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1.
Introduction to Terms & Conditions
These
terms and conditions and our Privacy Policy apply
to any products that you may purchase on our website www.bbcchildreninneedshop.co.uk (“BBC Children in Need Shop”) or via a postal
order (for schools only).
Please
read these terms and conditions carefully before ordering any products because
by ordering, you agree to be bound by them. If you do not agree to these terms
and conditions, you should not order any products.
We
recommend you print and keep a copy of these terms and conditions for your
records.
2.
UK Customers Only
The
BBC Children in Need Shop is only intended for use by people in the UK
including the Scottish Highlands & Channel Islands, however, not the
Republic of Ireland. We do not accept orders from people outside of the UK.
We
have different pages of the BBC Children in Need Shop for different
customers. Our main page located at www.bbcchildreninneedshop.co.uk is only intended for consumers; that means people
who want to buy our products for personal use and not any business
purposes. If you want to buy any products for your school, college or
University (a School) please go to our schools page of the BBC Children in Need
Shop at www.bbcchildreninneedshop.co.uk/categories/schools or by clicking the “Schools” tab at the top
of the page instead.
3.
Your Status
By
placing an order through the BBC Children in Need Shop, you confirm that:
·
you are legally capable of entering
into binding contracts;
·
you are at least 18 years old; and
·
you are based in the UK.
4.
Our Contract
Orders
are subject to availability and acceptance. The steps required to create
a contract between us are as follows:
Online
Orders
·
You must complete the online “check out
process” and place an order by clicking “Place Order & Pay Now”. If you
want to correct any errors you make during the order process, you can use the
‘back’ button on your web browser to start again or you can remove items from
your basket;
·
After placing an order, you will
receive an ‘order confirmation’ email from us acknowledging that we have
received your order and payment. Please note that this acknowledgement email
does not mean that your order has been accepted as we will have to carry out
stock and identity checks first;
·
Finally, we will send you an email
confirming that we have dispatched your products to you (the Dispatch
Confirmation). The Dispatch Confirmation email is our acceptance of your order
and the contract between us (the Contract) will only be formed when we
send you the Dispatch Confirmation.
Postal
Orders (Schools only)
Where
you order by post, you must complete the order form in our Schools Fundraising
Pack and return it together with your cheque to Pudsey School’s Shop, PO Box
504, Leicester, LE94 0AE - please allow 7 working days for receipt of
your order. The Contract between us will only be formed when we send your
order to you. All postal orders must be received by 12th November
2021 otherwise we will not process your order.
Please
ensure the cheque has the correct amount to pay that matches the total retail
price of the goods on it, otherwise we will not process your order.
Issues
with your Order
School
Orders - if any product in your order is out of stock then:
·
if you ordered online, we will try and
supply you with an appropriate substitute of the same value or higher. If you
are not happy with your substitute, you may cancel that particular product
within 14 days of receiving your order and get a refund. Please notify us
at the Pudsey Helpdesk (below). You must return the affected product to us (see
‘Returns Procedure’ below), or
·
if you ordered by post you could choose
whether to receive a substitute product. If you choose to, you cannot then
cancel any appropriate substitute we send.
In
either case, if we do not have an appropriate substitute available, then we
will refund the amount you have paid for the affected product.
Individual
Orders - If your order, or part of your
order, is out of stock, we will try and supply you with an appropriate
substitute either to the same value or higher. If you are not happy with your
substitute, you can cancel it (see ‘Cancellation’ below). If we are unable to
supply you with an appropriate substitute we will provide you with a refund for
that product.
If
we confirm to you that some but not all products that you have ordered have
been dispatched, those products that have not been dispatched will not form
part of the Contract. In the event of any change or issue with your order, such
as an increase in price between submission of your order and Contract formation
or an error in the description of your product, we shall inform you and you
shall at that point have the right to either: (i) accept such change (in which
case your email reply will represent a new offer which we will accept upon
notification of dispatch); or (ii) reject such change (in which case your email
reply will represent a withdrawal of your order, or the relevant part of your
order as the case may be). If you have already paid for the product(s) we will
refund the full amount.
If
a refund is required in any of the above circumstances, we will aim to refund
you within 30 days of us receiving your order.
The
Contract will be concluded in English.
The
details of your Contract will be held by us. If you require any
information about your order, you can either contact your dispatch courier or
contact us through the ‘Contact Us’ form
on our website or via the Pudsey Helpdesk (below).
5.
