Terms and Conditions (Consumer)
As well as reading the following Terms & Conditions to which you have agreed by using this site, you should also refer to the terms and conditions of each individual Member Partner (our suppliers) on their CaravanOwnersClub.co.uk store or product pages before making any order.
TERMS OF WEBSITE USE AND CONDITIONS FOR CUSTOMERS
INFORMATION ABOUT US
This website www.caravanownersclub.co.uk is owned and operated by Towergate Underwriting Group Ltd, a company registered in England, registration number 04043759. Towergate Underwriting Group Ltd is authorised and regulated by the Financial Services Authority (FSA), our FSA registration number is 313250.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
When using our site, you must comply with the provisions of our acceptable use policy.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors including our Suppliers) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the supply of goods or services formed through our site or as a result of visits made by you are governed by the terms and conditions of supply of the Supplier from whom you purchase the goods or services. The goods or services that appear on our site are provided by Suppliers and NOT us and the legal contract is between you and that Supplier. We accept orders for goods and services as agents on behalf of any Supplier and as such no contracts are formed between you and us and we cannot accept liability for any goods or services purchased from the Site.
Before purchasing any goods or services you must satisfy yourself that you agree to the standard terms and conditions of that Supplier before you contract with them. You must ensure you are aware of their standard terms and conditions prior to making an offer for any goods.
We cannot give any undertaking, that products you purchase from our Suppliers will be of satisfactory quality and any such warranties are disclaimed by us absolutely. This DISCLAIMER does not affect your statutory rights against the Supplier. We may disclose your customer information related to that transaction to the Supplier.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND A SUPPLIER
Please note that in all cases, our site accepts orders on behalf of third party sellers (Suppliers). Payments for products you purchase from our Suppliers is paid directly to the Suppliers. The resulting legal contract is between you and the Supplier, and is subject to the terms and conditions of the Supplier, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
After placing an order, you will receive an email from our site 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 that Supplier to buy goods. All orders are subject to acceptance by the Supplier and they will confirm such acceptance to you by sending you an email that confirms that the goods are in stock and the estimated date of dispatch (Order Confirmation). The contract between the Supplier will only be formed when that Supplier sends you the Order Confirmation (Contract).
The Contract will relate only to those goods whose dispatch the Supplier has confirmed in the Order Confirmation. The Supplier will not be obliged to supply any other goods which may have been part of your order until such goods have been confirmed in a separate Order Confirmation.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
UPLOADING MATERIAL TO OUR SITE
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com.
LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Some of the links to our site may be affiliated links. An affiliate is a third party with an indirect or direct link to their website from our site that may result in us receiving a commission or fee in return for directing your custom towards their site.
If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you receive the goods. In this case, you will receive a full refund of the price paid for the goods in accordance with the Refunds Policy.
To cancel a Contract, you must inform that Supplier from whom you receive the goods in writing. You must also return the goods to the Supplier 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, the Supplier may have a right of action against you for compensation.
You will not have any right to cancel a Contract for the supply of any of the following purchases
- Personalised Items
- Specially Commissioned Pieces
- Perishable Products
Details of this statutory right, and an explanation of how to exercise it, will be provided in the Order Confirmation. This provision does not affect your statutory rights.
AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances.
PRICE AND PAYMENT
The price of any goods will be as quoted on our site from time to time, except in cases of obvious error.
These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Service Standard.
Prices are liable to change at any time but changes will not affect orders in respect of which our Supplier has already sent you a Order Confirmation.
Our site contains a large number of goods and it is always possible that, despite our Supplier's best efforts, some of the goods listed on the site may be incorrectly priced. Our Supplier will normally verify prices as part of their dispatch procedures so that, where the good's correct price is less than the stated price, they will charge the lower amount when dispatching the goods to you. If a good's correct price is higher than the price stated on the site, the Supplier will normally, at their discretion, either contact you for instructions before dispatching the goods, or reject your order and notify you of such rejection.
They are under no obligation to provide the goods to you at the incorrect (lower) price, even after they have sent you a Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payments for all goods must be by credit or debit card through PayPal.
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.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such terms, conditions or provisions will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
LAW AND JURISDICTION
Contracts for the purchase of goods through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org.
Thank you for visiting our site.
PRIVILEGED MEMBERSHIP (applicable if user is signing up to become a Privileged Member)
This sections refer to the participation in Privileged Membership Scheme.
The Caravan Owners Club (The Provider) Privileged Key Fob ("Scheme", “Membership”) is a loyalty program brought to you by Caravan Owners Club. ("we," "us," "our," "ours"). Use of the scheme at any time subjects the purchaser or user (“user”, “users”, "you," "your," "yours”, “Members”, “Card Holders”) to the terms and conditions below. Any business/service (“Businesses”) participating in the “Scheme” entitles users to the benefits mentioned below.
