TERMS & CONDITIONS
Our site provides you with the opportunity to order a donor package available at www.silverstoneheritageexperience.co.uk (the “Donor Package”) and a gift package available at www.silverstoneexperience.co.uk (the “Gift Package”). Except where these Terms make specific references to either the Donor Package or the Gift Package these Terms will apply to both generically as the “Products”.
These Terms will apply to any contract between us for the sale of Products to you (the “Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
The Project is planned to open in or around Spring 2019 (the “Project Opening Date”). However, this is subject to change and variation by us. We will use reasonable efforts to update you on the progress of the Project via email to the email address you have provided to us when you order a Product through our site. In any event, we will use reasonable efforts to provide you with at least six months’ notice of the Project Opening Date.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 27th June 2017.
Purchasers of the £375 Gift Package only will also be subject to the terms and conditions relating to the Silverstone Single Seater Experience available here.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website www.silverstoneexperience.co.uk. We are Silverstone Heritage Limited, a company registered in England and Wales (Company Number: 08740498) and a registered charity (Charity Number: 1166279) with our registered office at Silverstone Circuit, Towcester, Northamptonshire NN12 8TN. Our main trading address is the Jimmy Brown Centre, Silverstone Circuit, Towcester, Northamptonshire NN12 8TN. Our VAT number is GB 178 1741 84.
1.2 Contacting us as a consumer:
1.2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 7, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at [email protected] or by post to Silverstone Heritage Experience Membership Team, Jimmy Brown Centre, Silverstone Circuit, Towcester, Northamptonshire NN12 8TN. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
1.2.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team by e-mailing us at [email protected]
1.2.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2. Our Products
2.1 The images of the Products, including but not limited to the Limited Edition Components (defined at clause 13.1) and the Life Time Project Supporters’ lapel badge, on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of such Products and such Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
3. Use of our site
3.1 Your use of our site is governed by our Terms of Website Use Policy. Please take the time to read these, as they include important terms which apply to you. You may only purchase Products from our site if you are at least 18 years old.
4. How we use your personal information
5. How the contract is formed between you and us
5.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.
5.3 We will confirm our acceptance to you by sending you an e-mail (the “Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation. Such Dispatch Confirmation for the Gold and Platinum Donor Packages will be in the form of a letter and/ or email enclosing a pledge form (the “Pledge”). You must return the Pledge to us duly completed, which confirms you understand that payment for your Products becomes due once we confirm we have received Project Confirmation from the Heritage Lottery Fund (see clause 11.1 below).
5.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 10.5 or your order is cancelled in accordance with clause 11.4, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount charged as soon as possible.
5.5 Once the Contract is formed in accordance with clause 5.3 you will be entitled to receive the benefits listed on our site comprising that particular Product.
6. Our right to vary these Terms
6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3 We may revise these Terms as they apply to your order from time to time to reflect the changes in relevant laws and regulatory requirements.
6.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
7. Your consumer right of return and refund
7.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 7.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund of the amount you have paid. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order and for Gold and Platinum Donor Packages the issue of the Pledge), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
|YOUR CONTRACT||END OF THE CANCELLATION PERIOD|
|Your Contract is for the Products||The end date is the end of 14 days after the day on which you are listed on our site as a project supporter (the “Listing”).
Example: if we provide you with a Dispatch Confirmation on 1 January and the Listing is published on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
7.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at [email protected] or by post to Silverstone Heritage Membership Team, Jimmy Brown Centre, Silverstone Circuit, Towcester, Northamptonshire NN12 8TN. Please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
7.4 If you cancel your Contract we will:
7.4.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. 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.
7.4.2 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
18.104.22.168 if you have received the Product and we have not offered to collect it from you: 14 days after 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 7.7;
22.214.171.124 if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
7.5 If you have returned the Products to us under this clause 7 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7.6 We will refund you on the credit card or debit card used by you to pay.
7.7 If a Product has been delivered to you before you decide to cancel your Contract:
7.7.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can send it back to us marked for the attention of Silverstone Heritage Experience Membership Team, Jimmy Brown Centre, Silverstone Circuit, Towcester, Northamptonshire NN12 8TN;
7.7.2 unless the Product is faulty or not as described (in this case, see clause 7.5), you will be responsible for the cost of returning the Products to us;
7.8 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.1 We will contact you with an estimated delivery date, which for the Products will be once the Listing is published on our site, and the Products will be your responsibility from that time.
8.2 You own the Products once we have received payment in full.
8.3 If we miss the delivery deadline for any Products then you may cancel your order straight away if any of the following apply:
8.3.1 we have refused to deliver the Products;
8.3.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
8.3.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
8.4 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 8.3, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
8.5 If you do choose to cancel your order for late delivery under clause 8.4 or clause 8.5, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
9. No international delivery
9.1 Unfortunately, we do not deliver to addresses outside the UK.
9.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
10. Price of products and delivery charges
10.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 10.5 for what happens if we discover an error in the price of Product(s) you ordered.
10.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.4 The price of a Product includes all delivery charges.
10.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
10.5.1 where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you; and
10.5.2 if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly 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 cancel supply of the Product and refund you any sums you have paid
11. How to pay
11.1 Payment for the Platinum and Gold Donor Packages only is dependent upon us receiving confirmation, expected in or around November 2016, from the Heritage Lottery Fund that stage 2 of the Project can proceed (the “Project Confirmation”).
11.2 Purchasers of Platinum and Gold Donor Packages only, will not be required to pay for your order at the time you submit your Pledge to us. Payment must be made when we notify you with the Project Confirmation. By agreeing to these Terms you agree to pay for your order as specified in your Pledge within five days of us sending you an email, to the email address supplied by you, notifying you of the Project Confirmation with details of payment information. Payment for all other Products, aside from Platinum and Gold Packages, will be made once you place an order in accordance with clause 5.
