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Terms & Conditions

Swanage Jazz Festival

Terms and Conditions


This page (and any other documents that are referred to on it) contains the Terms and Conditions on which we supply any of the products listed on the Swanage Jazz Festival website (https://swanagejazzfestival.co.uk).
Please read these Terms and Conditions carefully before ordering any products from our website. You should be aware that by ordering any of our products, you agree to be bound by these Terms and Conditions. If you have any questions or feel unsure about any of the content please contact us on info@swanagejazzfestival.co.uk before placing an order.

We have written these Terms & Conditions with you, the customer, in mind and have tried to make them as easy to understand as possible. To further enhance your understanding of the terms we have listed some words that are widely used throughout the document:

Contract means any purchase of items from our site between us and you for which these Terms & Conditions are used for.
Conditions means the standard Terms & Conditions of the sale, including the Returns Policy and any special terms and conditions confirmed in writing by us.
Goods means the products or services which we have sold to you in accordance with our Terms & Conditions
We means The Swanage Jazz Festival, and “us” and “our” shall hold the same meaning.

Within these Terms & Conditions we shall use headings to aid your understanding of the document.

If you need to contact us, please contact our Customer Service by email at info@swanagejazzfestival.co.uk.
Any transaction you enter into with us through our website is entered into with Swanage Jazz Festival, our legal entity which owns the Swanage Jazz Festival brand and which owns and operates this website.

Our official company address is:
Paul Kelly
Swanage Jazz Festival
17 Sancreed Road
Poole
Dorset BH12 4DZ.


Booking Terms and Conditions

Ticket Refunds and Exchanges

Unless otherwise expressly stated in these Terms, you will not be able to cancel an Order after it has been accepted by Us, nor are you entitled to a refund for any tickets purchased by you, even if you are unable to attend the event. The cancellation rights contained in the Consumer Protection (Distance Selling) Regulation 2000 (as amended) do not apply to the sale of Tickets.

Cancellation or Rescheduling

If the event is cancelled or rescheduled by Us you will be entitled to a refund of the Ticket Price, less any postage and/or card charges. Refunds must be claimed within 1 month from the date of the event.

Notifications

We will use reasonable endeavours to notify you if an event is cancelled or rescheduled, but you acknowledge and agree that it is your responsibility to check whether an event has been cancelled or rescheduled and we have no liability for any failure to notify you.

Travel and Accommodation Costs

We bear no liability for any travel or accommodation costs if we are forced to cancel or reschedule the event.

About the use of this website and our communication

Accessing our website means that you automatically agree to our Terms and Conditions. If you do not agree with them then please do not use our website and leave it. Our website is provided to you for your personal use only.

If you choose to access this website from outside the UK you are responsible for compliance with local laws if and to the extent local laws are applicable.

We have made every effort to display the products as accurately as possible but cannot guarantee that the product images you see displayed on your screen are a totally accurate representation of the actual merchandise due among other reasons to the technical difference in monitors or screens you may use.

By placing an order through our website, you confirm that you are legally capable of entering into binding contracts, that the personal information which you provide when you register as a customer and place an order is true, accurate, current and complete in all aspects, and that you do not impersonate any other person.

We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represent the full functionality, accuracy, and reliability of the website.

As part of our effort to make further improvements to our services we provide to our customers we may monitor incoming and outgoing emails.

Our employees and agents are not authorised to make any representations concerning the goods unless confirmed first by us to you in writing. When placing an order with us you acknowledge that you have not relied on any such representations which are not confirmed.

All specifications, drawings and particulars of weights, sizes and performance issued by us are approximate only.


Making a contract with us

When you place an order with us, you are making an offer to buy goods. After receipt of your order we will send you an order acknowledgment email detailing the products and prices you ordered. If you do not receive such an email within 24hrs of placing your order please contact our Customer Services.

The order acknowledgment email is an acceptance of your order. Acceptance of your order and formation of the contract will only take place once confirmation has been sent.

In the unlikely event that the goods are no longer available, or that we have made a pricing mistake, we will advise you of this. You will then not receive an e-mail acknowledging your order and there will be no contract between us. If the goods you order are not available, we may supply you with substitute goods. If you decide not to accept these you will not have to pay to return the goods to us


Pricing policy

All prices shown in the website are in pounds sterling and are inclusive. In case we use a special sale offer price please note that this might be a limited period offer. The price for goods remains the same regardless of the country of delivery.

We take great care in providing you with the right product information and prices. In the unlikely case that an error in pricing appears in goods that you have ordered we will inform you as soon as possible. However we shall be under no obligation to fulfil an order for a product that was shown at an incorrect price. In such a case we will contact you by email.


Delivery charges

A charge will be made to cover postage and packaging on all orders sent to single UK mainland addresses. The delivery charge is not included in the product prices shown and is added at checkout.

We do not currently offer international delivery via our online store. If you want an item shipped to a destination outside of the UK, please contact us on info@swanagejazzfestival.co.uk.

Products can be ordered to be collected for free from the Jazz Festival Information Kiosk during the event. Please bring a printout of your order confirmation to claim your item. Any items that are unclaimed during the festival will only be retained for a period of two weeks.


Payment

Credit/Debit card Payments: We accept payment via Visa Debit/Credit via the Stripe’s online payment system. We take payment from your card at the time we dispatch your order.
All credit card and debit card holders are subject to validity checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
Payments made by credit card will only be debited from the users account after the goods have been shipped. Estimated payment dates will be displayed on the user account.

