Terms & Conditions
These Terms, and any Contract between us, are only in the English language.
Please read carefully before ordering..
Who we are – The Pumping Marvellous Foundation is the UK’s leading patient led Heart Failure Charity in the UK and our registered charity number is 1151848 in England and Wales.
We are also registered as a company in England and Wales under registration number 08370761.
Our Head Office is Located at:
Suite 111 Business First, Millennium City Park, Millennium City Road, Preston, PR2 5BL
Tel 01772 796542,
Email [email protected]
We are regulated by the charities commission, information commissioner’s office and are members of the fundraising regulator.
We are registered with the Information Commissioners Office and our registration number is ZA051435
1.1 The purchase of products from this site is governed by the terms and conditions of sale as set out below. These are offered as additional protection to you and do not affect your statutory rights as a consumer. However we cannot accept liability to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the products.
1.2 Whilst we will make all reasonable endeavours to ensure that the appearance and/or colours of products shown on this site exactly reproduce the appearance and/or colours of the physical products themselves, this cannot be guaranteed. We may at any time make changes to this site, the products we sell and their details, including prices. All changes shall be reflected on the website as soon as reasonably possible following when they are made.
2 Legal Capacity
We are delighted when children wish to purchase products from our web site. However any person under the age of 18 who wishes to make a purchase must find an adult such as their parent to place the order for them in the parent or guardian’s name. By placing an order with us you are giving us your express assurance that you are at least 18 years of age.
3. Price and Payment
The prices for products displayed for sale on this site are as set out on the site and are inclusive of all costs including VAT. Postage and Packing will be charged in addition to the cost of the products and this is clearly displayed and included in the Total Price of the Order. Prices and delivery costs are valid and effective only for delivery in the United Kingdom. For delivery purposes, the United Kingdom includes Scotland, England, Wales and Northern Ireland and all B.F.P.O. addresses. All prices are displayed in UK pounds (sterling) and all orders shall be charged in this currency including credit and debit card transactions.
All of our shop sales payments are taken via Paypal. The Pumping Marvellous Foundation does not see your payment details and are secured via the Paypal system.
5. Disclosure of personal data
Your personal data will be used to provide the information, goods and services offered through our website to you, for billing and order fulfilment.
We may disclose your personal data In cases where we are required by law to pass on information or if we believe action is necessary for fraud, cyber crime or to protect the website, rights, personal safety of person/s.
We may also disclose aggregate statistics about visitors to our website (customers and sales) in order to describe our services to prospective partners (advertisers, sponsors) and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information.
If you are concerned about your data, you have the right, subject to the payment of a small fee to request access to personal data which may hold or process about you.
6. Ordering and Delivery
6.1 We cannot dispatch your order until it has been paid for in full and payment of your order shall create a legally binding contract between us. We reserve the right not to supply you at our discretion.
6.2 Upon placement of an order we shall acknowledge your order by e-mail which will be sent to the e-mail address you provide at the time of making the order. We cannot guarantee your receipt of this confirmation e-mail since this may involve factors outside of our control.
6.3 We will deliver the Products ordered by you to the address, which you give for delivery when you make your order. You may specify a delivery address which is different from your invoice address, As majority of our products will be dispatched on a signed for service, we recommend supplying an address where a signature can be obtain i.e Work, Neighbours, Friends or Relatives.
6.4 We shall not be liable to you where performance of any of our obligations to you is prevented, frustrated or impeded by any circumstances or cause beyond our reasonable control.
7. Right to cancel
7.1 All customers have the right to cancel their orders under the The Distance Selling Regulations which gives consumers extra protection when buying online. You have the right to cancel the purchase of a good without having to give a reason at any time within the “cooling off period” of seven working days, beginning on the day after you receive the goods.
7.2 If you are in possession of the goods you are under the duty to retain them and take reasonable care of them. You must send the goods back to us to our contact address at your own cost (unless we delivered the item to you in error or the item is damaged or defective) as soon as possible once you have cancelled the contract.
