These Terms and Conditions set out how the relationship between you and the Quantum Amateur Radio Technology Society, trading as and hereinafter referred to as the Quantum Technology Club, will operate in regard to the purchase by you of the goods sold by the Quantum Technology Club on the Quantum Technology Club online store.
Please read these Terms & Conditions carefully.
You may have other rights granted by law and these Terms & Conditions do not affect such rights.
1 The Parties
1.1 The Quantum Technology Club is an unincorporated association who’s main correspondence address is 86 Colinmander Gardens, Ormskirk, Lancashire L39 4TF.
1.2 You are the other party to these Terms & Conditions and will enter your identification details into the Order Form.
2 Contact Information
2.1 If you have any questions about your order or you would like to return any Goods purchased in accordance with these Terms & Conditions, please write to , telephone on 07356 229 900 or email [email protected].
2.2 If you would like any information about the Quantum Technology Club and its activities, you can contact the Quantum Technology Club by telephone on 07356 229 900 or email [email protected]. You can also write to the Quantum Technology Club at 86 Colinmander Gardens, Ormskirk, Lancashire L39 4TF.
3 Definitions and Interpretation
3.1 In these Terms & Conditions the following words and phrases shall have the following meanings:
1998 Act means the Data Protection Act 1998;
Carrier means the organisation contracted to deliver the Goods you have Ordered to the address specified in the Order Form;
Goods means any products (including but not restricted to gift vouchers) ordered by you from the the Quantum Technology Club online store;
Order means each separate order for Goods made by you from the Quantum Technology Club online store;
Order Form means the electronic form available on the Quantum Technology Club online store which shall be used by you to Order the Goods offered for sale on the Quantum Technology Club online store;
Order Number means the reference number that you will receive from the Quantum Technology Club when you complete the payment of your Order through the Quantum Technology Club online store;
Personal Data shall have the same meaning as in the 1998 Act;
Terms & Conditions means these terms and conditions under which you agree to purchase the Goods;
The Quantum Technology Club online store means the website located at the domain name www.quantumtech.club.
Working Day means a day between Monday and Friday which has not been designated as a public holiday in England and Wales by the UK Government or a day designated as a public holiday in the country to which the Goods are being delivered by the government of that country.
‘you’ means the other party to these Terms & Conditions and ‘your’ shall be construed accordingly
3.2 All references to a statutory provision shall be construed as including references to:
3.2.1 any statutory modification, consolidation or re-enactment;
3.2.2 all statutory instruments or orders made pursuant to it; and
3.2.3 any statutory provision of which it is a modification, consolidation or re-enactment.
3.3 Except where the context otherwise requires:
3.3.1 words denoting the singular include the plural and vice versa;
3.3.2 words denoting any gender include all genders;
3.3.3 words denoting persons include firms and corporations and vice versa.
3.4 Unless otherwise stated, a reference to a clause, sub-clause or Schedule is a reference to a clause or a sub-clause of, or a Schedule to, these Terms and Conditions.
3.5 Clause headings are for ease of reference only and do not affect the construction of these Terms and Conditions.
4 Application of these Terms & Conditions
4.1 These Terms and Conditions shall apply to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification or other document) in respect of the sale of the Goods via the Quantum Technology Club online store.
4.2 The Quantum Technology Club reserves the right to change these Terms & Conditions from time to time. Any such changes will take effect when posted on the Quantum Technology Club online store and it is your responsibility to read these Terms & Conditions on each occasion when you use the Quantum Technology Club online store and your continued use of the Quantum Technology Club online store shall signify your acceptance to be bound by the latest Terms & Conditions.
4.3 Your use of the Quantum Technology Club online store is also governed by these Terms & Conditions and legal notices on other areas of the Quantum Technology Club website such as the Quantum Technology Club Privacy Policy and security policy, which will, together with these Terms & Conditions govern your use of the Quantum Technology Club online store.
4.4 By proceeding with your Order you acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the Quantum Technology Club which is not set out in these Terms & Conditions.
5 Contracting
5.1 The technical steps required for the contract between you and the Quantum Technology Club to be made are as follows:
5.1.1 You will be guided through the process of placing an order by a series of simple instructions on the Quantum Technology Club online store.
