Shop terms and conditions
Terms and conditions in respect of the sale of goods
These Terms and cnditions 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). Its 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 on 01342 327 410 or email on firstname.lastname@example.org.
2.2 If you would like any information about The Caravan Club and its activities, you can contact The Caravan Club by telephone on 01342 326 944 or email email@example.com. 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 conditions 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
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.
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.
4.4 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.
5.1 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 right 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.
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6.1 You have the right to cancel this contract within 14 days without giving any reason, subject to clause 6.13.
6.2 The cancellation period will expire:
6.2.1 at the end of 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Goods; or
6.2.2 if your Order includes multiple Goods to be delivered separately, at the end of 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Goods to be delivered.
6.3 To exercise the right to cancel, you must inform The Caravan Club of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail), using our contact details set out in clause 2.1, you may use the model cancellation form annexed to these Terms and Conditions, but it is not obligatory.
6.4 To meet the cancellation deadline, it is sufficient for you to send your statement referred to in clause 6.3 before the cancellation period has expired.
6.5 If you cancel this contract in accordance with this clause 6 The Caravan Club will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by The Caravan Club).
6.6 The Caravan Club may make a deduction from the reimbursement referred to in clause 6.5 for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you.
6.7 The Caravan Club will make the reimbursement without undue delay, and not later than:
6.7.1 14 days after the day The Caravan Club receives back from you any Goods supplied; or
6.7.2 (if earlier) 14 days after the day you provide evidence that you have returned the Goods; or
6.7.3 if there were no Goods supplied, 14 days after the day on which The Caravan Club is informed about your decision to cancel this contract.
6.8 The Caravan Club will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement.
6.9 The Caravan Club may withhold reimbursement until The Caravan Club has received the goods back or you have supplied evidence of having sent back the Goods, whichever is earliest.
6.10 You shall send back the Goods or hand them over to The Caravan Club without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to The Caravan Club. The deadline is met if you send back the Goods before the period of 14 days has expired.
6.11 You will have to bear the cost of returning the Goods.
6.12 You are only liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
6.13 The right to cancel referred to in clause 6.1 does not apply to Orders for:
6.13.1 Goods that have been personalised to your specification; or
6.13.2 periodicals or magazines.
6.14 In addition to your right to cancel this contract set out in clause 6.1, if within thirty (30) days after delivery of the Goods you establish there is a fault with the Goods, you may return the Goods to The Caravan Club at the address given in clause 2.1. Before returning the Goods to The Caravan Club you must call The Caravan Club on 01342 327410 to inform The Caravan Club of the fault. Subject to confirmation of the fault, The Caravan Club will repair or replace the Goods or refund the price of the Goods at your option. If you request a refund, The Caravan Club will also refund the delivery charge. The Caravan Club may, at its sole discretion, provide you with a free postal address to which to return the faulty Goods.
7.1 The quality and description of the Goods supplied to you by The Caravan Club 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 is 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 must be made at the time of placing the order, by credit card. The Caravan Club accepts MasterCard, Visa, Visa Delta and Maestro and 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.
9.1 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 The Caravan Club, 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).
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.
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 The Caravan Club by using the contact details 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 The Caravan Club in resolving your problem as quickly as possible.
11 Limitation of liability
11.1 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.
11.2 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.
11.3 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.
11.4 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.
11.5 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.
11.6 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.
11.7 If either you or The Caravan Club are in breach of the arrangements under these Terms and Conditions, neither of you nor The Caravan Club 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 The Caravan Club at the time you place an Order.
11.8 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.
11.9 Nothing in these Terms and conditions excludes or limits the liability of The Caravan Club:
11.9.1 for death or personal injury caused by The Caravan Club's negligence;
11.9.2 under section 2(3), Consumer Protection Act 1987;
11.9.3 for any matter in respect of which it would be illegal for The Caravan Club to exclude or attempt to exclude its liability; or
11.9.4 for fraud or fraudulent misrepresentation.
12 Intellectual Property
12.1 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.
12.2 The Caravan Club is a registered trade mark owned by the Caravan Club Limited.
12.3 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 12.5 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.
12.4 Subject to Clause 12.2 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.
12.5 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.
12.6 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.
13.1 The Caravan Club may assign these Terms and Conditions or any part of it to any person, firm or company.
13.2 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.
14 Force majeure
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.
15 Data Protection
16 Privacy and Electronic Communications (EC Directive) Regulations 2003
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.
17 Legal jurisdiction and dispute resolution
17.1 English law shall apply to these Terms and Conditions.
17.2 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.
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.
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.
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.
21 Third Parties
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.