The Caravan Club limited
Terms & conditions in respect of the sale of goods
These Terms and Conditions set out how the relationship between
You and The Caravan Club will operate in regard to the purchase by
You of the goods sold by The Caravan Club on The Caravan Club
Online Shop Website.
Please read these Terms and Conditions carefully.
You may have other rights granted by law and these Terms and
Conditions do not affect such rights.
1 The Parties
1.1 The Caravan Club Limited is a company limited by guarantee
registered in England (Company Number: 00646027) a company limited
by guarantee (Registered in England No 00646027). The registered
office and correspondence address is East Grinstead House, London
Road, East Grinstead, West Sussex, RH19 1UA.
1.2 You are the other party to these Terms and Conditions and
will enter Your identification details into the Order Form.
2 Contact Information
2.1 If You have any questions about Your order or You would like
to return any Goods purchased in accordance with these Terms and
Conditions, please write to, East Grinstead House, West Sussex RH19
1UA, telephone us on 01342 327 410 or email us
onenquiries@caravanclub.co.uk.
2.2 If You would like any information about The Caravan Club and
its activities, You can contact us by telephone on 0134 326 944 or
email enquiries@caravanclub.co.uk. You can also write to the
Caravan Club at East Grinstead House, West Sussex RH19 1UA.
3 Definitions and Interpretation
3.1 In these Terms and Conditions the following words and
phrases shall have the following meanings:
'1998 Act' means the Data Protection Act 1998;
'Carrier' means the organisation contracted to deliver the Goods
You have Ordered to the address specified in the Order Form;
'Goods' means any products (including but not restricted to gift
vouchers) ordered by You from the Caravan Club Online Shop
Website;
'Order' means each separate order for Goods made by You from The
Caravan Club Online Shop Website;
'Order Form' means the electronic form available on the Caravan
Club Online Shop Website which shall be used by You to Order the
Goods offered for sale on The Caravan Club Online Shop Website;
'Order Number' means the reference number that you will receive
from the Caravan Club when you complete the payment of your Order
through The Caravan Club Online Shop Website;
'Personal Data' shall have the same meaning as in the 1998
Act;
'Terms and Conditions' means these terms and condition under
which You agree to purchase the Goods;
'The Caravan Club Online Shop Website' means the website located
at the domain name www.caravanclub.co.uk/Shop/;
'Working Day' means a day between Monday and Friday which has
not been designated as a public holiday in England and Wales by the
UK Government or a day designated as a public holiday in the
country to which the Goods are being delivered by the government of
that country.
'You' means the other party to these Terms and Conditions and
'Your' shall be construed accordingly.
3.2 All references to a statutory provision shall be construed
as including references to:
3.2.1 any statutory modification, consolidation or
re-enactment;
3.2.2 all statutory instruments or orders made pursuant to it;
and
3.2.3 any statutory provision of which it is a modification,
consolidation or re-enactment.
3.3 Except where the context otherwise requires:
3.3.1 words denoting the singular include the plural and vice
versa;
3.3.2 words denoting any gender include all genders;
3.3.3 words denoting persons include firms and corporations and
vice versa.
3.4 Unless otherwise stated, a reference to a clause, sub-clause
or Schedule is a reference to a clause or a sub-clause of, or a
Schedule to, these Terms and Conditions.
3.5 Clause headings are for ease of reference only and do not
affect the construction of these Terms and Conditions.
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4 Application of these Terms and Conditions
4.1 These Terms and Conditions shall apply to the exclusion of
all other terms and conditions (including any terms or conditions
which You purport to apply under any purchase order, confirmation
of order, specification or other document) in respect of the sale
of the Goods via the Caravan Club Online Shop Website.
4.2 The Caravan Club reserves the right to change these Terms
and Conditions from time to time. Any such changes will take effect
when posted on The Caravan Club Online Shop Website and it is Your
responsibility to read these Terms and Conditions on each occasion
when You use The Caravan Club Online Shop Website and Your
continued use of The Caravan Club Online Shop Website shall signify
Your acceptance to be bound by the latest Terms and Conditions.
