TERMS AND CONDITIONS.
In these Terms and Conditions (“Conditions”): –
“the Charity” means Heartbeat Trust UK (registered charity number 1185996).
“the Goods” means the goods which the Charity and or Heartbeat Trust UK will supply in accordance with these conditions.
“Information” means all information delivered by the Charity through the Website
“Cookie” means a software marker/identifier stored temporarily in your terminal by Heartbeat Trust UK. It is essential to and used solely for facilitating the online service necessary to purchase goods from the Charity. Heartbeat Trust UK will automatically delete the cookie once your online transaction has been completed. However, such “cookies” do not hold personal information that could identify your pc to a third party.
“Order” means a purchase order in respect of the goods issued by the User to the Charity on the order form set out on the Website.
“the User” means any Company, firm, body or person using the website or purchasing any Goods from the Website.
“the Website” means the Charity’s website www.heartbeattrust.co.uk
USE OF THE WEBSITE
The Website and the Goods on it are offered to the User for non-commercial use only.
Any use of the Website or purchase of Goods from the Website is subject to these Conditions and any variation of these Conditions shall have no effect unless expressly agreed in writing and signed by the Charity.
Intellectual Property Rights
The rights in the content, design, layout, pictures, logos and photographs of the Website (excluding copyright in certain reports and papers submitted by Heartbeat Trust UK) are owned or licensed by the Charity. Users may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, graphics, designs or other copyright material obtained from this Website.
Copyright material can be downloaded for private research, study or in-house use only. Any other use of the Charity’s material requires the formal permission in writing of a duly authorised representative of the Charity.
No other website may frame within its own site all or any part of the Website without the explicit written consent of the Charity nor use the Charity’s name as a keyword, meta-tag, or divert or pass off search engines to other websites.
The User agrees that it shall not:
reverse, engineer or decompile in whole or in part any software available through the Website;
remove, change or obscure any product identification or notices of proprietary rights or any restriction on or in the Website;
remove any copyright, trademark or other intellectual property right notices contained in the material on the Website.
The User agrees that it shall not use the Website for any unlawful purposes, in particular, but not limited to, the following:-
publish, post, upload, distribute, disseminate or otherwise transmit information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, defamatory, libellous or are alleged to be or are in the opinion of the Charity otherwise unlawful;
upload files that contain software or other materials in breach of any intellectual property rights or are in breach of confidence;
download any file of materials posted by another User that the User knows or reasonably should know that cannot be copied or otherwise used legally;
harass, stalk, threaten or otherwise infringe the rights of any third party;
advertise or offer to sell goods or services.
All Users that wish to provide links to the Website must obtain formal permission in writing from a duly authorised representative of the Charity.
All links to external websites are provided for information and convenience only. The User agrees that the Charity does not in any way control or endorse the material contained on or the services or products offered through such websites.
ACCURACY AND AVAILABILITY
The User agrees that the Charity does not guarantee the correctness and completeness of the Website and the Information contained on it. The Information provided does not constitute business, medical or other professional advice and is subject to change.
The Charity is not responsible for any errors or omissions or for the results obtained from the use of the Information. All Information is provided “as is” with no guarantee of completeness, timeliness or of the results obtained from the use of the Information.
The Charity may at its sole discretion from time to time without notice change the format and content of the Website and suspend the operation of it, for example, for repair or maintenance work or in order to upgrade the contents or functionality of the Website.
The User agrees that the Charity does not undertake to provide the Website free of faults and the Charity shall not be liable for any loss or damage arising from the temporary unavailability of the Website.
FORMATION OF CONTRACT
No Order placed by the User shall be deemed accepted until acceptance of the Order is communicated via e-mail to the e-mail address that the User provides to the Charity on the order form.
The price of the Goods shall be:
that published on the Website when the Order is accepted by the Charity.
exclusive of any VAT and delivery charges. [If the Goods are being delivered outside the UK fiscal jurisdiction the User will be responsible for any import duties, local taxes and any administrative charges upon receipt.]
Payments must be made in advance by credit card.
Time for payment shall be of the essence.
No payment shall be deemed to have been received until the Charity has received cleared funds.
The User has the right to cancel the contract at any time up to the end of 7 Working Days after receipt of the Goods.
Notice of Cancellation must be given in writing by hand, post, fax or e-mail to the Charity’s address, fax number or e-mail address shown on the website. The notice must provide details of the Goods ordered. If the goods are left at the address shown on the Charity’s website, addressed to the Charity, they will be deemed to have been delivered on that day. If notification is sent by fax, post or e-mail to the Charity’s respective addresses or numbers, it is taken to have been given on the day on which it was sent.
In the event that the User exercises the right of cancellation after the Goods have been delivered, the User will be responsible for the return of the Goods to the Charity at its own cost. The Goods must be returned to the address shown on the Website, unless otherwise specified by the Charity. The User is under a duty to take reasonable care that the Goods are received by the Charity and are not damaged in transit. The User will be liable for any damage suffered by the Goods, whilst in the Users care, or in transit to the Charity.
The Charity will refund the User within 30 working days for any sum that has been paid by the User or debited from its credit card.
The Charity will deliver the Goods to the address specified by the User on the order form within a reasonable time period of the Order.
