What this website does
This website allows us to
-
take credit and debit card donations to support our work.
-
sell tickets to the events we organise.
-
allow our members to pay membership fees.
-
sell publications and merchandise.
Our Business Trading Name
Our Business Trading Name is:
National Youth Choir of Scotland
Our Contact Details
Postal Address:
NYCoS
The Mitchell
North Street
Glasgow
G3 7DN
United Kingdom
Email Address:
admin@nycos.co.uk
Contact Telephone:
0141 287 2856
Delivery Policy (Tickets)
Tickets purchased on this will be available for collection at the event approximatly 1 hour before the start time. Please see the Delivery Policy for items purchased through the shop.
Currency
We only accept Great British Pound Sterling.
Shop Terms and Conditions of Sale
Refund Policy in Plain English
When you purchase goods on this website you can cancel your order any time between the moment you place your order and 14 days from the day you receive your goods.
If your order is delivered on different days, the 14 day period runs from when you get the last delivery.
You then have a further 14 days to actually send the goods back.
You are responsible for the cost of sending the goods back and ensuring they arrive in a resellable condition.
We will refund you for the goods no later than 14 days after having recieved the returned goods or you providing evidence of having returned the goods.
We will also refund you for the basic cost of delivering the goods to you.
This policy is a summary of your rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and only applies if you are contracting as a consumer as defined by the Regulations.
Contract
FORMAT OF THE CONTRACT
These terms and conditions shall apply to all contracts for goods sold ("Goods") by The National Youth Choir of Scotland, registered
in Scotland under company number SC165149 and having its registered office at the Mitchell Library, North Street, Glasgow, United Kingdom, G3 7DN and being a charity registered in Scotland under the number
SC024899 ("NYCoS", "we", "us") and purchased by any customer (the "Customer", "you", "your") from
our website ("our Site").
Please read these terms and conditions carefully before ordering any Goods from our Site. You should understand that by ordering any of our Goods, you agree to be bound by these
terms and conditions.
You should print a copy of these terms and conditions for future reference.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order via our Site, you will receive an e-mail from us acknowledging that we have received your order. Please note that
this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods. All orders are subject to acceptance by us, and we
will confirm such acceptance to you by sending you an e-mail that confirms that the Goods have been dispatched (the "Dispatch Confirmation"). The
contract between us which shall incorporate these terms and conditions ("Contract") will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply
any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
NYCoS reserves the right to refuse to accept any order that is deemed to be contrary to NYCoS's policies in force at the time.
NYCoS reserves the right (without prejudice to any other remedy) to cancel any incompleted order or to suspend delivery in the event of any of the Customer's
commitments to NYCoS not being met.
DESCRIPTION OF THE GOODS
The description and price of the Goods you order will be as shown on our
Site at the time you place your order.
Every effort is made to ensure that prices shown on our Site are
accurate at the time you place your order. If an error is found, NYCoS will
inform you as soon as possible and offer you the option of reconfirming your
order at the correct price, or cancelling your order. If NYCoS does not receive
an order confirmation within 14 days of informing you of the error, the order
will be cancelled automatically. If you cancel the order, or if the order is
cancelled automatically due to the expiry of the 14 day period, NYCoS will
refund or re-credit you any sum that has been paid by you or debited from your
credit or debit card for the Goods.
PAYMENT
All prices shown on our Site, or on quotations offered by us,
are based upon the acceptance of these terms and conditions.
All prices are in pounds sterling and are inclusive of Value
Added Tax (VAT), exclusive of delivery costs and exclusive of import duty
unless otherwise agreed in writing with NYCoS. VAT will be
charged at the rate applying at the time of delivery.
Payment for all Goods must be by credit or debit card or,
subject to clause 4.4, by personal cheque drawn from a UK bank. We accept
payment with Maestro, Visa, Visa Electron, Mastercard and Solo. Your credit or
debit card will be charged at the point of order.