4.3 Your use of The Caravan Club Online Shop Website is also
governed by these Terms and Conditions and legal notices on other
areas of The Caravan Club website such as the Caravan Club Privacy
Policy and security policy, which will, together with these Terms
and Conditions govern Your use of The Caravan Club Online Shop
Website.
4.4 By proceeding with Your Order You acknowledge that You have
not relied on any statement, promise or representation made or
given by or on behalf of The Caravan Club which is not set out in
these Terms and Conditions.
5 Contracting
5.1 The technical steps required for the contract between You
and The Caravan Club to be made are as follows:
5.1.1 You will be guided through the process of placing an order
by a series of simple instructions on The Caravan Club Online Shop
Website.
5.1.2 Once You have decided on the Goods You wish to purchase
and press the 'proceed to check out button' You place the Order for
such Goods by entering Your Information into the Order Form and
pressing the confirm order button at the end of the checkout
process.
5.1.3 You will then be shown a copy of Your Order on the screen.
If any part of it is incorrect please amend Your Order.
5.1.4 You will then be asked to pay for Your Order.
5.1.5 Once Your Order has been paid for The Caravan Club will
send You an email accepting Your Order.
5.1.6 Order acceptance and the completion of the contract
between You and The Caravan Club will take place when you receive
the Order Number.
5.2 The Caravan Club has taken every care in the preparation of
the content of The Caravan Club Online Shop Website, and in
particular to ensure that:
5.2.1 prices quoted are correct at time of publishing; and
5.2.2 the Goods have been fairly described.
5.3 The Caravan Club retains its rights to reject Orders if
there are material errors in the description of the Goods or their
prices as advertised on The Caravan Club Online Shop Website.
5.4 Non-acceptance of an order may be a result of one of the
following:
5.4.1 one or more of the Goods You ordered being
unavailable;
5.4.2 The Caravan Club's inability to obtain authorisation of
Your payment;
5.4.3 the identification of a pricing or description error in
respect of any Goods or other products
5.4.4 You not meeting the eligibility to order criteria set out
in these Terms and Conditions.
5.5 The contract is in English and is not available in any other
languages.
5.6 The details of Your specific contract will not be filed by
The Caravan Club. However if You wish to find out any information
in respect of the order please contact The Caravan Club using the
information provided above.
6 Cancellation
6.1 Under the Consumer Protection (Distance Selling) Regulations
2000 You have the legal right to cancel Your Order from the time
the contract is made (i.e. the date on which you receive the Order
Number) until the expiry of the seventh working day following Your
receipt of the Goods.
6.2 If You decide to cancel Your Order in accordance with Your
right of cancellation under Clause 6.1, You must inform us of this,
within the time period referred to in Clause 6.1 by telephone on
0134 326 944. You must then return the Goods to us in accordance
with the procedure set out in Clause 11.1.2.
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7 Description
7.1 The quality and description of the Goods shall be as set out
in The Caravan Club Online Shop Website.
7.2 All drawings, pictures, descriptive matter, specifications
and advertising issued by The Caravan Club and any descriptions or
illustrations contained in The Caravan Club's catalogues or
brochures or on The Caravan Club Online Shop Website are issued or
published for the sole purpose of giving an approximate idea of the
Goods described in them. They shall not form part of these Terms
and Conditions.
7.3 Please note that the colours of the Goods are as accurate as
The Caravan Club Online Shop Website allows. As the actual colours
You see will depend on Your monitor, The Caravan Club cannot
guarantee that Your monitor's display of any colour will accurately
reflect the colour of the Goods on delivery.
8 Price and Payment
8.1 All prices are displayed on The Caravan Club Website in
pounds sterling and are inclusive of VAT at the prevailing rate
changed in the UK. The Caravan Club VAT number is 239719331. The
price for the Goods shall be exclusive of delivery and insurance,
all of which amounts You shall pay in addition to the cost of the
Goods.
8.2 By submitting Your Order You are offering to buy the Goods
at the prices set out in The Caravan Club Online Shop Website.
8.3 The prices stated by The Caravan Club at the time it
receives Your Order are the prices You pay except where The Caravan
Club discovers an error in the price of the Goods You have ordered.
