Terms & Conditions of Cavern City Tours Limited (Cavern City Tours)

1. Introduction

1.1.    This Website is owned and controlled by Cavern City Tours.  Any agreement or contract You enter into through the Website will be with Cavern City Tours.  These Conditions shall apply to You when using this Website including the placing of orders through this Website.
1.2.    You can contact us if you have a question regarding these conditions as follows:
Address: Customer Service Department, Cavern City Tours Limited of 1st Floor, 31 North John Street Liverpool L2 6RE
Tel: +44 (0) 151 236 9091                                                   
Email: customerservice@cavernclub.org 
                            
2. Definitions

The words below shall have the following meanings:
"Conditions" these terms and conditions of Website use;
“Content” all content on the Website, including without limitation copy, text, artwork, graphics, logos, trade marks, designs, icons, images, audio and /or visual footage, data and software.
“Force Majeure” any Act of God, war, riot, civil disturbance, workforce matters, terrorism, fire, storm or flood, legislation or law, restriction, regulation, bye-law, measures by governmental, parliamentary or local authority, import or export regulation or embargo, strike, industrial dispute, or lockout, explosion, power outage, breakdown, or unavailability of plant, property, and/or machinery or any other cause beyond Cavern City Tours’ reasonable control;
"Order Acceptance Policy" the terms governing the acknowledgement and acceptance of Your order; 
"Personal Information" the personal details provided by You;
"Product" a product displayed for sale on the Website;
"Product Description" terms and information in respect of a Product;
“Purchaser” an individual who enters into a contract to purchase goods from Cavern City Tours;
“Recipient(s)” the person or persons to whom the Purchaser stipulates the goods should be shipped;
“Trade Marks” the trade marks, logos, and service marks displayed on the Website;
“UK” England, Scotland and Wales mainland and does not include United Kingdom Offshore or Eire;
"United Kingdom Offshore" including without limitation the Channel Islands, the Isle of Man, the Scottish Islands and the Isle of Wight;
"Website" www.cavernclub.org                                               
"You/Your/Yours" the customer, purchaser or user of or visitor to the Website. 

3. Website usage

3.1.    Access
3.1.1.    You are provided with access to the Website in accordance with these Conditions and any orders placed by You are placed strictly in accordance with these Conditions.
3.2.    Registration
3.2.1.    You warrant that the Personal Information which You provide when You register as a customer is true, accurate, current and complete in all respects and in particular You agree not to impersonate any other person or entity or to use a false name or a name that You are not authorised to use.
3.2.2.    You agree to notify Cavern City Tours immediately of any changes to Your Personal Information by contacting Our web customer services team by e-mail at customerservice@cavernclub.org or by calling them on +44 (0) 151 236 9091 between 9.00am-5.30pm Monday - Friday.
3.3.    Indemnity
3.3.1.    You agree to fully indemnify, defend and hold Cavern City Tours, and its officers, directors, employees, agents and suppliers, harmless from and against all reasonable claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach by you of these Conditions or any other liabilities arising out of Your use of this Website, or the use by any other person accessing the Website using Your Personal Information or account.
3.4.    Cavern City Tours’ rights
3.4.1.    We may:
alter the Website (or any part) with or without providing notice to You and shall not be liable to You or any third party for any alteration to or withdrawal of the Website; and/or 
alter the Conditions from time to time and any use of the Website after an alteration shall be deemed to be Your acceptance of the alteration.  It is Your responsibility to check regularly to determine whether these Conditions have been changed. You must stop using the Website immediately if you do not agree with any alteration.
3.5.    Privacy
3.5.1.    Your privacy is important to us. Please refer to Cavern City Tours Privacy Policy  