Delivery
We
can only deliver within the UK including the Scottish Highlands and Channel
Islands (excluding the Republic of Ireland). We cannot deliver to PO Boxes. We
will deliver to the address you provided when you ordered and which is
confirmed in your Dispatch Confirmation if you ordered online.
Estimated
delivery times are displayed on the BBC Children in Need Shop on the delivery
tab next to each individual product. If no delivery date is specified, your
order will be delivered within 30 days of the date of the Dispatch
Confirmation. We will do our best to deliver to you in accordance with
such timescales. However, we cannot always guarantee that we will do so
due to factors beyond our reasonable control.
6.
Price and Payment
We
aim to ensure that the prices on the BBC Children in Need Shop are correct at
all times. However, despite our best efforts, some of the products may be
incorrectly priced.
Prices
are discounted for Schools. If you purchase from the Schools' page of our
website at www.bbcchildreninneedshop.co.uk/categories/schools or place an order for the discounted products
from our Schools Fundraising Packs; by purchasing you confirm that you are purchasing
for a School.
All
prices include VAT (where applicable), but exclude delivery costs, which will
be added to the total amount.
All
orders
We
accept payment by credit or debit card or using your PayPal account.
All
credit and charge card holders are subject to validation checks and
authorisation by the card issuer. If the issuer of your payment card refuses to
authorise payment to us, your order will not be accepted and we will not be
liable for any delay or non-delivery.
7.
Product Information
The product information contained on our website
and Schools Fundraising Packs has been published in good faith and we will do
our best to ensure that it is accurate. However, occasionally, it may be
incorrect, incomplete or out of date due to human error or circumstances beyond
our control.
Colours and appearances of products on paper,
computer, tablet or mobile device screens may vary slightly and may not
accurately reflect actual products delivered.
8.
Cancellation - I’ve changed my mind and want to cancel
Schools
and Work Place orders only
If
you have placed an order for a School or a Work Place, whether by post or
online, you cannot cancel your order once we have accepted it unless your
products are faulty or if we’ve sent you a substitute product and you haven’t
told us in advance you are happy to receive substitutes.
Individual
consumer orders only
If
you are an individual consumer and have ordered for your personal use (not
business purposes) and you change your mind, you may cancel your order up to 14
days starting on the day after you receive your order or, where multiple
products from one order are delivered separately, up to 14 days starting on the
day after you received the last product.
To
cancel, please tell us via the ‘Contact Us’ form
on our website or via the Pudsey Helpdesk (below). Please tell us your name,
address, order reference, the date your order was delivered, and provide a
clear statement that you want to cancel. You can also use the model
cancellation notice set out here.
You
must return the products to us within 14 days of the date you told us you want
to cancel (please see our Returns Procedure below).
We
will give you a full refund of the price you paid for the cancelled products
and any applicable standard delivery charges. We will process the refund
within 14 days from the date we receive the returned products from you or proof
that you have sent them to us.
You
are under a legal obligation to take reasonable care of the products to be
returned whilst they are in your possession. If you fail to do so, we may have
a right of action against you for compensation or may reduce the amount of any
refund to you.
9.
Faulty Products
We
want to provide you with the best possible customer service and we hope you are
delighted with your products. However if your order is faulty, damaged or not
as described on the BBC Children in Need Shop or in our Schools
Fundraising Pack, please complete the “Returns” form in your Delivery Note and
return your form and products to us using the Returns Procedure below.
Alternatively, you can contact the Pudsey Helpdesk who will do their best to
assist you.
We
must supply products that conform to what you ordered. If you are an
individual consumer, you have legal rights in relation to products that are
faulty or not as described. Advice about your legal rights is available from
your local Citizens Advice Bureau or Trading Standards office. Nothing in these
terms and conditions will affect these legal rights.
10.
Returns Procedure
When
returning your products, please ensure you comply with the following
conditions.
·
please return the products to the
following address: Pudsey Returns, PO Box 504, Leicester, LE94 0AE and include
the returns form in your delivery note;
·
you will bear the cost of returning the
products unless they are faulty damaged or not as described on the BBC
Children in Need Shop;
·
where possible, we ask that you please
return the products in their original packaging. Where this is not possible,
please ensure that the products are packaged securely to help ensure that they
reach us safely and in good condition;
·
we recommend you obtain a proof of
delivery receipt. This is your proof of return and can be provided if the
product you are returning fails to arrive at our Returns Warehouse.
We
will provide any refund by using the same means of payment as you used for the
initial transaction.
