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ONLINE SHOP TERMS AND CONDITIONS

1. THESE TERMS

1.1 WHAT THESE TERMS COVER

These terms and conditions apply when we supply products to you, whether these are physical goods or digital content and other materials ordered through the site and donations added to any order. Please note that there are specific terms relating to the Red Noses (see bottom of this website).

1.2 WHY YOU SHOULD READ THESE TERMS

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and give you other important information. If you have any concerns about these terms, please contact us to discuss.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 WHO WE ARE

We are Comic Relief Limited, a company registered in England and Wales. Our company registration number is 01967154 and our registered office is at 6th Floor, The White Chapel Building, 10 Whitechapel High Street, London, E1 8QS. Our registered VAT number is 773865187. We are wholly owned by Charity Projects, also known as Comic Relief, a charity registered in England & Wales with charity number 326568 and in Scotland with charity number SC039730 and a company limited by guarantee registered in England & Wales with number 1806414.

2.2 HOW TO CONTACT US

You can contact us by telephoning our supporter service team by emailing us at shop@comicrelief.com

2.3 HOW WE MAY CONTACT You

If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "WRITING" INCLUDES EMAILS

When we use the words "writing" or "written" in these terms, this includes by email.

3. OUR CONTRACT WITH YOU

3.1 HOW TO ORDER

To purchase products from us through the online shop, you need to complete the online ordering process. Your order is an offer to buy products on these terms.

3.2 HOW WE WILL ACCEPT YOUR ORDER

Our acceptance of your order will take place when we send you a confirmation email, at which point a contract will come into existence between you and us.

3.3 IF WE CANNOT ACCEPT YOUR ORDER

If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because: the product is out of stock; unexpected limits on our resources; a credit reference we have obtained for you does not meet our minimum requirements; we have identified an error in the price or description of the product; or we are unable to meet a delivery deadline you have specified.

3.4 YOUR ORDER NUMBER

If your order is accepted, we will assign an order number to your order in the confirmation email. It will help us if you can tell us the order number whenever you contact us about your order.

3.5 WE ONLY SELL TO THE UK

Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from, or deliver to addresses, outside the UK. Please note that we cannot deliver to PO Boxes and BFPO orders will be sent to the BFPO Head Office in the UK.

4. OUR PRODUCTS

4.1 PRODUCTS MAY VARY SLIGHTLY FROM THEIR PICTURES

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2 PRODUCT PACKAGING MAY VARY

The packaging of the product may vary from that shown in images on our website.

4.3 NO RE-SALES

You are not permitted to sell on any products from our website in any way or to make a profit from the products in any way.

5. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the product you have ordered, please contact us as soon as possible by emailing shop@comicrelief.com and quoting your order number. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract).

6. OUR RIGHTS TO MAKE CHANGES

6.1 MINOR CHANGES TO THE PRODUCTS

We may change the product:

(a) to reflect changes in relevant laws and regulatory requirements; or

(b) to implement minor technical adjustments and improvements, for example to address a security threat.

These changes will not affect your use of the product.

7. PROVIDING THE PRODUCTS

7.1 DELIVERY COSTS

The costs of delivery (including VAT) will be calculated and displayed at the checkout stage of your order. Parcels will be dispatched through Royal Mail, Whistl or DPD, dependent on their weight and value.

7.2 WHEN WE WILL PROVIDE THE PRODUCTS

(a) If the products are goods (for example, t-shirts), we will deliver them to you as soon as reasonably possible and, in any event, within 30 days after the day on which we accept your order.

(b) If the product is digital content, we will make the digital content available for download by you as soon as we accept your order.

7.3 WE ARE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL

If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay, if possible. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4 IF YOU ARE NOT AT HOME WHEN THE PRODUCT IS DELIVERED

If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.5 IF YOU DO NOT RE-ARRANGE DELIVERY

If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract and clause 10.2 will apply.

7.6 YOUR LEGAL RIGHTS IF WE DELIVER GOODS LATE

You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods, then you may treat the contract as at an end straight away if any of the following apply:

(a) we have refused to deliver the goods;

(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

7.7 SETTING A NEW DEADLINE FOR DELIVERY

If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

7.8 ENDING THE CONTRACT FOR LATE DELIVERY

If you do choose to treat the contract as at an end for late delivery under clause 7.6 or clause 7.7, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods and not all of them (unless, in our reasonable opinion, splitting them up would significantly reduce their value). We will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must post them back to us. We will pay the costs of postage.