In this event, The Caravan Club will inform You as soon as possible
after receiving Your Order and give You the option of reconfirming
Your Order at the correct price or cancelling Your Order. If The
Caravan Club are unable to contact You The Caravan Club will treat
the Order as cancelled.
8.4 Payment is made through a secure payment server.
8.5 All payments:
8.5.1 must be made at the time of placing the order, by credit
card. The Caravan Club accepts MasterCard, Visa, Visa Delta and
Maestro;
8.5.2 shall be made in pounds sterling.
8.6 Time for payment shall be of the essence. No payment shall be
deemed to have been received until The Caravan Club has received
cleared funds.
9 Delivery
9.1 The Caravan Club is able to deliver Your Goods to any
address within the UK, mainland Europe, the United States of
America, Canada, New Zealand and Australia. Delivery to other
countries may be possible at The Caravan Club's sole discretion via
the contact centre on 01342 327 410
9.2 Selecting the delivery address:
9.2.1 When You have selected the Goods that You wish to purchase
from us, the delivery address will default automatically to the
billing address associated with Your payment card.
9.2.2 However, should You wish to send the Goods to an
alternative address then You can enter this in the Order Form as
You proceed through the checkout process. The alternative address
can be either residential or business.
9.3 Please note that on delivery our Carriers may need to obtain
a signature from You. If a signature is required, our carriers will
not be able to deliver Goods without such signature.
9.4 There is only one delivery charge per Order which is applied
based on the destination of the Order.
9.4.1 within the UK - standard £2.50
9.4.2 within mainland Europe - standard £5.99
9.4.3 to the United States of America - standard £8.99
9.5 If Your Order is to be delivered:
9.5.1 within the UK using the standard service it will normally
be despatched within one Working Day of the Order being confirmed
and normally be delivered within five Working Days of despatch;
9.5.2 within mainland Europe using the standard service it will
normally be despatched within one Working Day of the Order and
normally be delivered within ten Working Days of despatch;
9.5.3 to the United States of America using the standard service
it will normally be despatched within one Working Day of the Order
and be normally delivered within twenty-eight (28) days following
despatch;
9.6 The Caravan Club makes every effort to deliver Goods within
the estimated timescales, however delays occasionally occur due to
unforeseen factors. The Caravan Club shall not be liable for any
delay or failure to deliver the Goods within the timescales set out
in The Caravan Club Online Shop Website (which are estimates only).
The time for delivery shall not be made of the essence by notice.
If no dates are so specified, delivery shall be within twenty-eight
(28) days of the Goods being confirmed as being in stock.
9.7 Ownership and Risk of loss or damage to the Goods shall pass
to You at the time the Goods are delivered.
9.8 The Caravan Club shall not deliver the Goods until it has
been paid in full for the Goods.
9.9 Subject to the other provisions of these Terms and
Conditions The Caravan Club shall not be liable for any direct,
indirect or consequential loss (all three of which terms include,
without limitation, pure economic loss, loss of profits, loss of
business, depletion of goodwill and similar loss), costs, damages,
charges or expenses caused directly or indirectly by any delay in
the delivery of the Goods (even if caused by The Caravan Club's
negligence).
9.10 The quantity of any consignment of Goods as recorded by The
Caravan Club upon despatch from The Caravan Club's place of
business shall be conclusive evidence of the quantity received by
You on delivery unless You can provide conclusive evidence proving
the contrary.
9.11 The Caravan Club shall not be liable for any non-delivery
of Goods (even if caused by The Caravan Club's negligence) unless
You give written notice to The Caravan Club of the non-delivery
within fourteen (14) days of the date when the Goods would in the
ordinary course of events have been received.
9.12 Any liability of The Caravan Club for non-delivery of the
Goods shall be limited to replacing the Goods within a reasonable
time.
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10 Complaints
10.1 The Caravan Club aims to deal with all complaints as
effectively as possible. Our complaints handling procedure is
designed to be fair, confidential, easy to use, speedy and
informative. If You wish to make a complaint please contact us by
mail, telephone or email at the telephone number, address and email
address specified in Clause 2.1 above.
