Terms & Conditions
TERMS
1. Application
1.1 These terms and conditions (together with the documents referred to within) (the Terms) govern the basis on which you order Products (as such term is defined below) from us and we supply the Products to you. All other terms of business, including any that you may send to us when placing an order for Products are excluded.
1.2 Please read the Terms carefully before ordering any Products. By ordering any of our Products, you agree to be bound by the Terms. You should print and retain a copy of the Terms for future reference.
2. Definitions
2.1 In the Terms, we use the following definitions:
Product means all products, including without limitation, trophies, certificates or packs (such as elite or celebration packs) offered for sale on the Site from time to time.
Site means any online store we operate.
we, us or ourmeans Ascential Events (Europe) Limited registered in England under company number 07814172 with registered office 2nd Floor, 81-87 High Holborn, London, WC1V 6DF. Our VAT number is 486 4004 42.
you means you, if you are placing an order in a personal capacity, or the company, business or organisation on whose behalf you are placing an order as the case may be.
2.2 Words relating to the singular also include the plural, as the context may require, and vice versa.
3. How the contract of sale is formed between you and us
3.1 These Terms apply to this contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
3.2 By placing an order through the Site, you warrant that: (a) you are legally capable of entering into binding contracts; (b) are at least 18 years old; and (c) if placing an order on behalf of a company, business or organisation you are fully authorised and empowered to do so.
3.3 An order placed by you constitutes an offer to buy a Product. The contract between you and us will only be formed when we dispatch the Product to you.
3.4 All Products are subject to availability. If the Product you wish to order is unavailable we will send you an email to cancel your order and will refund to you any monies paid.
Again, we shall have no liability to you if we cancel your order under this paragraph.
3.5 We try to display the colours of our Products accurately on the Site. However, the actual colours you see will depend on your device and we cannot guarantee that your device's display of any colour will accurately reflect the colour of the Product on delivery.
4. Eligibility
4.1 Before we dispatch any Product we may carry out internal checks to confirm that you are eligible to purchase a particular Product. If we are unable to verify your eligibility, we may contact you to seek further information. If we still cannot verify your eligibility to purchase a Product, we will send you an email to cancel your order and will refund to you any monies paid. We shall have no liability to you if we cancel your order under this paragraph.
4.2 Unless permitted by us, certain Products, such as elite or celebration packs, may only be purchased by the entrant for the work to which the pack relates.
4.3 You must provide the details necessary to personalise the certificates in the elite pack. If you do not, then a traditional certificate will be dispatched. Certificates may be personalised after an order has been placed (but before they are dispatched) for an additional charge.
5. Price and Payment
5.1 The price of each Product is that set out on the Site from time to time, except in cases of obvious error. The price excludes any applicable VAT and delivery costs, which will be added to the total amount due.
5.2 We reserve the right to alter prices at any time, but changes will not affect orders once we have received payment.
5.3 No Product will be dispatched without full payment in cleared funds being received by us.
There are two ways to pay:
(a) Card payments will be taken on the Site during the order process. Prices are in Euro
(€) but will be converted to your local credit card billing currency by the credit card bank processor at its then current rates.
(b) If you wish to pay by bank transfer, we will provide you with a pro-forma invoice,
due and payable immediately with a receipted invoice to follow once payment has been received.
You must send us a copy of your instruction to your bank so that we can track the arrival of your payment. This helps us to ensure your Products are dispatched promptly. You are responsible for paying any bank fees which may be deducted from your payment and we reserve the right to delay the dispatch of your Products until full payment is made.
5.4 We reserve the right to alter prices for Products at any time, but changes will not affect orders once we have received payment.
6. Delivery
6.1 We will use reasonable commercial endeavours to deliver the Products in accordance with the estimated delivery times on the Site, but reserve the right to extend or shorten the delivery times at our sole discretion, for any reason, including but not limited to the capacity of our suppliers.
If we advise you of a delay to the estimated delivery time, you agree that this will not mean that you can cancel an order.
6.2 If you order a personalised Product such as a trophy or a certificate, we check that you, or the person you are ordering the Product for, are entitled to the Product in accordance was set out in clause 4 above and we then arrange for the Product to be made and personalised. This takes some time, so please note the delivery times for these Products.
6.3 We will use reasonable commercial endeavours to deliver your Products together but we reserve the right to deliver products, including packs, by instalment.
6.4 You are responsible for all delivery details that you provide to us, including but not limited to any authorised importer reference or code. We are not responsible if Products are dispatched by us but are delayed or not delivered because of any errors or omissions in the delivery details you have provided.
6.5 Please note that we are unable to deliver trophies constructed in glass. All glass trophies must be collected, at your expense, within two (2) weeks of notification from us to you. We are not responsible for any glass trophies collected after that date.
7. Cancellations
7.1 Cancellations of a paid for order may only be made in accordance with this Clause 7.
7.2 Except where noted in clause 7.3 below, if you ordered Products as a consumer (and not in the course of your trade, business, craft or profession) you may cancel an order within fourteen (14) days of receipt of the Products by sending an email to us at merchandise@canneslions.com.