7.3 We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.
7.4 Once you have notified us that you wish to cancel the contract, any sum debited to us will be refunded to you as soon as possible and in any event within 30 days of your cancellation.
7.5 You will not have any right to cancel a purchase for the supply of any of the following goods:
For the supply of goods made to your specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. For the supply of audio or video recordings or computer software if they are unsealed by you.
8.1 If any products are to be returned, you must comply with the returns procedure set out herein. In that case we will accept any returned products if the return is complete and accompanied by the details set out in 8.2 below and, in the case of an order which you wish to cancel, if the return is in unused and re-saleable condition.
8.2 To return a product, please enclose a note giving the reason for the return together with details of your name, product ordered and quantity ordered. In the case of a defective product, please provide a full description of the fault and return the defective product in its original box (if any) with all warranty cards, licences, manuals and accessories. If you are cancelling a contract for the purchase of a product, please give the reason for return as “Contract Cancellation” and package the product securely and send it to us so that we receive it within fourteen working days of the date the item was delivered to you. The product should be sent to the address notified at the end of these terms and conditions. For your protection, we recommend that you use a recorded delivery service. This returns policy does not affect your statutory rights.
8.3 If there is a defect or discrepancy in the order then we will be happy to refund the delivery charges incurred in sending the product to you and your costs in returning it to us. Otherwise you will be responsible for those charges.
All communication you send us must be sent to the contact details below. In providing the service of any communication, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressees.
Pumping Marvellous Foundation
Suite 111 Business First, Millennium City Park, Millennium City Road, Preston, PR2 5BL
Tel 01772 796542,
Email [email protected]
These terms are governed by English law. Any contract for the purchase of goods from this site and any dispute or claim arising out of or in connection with any such contract will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident in Scotland you may also bring proceedings in Scotland.
For specific legislation and for more detailed regulations go to: www.legislation.gov.uk
With thanks to legislation.gov.uk for providing information on legislation.
By accessing and using this web site you agree to be bound by the Terms and Conditions as set out below. If you do not wish to be bound by these Terms and Conditions you should not access or use this web site in any way.
General Online Terms and Conditions.
1. Definitions “Agreement” means the terms and conditions referred to below, in respect of which you agree to be bound in the event that you access or use the Web Site (as defined below). “User” means you, the Web Site User. “Disclosed Information” means any and all material disclosed by the User. “Information” means any and all material contained in the Web Site (as defined below) which is delivered by or on behalf of (the web site operator) or any associates thereof. “Web Site” means any (identify client) web site and in particular, but not limited to:- (list & describe web sites operated by client).
2. Ownership of the Web Site The Information contained on the Web Site is owned by, licensed or authorised to (the web site operator) its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Web Site is owned by (the web site operator) or its licensors or its content or technology providers except where otherwise specified.
3. Basis of Use of the Web Site The User agrees to the following:-
a. that it understands, acknowledges and accepts the exclusion of liability and disclaimer provisions contained hereafter;
b. that subject to Clause 3(f) it will only view the Information for its own private purpose and it will not publish, reproduce, store or retransmit any of the Information contained in the Web Site at any time;
c. that it shall not use the Information or the Disclosed information for any unlawful purpose or in any unlawful manner or for any purpose or in any manner not unauthorised by this Agreement;
d. that it shall not use or interfere with the Web site, the Information or the Disclosed Information other than in accordance with this Agreement and without limitation in such a way so that all or part of the Web Site, the Information or the Disclosed Information is or could be interrupted, reproduced, stored, retransmitted, published, damaged, rendered less efficient, corrupted or in any way impaired;
e. that it shall not use the Web Site, the Information or the Disclosed Information in any manner which may constitute an infringement of any third party rights (including but not limited to rights of copyright, trademark or confidentiality);
f. that it shall not use the Web Site to retransmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of (the web site operator);
g. that it shall not run any tools on the Web Site that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, educational or any other use (please also refer to Clauses 3b to 3f);
h. that in the event that it has any right, claim or action against any other User or third party arising out of the use of the Web Site, it shall pursue such right, claim or action independently of and without recourse to (the web site operator);
i. that all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Web Site shall remain vested in (the web site operator) at all times;
j. that it acknowledges that (the web site operator) has no obligation to provide the Web Site or any Information or to ensure that the User is able to use, provide and/or access the Information, the Disclosed Information and the Web Site;
k. that it will indemnify and keep indemnified (the web site operator) against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information, the Disclosed Information, the Web Site or breach of the User’s obligations under his agreement;.
