These Terms will apply to any contract between us for the sale of Goods and Vouchers to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Goods and Vouchers from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Goods and Vouchers from our site.
About these Terms and Conditions
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 20. Every time you wish to order Goods and Vouchers, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.experiencemegastore.com. We are Experience Megastore Limited, a company registered in England and Wales under company number 08104928 and with our registered office at Experience Megastore Ltd, Experience HQ, North Weald Airfield, Merlin Way, North Weald, Essex, CM16 6HR which is also our main trading address. Our VAT number is 140 0472 62.
2. CONTACTING US:
2.1 If you wish to cancel a Contract in accordance with your legal right to do so as set out in clause 16, you just need to let us know that you have decided to cancel by one of the methods set out in clause 15.
2.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0800 999 3212 or by e-mailing us at firstname.lastname@example.org.
2.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
The definitions in this clause apply in these terms and conditions.
3.1 Experience: the experience or activity services as specified on our website to be supplied and/or provided by the Operator.
3.2 Operator: a third party unrelated to us that sells, supplies and/or provides the Experiences. We do not sell, supply and/or provide the Experience. We only sell and supply the Voucher.
3.3 Voucher: an instrument, in either physical or electronic form, which the holder of such voucher shall be entitled to redeem against an Experience on or before the Redemption Date.
3.4 Redemption Date: the date stated on the Voucher by which it must be redeemed.
3.5 Goods: any goods purchased through our site either directly by us or through an Operator including goods such as teddy bears and chocolates which may accompany our Vouchers.
4. OUR SITE
4.1 The descriptions and images of the Goods and Experiences on our site and Vouchers are for illustrative purposes only. Although we have made every effort to ensure the descriptions and images on the site and on Vouchers accurately reflect the Goods and Experiences these do not form part of the Contract and your Goods and Experiences may vary slightly from those images and descriptions.
4.2 Any packaging of the Goods and Vouchers may vary from that shown on images on our site.
4.3 You may only purchase Goods and Experiences from our site if you are at least 18 years old.
4.4 Certain Experiences and Goods on our site can only be purchased if you satisfy the legal age requirement for that Experience or Good. We are not allowed by law to supply these Experiences and Goods to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Experiences or Goods through our site.
5. PLACING AN ORDER HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.
5.3 Your order will be accepted by us when we:
5.3.1 issue a written acceptance of your order;
5.3.2 begin processing your order or
5.3.3 notify you that the Voucher or Goods are ready for despatch; or
5.3.4 when we provide you with the Voucher or Goods;
whichever is the earlier, at which point the Contract shall come into existence.
5.4 If we are unable to supply you with a Voucher or Goods, for example because that Voucher or Goods are not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Voucher or Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
6.1 When you select an Experience for purchase through our site, you are buying a Voucher which is redeemable for an Experience.
6.2 All Experiences are provided by an Operator. Your contract for the Experience is between you and that Operator and not with us. The Operator’s terms will apply to your contract with the Operator. Accordingly we shall have no responsibility to you in respect of the Experience and any issues you have with the Experience should be addressed with the third party Operator.
6.3 Details of the Experience duration given on our site and the Voucher are to be used as a guide only. Most Experiences will be ‘open’ days, meaning that other members of the public will be taking part too. This could mean taking your turn with other members of the public. The information on our site and Voucher is meant as an indication of what to expect at the session in respect of which your Voucher is redeemed. As our Vouchers can be redeemed in return for multi-location Experiences, session lengths, agendas, vehicles used, numbers of participants and other factors specific to that Experience may vary from location to location. Delays, curtailments and breakdowns are not within our control and therefore we cannot be held liable.
6.4 The undertaking of the Experiences may involve some personal risk. With some Experiences you may be required to sign a disclaimer on the day, please read these documents carefully. Some personal insurance policies may not cover some of the Experiences in respect of which our Vouchers may be redeemed. Please check with the Operator and your insurer well in advance of your day. Note that Operators usually require participants to comply with specified safety procedures. Please listen and take note if they ask you to do something – it is usually for your own safety.
6.5 Many of the Vouchers offered may be redeemed for Experiences which have some type of restriction applied to them; these restrictions are not decided by us but by the individual Operator. These restrictions could include age, health, physical and size restrictions. Please read all the information provided for each Experience, to ensure that your initial suggested Voucher is the right one for the recipient. If you are unsure of the suitability of a particular Experience please email us on email@example.com with your query and we will advise you accordingly.
7.1 We issue Vouchers to our customers through our site. Each Voucher issued through our site is:
7.1.1 redeemable against an Experience. Each Voucher is an opportunity to suggest an appropriate Experience for the recipient of the Voucher but if the recipient would prefer a different Experience, the Voucher can also be redeemed by the recipient for a range of Experiences.