5.1.2 Once you have decided on the Goods you wish to purchase and press the ‘proceed to check out button’ you place the Order for such Goods by entering your Information into the Order Form and pressing the confirm order button at the end of the checkout process.
5.1.3 You will then be shown a copy of your Order on the screen. If any part of it is incorrect please amend your Order.
5.1.4 You will then be asked to pay for your Order.
5.1.5 Once your Order has been paid for the Quantum Technology Club will send you an email accepting your Order.
5.1.6 Order acceptance and the completion of the contract between you and the Quantum Technology Club will take place when you receive the Order Number.
5.2 The Quantum Technology Club has taken every care in the preparation of the content of the Quantum Technology Club online store, and in particular to ensure that:
5.2.1 prices quoted are correct at time of publishing; and
5.2.2 the Goods have been fairly described.
5.3 The Quantum Technology Club retains its right to reject Orders if there are material errors in the description of the Goods or their prices as advertised on the Quantum Technology Club online store.
5.4 Non-acceptance of an order may be a result of one of the following:
5.4.1 one or more of the Goods you ordered being unavailable;
5.4.2 The Quantum Technology Club’s inability to obtain authorisation of your payment;
5.4.3 the identification of a pricing or description error in respect of any Goods or other products
5.4.4 you not meeting the eligibility to order criteria set out in these Terms & Conditions.
5.5 The contract is in English and is not available in any other languages.
5.6 The details of your specific contract will not be filed by the Quantum Technology Club. However if you wish to find out any information in respect of the order please contact the Quantum Technology Club
6 Cancellation
6.1 You have the right to cancel this contract within 14 days without giving any reason, subject to clause 6.13.
6.2 The cancellation period will expire:
6.2.1 at the end of 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Goods; or
6.2.2 if your Order includes multiple Goods to be delivered separately, at the end of 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Goods to be delivered.
6.3 To exercise the right to cancel, you must inform the Quantum Technology Club of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail), using our contact details set out in clause 2.1, you may use the model cancellation form annexed to these Terms & Conditions, but it is not obligatory.
6.4 To meet the cancellation deadline, it is sufficient for you to send your statement referred to in clause 6.3 before the cancellation period has expired.
6.5 If you cancel this contract in accordance with this clause 6 the Quantum Technology Club will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by the Quantum Technology Club).
6.6 The Quantum Technology Club may make a deduction from the reimbursement referred to in clause 6.5 for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you.
6.7 The Quantum Technology Club will make the reimbursement without undue delay, and not later than:
6.7.1 14 days after the day the Quantum Technology Club receives back from you any Goods supplied; or
6.7.2 (if earlier) 14 days after the day you provide evidence that you have returned the Goods; or
6.7.3 if there were no Goods supplied, 14 days after the day on which the Quantum Technology Club is informed about your decision to cancel this contract.
6.8 The Quantum Technology Club will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement.
6.9 The Quantum Technology Club may withhold reimbursement until the Quantum Technology Club has received the goods back or you have supplied evidence of having sent back the Goods, whichever is earliest.
6.10 You shall send back the Goods or hand them over to the Quantum Technology Club without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to the Quantum Technology Club. The deadline is met if you send back the Goods before the period of 14 days has expired.
6.11 You will have to bear the cost of returning the Goods.
6.12 You are only liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
6.13 The right to cancel referred to in clause 6.1 does not apply to Orders for:
6.13.1 Goods that have been personalised to your specification; or
6.13.2 periodicals or magazines.
6.14 In addition to your right to cancel this contract set out in clause 6.1, if within thirty (30) days after delivery of the Goods you establish there is a fault with the Goods, you may return the Goods to the Quantum Technology Club at the address given in clause 2.1. Before returning the Goods to the Quantum Technology Club you must call the Quantum Technology Club on 07356 229 900 to inform the Quantum Technology Club of the fault. Subject to confirmation of the fault,the Quantum Technology Club will repair or replace the Goods or refund the price of the Goods at your option. If you request a refund, the Quantum Technology Club will also refund the delivery charge. The Quantum Technology Club may, at its sole discretion, provide you with a free postal address to which to return the faulty Goods.
7 Description
7.1 The quality and description of the Goods supplied to you by the Quantum Technology Club shall be as set out in the Quantum Technology Club online store.
