Terms of Sale
These Terms of Sale, together with any and all other documents referred to, set out the terms under which Goods and the Inscription Service are sold by Us through this website, https://store.strawberryfieldliverpool.com/ “Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods or Inscriptions from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods and Inscriptions. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods or Inscriptions through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1. Useful Definitions
In these Terms of Sale, the following expressions have the following meanings:
means a contract for the purchase and sale of Goods or Inscriptions, as applicable and as explained in Clause 7;
means the goods sold by Us through Our Site;
means Your personalised message inserted in the box on the Order, which We will engrave or inscribe onto a Stone using such methods as We choose from time to time and as part of the Inscription Service;
means the engraving by Us of Your Inscription on a Stone and then the Installation of that Stone by Us at Strawberry Lane;
means your order for Goods or the Inscription Service as applicable;
means our acceptance and confirmation of your Order;
means the reference number for your Order;
means the granite stone or other stone or material obtained by Us that will or has been (as applicable) personalised with Your Inscription as inserted in the box on the Order and which will be used in the construction of Strawberry Lane;
means the installation forming Strawberry Lane at Our Strawberry Field site, and as that lane appears from time to time in its various states of construction or on completion;
means The Salvation Army Trustee Company (registered company number 00259322) acting in its sole capacity of The Salvation Army Social Work Trust, registered charity number 215174 (England & Wales) and SCO3769 (Scotland) whose registered address is at 101 Newington Causeway, London, SE1 6BN.
2. Information About Us
2.1 Our Site, https://store.strawberryfieldliverpool.com/, is owned and operated by The Salvation Army Trustee Company (registered company number 00259322) acting in its sole capacity of The Salvation Army Social Work Trust, registered charity number 215174 (England & Wales) and SCO3769 (Scotland) whose registered address is at 101 Newington Causeway, London, SE1 6BN. Our VAT number is GB144042057.
2.2 We are regulated by the Charity Commission and registered with the Fundraising Regulator and Information Commissioner.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Business Customers
4.1 You confirm that any Order placed by or on behalf of a business is carried out by an authorised representative of the business who is making the purchase.
4.2 These Terms of Sale constitute the entire agreement between us in relation to any Order made on the Site. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these Terms of Sale.
5. Goods, Pricing and Availability
5.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods and the Inscription Service available from Us correspond to the actual Goods and/or the Inscription Service. Please note, however, the following:
5.1.1 Images of Goods and/or the Inscription Service are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions; and
5.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
5.2 Please note that sub-Clause 5.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 10 if you receive incorrect Goods or Inscriptions (i.e. Goods/Inscriptions that are not as described).
5.3 We cannot guarantee that Goods will always be available. Stock indications are usually provided on Our Site.
5.4 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 5.7 regarding VAT, however).
5.5 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods and/or the Inscription at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within48 hours, We will treat your Order as cancelled and notify you of this in writing.
5.6 In the event that the price of Goods and/or the Inscription Service you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
5.7 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
5.8 Delivery charges are not included in the price of Goods displayed on Our Site. For more information on delivery charges, please refer to https://store.strawberryfieldliverpool.com/shipping-costs. Delivery options and related charges will be presented to you as part of the order process.
6. Inscription Service
6.1 All Orders are subject to availability of Stones and workmanship.
6.2 Orders for the Inscription Service are made in accordance with clause 7 below. If We cannot accept your Order for the Inscription Service, we will inform you of this via email and We will not charge you for the Inscription Service. This might be for various reasons, for example because the relevant materials are out of stock or unavailable, or because of unexpected limits on Our resources, or because We have identified an error in the price or the description of the Inscription Service, or because We have been unable to obtain authorisation for Your payment, or because We consider the Inscription or any part of it to be unlawful, incompatible with the Salvation Army principles, inappropriate or likely to cause insult, embarrassment or offence to any individual, group or organisation. Should We have taken payment of the price prior to non-acceptance of Your Order then We will refund you, but please note that it can take up to 30 working days for the bank to transfer funds back to You.
6.3 Once an Order for an Inscription is accepted by Us, it is anticipated that it will take 4-6 weeks for the Inscription Service to be complete. This timescale may be shorter or longer, depending on circumstances and Inscription times are estimates only
6.4 We shall use reasonable skill and care to perform the Inscription Service.
6.5 Once installed as part of Strawberry Lane, Stones cannot be removed, unless We consider it necessary and in accordance with these Terms of Sale as it will incur a cost to Us.
6.6 If after placing an Order for the Inscription Service you would like to cancel, then the terms set out in clause 11 shall apply. Please note clause 11.3.3 where We are unable to provide a cancellation or make any changes to the Inscription.
6.7 You are responsible for ensuring the details of your Inscription as specified on the Order are correct at the time of placing Your Order. If You wish to make a change to Your Inscription, please contact Us within 14 days of placing Your Order. Any requests to do so outside of this timescale are not guaranteed.
