When you purchase any items or subscription through our website you will be contracting with The Hartz Company Ltd t/a Charity Greetings, a limited liability company incorporated in England and Wales under company number 3848015 which owns and runs the Macmillan Cancer Support card shop website - www.charitygreetings.com/thecardshop/macmillan.
For your peace of mind, The Hartz Company Ltd t/a Charity Greetings is a professional charity fundraiser and is a member of the FundRaising Standards Board scheme. The Hartz Company Ltd t/a Charity Greetings adheres to a strict set of codes and are committed to treating the public with respect, fairness, honesty and clarity in all their money raising activities.
The Contract between you and The Hartz Company Ltd t/a Charity Greetings is binding on you and The Hartz Company Ltd t/a Charity Greetings and on The Hartz Company Ltd t/a Charity Greetings's respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. The Hartz Company Ltd t/a Charity Greetings may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of The Hartz Company Ltd t/a Charity Greetings's rights or obligations arising under it, at any time during the term of the Contract.
The Hartz Company Ltd t/a Charity Greetings or Macmillan Cancer Support will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event"). Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Registered office: 6th Floor, Remo House, 310-312 Regent Street, London, W1B 3BS, United Kingdom
Email address: info(at)charitygreetings.com
Telephone number: +44 (0)1923 827770
WEBSITE TERMS AND CONDITIONS
IMPORTANT LEGAL NOTICE: This website is managed by The Hartz Company Ltd t/a Charity Greetings. These Terms and Conditions (the "Terms") apply to the entire contents of this website (the "Website") and to any correspondence by email between The Hartz Company Ltd t/a Charity Greetings (the "Company") and you.
Please read the Terms carefully before using the Website. Your use of the Website indicates your unconditional agreement that you accept the Terms and Privacy Policy in their entirety (including as amended from time to time) and in effect at the time of usage regardless of whether or not you choose to register with the Website. If you do not accept the Terms, you should not use this Website.
1. General
1.1 Any reference in the Terms to "we" or "us" or "our" is a reference to the Company and any reference to "you" or "your" is a reference to any user of the Website and, where relevant, the recipient of any Product or Service from the Website as defined hereunder.
1.2 The services ("Services") available via the Website shall include, without limit:
1.2.1 a subscription to send greeting cards;
1.2.2 the online purchasing of certain Products;
1.2.3 fundraising services; and
1.2.4 certain prize draws and competitions.
1.3 The products ("Products") available via the Website shall include, without limit:
1.3.1 greeting cards, confetti (WARNING: Choking Hazard - Contains small parts so not suitable for small children under 3 years of age)and balloons;
1.3.2 activity/experience day gift vouchers ("Experience Vouchers").
1.4 You may access most areas of the Website without registering your details with us. Certain areas of the Website are only accessible if you register.
1.5 By accessing any part of the Website, you shall be deemed to have accepted these Terms in full. If you do not accept the Terms in full, you must leave the Website immediately.
1.6 We may alter all or any part of the Terms (including without limit the Products and Services which are available from the Website) at any time without notice to you. These Terms should be reviewed by you on a regular basis as your continued use of the Website after any alterations are made by us will mean that you are deemed to accept the Terms as modified by the relevant alterations made.
2. Website Privacy Policy and Security Policy
2.1 In order to provide the Services and Products available through the Website, we will hold certain personal information relating to you. We have obligations in relation to your personal information under the Data Protection Act 1998. We comply with the UK Data Protection Act 1998 and follow the strict security procedures to ensure the safe storage of your personal information and prevent any unauthorised access or misuse of your personal information. We are registered with the Data Protection Act Registrar and under the UK Data Protection Act 1984 and the UK Data Protection Act 1998 - Confirmation of Renewal.
2.2 By providing personal information (such as name, address, telephone number, email address etc), you agree to us using this information for the operation of the Website and the provision of the Services and the Products to you.
2.3 Where you provide information about other people (for example their name, date of birth or address) you also confirm that you have the consent of these people to provide us with that information.
2.4 Any personal information that we collect from you will be used for the purposes of operating the Website and providing the Services and Products and Information to you. Please do not submit your personal information to us if you do not wish us to collect it.