Customers may make payment by cheque, subject to the
following:
all personal cheques should be made payable to "The
National Youth Choir of Scotland" and sent to us at the above address as
soon as possible following submission of the order;
payments shall only be deemed to have been made when payment
is received by us in cleared funds; and
the Goods shall not be dispatched until payment has been made
in cleared funds.
Payments shall be made without any deduction whatsoever.
DELIVERY
All delivery times offered by us are to be treated as
estimates only and we accept no liability for non-compliance with the estimated
delivery times.
In addition to the price, you may be required to pay a delivery charge
for the Goods.
If multiple shipments are requested by you, multiple delivery
charges will be made. In the case
of multiple deliveries separate invoices will be raised.
The Goods are subject to availability. If on receipt of your order the Goods
you have ordered are not available in stock, NYCoS will backorder these Goods
and dispatch them as soon as they are available.
You accept that any scheduled orders not
completed within twelve months from the date of acceptance of the original
order, or orders held up by your lack of action regarding delivery, can be
shipped and are to be paid in full by you, immediately after completion of that
twelve month period.
If the
Customer believes NYCoS has delivered Goods that are defective in materials or
workmanship, the Customer must:
inform NYCoS in writing, with full
details of the fault, as soon as possible; and
allow NYCoS
to investigate the fault.
Without prejudice to the rights of the Customer under clause
8, NYCoS' maximum liability shall not exceed the following and the Customer's
remedy is limited to (at NYCoS's option), either:
repair or replacement of the defective Goods or part of them;
and
return of the Goods and refund of the purchase price,
and any such remedy shall
be the Customer's entire and exclusive remedy.
If NYCoS elects to repair or replace the Goods, the Goods
which require to be repaired or replaced shall be returned to NYCoS by the
Customer and after repair or replacement, the Goods will be returned to the
Customer with carriage paid by NYCoS using their preferred method.
IMPORT DUTY
If you order Goods from our Site for delivery outside the UK,
they may be subject to import duties and taxes which are levied when the
delivery reaches the specified destination. You will be responsible for payment
of any such import duties and taxes. Please note that we have no control over
these charges and cannot predict their amount. Please contact your local
customs office for further information before placing your order.
Please also note that you must comply with all applicable laws
and regulations of the country for which the products are destined. We will not
be liable for any breach by you of any such laws.
PASSING OF RISK AND TITLE
The passing of risk to the Customer for any Goods shall occur
at the time of delivery.
Ownership of the Goods shall not pass to the Customer until
payment for the Goods (including delivery charges) has been received in full by
NYCoS.
If the Customer (who shall in such case act on his own account
and not as agent for NYCoS) shall sell the Goods prior to making payment in
full for them, the beneficial entitlement of NYCoS in the Goods shall attach to
the proceeds of such sale or to the claim for such proceeds. Prior to ownership
transferring to the Customer, the Customer shall:
hold all such proceeds of sale in trust for NYCoS and hold
such proceeds of sale in a separate account to the order of NYCoS;
store any Goods owned by NYCoS in such a way that they are
clearly identifiable as NYCoS's property and shall maintain records of them
identifying them as NYCoS's property;
not destroy, deface or obscure any identifying mark or packaging on or
relating to the Goods;
maintain the Goods in satisfactory condition and keep them insured on NYCoS's
behalf for their full price against all risks to the reasonable satisfaction of
NYCOS; and
allow NYCoS to inspect these records and the Goods themselves
upon request.
In the event of failure by the Customer to pay any part of the
price of the Goods, in addition to any other remedies available to NYCoS under
a Contract or otherwise, NYCoS shall be entitled to repossess the Goods. The
Customer will assist and allow NYCoS to repossess the Goods in such
circumstances and for this purpose admit or procure the admission of NYCoS or
its employees and agents to the premises in which the Goods are situated.