If for any reason the User does not accept delivery of any of the Goods when they are ready for delivery or the Charity is unable to deliver the Goods on time because the User has not provided appropriate instructions, documents, licences or authorisations:
the User will become responsible for risk of loss or damage to the Goods;
the Goods will be deemed to have been delivered; and
the Charity may store the Goods until delivery whereupon the User will be liable for all related costs and expenses.
Any liability of the Charity for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or refunding the User for any sum that has been paid.
The Charity reserves the right to only dispatch the Goods if the correct Post & Packaging has been paid as detailed in our Post & Packaging details.
The Charity warrants that, subject to the other provisions of these Conditions, upon delivery the Goods will be
of satisfactory quality within the meaning of the Sale of Goods Act 1994; and reasonably fit for the purpose for which they are sold.
The Charity shall not be liable for a breach of condition 11.1.1 unless the User gives written notice of any defect to the Charity within 7 days of the time when the User discovers or ought to discover the defect and the Charity is given a reasonable opportunity after receiving the notice of examining such goods and if the User is asked to do so by the Charity returns such Goods to the address shown on the Website at the Charity’s cost for the examination to take place there.
The Charity shall not be liable for a breach of condition 11.1.1 if the User makes any further use of such goods after giving such notice or the User alters or repairs such goods without the written consent of the Charity.
Subject to condition 11.2 and 11.3, if any of the Goods do not conform with the warranty in 11.1.1 the Charity shall at its option repair or replace such Goods or refund the price of such Goods at the contract rate provided that if the Charity so requests the User shall at the Charity’s expenses return the Goods or the parts of such Goods which is defective to the Charity.
The Charity reserves the right to defer the date of delivery or to cancel the contract or reduce the volume of the Goods ordered by the User if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Charity including without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protest, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes, or restraints or delays effecting carriers or inability or delay in obtaining supplies of adequate or suitable materials provided that if the event in question continues for a period in excess of 14 days, the User shall be entitled to give notice in writing to the Charity to terminate the contract.
The User shall not be entitled to assign the contract or any part of it without the prior written consent of the Charity.
Nothing in these Conditions excludes or limits the Charity’s liability for death or personal injury caused by the Charity’s negligence; or fraudulent misrepresentation.
The Charity shall not be liable whether in contract or in tort for loss of profits or contracts or for any consequential loss, injury or damage subject to clause 10.1 above, arising directly or indirectly from the use of the Website or the purchase of Goods from the Website.
Subject to the above the Charity’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with these Conditions shall be limited to the invoice price of the Order giving rise to the liability.
SEVERANCE AND ILLEGALITY
If any of the provisions of these Conditions is found by a Court or any other competent authority to be void or unenforceable, such provisions shall be deemed to be deleted from these conditions and the remaining provisions shall continue in full force and effect.
Any failure by the Charity to exercise or delay in exercising a right or remedy provided by these Conditions or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies.
THIRD PARTY RIGHTS
No provision of these Conditions shall be enforceable by any third party under the Contract (Rights of Third Parties) Act 1999.
These Conditions shall be construed in accordance with and governed by the laws of England and Wales.
Any notice required to be given under these Conditions shall be in writing and shall be deemed to have been duly given if left at or sent by first class post, air mail, registered post, fax or e-mail to the Charity’s address on the Website. Any notice shall be deemed to have been received by the Charity 2 working days following the date of despatch of the notice or other document by post or, where the notice or other document is sent by hand or by fax or e-mail, simultaneously with the delivery or transmission.
HEARTBEAT TRUST UK WEBSITE DISCLAIMER
Definition of Terms
The word Heartbeat Trust UK shall mean Heartbeat Trust UK (registered charity number: 1185996). Heartbeat Trust UK may sometimes be referred to as “the Charity” or simply in its abbreviated form as “HBT”.
Copyright in the content, the design and layout (including, without limitation, copyright in any logo and graphics but excluding copyright in certain reports and papers submitted by Heartbeat Trust UK) of this website belongs to Heartbeat Trust UK. Visitors may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, graphics, designs or other copyright material obtained from this website. Copyright material can be downloaded for private research, study or in-house use only. Any other use of Heartbeat Trust UK copyright material requires the formal permission in writing of a duly authorised representative of Heartbeat Trust UK.
In addition no other site may frame within its own site all or any part of the Heartbeat Trust UK website without the explicit written consent of Heartbeat Trust UK nor use the Heartbeat Trust UK name as a keyword, meta-tag, not to divert or pass off search engines to other sites.
All sites wishing to provide links to the Heartbeat Trust UK site must obtain formal permission in writing from a duly authorised representative of Heartbeat Trust UK. All links to external sites are provided for information and convenience only. We cannot accept responsibility for the sites linked to, the information found there or any further links contained therein. A link does not imply an endorsement of a site, likewise, not linking to a particular site does not imply a lack of endorsement.
While we have taken every care to compile accurate information and to keep it up to date, we cannot guarantee its correctness and completeness. The information provided on this site does not constitute business, medical or other professional advice, and is subject to change.
Heartbeat Trust UK is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information in this Site is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information.
In no event will Heartbeat Trust UK, its related charities, partners, agents or employees be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages.
We cannot guarantee uninterrupted access to this, or the sites to which it links. We accept no responsibility for any damages arising from the loss of use of this information.