By using the Privileged Key Fob, you will be deemed to have accepted the current Terms & Conditions which will be available to view on the Caravan Owners Club website www.caravanownersclub.co.uk or viewable preceding this document.
The Privileged Key Fob is not transferable to any other party. All discounts or special offers provided by participating businesses are stated within the Caravan Owners Club “Privileged Deals” section of the Caravan Owners Club website: www.caravanownersclub.co.uk.
Caravan Owners Club has taken great care to ensure the accuracy of the special offers and discounts. However, it is the responsibility of the key fob holder to verify all information prior to patronising the establishment or making a purchase. Caravan Owners Club shall not be liable for any loss, damage, expense or inconvenience suffered due to the use of the Privileged Key Fob.
To obtain the available special offer or discount, the user must log in to the Caravan Owners Club website: www.caravanownersclub.co.uk indicating that they are a Privileged Member as directed at member sign up or member login. Alternatively membership can be purchased on the website following the online instructions provided.
Businesses and organisations reserve the right to cancel offers at any time without notification.
All special offers and discounts are subject to availability.
Discounts may not be combined with other offers or discounts that are being provided by participating businesses and organisations outside of the Caravan Owners Club.
Lost or stolen cards can be replaced by emailing: email@example.com. A fee (£5) will be charged upon the discretion of Caravan Owners Club. The Caravan Owners Club cannot assume any liability for correspondence, mail or e-mail that is lost, delayed, or misdirected either to us or to businesses or organisations.
There is an annual membership fee for the Privileged Key Fob which is currently £9.99. This fee is charged solely upon the discretion of Caravan Owners Club. If no fee has been paid then membership cannot be cancelled and will be automatically cancelled when the card expires. Any fee may be changed at any time upon the discretion of Caravan Owners Club. Any changes will only apply to new or renewed membership if a fee has been charged. Any fee charged upon the discretion of Caravan Owners Club is not refundable unless the membership is cancelled during the first thirty (30) days of the membership term (including any renewal term).
Membership can only be purchased directly from www.caravanownersclub.co.uk and no other outlets are available or have permission to sell membership.
The initial term of membership shall commence on the date the Privileged Key Fob is activated through the website’s Privileged Membership card activation system. The initial term will be for a period of twelve months unless otherwise stated.
You have the right to cancel a paid membership at any time. If you cancel your paid membership, you will only be entitled to a refund of your membership fee if you cancel during the first thirty (30) days of your initial or renewal membership term. No refunds will be available after the thirty (30) day period.
We may terminate your membership, including any associated accounts, without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such membership would violate any provisions of this document, applicable law, or otherwise be harmful to our interests. In the event of any such termination, you will be entitled to a pro-rata refund of your membership fee if any was paid.
We may terminate any or all of the benefits available under the “Scheme” at any time with or without notice. In the event of our termination of this “Scheme”, at our discretion we will either maintain any membership benefits until expiration of the current membership term or refund each paid member a pro-rata portion of any paid membership fee for the remaining portion of their current membership term.
Any and all data collation will be under the guidance of the Data Protection Act 2004.
Use of the Privileged key fob is at your sole risk. The member benefits are provided on an “as is” and “as available” basis. Caravan Owners Club, and all its respective affiliates, Directors, officers and Agents (collectively “Suppliers”) expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The provider makes no warranty that (i) the Privilege Key Fob “Scheme” will meet your requirements, (ii) Privilege Key Fob Membership will be uninterrupted, timely, secure, or error free, or (iii) the quality of any products, services, information, or other material purchased or obtained by you from your use of the Privileged Key Fob will meet your expectations. The provider shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the provider has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Privilege Key Fob or any benefits thereof; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered via the use of the Privileged key Fob; (iii) unauthorised access to or alteration of your Privileged Key Fob data; (iv) any other matter relating to Privileged Key Fob Membership.
This document, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of England. Any controversy or claim arising out of or relating to this Agreement (including any breach thereof) of the Privileged Key Fob “Scheme” shall be settled by arbitration administered by the English Courts of Law. Any controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Caravan Owners Club from seeking any injunctive relief in English courts for protection of their respective intellectual property rights (including such rights of their respective licensors).
We may change the terms of this document at any time by posting a revised document on the Caravan Owners Club website: www.caravanownersclub.co.uk. We may also notify “Privileged Members” of such change in writing by e-mail if the user email address is available. Any change shall take effect immediately.