7.9 WHEN YOU BECOME RESPONSIBLE FOR THE GOODS

A product which is a good will be your responsibility from the time we deliver the product to the address you gave us.

7.10 WHEN YOU OWN GOODS

You own a product which is a good once we have received payment in full.

7.11 REASONS WE MAY SUSPEND THE SUPPLY OF PRODUCTS TO YOU

We may have to suspend the supply of a product to:

(a) deal with technical problems or make minor technical changes; or

(b) make changes to the product as requested by you or as required by us (see clause 6).

8. YOUR RIGHTS TO END THE CONTRACT

8.1 YOU CAN ALWAYS END YOUR CONTRACT WITH US

Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.

8.2 ENDING THE CONTRACT BECAUSE OF SOMETHING WE HAVE DONE OR ARE GOING TO DO

If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the product you do not agree to;

(b) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;

(d) you have a legal right to end the contract because of something we have done wrong, including because we have delivered late (see clause 7.8 – if this applies, we will refund you in full for the relevant products which have already been provided).

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013)

For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms, for a summary, see clause 11.2.

8.4 WHEN YOU DON'T HAVE THE RIGHT TO CHANGE YOUR MIND

You do not have a right to change your mind in respect of:

(a) goods you have used and which are, therefore, not in a saleable condition;

(b) digital products after you have started to download or stream them;

(d) sealed audio or sealed video recordings or sealed computer software, once they have been unsealed after you receive them; and

(e) any products which become mixed inseparably with other items after their delivery.

8.5 HOW LONG DO I HAVE TO CHANGE MY MIND?

You have 14 days after the day you (or someone you nominate) receive the goods to change your mind and return them for a refund. Where your goods are split into several deliveries over different days, for each product, you have 14 days after the day you (or someone you nominate) receive each delivery to change your mind and return them for a refund.

8.6 ENDING THE CONTRACT WHERE WE ARE NOT AT FAULT AND THERE IS NO RIGHT TO CHANGE YOUR MIND

Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. If you want to end a contract before it is completed where we are not at fault and you have changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

9.1 TELL US YOU WANT TO END THE CONTRACT

To end the contract with us, please let us know by emailing us at shop@comicrelief.com. Please provide your name, home address, details of the order (including the order number) and, where available, your email address.

9.2 RETURNING PRODUCTS AFTER ENDING THE CONTRACT

If you end the contract for any reason after products have been dispatched to you or you have received them, you must post them back to us at Comic Relief Merchandise Returns, PO Box 12635, Colchester, CO7 8LG, United Kingdom. Please use the return label included with the delivery note. If you are exercising your right to change your mind you must send the goods to us within 14 days of telling us that you wish to end the contract.

9.3 WHEN WE WILL PAY THE COSTS OF RETURN

We will pay the costs of return:

(a) if the products are faulty or misdescribed; or

(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

9.4 REPLACEMENT ORDERS

Dependent on time constraints and stock availability, we will endeavour to replace any returned item within 5 working days if requested. If stock is not available for the requested replacement, we will refund you instead.

9.5 HOW WE WILL REFUND YOU

We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below. We regret that any additional donations made through the ordering process are not refundable.

9.6 DEDUCTIONS FROM REFUNDS IF YOU ARE EXERCISING YOUR RIGHT TO CHANGE YOUR MIND

If you are exercising your right to change your mind:

(a) We may reject your refund of the price (excluding delivery costs) if a good is not returned in a saleable condition. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount as requested by us.

(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

9.7 WHEN YOUR REFUND WILL BE MADE

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind in accordance with clauses 8.3 to 8.6:

(a) if the product is a good, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us (for information about how to return a product to us, see clause 9.2); and

(b) in all other cases (e.g. for services or digital content), your refund will be made within 14 days of your telling us you have changed your mind.

10. OUR RIGHTS TO END THE CONTRACT

10.1 WE MAY END THE CONTRACT IF YOU BREAK IT

We may end the contract for a product at any time in writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due; or

(b) you do not, within a reasonable time, allow us to deliver the products to you.

10.2 YOU MUST COMPENSATE US IF YOU BREACH THE CONTRACT

If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaching the contract.

