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Terms and Conditions



1 Interpretation
In these conditions the following words have the following meanings:

'Acceptance of Order' means an e-mail sent by Birmingham Royal Ballet to your e-mail address as notified to Birmingham Royal Ballet, accepting your offer to buy Products from Birmingham Royal Ballet.
'Birmingham Royal Ballet'means Birmingham Royal Ballet (a company limited by guarantee in England with number 3320538 whose registered office is at Thorp Street, Birmingham B5 4AU).
'Confirmation of Order' means an e-mail sent by Birmingham Royal Ballet to your e-mail address as notified to Birmingham Royal Ballet, confirming receipt of the details of your order for Products.
'Contract' means any contract between Birmingham Royal Ballet and you for the sale and purchase of the Products, incorporating these Conditions.
'Delivery Address' means the address notified to Birmingham Royal Ballet for delivery of the Products in the shopping section of Birmingham Royal Balletís website.
'Products' means any products agreed in a Contract to be supplied to you by Birmingham Royal Ballet.
'Site' means Birmingham Royal Balletís website www.brb.org.uk.
'Working Day' means all days other than Saturdays, Sundays and English public holidays.
'you' means the person(s), firm or company who orders Products from Birmingham Royal Ballet.

2 Statutory Rights
These conditions do not affect your statutory rights.

3 Copy of the Contract
You can print out these terms and conditions to keep for reference by clicking on the print icon on your website browser.

4 Application of Terms
4.1 Each order for Products by you from Birmingham Royal Ballet is an offer by you to purchase Products subject to these conditions.
4.2 Your order is not binding on Birmingham Royal Ballet until Birmingham Royal Ballet accepts your order by sending an Acceptance of Order to you by e-mail or (if earlier) delivers your order to you.
4.3 You are responsible for ensuring that the terms of your order are complete and accurate.

5 Description
The description of the Products shall be as set out on Birmingham Royal Balletís website. Where any Products are unavailable Birmingham Royal Ballet reserves the right to supply substitute products of an equivalent quality and price to those displayed on Birmingham Royal Balletís website.

6 Delivery
6.1 Birmingham Royal Ballet shall deliver the Products to the Delivery Address by first-class Royal Mail delivery or Parcel Force (depending upon the size and weight of the Products ordered) for deliveries within the UK and the method notified to you by Birmingham Royal Ballet for deliveries outside the UK.
6.2 The Products will be dispatched to you by Birmingham Royal Ballet within 30 days of its sending you an Acceptance of Order.
6.3 If Birmingham Royal Ballet are unable to dispatch your order within the time period referred to in Clause 6.2 above you may contact us and cancel the order. In that case Birmingham Royal Ballet will refund any money paid by you for the Products.
6.4 Birmingham Royal Ballet will not be liable for any loss, costs, damages, charges or expenses caused by any delay in the delivery of the Products.
6.5 If Products are lost before delivery Birmingham Royal Balletís liability shall be limited to replacing the Products within a reasonable time or issuing a refund. You must however notify Birmingham Royal Ballet if Products you have ordered have not been received within 30 days of your receipt of the Acceptance of Order.

7 Right to Return the Products
7.1 You may cancel the entire Contract for any reason within seven days after you or the person to whom you have requested that the Products be sent receives the Products. In these circumstances you can obtain a refund from Birmingham Royal Ballet equal to the amount of the price payable under the Contract (together with any VAT thereon).
7.2 You may cancel the whole but not part of a Contract. You may not cancel a Contract in respect of the supply of compact discs or digital video discs where you have unsealed the packaging to such Products. We do not expect you to wear any jewellery Products in respect of which you cancel a Contract. In all cases where you cancel a Contract while they are in your possession we expect you to take reasonable care of the Products and not to use the Products.
7.3 If you exercise the right to cancel the Contract set out in Clause 7.1
7.3.1 you are entitled to a refund from Birmingham Royal Ballet of all amounts that you have paid under the Contract (togetherwith any VAT thereon) within 30 days of the receipt by Birmingham Royal Ballet of the notice of cancellation.
7.3.2 you must return the Products to Birmingham Royal Ballet at the address notified to you in the Confirmation of Order by the method by which it was delivered to you within three days of giving notice of cancellation to Birmingham Royal Ballet. You are required to take reasonable care to ensure that the parcel containing the Products is received by Birmingham Royal Ballet with their contents in a good condition. You must pay the cost of returning the Products to Birmingham Royal Ballet.
7.4 In the unlikely event that in error we send you products other than the Products we will replace them with the Products which we will dispatch to you within seven working days of receipt from you of notification of our error. You must return the products sent to you in error to us by first-class post. We will refund the cost of such postage to you.

8 Risk
Risk of damage to or loss of the Products shall pass to you at the time of delivery to the person to whom you requested that the Products be delivered or, if such person wrongfully fails to take delivery of the Products, when Birmingham Royal Ballet attempted to deliver the Products.

9 Price
9.1 The price for the Products shall be the price set out on the Site at the time when you place your order. You are also required to pay the delivery charge set out on the 'General Information for Shopping Pages' section of the Site in addition to the price for the Products. If the Products are to be delivered to an address outside the United Kingdom you are also required to pay a delivery charge of an amount agreed between you and Birmingham Royal Ballet and set out in the Confirmation of Order together with any customs duties or other local sales taxes which are payable as a consequence of you importing the Products into the country of delivery.
9.2 If due to an error the price shown on the Site is wrong, we will inform you of the correct current price and give you the opportunity to cancel your order prior to delivery of the Products.
9.3 All prices are inclusive of value added tax (if any).

10 Payment
10.1 Payment of the price for the Products is due with your order and Birmingham Royal Ballet shall not be obliged to deliver any Products until the full price has been paid. Where payment is made by cheque, payment shall be deemed to be made when Birmingham Royal Ballet receives cleared funds for the payment.
10.2 Birmingham Royal Ballet will also accept payment of the price for the Products ordered online through the Website by credit or debit card provided this is a Visa, Mastercard, Maestro or Delta card. Birmingham Royal Ballet does not accept payment by other types of credit or debit card. All payments by credit or debit card are subject to our carrying out validation checks and conditional upon authorisation by the card issuer.

11 Quality
11.1 Birmingham Royal Ballet warrants that upon delivery the Products will materially conform to the description on the Site.
11.2 If any of the Products do not conform with the warranty in Clause 11.1 (Non Conforming Products) then if you return the Non Conforming Products Birmingham Royal Ballet will replace the Non Conforming Products or refund the price excluding any amount charged for delivery that you have paid for them.
11.3 Nothing in this Clause 11 shall affect your statutory rights.

12 Data Protection
Birmingham Royal Ballet will process all personal data that it collects about you in accordance with the provisions of its Privacy Policy in force from time to time.

13 Third Party Rights
A person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties Act) 1999 to enforce any term of the Contract but this does not effect any right or remedy of a third party which exists or is available apart from that Act.

14 Law
The Contract between you and Birmingham Royal Ballet shall be governed by English law and you submit to the non-exclusive jurisdiction of the English courts.

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