6.8 Once a Stone is installed at Strawberry Lane, We reserve the right to remove and destroy the Stone with Your Inscription from Strawberry Lane if We receive any complaints and We feel it may impact Our reputation and/or goodwill. In such case, no refunds will be available, but we may refund part of the price to You in Our discretion and depending on what remains after deducting our costs for removal and destruction of the Stone.
6.9 The colour and size of each Stone may vary. Also the font, colour and size of text for the Inscription may vary.
6.10 An Inscription cannot exceed 30 characters (including punctuation and spaces). We will not be able to accept Orders where the Inscription does not comply with Our instructions, these Terms of Sale or the details contained on the Order.
6.11 Strawberry Lane may comprise engraved and plain stones and We cannot guarantee how long Your Inscription will remain installed at Strawberry Field. We reserve the right to remove Strawberry Lane at any time.
6.12 Specific locations at Strawberry Lane cannot be reserved for the Stone engraved with Your Inscription and we will place each Stone at our discretion.
6.13 Ownership of Stones engraved as part of the Inscription Service will remain with Us at all times. We shall determine the specific location of each Stone at Strawberry Lane. We reserve the right to remove or relocate (at any time) a Stone or Strawberry Lane.
6.14 No business Use - We only supply the Inscriptions for private use and we cannot accept Inscriptions for business, commercial purposes or to advertise a business or organisation.
7. Orders – How Contracts Are Formed
7.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
7.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
7.3 Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
7.4 Order Confirmations shall contain the following information:
7.4.1 Your Order Number;
7.4.2 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
7.4.3 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
7.4.4 Estimated delivery date(s) and time(s);
7.4.5 In the case of the Inscription Service, details of the text of the Inscription and the timeframes for carrying out the Inscription Service.
7.5 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 28 days.
7.6 Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Goods and/or the Inscription Service.
8.1 Payment for Goods and the Inscription Service and related delivery charges must always be made in advance and you will be prompted to pay during the order process.
8.2 We accept the following methods of payment on Our Site:
8.2.3 American Express
8.2.7 Diners Club
9. Delivery, Risk and Ownership
9.1 All Goods purchased through Our Site will normally be delivered within 14 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 13). For details of the when the Inscription Service will be completed see clause 6.3.
This clause 9.2 only applies to consumers and does not apply to business customers.
9.2 In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 9.1), if any of the following apply you may treat the Contract as being at an end immediately:
9.2.1 We have refused to deliver your Goods or provide the Inscription Service; or
9.2.2 In light of all relevant circumstances, delivery within that time period was essential; or
9.2.3 You told Us when ordering the Goods that delivery within that time period was essential.
9.3 If you do not wish to cancel under sub-Clause 10.1 or if none of the specified circumstances apply, you may specify a new, reasonable delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
9.4 You may cancel all or part of your Order under sub-Clauses 9.2 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Inscription Service and/or Goods and their delivery will be refunded to you within 28 days Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Goods.
9.5 Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address you have provided.
9.6 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
9.7 Any refunds due under this Clause 9 will be made using the same payment method that you used when ordering the Goods and/or the Inscription Service.
10. Faulty, Damaged or Incorrect Goods
This clause 10 only applies if you are a consumer and does not apply to business customers.
10.1 If any Goods or the Inscription Service you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at email@example.com as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund or replacement. Your available remedies will be as follows:
10.1.1 Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform with the description on the Site.
10.1.2 If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a replacement of the Goods. We will bear any associated costs and will carry out the replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, We may instead offer a full refund.
10.1.3 If the Inscription on the Stone does not correspond with the details you gave during the Order then We shall replace the Stone with the correct Inscription. We will bear any associated costs and will carry out the replacement within a reasonable time and without significant inconvenience to you.
10.2 To return Goods to Us for a reason under Clause 10.1, please contact Us at firstname.lastname@example.org to arrange for a return. We will be fully responsible for the costs of returning Goods under this Clause 10 and will reimburse you where appropriate.
10.3 Refunds (whether full or partial, including reductions in price) under this Clause 10 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
10.4 Refunds under this Clause 10 will be made using the same payment method that you used when ordering the Goods.
11. Cancelling and Returning Goods if You Change Your Mind
This clause 11 only applies if you are a consumer and does not apply to business customers.
11.1 If you are a consumer, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete.
11.1.1 If the Goods are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which you receive the Goods.
11.1.2 If the Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you receive the final instalment of Goods.
11.1.3 For the Inscription Service, the legal cooling-off period ends 14 calendar days after the day we email you to confirm we accept your Order. However, once We have completed the Inscription Service you cannot change your mind, even if the period is still running. If you cancel after We have started the services, you must pay Us for the Inscription Service in full.