10.3 WE MAY WITHDRAW THE PRODUCT

We may write to you to let you know that we are going to stop providing the product. We will let you know as soon as possible in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

11. IF THERE IS A PROBLEM WITH THE PRODUCT

11.1 HOW TO TELL US ABOUT PROBLEMS

If you have any questions or complaints about the product, please contact us. You can send an email to shop@comicrelief.com.

11.2 SUMMARY OF YOUR LEGAL RIGHTS

We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to a product. Nothing in these terms will affect your legal rights..

SUMMARY OF YOUR KEY LEGAL RIGHTS

This is a summary of your key legal rights. These are subject to certain exceptions. See also clause 8.3 (Exercising your right to change your mind). For detailed information, please visit the Citizens Advice website www.adviceguide.org.uk or call 0800 144 8848. You should not rely on information given in this summary as legal advice.

If your product is a good, for example, a t-shirt, the Consumer Rights Act 2015 says the good must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

aup to 30 days: if your good is faulty, then you can get an immediate refund;

b) up to six months: if your good can't be repaired or replaced, then you're entitled to a full refund, in most cases; and

c) up to six years: if your good does not last a reasonable length of time, you may be entitled to some money back.

If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

a) if your digital content is faulty, you're entitled to a repair or a replacement;

b) if the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back; and

c) if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.

11.3 YOUR OBLIGATION TO RETURN REJECTED PRODUCTS

If you wish to exercise your legal rights to reject products (in accordance with this clause 11) you must post them back to us. We will pay the costs of postage or collection by the least expensive return method we offer. Please post them to Comic Relief Merchandise Returns, PO Box 12635, Colchester, CO7 8LG, United Kingdom. Please use the return label included with the delivery note.

12. PRICE AND PAYMENT

12.1 WHERE TO FIND THE PRICE FOR THE PRODUCT

The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of a product you order.

12.2 WE WILL PASS ON CHANGES IN THE RATE OF VAT

If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3 WHAT HAPPENS IF WE GOT THE PRICE WRONG?

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order. Where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

12.4 WHEN YOU MUST PAY AND HOW YOU MUST PAY

We accept payment with all major credit and debit cards except Electron. Shopify Pay will process your payment on our behalf. Unfortunately, we cannot accept payment by cash, cheque or postal order for orders placed through the online shop. When you must pay depends on what product you are buying:

(a) for goods, you must pay for the products before we dispatch them, but we will not charge your credit or debit card until we dispatch the products to you; and

(b) for digital content, you must pay for the products before you download them.

12.5 What to do if you think an invoice is wrong

If you think an invoice is wrong, please contact us promptly to let us know by emailing shop@comicrelief.com .

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1 WE ARE RESPONSIBLE TO YOU FOR FORESEEABLE LOSS AND DAMAGE CAUSED BY US

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is reasonably obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

13.2 WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL

We do not exclude or limit in any way our liability to you where it would be unlawful to do so, including liability for (i) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; (ii) fraud or fraudulent misrepresentation; (iii) breach of your legal rights in relation to the products as summarised at clause 11.2; and (iv) defective products under the Consumer Protection Act 1987.

13.3 LIABILITY FOR DIGITAL CONTENT

If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused directly by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

13.4 WE ARE NOT LIABLE FOR BUSINESS LOSSES

We only supply the products for domestic and private use. The products available on this site are sold to raise money for Comic Relief and are not intended for commercial re-sale. Charity fundraising laws prohibit businesses from reselling the products to the general public without the permission of Comic Relief. If you use the products for any commercial, business or re-sale purpose without our permission in writing, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. HOW WE MAY USE YOUR PERSONAL INFORMATION

14.1 HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information to facilitate delivery of items to you or as otherwise permitted by law. For these purposes, your name, address, email address and phone number will be provided to our delivery company. Apart from this, your personal information will only be used as set out in our Privacy Notice.

15. OTHER IMPORTANT TERMS

15.1 WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will tell you if this happens (including by updating this website) and we will ensure that the transfer will not affect your rights under the contract.

15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee)

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 NOBODY ELSE HAS ANY RIGHTS UNDER THIS CONTRACT

This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

15.4 IF A COURT FINDS PART OF THIS CONTRACT UNLAWFUL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaching this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you fail to make a payment and we do not follow up with you, but we provide the products, we can still require you to make the payment at a later date.

15.6 WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These terms are governed by the laws of England & Wales and you can bring legal proceedings in respect of the products in the English & Welsh courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.