2.5 The accuracy of your personal information is dependant upon the accuracy of the information that you provide. We will not verify personal information other than that which is provided for payment or account purposes and we shall not be responsible for errors or problems that arise as a result of inaccurate information submitted by you.
2.6 We reserve the right from time to time to notify you (via SMS, email and post) of other products and services or invite you to events that may be of interest to you. You will be given the opportunity to opt-out at the time of mailing if you do not wish to receive further information notices.
2.7 In addition to personal information, we may collect information about you automatically when you visit the Website. The collection of information may involve the use of cookies and web beacons. A web beacon is a small graphic image placed on a web page that is designed to allow us to monitor traffic on the Website. A cookie is a small text file that is placed on your computer's hard drive by your web browser when you first visit the Website. The cookie allows us to identify your computer and find out details about your last visit. Most Internet browsers accept cookies automatically, but usually you can alter the settings of your browser to erase cookies or prevent automatic acceptance if you prefer. If you choose not to receive our cookies, we cannot guarantee that your experience with the Website will be as quick or responsive as if you do receive cookies.
The information collected by cookies and web beacons is not personally identifiable, it includes general information about your computer settings, your connection to the Internet e.g. operating system and platform, IP address, your browsing patterns and timings of browsing on the Website and geographical location.
2.8 By using this Website, you agree that we may collect, hold, process and use your information (including personal information) for the purpose of providing you with the Website services and developing our business which shall include (without limitation):
- Verifying your identity (for example when you return to the Website)
- Personalising your visits to the Website and developing the design and style of the Website to improve the services provided to you
- Informing you about the latest changes to the Website, or products, services or promotional offers that you might find interesting
- Dealing with, and responding to you about, a comment you have submitted for or on our message boards, blogs and other such user generated content facilities
- Enabling you to share our content with others e.g. using our Email a friend and Share this article facilities
- Communicating (and personalising such communication) with you
Informing you if you have been successful in any Website competitions or promotions
- Compiling customer reviews
- Conducting market research
- Carrying out statistical, technical and logistical analysis
2.9 By using the Website, you agree that we may supply personal information about you to selected third parties and Macmillan Cancer Support. We reserve the right to disclose your personal information to comply with applicable laws (such as the Data Protection Act 1998) and government or regulatory bodies' lawful requests for information. We may transfer, sell or assign any of the information described in this policy to third parties as a result of a sale, merger, consolidation, change of control, transfer of assets or reorganisation of our business.
2.10 The personal information that you provide is securely stored within the Website and all personal information transmissions that provide payment or account details are encrypted. No data transmission over the internet can be entirely secure, so we do not guarantee the security of your personal information and/or use of the Website. However, we use reasonable endeavours to protect the security of your personal information from unauthorised access or use by using encryption technology. In addition to these safeguards, your personal information is protected in the UK by the Data Protection Act 1998. This provides that the information which we hold about you should be processed fairly and lawfully, should be accurate, relevant and not excessive, not be retained for longer than is necessary and, if applicable, be kept up to date. For more information on the Data Protection Act 1998 and your related rights please see www.ico.gov.uk
2.11 If you wish to review or receive copies of the personal information we hold about you, or have any other queries please write to us (including full details of your request) at:
Charity Greetings
PO Box 303
Northwood
HA6 9DN
We may charge a small administration fee (not exceeding the maximum permitted by law) in relation to fulfilling a request for access to personal information.
2.12 Your card details are transferred directly to our Payment Service Provider (www.paypal.com) for immediate authorisation and are not recorded or stored in our database. Once we have received authorisation from the Payment Service Provider we confirm your order.
3. Intellectual Property
3.1 All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that is contained on the website is protected by our or third party copyrights, trade marks, service marks, patents or other proprietary rights and laws. You are not permitted, except where expressly authorised to do so, to change, copy, store, publish, rent, licence, sell or distribute in any way any of these intellectual property rights.
3.2 You agree not to display or use Macmillan Cancer Support Card Shop in any manner without our prior written consent.
3.3 Any rights not expressly granted in these Terms are reserved for the sole and exclusive benefit of the company.
4. Website Access and Availability
4.1 Access to and use of the Website shall be provided by us in accordance with the Terms and Conditions of the Website and is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice.
4.2 We shall endeavour to ensure that access to and use of the Website is available 24 hours a day however access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control and we shall have no liability whatsoever if for any reason the Website is unavailable at any time or for any period.