7.2 All drawings, pictures, descriptive matter, specifications and advertising issued by the Quantum Technology Club and any descriptions or illustrations contained on the Quantum Technology Club’s online store are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of these Terms & Conditions.
7.3 Please note that the colours of the Goods are as accurate as the Quantum Technology Club online store allows. As the actual colours you see will depend on your monitor, the Quantum Technology Club cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the Goods on delivery.
8 Price and Payment
8.1 All prices are displayed on the Quantum Technology Club online store in pounds sterling. The Quantum Technology Club is not VAT registered and does, therefore, not charge VAT on the products it sells. The price for the Goods shall be exclusive of delivery and insurance, all of which amounts you shall pay in addition to the cost of the Goods.
8.2 By submitting your Order you are offering to buy the Goods at the prices set out in the Quantum Technology Club online store.
8.3 The prices stated by the Quantum Technology Club at the time it receives your Order are the prices you pay except where the Quantum Technology Club discovers an error in the price of the Goods you have ordered. In this event, the Quantum Technology Club will inform you as soon as possible after receiving your Order and give you the option of reconfirming your Order at the correct price or cancelling your Order. If the Quantum Technology Club is unable to contact you the Quantum Technology Club will treat the Order as cancelled.
8.4 Payment is made through a secure payment server.
8.5 All payments must be made at the time of placing the order, by debit or credit card. The Quantum Technology Club accepts MasterCard, Visa, Visa Delta and Maestro. All payments must be made in pounds sterling. If you fail to pay in Pounds Sterling you will be required to pay any fees incurred by the Quantum Technology Club to convert the currency used to pay for the goods into Pounds Sterling.
8.6 Time for payment shall be of the essence. No payment shall be deemed to have been received until the Quantum Technology Club has received cleared funds.
9 Delivery and collection
9.1 The Quantum Technology Club is unable to deliver your Goods. All Goods must be collected from the Quantum Technology Club at a date and time to suit both parties.
9.7 Ownership and Risk of loss or damage to the Goods shall pass to you at the time the Goods are in your possession.
9.8 The Quantum Technology Club shall not hand over the Goods until they have been paid for in full and the Quantum Technology Club have received the cleared funds.
9.9 Subject to the other provisions of these Terms & Conditions the Quantum Technology Club shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the collection of the Goods (even if caused by the Quantum Technology Club’s negligence).
9.10 The quantity of any consignment of Goods as recorded by the Quantum Technology Club upon collection from the Quantum Technology Club’s place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
10 Complaints
10.1 The Quantum Technology Club aims to deal with all complaints as effectively as possible. Our complaints handling procedure is designed to be fair, confidential, easy to use, speedy and informative. If you wish to make a complaint please contact the Quantum Technology Club by using the contact details specified in Clause 2.1 above.
10.2 Please provide full details of the nature of your complaint, including the Goods purchased, your Order number, your name, address, daytime telephone number, email address and any other information which you think will assist the Quantum Technology Club in resolving your problem as quickly as possible.
11 Limitation of liability
11.1 The Quantum Technology Clubs total liability for any breach of these Terms & Conditions shall be limited to the total amount paid to the Quantum Technology Club by you in respect of the Order.
11.2 The information contained in the material on this Website is only for information purposes. The Quantum Technology Club has not provided any legal, financial or other advice within the Quantum Technology Club online store. The material in this Website does not constitute advice and you should not rely on any material in this Website to make (or refrain from making) any decision or take (or refrain from taking) any action.
11.3 The Quantum Technology Club does not make any promises or warranties about the Goods. The Goods are sold in accordance with the manufacturer’s specification, subject to any qualification or representation contained in the Quantum Technology Club online store.
11.4 In the absence of any negligence other than breach of duty by the Quantum Technology Club, your use of any Goods other than in accordance with their operating manuals and/or instructions is entirely at your own risk.
11.5 The Quantum Technology Club will take all reasonable precautions to keep the details of your Order and payment secure, but, unless the Quantum Technology Club are negligent, the Quantum Technology Club cannot be held liable for any losses caused as a result of unauthorized access to information provided by you.