l. that any creative suggestions, ideas, notes, drawings, concepts or other information contained in any Disclosed Information shall be deemed, and shall remain, the property of (the web site operator) and (the web site operator) shall be free to use any such creative suggestions, ideas, notes, drawings, concepts or other information for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products;
m. that it will not post information to any Web Site Bulletin Boards, Forums or Chat Rooms which is unlawful, threatening, harassing, abusive, defamatory or obscene, or any content the publication of which violates the rights of any third party. (The web site operator) and those acting on behalf of (the web site operator) have the right to remove and/or ban users that are seen to contravene this disclaimer.
4. Exclusion of Liability/Disclaimer
4.1 (The web site operator) provides the Web Site and the Information on an “as is” basis and makes no warranty or representation whatsoever about the availability, completeness, accuracy, satisfactory quality, and/or fitness of the same for a particular purpose. The probity of any advertisers and the veracity of any advertisements have not been checked by (the web site operator) and any information submitted or any reliance placed on the same is entirely at the risk of the User;
4.3 (The web site operator) excludes all liability (to the extent permitted by law) in respect of; a. any advertisements or other web sites which can be accessed via the Web Site; b. any information provided by third parties which can be accessed via the Web Site or which are contained in the information and the Disclosed Information; c. any damage to the User, the User’s computer hardware, software or other material or equipment resulting from the user accessing or using the Web Site, the Information or the Disclosed Information;
4.4 Except where notified in specific terms and conditions applicable to any children’s sections of websites, (The web site operator) exercises no monitoring nor editorial control over any Web Site Bulletin Boards, Forums or Chat Rooms and accepts no responsibility for any views expressed or any other statement made or action taken in connection with such online elements of the Web Site. Notwithstanding the foregoing, (the web site operator) reserves the right to remove or edit any message or material for whatever reason.
4.5 Whilst (the web site operator) uses all reasonable endeavours to exclude viruses from the Web Site it cannot ensure such exclusion and it accepts no liability for viruses and the User is therefore recommended to take all appropriate preventative measures and ensure all appropriate safeguards are in place before downloading information from the Web Site. Similarly, the User undertakes to take all appropriate protective measures and to ensure all appropriate safeguards are employed to prevent the introduction of viruses by the User to the Web site.
No personal customer information is re-transmitted in anyway or sold to third parties.
6. Amendments to Terms and Conditions
(The web site operator) reserves the right to vary these Terms and Conditions from time to time. The User’s continued use or access of the Web Site after such variation shall be deemed to confirm the User’s acceptance of any such variation. It is the User’s responsibility to check these Terms and Conditions regularly to determine whether any such variation has been made. If the User does not wish to be bound by any varied Terms and Conditions it should cease using and accessing the web site immediately.
If any provision of this Agreement shall be prohibited by or adjudged by a Court to be unlawful, void or unenforceable such provision shall to the extent required be severed from this Agreement and rendered unenforceable as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect the validity or enforcement of this Agreement.
8. No Waiver
No failure or delay on the part of any of the parties to this Agreement relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any preceding or succeeding breach by the other party to this Agreement.
9. Entire Agreement
This Agreement comprises the full and complete understanding between the parties and supersedes all prior arrangements and undertakings whether written or oral appertaining to the subject matter of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of Scotland the courts of which shall have non-exclusive jurisdiction.