5. Use of the Website, Website Visitor Material and Conduct
5.1 Other than personally identifiable information which is covered under our Privacy Policy (section 2 of the Terms), any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sound, text and other things embodied therein for any and all commercial purposes.
5.2 You are prohibited from posting or transmitting to or from the Website any material:
5.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
5.2.2 for which you have not obtained all necessary licences and/or approvals;
5.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
5.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software of harmful data).
5.3 You may not misuse the Website in any way (including, without limitation, hacking into the Website) or interfere with any other person's use and enjoyment of the Website.
5.4 We shall have absolute discretion for making any determination in respect of visitor material and conduct and if we have any reason to believe that there is or is likely to be a breach of security or misuse of the Website by you, your use of the Website may be suspended or terminated by us. We reserve the right not to process your order if we decide that you are using the Website for such purposes and ban you from placing orders with us in the future.
5.5 The Website is provided on an "as is" and "as available" basis and we shall not be liable to you for your inability to use the service. No advice or information, whether oral or written, obtained by you via the website will create any warranty not expressly stated in these terms and conditions; and all warranties in respect of the website, the items supplied by us and any other services that we may provide through the website from time to time are excluded to the fullest extent permitted by law. This does not prejudice your statutory rights.
5.6 By placing an order/becoming a member of the Website, you warrant that you are legally capable of entering into binding contracts; you are at least 18 years old; and you are a resident in, and are accessing our Website from, the United Kingdom.
5.7 You may cancel your subscription at any time. You can do this via your PayPal account or with your credit card / debit card supplier. Your subscription will cease the moment you cancel your subscription (you will not be able to send any more cards). We would advise you cancelling your subscription the day before the next renewal payment is due. We do not offer refunds on the remaining amount of time of the calendar month, should you cancel your subscription.
5.8 We reserve the right to amend the Website and the items and services that we offer to you via the website without notice to you from time to time.
5.9 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 5.2 or clause 5.3.
5.10 Please note this warning when purchasing confetti. WARNING: Confetti choking Hazard - Contains small parts so not suitable for small children under 3 years of age.
5.11 In the event of termination of the Macmillan Cancer Support card shop, Charity Greetings will contact you (whether you are on a monthly plan or pay as you go) and will provide you with a list of alternative participating charities to whom you may choose to support.
6. External Links to Third Party Websites
6.1 The Website may include hyperlinks to third party websites which are provided solely for your convenience and which, if used by you shall result in you leaving the Website. If you decide to access any third party website(s) with hyperlinks on the Website, you do so entirely at your own risk. We will not be liable in any way for any loss or damage which you may suffer by using those websites.
6.2 We do not review or endorse any third party websites which are accessed from hyperlinks placed on the Website and we do not control and are not responsible for any third party websites including without limitation their content or availability. We therefore do not endorse or make any representations about third party websites, any material found on them or any results that may be obtained from using them.
7. Website Registration
7.1 Certain areas of the Website will require you to register your personal details. In order to register with the Website, you must be over eighteen (18) years of age.
7.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on any network.
7.3 Responsibility for the security of any password(s) issued by us rests solely with you.
7.4 You must ensure that the details that you provide on registration or at any time are correct and complete and you must inform us immediately of any changes to the information that you provide when registering by updating your personal details as necessary.
8. Prize Draws and Competitions
8.1 The Website may from time to time operate prize draws and competitions on the Website. Unless otherwise specified by us, registered users of the Website shall not be automatically eligible for entry into any prize draw or competition operated on the Website.
8.2 Prize draws and competitions shall be open to anyone over the age of eighteen (18) who is a permanent resident in the United Kingdom except for employees of The Hartz Company Ltd t/a Charity Greetings and Macmillan Cancer Support, their families and any connected companies. Proof of age may be required before the prize is dispatched.
8.3 Winners will be drawn within seven (7) days of the closing date of the relevant prize draw or competition, and all winners will be notified by e-mail.
8.4 Winners have seven (7) days from receipt of an email from us pursuant to clause 8.3 to respond and accept their prize(s) failing which, they shall be disqualified and an alternative winner will be drawn in which case the notification procedure set out in clauses 8.2 and 8.3 shall be repeated.