11.6 Unless otherwise specified, the materials on the Quantum Technology Club online store are directed solely at those who access the Quantum Technology Club online store from the United Kingdom. The Quantum Technology Club makes no representation that any products referred to in the materials on the Quantum Technology Club online store are appropriate for use, or available, in other locations. Those who choose to access the Quantum Technology Club online store from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
11.7 If either you or the Quantum Technology Club are in breach of the arrangements under these Terms & Conditions, neither of you nor the Quantum Technology Club will be responsible for any losses that the other suffers as a result, except those losses which are a foreseeable consequence of the breach. Losses are foreseeable where they could be contemplated by both you and the Quantum Technology Club at the time you place an Order.
11.8 The Quantum Technology Club shall not have any liability to you in respect of any resale made by you of any of the Goods, or of any product incorporating any of the Goods.
11.9 Nothing in these Terms & Conditions excludes or limits the liability of the Quantum Technology Club:
11.9.1 for death or personal injury caused by the Quantum Technology Club’s negligence;
11.9.2 under section 2(3), Consumer Protection Act 1987;
11.9.3 for any matter in respect of which it would be illegal for the Quantum Technology Club to exclude or attempt to exclude its liability; or
11.9.4 for fraud or fraudulent misrepresentation.
12 Intellectual Property
12.1 You may only link to the Quantum Technology Club online store with our prior written permission. The Quantum Technology Club reserves the right to remove any links to its website that it deems are inappropriate without notice.
12.3 All copyright and other intellectual property rights in the materials on the Quantum Technology Club online store are owned by the Quantum Technology Club unless otherwise indicated. Subject to Clause 12.5 below you may download, print or copy any material from the Quantum Technology Club online store that you wish, provided it is for your own personal, non-commercial use and you keep in place all original copyright notices or other intellectual property notices.
12.4 Subject to Clause 12.2 above, you may not copy, modify, alter, distribute, publish, sell or otherwise use any material on the Quantum Technology Club online store in whole or in part, unless you have obtained the prior written consent of the Quantum Technology Club.
12.5 You may not download any photographs from the Quantum Technology Club online store without the prior written permission of the Quantum Technology Club which may be withheld in its absolute discretion.
12.6 Any permission to download materials from the Quantum Technology Club online store does not grant you permission to download any materials from any website which is linked to the Quantum Technology Club online store in any way.
13 Assignment
13.1 The Quantum Technology Club may assign these Terms & Conditions or any part of it to any person, firm or company.
13.2 You shall not be entitled to assign these Terms & Conditions or any part of it without the prior written consent of the Quantum Technology Club.
14 Force majeure
The Quantum Technology Club reserves the right to defer the date of delivery or to cancel these Terms & Conditions or reduce the volume of the Goods ordered by you (without liability to you) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Quantum Technology Club including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of one hundred (100) days, you shall be entitled to give notice in writing to the Quantum Technology Club to terminate your Order.
15 Data Protection
The Quantum Technology Club processes the Personal Data submitted by you for the purposes set out in its Privacy Policy.
16 Privacy and Electronic Communications (EC Directive) Regulations 2003
By giving the Quantum Technology Club your email address the Quantum Technology Club will be able to respond to the questions that you raise. If you would like to receive any other information from the Quantum Technology Club by electronic communication, please tick the relevant box in the Order Form.
17 Legal jurisdiction and dispute resolution
17.1 English law shall apply to these Terms & Conditions.
17.2 The parties irrevocably agree that the courts in England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
18 Disclaimers
The Quantum Technology Club may not necessarily keep a copy of these Terms & Conditions and your order. The Quantum Technology Club advise you to print a copy of them for your information in the future.
19 Waiver
No waiver by the Quantum Technology Club of any breach of the terms of these Terms & Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
20 Severability
If any provision or term of these Terms & Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever such term or provision will be divisible from these Terms & Conditions and shall be deemed to be deleted from these Terms & Conditions.
21 Third Parties
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms & Conditions. No person who is not a party to these Terms & Conditions (including any employee, officer, agent, representative or subcontractor of either party other than those named as a party) shall have the right (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise) to enforce any term of these Terms & Conditions which expressly or by implication confers a benefit on that person without all our express prior agreement in writing which agreement must refer to this clause.