10.2 Please provide full details of the nature of Your
complaint, including the Goods purchased, Your Order number, Your
name, address, daytime telephone number, email address and any
other information which You think will assist us in resolving Your
problem as quickly as possible.
11 Returns
11.1 If You wish to return any Goods to The Caravan Club, or
make an exchange of the Goods You may do so without affecting Your
statutory rights in the following manner:
11.1.1 for Goods in respect of which You establish there is a
fault within thirty (30) days after delivery. Subject to
confirmation of the fault, we will repair or replace the Goods or
refund the price of the Goods at Your option. If You request a
refund, we will also refund the delivery charge;
11.1.2 for any reason (other than a fault) You may do so within
fourteen (14) days of the date of dispatch. We will refund the
price of the Goods, providing they are in a saleable condition are
in their original, undamaged packaging. The delivery charge is
non-refundable and unless otherwise agreed between us, You must pay
for the costs of return of the Goods to us.
11.2 If You would like to return any Goods to us in accordance
with Clause 11.1.1 then You can do so by calling us on 01342
327410. Once we have ascertained Your reason for returning the
Goods we may, at our sole discretion (for faulty Goods only),
provide You with a free postal address for the returns. We retain
the right, in certain circumstances to request that you keep
possession of the faulty Goods and not return them to us. Nothing
in this Clause 11.2 shall affect your rights to a refund in respect
of any faulty Goods.
11.3 The cost of returning Goods which are not faulty will be
borne by You.
12 Limitation of liability
12.1 The Caravan Club's total liability for any breach of these
Terms and Conditions shall be limited to the total amount paid to
The Caravan Club by You in respect of the Order.
12.2 The information contained in the material on this Website
is only for information purposes. The Caravan Club has not provided
any legal, financial or other advice within The Caravan Club Online
Shop Website. The material in this Website does not constitute
advice and You should not rely on any material in this Website to
make (or refrain from making) any decision or take (or refrain from
taking) any action.
12.3 The Caravan Club does not make any promises or warranties
about the Goods. The Goods are sold in accordance with the
manufacturer's specification, subject to any qualification or
representation contained in The Caravan Club Online Shop
Website.
12.4 In the absence of any negligence other than breach of duty
by The Caravan Club, Your use of any Goods other than in accordance
with their operating manuals and/or instructions is entirely at
Your own risk.
12.5 The Caravan Club will take all reasonable precautions to
keep the details of Your Order and payment secure, but, unless The
Caravan Club are negligent, The Caravan Club cannot be held liable
for any losses caused as a result of unauthorized access to
information provided by You.
12.6 Unless otherwise specified, the materials on The Caravan
Club Online Shop Website are directed solely at those who access
The Caravan Club Online Shop Website from the United Kingdom. The
Caravan Club makes no representation that any products referred to
in the materials on The Caravan Club Online Shop Website are
appropriate for use, or available, in other locations. Those who
choose to access The Caravan Club Online Shop Website from other
locations are responsible for compliance with local laws if and to
the extent local laws are applicable.
12.7 If either You or The Caravan Club are in breach of the
arrangements under these Terms and Conditions, neither of us will
be responsible for any losses that the other suffers as a result,
except those losses which are a foreseeable consequence of the
breach. Losses are foreseeable where they could be contemplated by
both You and us at the time You place an Order.
12.8 The Caravan Club shall not have any liability to You in
respect of any resale made by You of any of the Goods, or of any
product incorporating any of the Goods.
12.9 Nothing in these Terms and Conditions excludes or limits
the liability of The Caravan Club:
12.9.1 for death or personal injury caused by The Caravan Club's
negligence;
12.9.2 under section 2(3), Consumer Protection Act 1987;
12.9.3 for any matter in respect of which it would be illegal
for The Caravan Club to exclude or attempt to exclude its
liability; or
12.9.4 for fraud or fraudulent misrepresentation.
13 Intellectual Property
13.1 You may only link to The Caravan Club Online Shop Website
with our prior written permission. The Caravan Club reserves the
right to remove any links to its website that it deems are
inappropriate without notice.
