TERMS AND CONDITIONS:
1.1 In these conditions,
`BUYER` means the person or corporate body who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.
`GOODS` means the goods (including any instalment of the goods or any parts for them) that the Seller is to supply in accordance with these Conditions.
`CONDITIONS` means the standard terms and conditions of sale set out in this document and (unless the context a otherwise requires) including any special terms and conditions agreed in writing between the Buyer and the Seller
`CONTRACT` means the contract for the purchase and sale of the Goods
`WRITING` includes facsimile transmission, electronic mail and comparable means of communication.
1.2 Any reference in the Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these conditions are for convenience only and shall not affect their interpretation.
2. CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000
2.1 The consumer is entitled to cancel the contract with the Supplier up to 7 business days from the date after receipt of the goods. The consumer is under a duty to restore goods to the supplier and in the mean time take reasonable care of them. The consumer must pay for the safe return of the goods to the Supplier, where the consumer does not return the goods then the consumer must pay the Supplier all reasonable charges to recover them.
The Supplier may deduct the cost of collecting the goods from any refund if the consumer fails to return the goods. Similarly the supplier may deduct the cost of the original delivery of the goods to the customer.
The contract may only be cancelled in writing or by email, a telephone call is not enough.
Where a consumer exercises the right to cancel under the cooling off period, the goods should be returned or be available for collection with 5 days of the notice being given.
Where the Seller has dispatched goods to the Buyer but the goods are not delivered (due to the Buyer either refusing to accept or not be available to take delivery) then the Seller shall refund the cost of the goods minus any reasonable charges in recovering the goods.
3. ORDERS AND SPECIFICATIONS
3.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless payment has been taken by the Seller.
3.2 The quantity, quality and description of and any specification for the Goods shall be those described on the website www.citycardmanchester.co.uk (if accepted by the Buyer) or the Buyers order (if accepted by the Seller)
3.3 Any order that has been accepted by the Seller may be cancelled before delivery or after delivery under the Distance Selling Regulations. Cancellations must be made by email, or writing to our office. Notification by phone is not sufficient.
3.4 Any amendments or cancellations to orders must be received in writing or by email. If no written confirmation is received then no changes will be made to the order and goods will be delivered as per the order.
3.5 Orders placed are normally dispatched within 7 business days and will be delivered by standard mail provided no additional security checks are required and all stock items are available.
3.6 In the event of non availability of a specified element of the membership pack, an alternative of similar specification may be substituted at the sellers discretion.
4. PRICE OF GOODS
4.1 The price of the goods shall be the sellers quoted price on the website. Buyers shall make an offer to purchase the goods from the Seller by placing an order on the website. This offer to purchase does not constitute the sellers acceptance to supply the goods at the price shown. The contract shall be made at the point where the Seller takes a payment from the Buyer in total. Where there are delays in taking payment the price of the goods cannot be guaranteed. The Seller will notify the buyer within 48 hours if the offer to purchase is not accepted.
4.2 Except as other wise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in Writing between the Buyer and the Seller, all prices are given by the Seller on an ex works basis, and where the Seller agrees to deliver the goods otherwise than at the Seller`s premises, the Buyer shall be liable to pay the Seller`s charges for the transport, packaging and insurance.
5. TERMS OF PAYMENT
5.1 The Seller shall not be bound to deliver the Goods until the Buyer has paid for them. Payment shall be due before the Delivery date and time for payment shall be of the essence.
6. ACCEPTANCE OF THE GOODS
6.1 The Buyer is deemed to have accepted the Goods once a reasonable period has elapsed from date of delivery.
6.2 If the goods are thought to be defective after a reasonable period has elapsed then a replacement may be offered if the goods are indeed found to be defective.
7.1 The Seller shall make delivery of the Goods to the Buyer as agreed by the Seller.
7.2 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the quoted delivery date.
7.3 The Seller may elect to send the Goods on different days. The Seller in the interests of convenience to the Buyer will keep these instances to a minimum.
7.4 The Goods shall be delivered to the Buyer at the Buyer’s address by standard mail. The risk on the Goods shall pass to the Buyer upon such delivery taking place. If in the event of the Buyer believing that the goods were not received, then the Buyer must contact the Seller using the online contact page at www.citycardmanchester.co.uk with full details of the transaction date, members name, assigned membership number and comprehensive contact details, at which point the Seller shall contact the buyer to discuss the issue.
8. WARRANTIES AND LIABILITY
8.1 All goods purchased are designed to withstand 12 months of reasonable wear and tear. In the case that everyday usage has meant that the membership card or handbook is in a condition that renders it unusable, they must be returned to the address on the card with a covering letter for a replacement to be sent. Damage caused by negligence of the Buyer will result in a replacement being supplied at a cost of £5.00. The goods must be returned to the address on the membership card with a covering letter and cheque for £5.00 per item for a replacement to be sent. Replacements will not be sent until the cheque has cleared. City Card Ltd reserve the right to dispute a claim that goods are unusable due to everyday usage.
8.2 The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, misuse or alteration of the Goods without the Seller’s approval.
8.3 Any claim by the Buyer which is based on any physical damage or defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 7 business days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect. If delivery is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
8.4 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or refund to the Buyer the price of the Goods (or a proportionate price of the price), but the Seller shall have no further liability to the Buyer. Where a replacement is available a refund will only be offered within 30 days. Where a refund is requested the item(s) must be returned to the Seller within 30 days.
8.5 All orders from this website are processed and fulfilled by PayPal UK, acting as agent for City Card Ltd.
9. TERMS AND CONDITIONS OF MEMBERSHIP USAGE
9.1 City Card member offers are not valid in conjunction with any other offer, which may include individual establishments special offer menu’s, promotions, sales, or special events.
9.2 Membership cards are valid for use by the member only and are non-transferable. For this reason ID may be required. Any cards being used fraudulently will be confiscated.
9.3 Please read all details of the individual offer carefully to avoid disappointment. Some may be subject to restrictions on certain days and times and may not be available on special calendar dates (including Bank Holidays, Mothers day, Fathers Day, Valentines day, and the Christmas and New Year period). Offers may also be available on certain menu’s only e.g. a la carte only, excluding set menu’s. Please quote ‘City Card’ when checking availability with the establishment to avoid disappointment.
9.4 Pre-booking is essential at some establishments and failure to do so may render the offer invalid. Always quote ‘City Card’ when making a booking to avoid any confusion. If in doubt, please phone prior to arrival to check availability.
9.5 For establishments not requiring pre-booking, please present your City Card Manchester membership card on arrival and again when asking for the bill to avoid any confusion. Not doing so may render the offer invalid.
9.6 On offers available to larger groups, only one bill will be totalled per table/ group.
9.7 All offers are subject to availability, and the management of each establishment retain the right to refuse the City Card member offer within reason.
9.8 Every effort has been made to ensure that all information on the website www.citycardmanchester.co.uk is correct at all times. Due to unforeseen circumstances, offers or other information may change. City Card Ltd will endeavour to keep the website updated with product developments. City Card Ltd cannot accept any responsibility for factual errors contained in the handbook.
10.1 The Buyer hereby acknowledges and confirms that the Buyer shall keep confidential all information of a secret or confidential nature (except for that which is already in the public domain) in relation to the Seller or the Seller’s business which is disclosed to it or its advisors by the Seller or its advisors and will not without the Seller’s consent divulge such information.
11. LEGAL JURISDICTION
11.1 This agreement is made under English law, and both parties submit to the jurisdiction of the English courts.
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