11.2 If you wish to exercise your right to cancel under this Clause 11, you must inform Us of your decision within the cooling-off period. Cancellation by email or by post is effective from the date on which you send Us your message. If you would prefer to contact Us directly to cancel, please use the following details:
11.2.1 Telephone: 01512526130
11.2.2 Email: email@example.com
11.2.3 Post: Strawberry Field, 8 Beaconsfield Road, Liverpool, L25 6EJ
In each case, providing Us with your name, address, email address, telephone number, and Order Number.
11.3 Please note that you may lose your legal right to cancel under this Clause 11 in the following circumstances:
11.3.1 If the Goods are likely to deteriorate quickly, for example flowers or food; and/or
11.3.2 If the Goods have been personalised or custom-made for you; and/or
11.3.3 Once We begin transferring the Inscription to a Stone, we regret that we cannot provide any refunds or make any changes.
11.4 Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 11.
11.5 You may return Goods to Us by post or another suitable delivery service of your choice to Our returns address at strawberry field, 8 Beaconsfield Road, Liverpool, L25 6EJ. please contact Us at firstname.lastname@example.org to arrange for a collection and return. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 11.
11.6 Refunds under this Clause 11 will be issued to you within 14 calendar days of the following:
11.6.1 The day on which We receive the Goods back; or
11.6.2 The day on which you inform Us that you have sent the Goods back (if this is earlier than the day under sub-Clause 11.6.1); or
11.6.3 If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, or started the Inscription Service, the day on which you inform Us that you wish to cancel the Contract.
11.7 Refunds under this Clause 11 may be subject to deductions in the following circumstances:
11.7.1 Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.
11.8 Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Goods and/or the Inscription Service.
12. Our Liability to Consumers
Clauses 12.1 to 12.4 only apply if you are a consumer and do not apply to business customers.
12.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
12.2 We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
12.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
12.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.
Our Liability to Businesses
Clauses 12.5 to 12.8 only apply to business customers and not to consumers.
12.5 The following provisions set out Our entire financial liability (including any liability for the acts or omissions of employees, agents and sub-contractors) to You in respect of:
12.5.1 any breach of these Terms of Sale or the Contract;
12.5.2 any use made (including but not limited to modifications) or resale by You of any of the Goods, or of any product incorporating any of the Goods; and
12.5.3 any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
12.6 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
12.7 Nothing in these Terms of Sale excludes or limits Our liability:
12.7.1 for death or personal injury caused by Our negligence;
12.7.2 for any matter which it would be illegal for Us to exclude or attempt to exclude Our liability; or
12.7.3 for fraud or fraudulent misrepresentation.
12.8 Subject to sub-Clauses 12.6 and 12.7:
12.8.1 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the price of the applicable Order; and
12.8.2 We shall not be liable to You for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the applicable Contract.
13. Events Outside of Our Control
13.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.
13.2 If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
13.2.1 We will inform you as soon as is reasonably possible;
13.2.2 We will take all reasonable steps to minimise the delay;
13.2.3 To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
13.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods or the provision of the Inscription Service as necessary;
13.2.5 If the event outside of Our control continues for more than one month We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 28 days of the date on which the Contract is cancelled;
13.2.6 If an event outside of Our control occurs and you wish to cancel the Contract as a result, you may do so in any way you wish. If you would prefer to contact Us directly to cancel, please use the following details:
Post: strawberry field, 8 beaconsfield road, Liverpool, L25 6EJ
In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 28 days of the date on which the Contract is cancelled.
14. Communication and Contact Details
Contacting us if you are a consumer:
14.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 01512526130, by email at email@example.com, or by post at strawberry field, 8 beaconsfield road, Liverpool, L25 6EJ.
Contacting us if you are a business:
14.5 All notices under these Terms of Sale and under the Contract shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the party giving the notice.
14.6 Notices shall be deemed to have been duly given:
14.6.1 when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or
14.6.2 when sent, if transmitted by e-mail and a return receipt is generated; or
14.6.3 on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
14.6.4 on the tenth business day following mailing, if mailed by airmail, postage prepaid.
15. Complaints and Feedback
15.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
15.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
15.2.1 [In writing, addressed to strawberry field;]
15.2.2 [By email, addressed to firstname.lastname@example.org at;]
15.2.4 [By contacting Us by telephone on 01512526130]
16. How We Use Your Personal Information (Data Protection)
16.1 All personal data that We may collect about you and use will be collected, held, and processed in accordance with UK data protection law (including, but not limited to, the GDPR (and any successor legislation which applies following the UK’s departure from the European Union), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003).
17. Other Important Terms
17.1 We may transfer Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
17.2 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
17.3 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
17.4 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
17.5 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.
18. Law and Jurisdiction
18.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.
18.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
18.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
18.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the non-exclusive jurisdiction of the courts of England & Wales.