11.
Donations
Any
additional donations you make through the order process are non-refundable
unless specifically requested and approved by us (in very limited
circumstances).
12.
Our Liability
We
will not be liable to you for any failure or delay in delivering products or
for any damage or defect to products that is caused by any event or
circumstance beyond our reasonable control. We will contact you as soon as
reasonably possible in such an event.
If
we fail to comply with these terms and conditions, we are only responsible for
any loss or damage you suffer that is a foreseeable result of our breach of
these terms and conditions or our negligence, but we are not responsible for
any loss that is not foreseeable. Loss or damage is foreseeable if it was an
obvious consequence of our breach or if it was contemplated by you and us at
the time we entered into the Contract.
We
only supply the products on the BBC Children in Need Shop for domestic and
private use or, in the case of Schools, for use with your School’s fundraising.
You agree not to use the products for business, commercial or re-sale purposes
(except in the case of buying items in bulk to sell on in aid of BBC Children
in Need) and we have no liability to you for loss of profit, loss of business,
business interruption or loss of business opportunity.
If you have placed an order on behalf
of a School, our total liability to you under the Contract (whether arising in
contract, tort (including, without limit, negligence), breach of statutory duty
or otherwise) shall not exceed the price paid for the products giving rise to
the liability.
Nothing
in these terms and conditions shall exclude or limit our liability for:
· death
or personal injury as a result of our negligence;
· our
fraudulent misrepresentation or fraudulent concealment;
· any
breach of the terms implied by sections 12 to 15 of the Sale of Goods Act 1979;
· defective
products under the Consumer Protection Act 1987; or
· any
other matter which we cannot limit or exclude by law.
13.
Privacy
You
must enter certain information during the “checkout” process and also if you
register with us e.g. your name, address and telephone number. You are
responsible for ensuring that all the information you provide to us is true and
accurate.
We
think it is important that you know exactly what personal details we collect
from you and how we look after and use them so we have set out full details in
our Privacy Policy.
In particular, your information will be shared with our website host and
fulfilment partner Multi Resource Marketing Ltd.
If
you pay for your order using PayPal you will be directed to PayPal’s website
and PayPal’s own privacy policy will apply. We are not responsible for how
PayPal uses your personal details. We recommend that you check PayPal’s terms
and conditions and privacy policy before you use their service.
14.
Pudsey Helpdesk
If
you have any questions or complaints, please contact us by using the ‘Contact
Us’ form here or
emailing us at pudsey@bbc.co.uk or
calling us on 0345 609 0015 (Monday - Friday 9am to 5pm -standard geographic
charges from landlines and mobiles will apply).
15.
Sustainability
At the forefront of our mind when creating this
year’s range our aim was to improve the sustainability of our products. We did
this where possible by creating products using recycled materials, or choosing
materials that can be recycled in order to reduce waste. We also wanted to
develop items that had longevity and could be used all year round. We at BBC Children
in Need take responsibility and want to lead by example, making sure our
products are not wasteful and do not harm the environment, because being sustainable and looking after
our planet is at forefront of everyone's minds. We are committed to improving
this even further over the months and years to come.
16.
COVID-19 Update
We are doing all we can to protect our teams and
customers. Additional safety precautions have been put in place in our
warehouse including, without limit, no direct contact between staff who must stay
at least two metres distance apart and additional hygiene and cleaning
precautions.
17.
General
We
may change these terms and conditions at any time. You will be subject to
the terms and conditions in force at the time the contract is formed between
you and us (as set out above) so please check them regularly for any changes.
You
may not transfer the Contract or any of your rights or obligations arising
under it without our prior written consent.
Nothing
under the Contract shall give any rights to any person who is not a party to
it.
As
far as is legally possible, all aspects of the contract between you and us
shall be governed by the laws of England and Wales and we and you agree to the
non-exclusive jurisdiction of the courts of the courts of England and
Wales. In some circumstances, the laws where you live may apply and the
courts where you live may have jurisdiction.
18.
Who are we?
The
BBC Children in Need Shop is operated by Children in Need Limited. We are
a company registered in England and Wales (company number 02461031) and our
address is Bridge House, Media City UK, Salford, M50 2BH. Our VAT number
is GB 945 7991 61.
We
are the trading subsidiary of BBC Children in Need (company limited by
guarantee (number 04723022) and a charity registered in England and Wales under
number 802052 and in Scotland under number SCO39557).
Version
date 1 June 2021