7.1.2 valid until the Redemption Date. All Vouchers should be redeemed, and all Experiences should be booked and taken, before the Redemption Date. A Voucher will be deemed to be invalid if the Redemption Date has passed unless it is extended in accordance with clause 9.
7.1.3 transferable to a third party recipient. Transfer of a Voucher will not affect the validity period which will be twelve months from the date of original purchase.
8. VOUCHER REDEMPTION
8.1 When you redeem your Voucher through our site you will be asked to confirm your chosen Experience and preferred location. Where your chosen location:
8.1.1 permits you to book your Experience through our site you will be given the option to select your preferred date and book your Experience. Before submitting your booking you will be notified of the Operator of the Experience and their terms and conditions which you will be required to accept. If you are not prepared to accept the Operator’s terms and conditions, you will not be able to proceed with the booking.
8.1.2 does not permit you to book a date through our website, you will be asked to submit your details and we will send you an email with the contact details of the Operators of your chosen Experience at your chosen location. You must then contact the Operator directly to arrange your Experience. It is your responsibility to ensure that you are happy with the Operator’s terms and conditions which will apply to the Experience.
8.2 Once you book a specific date with an Operator you are bound by their terms and conditions regarding cancellations. Please note that once a date is confirmed with an Operator it is usually not possible to change this date unless the Operator agrees to the change. You must raise your request with the Operator, or if booked directly through our site, by contacting Experience Megastore.
8.3 No change will be given if the cost of the Experience is lower than the amount paid for the Voucher. Where the Voucher has been purchased in respect of a specific Experience, the Voucher will remain valid until the Redemption Date even if the cost of that specific Experience exceeds the amount that was paid the Voucher.
8.4 If you redeem your Voucher, but the Operator has not properly provided you with the Experience, or if you have a complaint regarding the provision of the Experience, you must take action against the Operator directly. This is because the Operator, and not us, is responsible for the supply and/or provision of the Experience. We only sell and supply the Voucher. However, if you and the Operator cannot agree on how to resolve the complaint, we may, at our discretion and upon your request, try to help resolve the issue between you and the Operator.
9. REDEMPTION DATE
9.1 Vouchers may be extended, but only prior to the Redemption Date and provided that the Experience is still available from the Operator.
9.2 If you are unable to utilise the Voucher before the Redemption Date, the Voucher can be extended for standard admin fee of £20 by visiting our site. If the Experience in respect of which the Voucher is to be redeemed has increased in price, you will also need to pay the difference in price. Vouchers purchased on special offer or at a discount price may not be extendable (in these instances this will have been clearly stated at the time of purchase). Once a Voucher has been extended it cannot be refunded.
9.3 Notwithstanding clause 9.2, if you have been unable to redeem your Voucher with the Operator before the Redemption Date through no fault of your own, you may be entitled to a refund or extension. In order to receive a refund or extension, you must prove to our reasonable satisfaction that your inability to redeem the Voucher was not your fault. The decision to grant a refund or extension is within our sole discretion.
10.1 Goods purchased through our site may be despatched and delivered by a third party. Your contract for the Goods is between you and us.
11.1 Where you purchase Goods, or require postal delivery of a Voucher, we will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 18 for our responsibilities when this happens.
11.2 Delivery of your order shall be completed when we deliver the Goods and Vouchers to the address you gave us and the Goods and Vouchers will be your responsibility from that time.
11.3 You own the Goods and Vouchers once we have received payment in full, including all applicable delivery charges.
12. DELIVERY LOCATION
12.1 We do deliver to addresses outside the UK.
12.2 If you place an order for Goods and/or Vouchers for delivery to a country outside of the UK (International Delivery Destinations) we will confirm whether we can deliver the Goods and Vouchers to that address. However there are restrictions on some Goods and Vouchers for certain International Delivery Destinations, so please review the information on that page carefully before ordering Goods and Vouchers.
12.3 If you order Goods or Vouchers from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
12.4 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
12.5 You must comply with all applicable laws and regulations of the country for which the Goods and Vouchers are destined. We will not be liable or responsible if you break any such law.
13. PRICE OF PRODUCTS AND DELIVERY CHARGES
13.1 The prices of the Experiences, Goods and Vouchers will be as quoted on our site at the time you submit your order. We take care to ensure that the prices of Experiences, Goods and Vouchers are correct at the time when the relevant information was entered onto the system. However please see clause 12.5 for what happens if we discover an error in the price of Experiences, Goods or Vouchers you ordered.
13.2 Prices for our Goods and Vouchers may change from time to time, but changes will not affect any order you have already placed.