CONSUMER RIGHTS
If you are contracting as a consumer (as such expression is
defined in the Consumer Contracts Regulations 2013), you
may cancel a Contract at any time within 14 working days, beginning on the day
after you received the Goods. In this case, you will receive a full refund of
the price paid for the Goods in accordance with our refunds policy (set out in
clause 10 below).
To cancel a Contract in accordance with clause 8.1, you must
inform us in writing. You must also return the Goods to NYCoS immediately, in
the same condition in which you received them, and at your own cost and risk.
You have a legal obligation to take reasonable care of the Goods while they are
in your possession. If you fail to comply with this obligation, we may have a
right of action against you for compensation.
CANCELLATION
Subject to clause 8.1, the Customer may not cancel the
order unless a request for cancellation is made by the Customer in writing to
NYCoS and NYCoS agrees to the cancellation in writing.
If NYCoS
agrees to cancellation of the order in accordance with clause 9.1, the Customer
will pay NYCoS for all Goods to which NYCoS has committed to fulfil the
original order.
Without
prejudice to any other rights and remedies under the Contract, NYCoS may
suspend or cancel the order by written notice to the Customer if the Customer
fails to pay NYCoS any money when due under any circumstances or the Customer
becomes insolvent, or the Customer fails to honour their obligations under the
Contract.
NYCoS
may treat the Customer as insolvent if the Customer is unable to pay their debts
as they fall due, or the Customer or any item of the Customer's property become
the subject of any formal insolvency procedure (examples of which include
receivership, liquidation, administration, voluntary arrangements (including
moratorium) and bankruptcy, or any application or proposal for any formal
insolvency procedure, or any application, procedure or proposal overseas
with similar effect or purpose.
OUR REFUNDS POLICY
When you return Goods to us:
because
you have cancelled the Contract between us within the 14 working days
cooling-off period (see clause 8.1 above), we will process the refund due to
you as soon as possible and, in any case, within 14 days of either us receiving the retuned Goods, or you providing evidence of having returned the Goods, whichever is the sooner. In this case, we will refund the price of
the Goods in full, including the cost of sending the item to you. However, you
will be responsible for the cost of returning the item to us;
for any other reason (including following cancellation
of the Contract in accordance with clause 9 or because you claim that the Goods
are defective), we will examine the returned Goods and will notify you of your
refund via e-mail within a reasonable period of time. We will usually process
any refund due to you as soon as possible and, in the case of defective Goods case,
within 30days of the day we confirmed to you via e-mail that you were
entitled to a refund for the defective Goods. The price paid for any Goods
properly returned by you because of a defect will be refunded in full,
including a refund of the delivery charges for sending the item to you and the
cost incurred by you in returning the item to us; and
if a refund is due to you, we will usually refund any money received from you
using the same method originally used by you to pay for the Goods.
Any returns made to NYCoS for any reason, shall
be packaged in the original packaging or its direct equivalent and must be
adequately insured by the Customer.
RECEIPT OF GOODS
If any Goods received by the Customer are in an unsatisfactory
condition (on a reasonable assessment by the Customer), the following courses
of action shall be taken:
if the outer packaging is visibly damaged, then the Goods should not be accepted
from the courier, or they should be accepted only after advising the courier
that the packaging has sustained damage;
if the Goods are found to be damaged after unpacking, NYCoS must be informed
immediately;
under no circumstances should the damaged Goods be returned, unless expressly
authorised by NYCoS;
without prejudice to the rights of the customer under clause 5.6 to clause 5.8 if the
damage is not reported within 48 hours of receipt, NYCoS shall bear no liability.
WARRANTIES
By placing an order through our Site, you warrant that:
you are legally capable of entering into binding contracts;
in the case of a natural person, you are at least 18 years old;
To the extent permitted by law and without prejudice to your rights under the
Contract, NYCoS gives no warranty (and excludes any warranty, term or condition
that would otherwise be implied) as to the quality of the Goods or their
fitness for any purpose.
DATA PROTECTION
NYCoS will take all reasonable precautions to
keep the details of your order and payment secure but unless NYCoS is
negligent, NYCoS will not be liable for unauthorised access to information
supplied by you.