13.2 The Caravan Club is a registered trade marks owned by the
Caravan Club Limited.
13.3 All copyright and other intellectual property rights in the
materials on The Caravan Club Online Shop Website are owned by The
Caravan Club unless otherwise indicated. Subject to Clause 13.5
below You may download, print or copy any material from The Caravan
Club Online Shop Website that You wish, provided it is for Your own
personal, non-commercial use and You keep in place all original
copyright notices or other intellectual property notices.
13.4 Subject to Clause 13.2 above, You may not copy, modify,
alter, distribute, publish, sell or otherwise use any material on
The Caravan Club Online Shop Website in whole or in part, unless
You have obtained the prior written consent of The Caravan
Club.
13.5 You may not download any photographs from The Caravan Club
Online Shop Website without the prior written permission of The
Caravan Club which may be withheld in its absolute discretion.
13.6 Any permission to download materials from The Caravan Club
Online Shop Website does not grant You permission to download any
materials from any website which is linked to The Caravan Club
Online Shop Website in any way.
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14 Assignment
14.1 The Caravan Club may assign these Terms and Conditions or
any part of it to any person, firm or company.
14.2 You shall not be entitled to assign these Terms and
Conditions or any part of it without the prior written consent of
The Caravan Club.
15 Force majeure
15.1 The Caravan Club reserves the right to defer the date of
delivery or to cancel these Terms and Conditions or reduce the
volume of the Goods ordered by You (without liability to You) if it
is prevented from or delayed in the carrying on of its business due
to circumstances beyond the reasonable control of The Caravan Club
including, without limitation, acts of God, governmental actions,
war or national emergency, acts of terrorism, protests, riot, civil
commotion, fire, explosion, flood, epidemic, lock-outs, strikes or
other labour disputes (whether or not relating to either party's
workforce), or restraints or delays affecting carriers or inability
or delay in obtaining supplies of adequate or suitable materials,
provided that, if the event in question continues for a continuous
period in excess of one hundred (100) days, You shall be entitled
to give notice in writing to The Caravan Club to terminate Your
Order.
16 Data Protection
16.1 The Caravan Club processes the Personal Data submitted by
You for the purposes set out in its Privacy Policy.
17 Privacy and Electronic Communications (EC Directive)
Regulations 2003
17.1 By giving The Caravan Club Your email address The Caravan
Club will be able to respond to the questions that You raise. If
You would like to receive any other information from The Caravan
Club by electronic communication, please tick the relevant box in
the Order Form.
18 Legal jurisdiction and dispute resolution
18.1 English law shall apply to these Terms and
Conditions.
18.2 The parties irrevocably agree that the courts in England
shall have exclusive jurisdiction to settle any dispute which may
arise out of, under, or in connection with these Terms or the legal
relationship established by them, and for those purposes
irrevocably submit all disputes to the jurisdiction of the English
courts.
19 Disclaimers
19.1 The Caravan Club may not necessarily keep a copy of these
Terms and Conditions and Your order. The Caravan Club advise You to
print a copy of them for Your information in the future.
20 Waiver
20.1 No waiver by The Caravan Club of any breach of the terms of
these Terms and Conditions by You shall be considered as a waiver
of any subsequent breach of the same or any other provision.
21 Severability
21.1 If any provision or term of these Terms and Conditions
shall become or be declared illegal, invalid or unenforceable for
any reason whatsoever such term or provision will be divisible from
these Terms and Conditions and shall be deemed to be deleted from
these Terms and Conditions.
22 Third Parties
22.1 The Contracts (Rights of Third Parties) Act 1999 shall not
apply to these Terms and Conditions. No person who is not a party
to these Terms and Conditions (including any employee, officer,
agent, representative or subcontractor of either party other than
those named as a party) shall have the right (whether under the
Contracts (Rights of Third Parties) Act 1999 or otherwise) to
enforce any term of these Terms and Conditions which expressly or
by implication confers a benefit on that person without all our
express prior agreement in writing which agreement must refer to
this clause.
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