13.3 The price of the Goods and Vouchers includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods and Vouchers in full before the change in VAT takes effect.
13.4 The price of a Goods and Experiences does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
13.5 Our site contains a large number of Goods and Experiences. It is always possible that, despite our reasonable efforts, some of the Goods and Experiences on our site may be incorrectly priced. If we discover an error in the price of the Goods and Experiences you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods and Experiences at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods and Experiences to you at the incorrect (lower) price.
14. HOW TO PAY
14.1 You can only pay for Goods and Vouchers using a debit card or credit card. We use Worldpay to process your payment. Worldpay accepts all major debit and credit cards.
14.2 Payment for the Goods and Vouchers and all applicable delivery charges is in advance and will be taken at the time you submit your details through Worldpay and commit to payment.
15. MANUFACTURER GUARANTEES
15.1 Some of the Goods and Vouchers we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Goods and Vouchers.
15.2 If you are a consumer, a manufacturer’s guarantee is in addition to, and does not affect, your legal rights in relation to Goods and Vouchersthat are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
16. YOUR RIGHT TO CANCEL AND REFUND
16.1 You have a legal right to cancel your purchase of:
16.1.1 the Voucher within 14 calendar days after the day you receive the confirmation email (the “Voucher Cancellation Period”). However, if you redeem your Voucher during the Voucher Cancellation Period, you expressly request us to begin providing the services to you, and you acknowledge that you lose your right to cancel the purchase of the Voucher. Since we are not responsible for the supply or provision of the Operator, once your Voucher is redeemed we have completed our services to you in full.
16.1.2 the Goods within 14 calendar days after the day you receive the Goods. If we deliver the Goods in instalments your legal right to cancel your purchase of the Goods is within 14 calendar days after the day you receive the last instalment of the Goods.
16.2 If you want to cancel your purchase of a Voucher or Goods you can do so in any of the following ways:
16.2.1 by filling out and submitting the cancellation form set out below at Schedule 1.
16.2.2 by calling us at 0800 999 3212;
16.2.3 by emailing us at firstname.lastname@example.org; or
16.2.4 by writing us at Experience HQ, North Weald Airfield, Merlin Way, Essex, CM16 6HR.
16.3 If you cancel your purchase of the Voucher in accordance with this clause 15, we will refund you for all payments made as part of your purchase within 14 calendar days from the day on which you informed us about your cancellation.
16.4 If you cancel your purchase of the Goods we will, within 14 calendar days from the day on which you informed us about your cancellation, refund you for:
16.4.1 the price you paid for the Goods, less any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
16.4.2 the standard postage charge, corresponding to the least expensive type of delivery offered by us.
16.5 If the Goods or Vouchers have been despatched to you before you inform us you wish to cancel then you must return the Goods and Vouchers to us within 14 days after the day on which you informed us about your cancellation. Unless the Goods or Vouchers are faulty or not as described you will be responsible for the cost of returning the Goods and Vouchers to us.
16.6 As a consumer, you have legal rights in relation to Goods and Vouchers that are faulty or not as described. If you have returned the Goods and Vouchers to us under this clause 15 because they are faulty, we will refund the price of the Goods and Vouchers in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
16.7 Any refund will be made to you via your original method of payment.
16.8 Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
17. OPERATOR CANCELLATION
17.1 In the unlikely event that our Operator needs to cancel your Experience after you have booked a date, they will contact you. We strongly recommend however, that you contact the operator on the day before you depart for your Experience. In the event of cancellation, we will not be held liable for the cost of lost insurance premiums, travel expenses, pre-booked accommodation costs or any other costs incurred.
18. OUR LIABILITY
18.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
18.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.3 We do not in any way exclude or limit our liability for:
18.3.1 death or personal injury caused by our negligence;
18.3.2 fraud or fraudulent misrepresentation;
18.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
18.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
18.3.5 defective products under the Consumer Protection Act 1987.
19. EVENTS OUTSIDE OUR CONTROL
19.1 We 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
19.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
19.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
19.3.1 we will contact you as soon as reasonably possible to notify you; and
19.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
19.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
20. COMMUNICATIONS BETWEEN US
20.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
20.2 You may contact us as described in clause 2.
21. OUR RIGHT TO VARY THESE TERMS
21.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
21.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
21.3 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
22. OTHER IMPORTANT TERMS
22.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
22.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
22.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of these Terms but we and you will not need their consent to cancel or make any changes to these Terms.
22.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
22.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
22.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
SCHEDULE 1 MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To: Experience Megastore Limited, Experience HQ, North Weald Airfield, Merlin Way, Essex, CM16 6HR; email@example.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.