NYCoS takes the protection of your personal
data seriously and the use of our Site is subject to our Privacy Policy.
We will use your personal data for the purposes of processing your order in
accordance with that privacy policy.
OUR LIABILITY
Subject to clause 14.2, our liability for losses you suffer as
a result of us breaching the terms and conditions of the Contract is strictly
limited to the purchase price of the Goods you purchased.
Nothing in these terms and conditions limits in any way our
liability:
for death or personal injury caused by our negligence or breach of duty;
under section2(3) of the Consumer Protection Act 1987;
for fraud or fraudulent misrepresentation; or
for any matter for which it would be illegal for us to exclude or limit, or attempt
to exclude or limit, our liability.
Notwithstanding any other provision of the Contract but subject
to clause 14.2, neither you or we will be liable to the other for:
any loss (whether direct or indirect) of profits, revenue, business, goodwill or
business opportunity; or
any loss (whether direct or indirect) of data (other than loss of photos); or
any indirect, special or consequential loss or damage,
in each case arising out
of or in connection with the Contract (whether the claim is brought for breach
of contract, in negligence or any other tort, under statute or otherwise).
OUR RIGHT TO VARY THESE TERMS
AND CONDITIONS
We have the right to revise and amend these terms and
conditions from time to time.
You will be subject to the policies and terms and conditions
in force at the time that you order Goods from us, unless any change to those
policies or these terms and conditions is required to be made by law or
governmental authority (in which case it will apply to orders previously placed
by you), or if we notify you of the change to those policies or these terms and
conditions before we send you the Dispatch Confirmation (in which case we have
the right to assume that you have accepted the change to the terms and
conditions, unless you notify us to the contrary within 7 working days of
receipt by you of the Goods).
No addition to or variation of these terms and conditions will bind NYCoS, unless it is
specifically agreed in writing and signed by a director or secretary of NYCoS.
No agent or person employed by or under contract with NYCoS has the authority
to alter or vary these terms and conditions in any way.
FORCE MAJEURE
If performance of the contract by NYCoS shall be delayed by
any circumstances or conditions beyond the control of NYCoS including (but
without prejudice to the generality of the foregoing) any war, strike, lockout,
riot, malicious damage, fire, storm, flood, accident, failure of production
equipment, any statute, rule, byelaw, order, regulation or requisition made or
issued by any government department, local or other duly constituted authority,
then NYCoS shall have the right to suspend further performance of the Contract
until such time as the cause of delay shall no longer be present.
If performance of the Contract by NYCoS shall be delayed by
any such circumstances or conditions beyond the control of NYCoS for a period
of three months, then NYCoS shall have the right to be discharged from further
performance of and liability under the Contract.
SEVERABILITY
If any part of these terms and conditions is found to be illegal, void or unenforceable for any reason, then such part
shall be severable from the remaining clauses and sections of these terms and
conditions which shall remain in force.
Each order received by NYCoS will be deemed to form a separate
Contract to which these terms and conditions apply and any waiver or any act of
non-enforcement or variation of these terms and conditions or part of them
shall not bind or prejudice NYCoS in relation to any other contract.
NOTICES
Any notice to be given
under a Contract shall be in writing and shall be deemed to have been duly
given if sent or delivered to the party concerned at its address specified on
the invoice or such other addresses as that party may from time to time notify
in writing and shall be deemed to have been served, if sent by post, 48 hours
after posting.
ENTIRE AGREEMENT
These terms and
conditions together with the relevant order form and the documents referred to
in these terms and conditions constitute the entire agreement in respect of
their subject matter.
JURISDICTION AND APPLICABLE LAW
These terms and
conditions and performance of both parties shall be governed by Scots law and
any disputes under the Contract shall be subject to the exclusive jurisdiction
of the Scottish courts.
Use your browser's back button, or
click here to go back to the previous page.