Cheque payments: Once your order is placed, you must send a cheque for the full amount made out to:

Swanage Jazz Festival
10 Globe Close
Swanage
Dorset
BH19 2RF


Description of Products and Availability

If an items sells out we will take it off display as soon as possible. If items that you order should be out of stock, or delayed for any reason, we will try to contact you, or if we receive no response to our e-mail we will continue to process the remaining items of your order.

If an offer is subject to a limited period of availability or is made subject to conditions, this will be explicitly mentioned in the offer.


Shopping and Placing an Order

We have tried to make shopping with us as easy as possible, e.g. you can filter by type of product. You do not have to register an account in order to place an order. Simply select your items for purchase and use the payment gateway to pay by card or alternatively send us a cheque.

Once you have placed an order, it will then be confirmed by email. Please check your order and the confirmation thoroughly. It is important that you give a correct and personal email address when you register in order to avoid errors. Please make sure that your SPAM filter does not cause you not getting our messages.

When placing an order you have agreed that these Terms and Conditions apply to such order.


Delivery

When your order has been shipped we will send you a despatch confirmation by email. We send the goods that you have ordered through Signed For Royal Mail. The place of delivery is deemed to be the shipping/delivery address that you provide in your order. We aim to process your order within 48 hours.

If you are not at home during the day that will not be a problem: we will deliver your order wherever you want. In this case it is important that you give the right address when placing the order. Please note it’s not possible to have your order delivered to a P.O. Box.

If the goods are lost or damaged in transit, please let us know promptly, so that we can make a claim against the carrier. We will offer you the choice of a replacement or a full refund. Please see Returns Policy for further details.


Cancellation and Return Policy

This cancellation policy does not affect your rights when we are at fault – for example, if goods are faulty or misdescribed.


Faulty Goods

If there is a problem with the goods please contact us to discuss the matter further.

If the goods are found to be faulty within a seven days after delivery, you may reject them and claim a full refund. If the fault is found after this period or if you delay in making a complaint, a refund or replacement will not be available.

No claim for faulty goods can be made if any of the following applies: damage caused deliberately or negligence, improper use or careless maintenance, normal wear and tear, damage caused by not heeding or incorrectly heeding the user/washing instructions.


Returns Process

For orders delivered to a UK address, if you want to return any faulty products in line with our Return Policy, please contact us at info@swanagejazzfestival.co.uk. When returning the goods you are required to fill out the Return document that we will have included with your order.

We will re-imburse the amount you paid for your purchase with us to your account within 30 days.

In the event that the wrong product has been sent to you, we will refund the amount you paid for your purchase with us including the original shipping costs. Any costs incurred on your behalf for the return of the wrong item shall also be refunded by us once we have received the goods from you.


Payment

Payment from outside of the UK may be made by any of the methods indicated on our website. Payment shall be made in the currency relevant to the country of delivery. Please view our Payment Page. The exchange rate will be set by your bank or credit card provider who may also charge you an additional administration fee.


Complaints Procedure

We do our utmost to provide you with the best information, products and services possible. In the case you do have a complaint or other comment to make please contact us by email or post at the earliest possibility clearly explaining the feedback you have. We will reply within 24hrs.


Data protection, privacy and security

For information please see our Privacy Policy.


Copyright

This website’s content (including text, design, layout, images, and videos) are protected by copyright and are the property of Swanage Jazz Festival. Any use other than for your own personal and non-commercial use in line with the transactions and communications between you and us is not allowed without our express written permission.


Liability and Indemnity

Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Our liability for losses you suffer as a result of us breaking these Terms and Conditions is strictly limited to the purchase price of the product you purchased. Except as set out above and in relation to our contractual obligations to supply goods and/or services following acceptance of orders placed on our website, neither we nor any of our agents, affiliates, directors, employees or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use of the website.

We shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of income or revenue, loss of data, damage or loss of business, loss of profits or contracts, loss of anticipated savings, waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or any other indirect or consequential loss arising out of or in connection with your use of the website (including without limitation, any such loss arising out of or in connection with any order placed on the website, whether or not accepted by us).

You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you. We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.


Jurisdiction

These Terms & Conditions and all matters connected with any order you place on our website are governed by English law and you agree to submit to the exclusive jurisdiction of the English courts in relation to all matters connected with, or arising out of, the website or any order you place on the website.

All dealings between us in connection with our Terms & Conditions and each purchase shall be carried on in the English language.

You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.


General

These Terms apply to our information and offer to you, the agreement between us and any related communication. We may change our Terms and Conditions at any time, so please do not assume that the same terms will apply to future orders.

In the event of any of these Terms and Conditions to be invalid or unenforceable the remainder of these Terms and Conditions will remain in place. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our reasonable control which includes any strikes, civil commotion, terrorist attack or threat of terrorist attack, , fire, explosion, flood, other natural disaster, impossibility of the use of public or private transport, impossibility of the use of public or private telecommunications networks or any acts, decrees, legislation, regulations or restrictions of any government.

If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.

Refusal of Admission

The Directors of Swanage Jazz Festival reserve the right to refuse admission. If such a decision is taken after payment is made and before the Festival starts, the Festival will give a full reimbursement.  There will be no appeal in such circumstances and no obligation upon the Festival to provide a reason.