8.5 The likelihood of winning a prize in any prize draw or competition on the Website shall depend on the number of eligible entries received. Certain competitions may require skill in their method of entry in which case the relevant details will be explained in the particular rules of that competition and shall be in addition and shall not supersede or replace these Terms in any way unless expressly stated otherwise by us.
8.6 By entering a prize draw or competition, entrants unconditionally agree to:
8.6.1 waive any right to claim any ambiguity or error in the rules of any prize draw or competition or in the operation of any prize draw or competition itself; and
8.6.2 be bound by these Terms and by all determination(s) made by us in respect of any prize draw or competition, which determination shall be binding and final.
8.7 All winning entrants in any prize draw or competition are solely responsible for the payment of all and any taxes and/or licenses and or other fees that may apply to the prizes they receive.
8.8 Unless otherwise stated, where any advertised prize in a prize draw or competition is not available for any reason whatsoever, we reserve the right to substitute such prize with an approximate cash equivalent, as determined in our absolute discretion.
9. Your Consumer Rights, Delivery & Products
9.1 We shall endeavour to ensure that description(s) and picture(s) of the Products displayed on the Website are a true and accurate reflection. However, these descriptions and pictures may from time to time vary to the actual Product provided and, for the avoidance of doubt, shall not form part of any contract with us.
9.2 Should you send direct to a recipient, the message you write in your greeting card is your responsibility. For cards sent by us we would advise you to check your message carefully as we do not check your messages and correct spelling mistakes, etc. We will endeavour to correctly handwrite your message, but cannot be held responsible for spelling mistakes due to human error.
9.2.1 Messages submitted may in no way harm any person's moral integrity, be defamatory or otherwise encourage criminal offences, discrimination, hate, or violence in any way. The Company expressly reserves the right to deny participation to any person whose message does not comply with these requirements. By submitting a message to the Company, you certify that such material is not protected by copyright and does not conflict with the rights of any third party whatsoever.
9.3 The sender's card will normally show a sticker of the supported charity. It will also, on most occasions, include discount codes for the recipient.
9.4 Should you wish to upgrade your membership status , please contact us to cancel your existing membership. You can then re-subscribe to the new membership status.
9.5 You can cancel a card being sent up to 24 hours of the sending date. Please email cancellations(at)charitygreetings.com and we will not send the card. Please provide your order confirmation.
9.6 Unless otherwise stated on the Website, prices of Products displayed on the Website shall be inclusive of UK VAT and exclusive of all postage, handling and other delivery charges, which shall be shown separately when any Product(s) are being purchased from the Website.
9.7 Delivery will be made to the UK address specified by you. We will make reasonable endeavours to dispatch orders received before 2pm on the same day: orders received after 2pm on the following day; and orders received after 2pm on Friday to Sunday inclusive (or on public holidays) on the next working day. Customers may also select the day of delivery up to 12 months in advance. All orders will be delivered by Royal Mail (or other commercial carrier at our discretion).
9.8 If price(s) of any Product displayed on the Website are incorrect, you will be contacted by us and given the option to either (a) cancel your order for the relevant Product only or (b) complete your order for the relevant Product at the correct price.
9.9 We will endeavour to deliver all orders for Products within the timescale selected at the time of purchase. However we cannot be held responsible for postal delays once the Product(s) has been dispatched by us for delivery.
9.10 Any Product(s) purchased from the Website which you consider defective must be returned to us at your own expense and within seven (7) days of receipt. Please return product(s) to the postal address set out in "Contact Us". In the event that the relevant defect is found to have been caused by us (as determined in our absolute discretion) we shall, in our sole discretion, either:
9.10.1 repair the Product(s) at our own expense;
9.10.2 supply replacement Product(s) free of charge; or
9.10.3 If applicable, reimburse the price paid for the relevant Product(s) (if purchased to send blank and direct to the purchaser) to the credit or debit card used to purchase the goods. For the avoidance of doubt, we cannot be held responsible for Products which are damaged in transit.
9.11 If for any reason beyond our reasonable control, we are unable to supply a particular item, we will notify you as soon as possible. We will contact you to confirm that you are happy to proceed with the order and agree to wait for the original product(s) or would like to select an alternative product.
