful or unenforceable for any reason, this shall not affect the rest of the terms which will remain valid and enforceable.

This contract is between you and us. Nobody else has any rights under or in respect of these terms.

Even if we delay in enforcing any of these terms, we can still enforce them at a later time. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of any breach, it will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

These terms and conditions do not in any way affect your statutory rights.