 4.    Online orders

4.1.    Order Acceptance
4.1.1.    All orders are subject to acceptance in accordance with Cavern City Tours Order Acceptance Policy.
4.1.2.    Cavern City Tours shall not unless by our own negligence be held liable for any loss You may suffer if a third party procures unauthorised access to any data You provide.
4.1.3.    All Products are subject to availability.
4.1.4     Order Acceptance Policy
4.2.    Contracts
4.2.1.    A contract is made between Cavern City Tours and the Purchaser as follows:
the Products are placed on the Website as an invitation to treat only;
the Purchaser places the order on the Website by clicking the payment method on the Payment page of the checkout process which can be online;
purchasers will be guided at each stage through the ordering process set out on the Website;
goods will be dispatched once payment is made;
the Products purchased will be dispatched according to the delivery option You have selected;
Cavern City Tours will send You by email an order acknowledgement setting out the Products that You have ordered. This is not an order confirmation or order acceptance from Cavern City Tours  If You are placing an order by telephone, fax or post because Cavern City Tours will send a written order acknowledgement letter to Your billing address;
Cavern City Tours acceptance of Your order will only take place once the Product ordered has been dispatched.
4.2.2.    Contact us if you require any further information about Your Order
4.3.    Cancellations
4.3.1.   The Purchaser has a right to cancel orders within 7 (seven) working days beginning on the day after delivery of the Product(s).  Cavern City Tours does not accept cancellations after this period.  Please note that refunds and cancellations must be at the request of the Purchaser only; it cannot be the Recipient or any other party.
4.3.2.    You are of course entitled to a replacement where the Product(s) are damaged prior to or upon arrival. If a refund is required and the order has been shipped the order will have to be returned to us.  Cavern City Tours has received the goods the Purchaser will be refunded.  If an order has not been shipped the order can be cancelled prior to Your card being charged. 
4.3.3.    Where the customer would like to amend or cancel an order then they must contact Cavern City Tours as soon as possible. Cavern City Tours may have already packaged the order and arranged for it to be sent to You.  If so then it will not be possible to amend or cancel Your order.  We may not be able to prevent an order from being dispatched.  If Your order is delivered and You wish to return it, please see our Returns Policy for further details. 
4.3.4.    If you order requires to be changed or canceled please contact Cavern City Tours using the contact details set out on the Website. 
4.4.    Payment
4.4.1. Prices and delivery charges are inclusive of VAT (where applicable) at the current rates.  The cost of your order is the price of the Products ordered plus delivery charges as set out in the Payment section of the Website.
You can use the following payment methods:
Paypal, Master Card/Eurocard, Visa/Delta/Electron, American Express, Switch/Maestro, Solo
4.4.2.    The Purchaser confirms that they have the right to use the credit or debit card.  All cardholders are subject to validation checks and authorisation by the card issuer.  If the issuer of Your payment card refuses to or does not, for any reason, authorise payment Cavern City Tours will not be liable for any delay or non-delivery.
4.5.    Transaction refusal
Cavern City Tours reserves the right to withdraw any Products from the Website at any time and/or remove or alter the Website.  Cavern City Tours may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.  We will notify the Purchaser if the order is not accepted.  Cavern City Tours will not be liable for withdrawing any Product from the Website even if that Product has been ordered; nor shall we be liable for refusing to process a transaction even where processing has begun.
4.6.    Contracting requirements
The Purchaser must:
provide their real name, phone number, e-mail address, payment details and other requested information;
provide a delivery address not including a  PO Box numbers or similar, BFPO addresses or similar, mail forwarding addresses or temporary addresses; 
have a valid credit or debit card issued by a bank that is acceptable to Cavern City Tours.
By making an offer to buy a Product, the Purchaser authorises Cavern City Tours to transmit information or to obtain information about You from third parties from time to time, including but not limited to Your debit, credit card numbers or credit information, to authenticate Your identity, to validate Your debit or credit card, to obtain an initial debit or credit card authorisation and to authorise individual purchase transactions.
4.7.    Delivery
4.7.1.    Delivery Policy
4.8.    Returns
4.8.1.   Returns Policy
4.9      Disclaimer
4.9.1   Legal Disclaimer