9.12 All complaints relating to any Products purchased from the Website should be made in writing within seven (7) days of receipt and will be acknowledged within five (5) working days. We will endeavour to resolve any complaint within fourteen (14) days or receipt of a complaint letter but shall have no obligation to do so. Please note that your right to return items to us in accordance with these terms and conditions is in addition to any other statutory rights you may have.
10. Payment on Account (Prepay Credit)
10.1 From time to time The Hartz Company Ltd t/a Charity Greetings may offer a scheme whereby customers may make a payment on account as advance payment for goods in return for additional bonus credit which may be used to pay for applicable goods or services.
10.2 The system of payment on account and bonus credit may be referred to as "Prepay" for promotional purposes. We may change the name of this promotion from time to time but these terms and conditions shall apply to any scheme involving advance payment for goods.
10.3 Prepay credit and bonus credit amounts are separately recorded and the total balance of credit is shown in you accounts under your Account.
10.4. Applicable goods means any products or services supplied by The Hartz Company Ltd t/a Charity Greetings such as cards, balloons, confetti and delivery. Prepay balances cannot be used to pay for flowers or other gifts. Even if you have a credit balance in your Prepay account this will not be applied against a purchase of a flowers or other gifts which must be paid for using one of our other payment mechanisms.
10.5 At the point of checkout The Hartz Company Ltd t/a Charity Greetings will check your balance of Prepay and bonus credit. Any applicable goods will be paid for by drawing down the Prepay credit and bonus credit balance pro rata.
10.6 Any payment made on account shall be deemed as a payment for goods and services to be ordered from the Macmillan Cancer Support card shop. After the initial refund period described below our liability to you will be to provide goods and services to value of the account balance. Cash balances will not be returned except in cases where the customer has received defective goods or service and requested a refund of the unused prepay cash balance held on the account.
10.7 If you do not place any orders for a 6 month period we will send an e-mail to the address in your Account Details to remind you of your balance. This will be repeated at 12 months and 18 months. When a period of 24 months has passed with no orders placed we will assume that your account is no longer active and the Prepay balance will expire.
10.8 If you change your mind after making a payment on account you may request a refund by calling customer services within 14 days of the transaction. In such cases the amount refunded will be the sum of the original payment less the value of any goods bought on account. Refunds can only be made to the credit/debit card or Paypal account used to make the original purchase.
11. Limitation of liability
11.1 Subject always to clause 11.2, the Company, its officers, directors, employees, shareholders or agents, Macmillan Cancer Support and any other party involved in creating, producing, maintaining or delivering the Website hereby exclude all and any liability and responsibility for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) that may result to you or to any third party in connection with the Website (including without limit the Services and the Products) in any way or in connection with the use, inability to use or the results of the use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
11.2 Nothing in these Terms shall exclude or limit our liability for any liability which cannot be excluded or limited under applicable law (including death or personal injury resulting from our negligence or our liability for fraudulent misrepresentation).
11.3 In no event shall our total aggregate liability to you for all and any damages, losses, and causes of action (whether in contract, tort including, but not limited to negligence or otherwise) exceed the amount paid by you, if any, for accessing the Website, purchasing and/or enjoying the Products or using the Services provided via the Website.
11.4 We will never ask you to confirm any account or credit/debit card details via email and if you receive an email claiming to be from http://www.charitygreetings.com asking you to do so then please ignore it and do not respond.
12. Disclaimer of warranties
12.1 Whilst we shall endeavour to ensure that the information on the Website is true and correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the Services, the Products and/or the prices described in Website, at any time and without notice. The material on the Website may be out of date, and we make no commitment to update such material.
13. Governing Law and Jurisdiction
13.1 The Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
13.2 If any of these Terms and Conditions are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law. Only you and we shall be permitted to enforce these Terms and Conditions.
14. Severability
14.1 If any clause or sub-clause of these Terms is held by a competent authority to be invalid or unenforceable the validity of the other clauses and sub clauses of these Terms shall not be affected and they shall remain in full force and effect.
15. Miscellaneous
15.1 All other communications should be provided to Charity Greetings Customer notices and Services on:
Tel: 01923 827770
Email: support(at)charitygreetings.com
Post: Charity Greetings, First Floor, Unit 3, Opulens Place, Northwood, HA6 2JZ |