You must return the Product (at your expense and risk) within fourteen (14) days of your notice of cancellation to the Merchandise Team, Ascential Events, Arch 370 - 372, Geffrye Street, Hoxton, E2 8HZ . We strongly recommend that you send your Products back to us via a recorded post service and obtain a certificate of posting. You must pay the cost of returning the Product to us including all import duties and taxes in accordance with clause 10 below. We will not refund you if we do not receive the returned Products. Please also make sure you package the Products appropriately to avoid damage. We will refund you the price paid for the Products and, provided the whole order is cancelled, the delivery charges, within fourteen (14) days of receipt of the returned Products. If you do not return the Products or you do not pay the costs of returning them to us, we shall be entitled to deduct the direct costs of recovering the Products from the amount to be refunded to you.
7.3 You have no right to cancel an order for personalised Products such as certificates and trophies except as set out in clause 8.
7.4 If you ordered Products in the course of your trade, business, craft or profession you have no right to cancel your order except as set out in clause 8.
7.5 We reserve the right to cancel your order if (a) we have insufficient stock to deliver the products you have ordered; (b) we do not deliver to your area; (c) you have not paid the full price for your order of Products; and/or (d) one or more of the Products you ordered was listed at an incorrect price due to a typographical error. If we do cancel your order we will notify you by e-mail and will refund to you any sums paid by you within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
8. Defective Products
8.1 Products are at your own risk from the time of receipt. If we deliver a Product to you that is damaged, defective or not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund. Any request for repair, replacement or refund must be made within thirty (30) calendar days of receipt of the item. If you require a replacement of a damaged or defective personalised Product, please note the delivery times for such Products.
9. Our liability
9.1 We warrant to you that any Product purchased through the Site is of satisfactory quality, as described and fit for purpose. Many of our Products are hand crafted and natural variances should be expected in the colour and finish of these Products, which add to the unique quality of the Products. We are not responsible for any such variations.
9.2 Nothing in the Terms limits in any way our liability (a) for death or personal injury caused by our negligence; (b) under section 2(3) of the Consumer Protection Act 1987; (c) for fraud or fraudulent misrepresentation; (d) for any other liability that cannot lawfully be excluded.
9.3 Subject to clause 9.2, our liability for any breach by us or negligence under the Terms is limited to direct damages and shall not exceed the purchase price of the Product that is the subject of the claim.
9.4 We are not responsible for any problems or damage to any computer hardware, software or network owned, licensed or used by you, howsoever caused as a result of accessing the Site.
10. Import Duty and applicable laws
10.1 Products for delivery outside the UK may be subject to additional charges such as import duties and taxes, which are levied once the Products reach the specified destination. We have no control over these charges and cannot predict what they may be. You are responsible for payment of such charges and so we recommend that you contact the local customs office for further information as to the amount of such charges (if any). Please also note that Products for delivery outside the UK may be opened and inspected by customs authorities.
10.2 If you fail to pay any charges described in clause 10.1 above, and your Product is impounded or destroyed, you agree that we have no liability and are not bound to replace any such Product or refund the cost of such Product. Should any Product be returned undelivered to us for any reason, we are not obliged to cancel your order, refund the cost of the Product or to pay further shipping charges. You will be responsible for contacting us to arrange redelivery and for meeting the costs of redelivery in full prior to us resending your order.
10.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
11. Written communications
11.1 Applicable laws require that some communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. Notices
12.1 All notices given by you to us must be sent to merchandise@canneslions.com or to our registered address by pre-paid recorded delivery post. We may give notice to you at either the e-mail or postal address you provide to us when placing an order.
12.2 Notice will be deemed received and properly served, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address and no notification of non-delivery was received.
13. Transfer of rights and obligations
13.1 You may not transfer, assign, charge, sub-contract or otherwise dispose of your rights or obligations under the Terms.
14. Events outside of our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms that is caused by events outside our reasonable control, including without limitation, strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, ash cloud, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport for any reason, or other means of public or private transport, impossibility of the use of public or private telecommunications networks or the acts, decrees, legislation, regulations or restrictions of any government, pandemic or epidemic (a "Force Majeure Event").
14.2 Our performance under the Terms shall be deemed to be suspended for the period that the Force Majeure Event continues, and you agree that we may have an extension of time for performance for the duration of that period. We will use reasonable commercial endeavours to find a solution by which our obligations under the Terms may be performed despite the Force Majeure Event.
15. Our right to vary the terms
15.1 We reserve the right to amend the Terms from time to time and will post the amended terms on the Site.
15.2 You will be subject to the Terms in force at the time that you order any Product. Should any change to the Terms be required by law or governmental authority after you place an order but before the Products are dispatched to you, we will notify you of the relevant change to the Terms in writing and, unless you notify us to the contrary within (7) seven days of receipt of such notice, you will be deemed to accept such amended terms. Should you notify us that you do not accept the amended terms, we will cancel your order and refund any monies paid to us.
16. General
16.1 Failure at any time to demand strict performance of any of the undertakings, terms and conditions set out in the Terms shall not be constituted as a continuing waiver or relinquishment thereof.
16.2 A person who is not a party to the Terms has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any provisions of the Terms.
16.3 Please see our Privacy Policy for information on how we collect and handle your personal information.
16.4 If any provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed that provision will be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remainder of these Terms will remain valid and enforceable.
16.5 The Terms are governed by English law. Any dispute or claim arising out of or in connection with the Terms will be brought in the exclusive jurisdiction of the English courts subject to any consumer rights you may have to bring proceedings in your home territory.
Last updated January 2024