5.     Limitation of liability

5.1.    This Website and the Content is designed for people accessing it from within the United Kingdom and we make no representation that any Product displayed for information only on the Website is appropriate for use, or available outside of that territory. 
5.2.    Cavern City Tours does not warrant (expressly or impliedly) that the function, operation or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or its server will be free of viruses or other harmful elements.  It is a condition of you visiting and a using the Website that You agree to these Conditions and You acknowledge and accept that access is at Your own risk.  We shall not be liable for damages consequential or otherwise related to Your use of or inability to access this site subject to any legislation or law to the contrary.  We will not be responsible or liable to You for any loss of content or material uploaded or transmitted through the Website.
5.3     Cavern City Tours has made every effort to display the Products featured on Our Website as accurately as possible.  However, the colours used may appear quite different on the monitor that you are viewing. Cavern City Tours will not be held responsible for the limitations of technology and cannot guarantee that Your monitor's display of any colour, texture, or detail of actual merchandise will be accurate.
5.4.    Cavern City Tours makes no claims to the accuracy, either expressed or implied of the Content of the Website.  Cavern City Tours reserves the right to amend errors, make changes to the Website or to the Product information at any time without prior notice and without any liability on its part.  To the fullest extent permitted by law, Cavern City Tours disclaims all warranties, expressed or implied.
 5.5.    There may be links on the Website to other websites which are not under our control.  If You click on any of these external links, You will then leave the Website to which Cavern City Tours has no control over and will accept no responsibility or liability for the Content, accuracy or any other aspects of any website that is not under its control.  An inclusion of a link does not imply Cavern City Tours endorsement of any other site, site owner or content.
5.6.    Cavern City Tours will use reasonable endeavours to ensure that Product details are correct at the time when the relevant information was imparted. However the Website Content may not always reflect the situation accurately at the time of placing an order.  Cavern City Tours cannot confirm the price of a Product until Your order is accepted in accordance with Our Order Acceptance Policy .
5.7.    Cavern City Tours may include gift messages with the Products. If You request a gift message with any Product ordered through the Website, we will use reasonable endeavours to ensure that we accurately record your message and send it with the Product if we are offering that service. We do not accept any liability for errors or any failure to include the message.  You undertake that any gift message You require Cavern City Tours to send will not be in any way racist, blasphemous, defamatory or otherwise offensive.  We reserve the right to remove said messages from our deliveries.
5.8.   The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and We make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
5.9.   To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products.
5.10. Nothing in these Conditions shall affect your statutory rights.
5.11. Subject to fraudulent or negligent misrepresentations, we will not be liable for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
5.12. Nothing in the Conditions shall exclude or limit Cavern City Tours’ liability for death or personal injury resulting from its negligence or that of its servants, agents or employees.
5.13. Subject to clause 5.12 Cavern City Tours liability under any contract for Products purchased shall be limited to the value of Your order.  
5.17.    We shall not be under any liability to You due to our failure, delay or default in carrying out all or any of our obligations under these Conditions due in whole or in part to an event of Force Majeure.

6.   General

6.1.    Product resale
You are not permitted to sell or re-sell any of the Products or any samples provided by Cavern City Tours.
6.2.    Intellectual Property
6.2.1.    The Content of the Website and the rights in and to the Content is owned and controlled by Cavern City Tours or licensed to Cavern City Tours.
6.2.2.    The Trade Marks used on the Website are the registered and unregistered marks of Cavern City Tours and/or our partners are protected by UK and international trade mark laws. 
6.2.3.    You acknowledge and agree that the material and Content contained within the Website is made available for Your personal non-commercial use only and that You may download such material and Content onto only one computer hard drive for such purpose.  Any other use of the material and Content of the Website is strictly prohibited. 
6.2.4.    You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
6.3.    Compliance with laws 
This Website may be used only for lawful purposes and in a lawful manner.  You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through our Website.
6.4.    Severability
If any part of the Conditions shall be deemed, by a court (or similar authority) of competent jurisdiction, unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severed from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
6.5.    Third Party Rights
For the avoidance of doubt nothing contained in these Conditions shall confer on any third party any benefit or the right to enforce any term of these Conditions or any contract with Cavern City Tours.
6.6.    Waiver
No waiver by Cavern City Tours shall be construed as a waiver of any preceding or succeeding breach of any provision.
6.7.    Entire agreement
You confirm that, in agreeing to accept the Conditions, You have not relied on any representation save in so far as the same has expressly been made a term of these Conditions and You agree that You shall have no remedy in respect of any representation. 
6.8.    Law and jurisdiction
The Conditions shall be governed by and construed in accordance with the laws of England the courts of which shall have exclusive jurisdiction.