11.3 You will only be able to pay for Products, in accordance with clause 11.2, using a debit card or credit card. We accept the following cards: Mastercard, Visa and Visa Debit.
11.4 If the Project Confirmation is not received by us and as a consequence the Project is discontinued then your order will be cancelled and our obligations to you under the Contract and these Terms will cease with immediate effect and for the purposes of a refund, for any monies paid by you for the Products, under clause 7.4 the Contract will be treated as cancelled by you. Neither we, nor you, will have any other liability or obligation to the other, save as prescribed in this clause 11.4, if the order is cancelled because of the Project discontinuance.
12. Annual Membership
12.1 Membership to the Project supporters club (the “Membership”) is provided to:
12.1.1 purchasers of the £500 Donor Package shall start once the membership pass is issued to you and shall last for one year from the Project Opening Date unless otherwise stated. After the expiry of the annual membership you may renew your Membership for subsequent periods of one year and you acknowledge that the price of the Membership may increase and the terms change; or
12.1.2 purchasers of the Platinum, Gold and Life Time Membership Donor Package and shall start once the membership pass is issued to you and will expire upon death of that member.
12.2 The pass for Membership provided to relevant purchasers under clause 12.1 will allow such members free entry to the Project, during the advertised opening hours of the Project, for the duration of your Membership upon production of a valid membership pass card belonging to the member seeking entry.
12.3 If your Membership pass needs replacing we will replace it free of charge upon receipt of notice from you through the methods specified in clause 1.2.2.
12.4 Your Membership pass is personal to you and cannot be transferred to another person. You must not lend your Membership pass to another person. To protect all members, we may ask you to see another form of identification (besides your membership card) before we allow you into the Project.
12.5 If another person uses your Membership pass we reserve the right to end your Membership.
12.6 You may cancel your Membership at any time but all refunds will be subject to clause 7 of these Terms.
12.7 Notwithstanding the terms of this clause 12, every purchaser of a Product will receive regular updates surrounding the Project via email to the email address supplied by you at clause 5.1. If you wish to opt out of receipt of such emails then please contact us by the methods prescribed at clause 1.2.
13. Limited edition components of the Products
13.1 Dependent on the Products purchased, the purchaser will receive either:
13.1.1 one limited edition commemorative souvenir (for Platinum, Gold and Silver package purchasers only);
13.1.2 one limited edition commemorative supporter’s guide book (for Platinum, Gold, Silver, Lifetime Membership and £500 Donor package purchasers only); and
13.1.3 two limited edition “Founding Donor” Lanyards
for each relevant Product purchased (together the “Limited Edition Components”).
13.2 The Limited Edition Components will be delivered to you in person either:
13.2.1 at the VIP Party (for Platinum Package purchasers only); or
13.2.2 at the VIP Silverstone Heritage Experience Preview Day (for Gold, Silver and Lifetime Membership purchasers only); or
13.2.3 at your first visit within the first three months of the Project Opening Date (for the £500 Donor Package or Gift Packages).
14. Manufacturer Guarantees
14.1 Some of the Products that contain physical product components (including but not limited to the Limited Edition Components and the Life Time members supporters lapel badge) we sell to you may come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with such applicable Products.
14.2 A manufacturer’s guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
15. Our warranty for the Products
15.1 For Products that contain physical product components (including but not limited to the Limited Edition Components and the Life Time members supporters lapel badge) and which do not have a manufacturer’s guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 15.2.
15.2 The warranty in clause 15.1 does not apply to any defect in the Products arising from:
15.2.1 fair wear and tear;
15.2.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
15.2.3 if you fail to operate or use the Products in accordance with the user instructions;
15.2.4 any alteration or repair by you or by a third party who is not one of our authorised repairers; or
15.2.5 any specification provided by you.
15.3 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
16. Platinum package purchasers hospitality for British Grand Prix
16.1 Platinum package purchasers will be provided hospitality for the British Grand Prix occurring in each of the following calendar years: 2017, 2018 and 2019 (the “Hospitality”).
16.2 The Hospitality will be subject to the terms and conditions for Grand Prix hospitality available here. Please take the time to read these terms and conditions, as it includes important terms which apply to you.
16.3 The Hospitality will take place in the Project supporter’s platinum lounge.
16.4 The Hospitality will include:
16.4.1 admission to the circuit on the Sunday of the British Grand Prix occurring in each of the following calendar years: 2017, 2018 and 2019;
16.4.2 parking at the venue;
16.4.3 the provision of breakfast, lunch, afternoon tea and complimentary bar facilities.
16.5 The tickets for the Hospitality (including an itinerary and car pass) will be posted to the Platinum package purchaser on or around two to six weeks before the date of the Hospitality in each calendar year.
17. Our liability to consumers
17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
17.2 We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.3 We do not in any way exclude or limit our liability for:
17.3.1 death or personal injury caused by our negligence;
17.3.2 fraud or fraudulent misrepresentation;
17.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
17.3.4 any breach of the terms implied by section 13 and 14 of the Sale of Goods Act 1979 (description and satisfactory quality); and
17.3.5 defective products under the Consumer Protection Act 1987.
18. Events outside our control
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
18.3.1 we will contact you as soon as reasonably possible to notify you; and
18.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid.
19. Communications between us
19.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
19.2 You may contact us as described in clause 1.2.
20. Other important terms
20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
20.2 You may only transfer your rights or your obligations under these Terms, aside from those rights specified in clause 12, to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 15 to the recipient of the gift without needing to ask our consent.
20.3 This Contract is between you and us. No other person shall have any rights to enforce any of its term, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 15, but we and you will not need their consent to cancel or make any changes to these Terms.
20.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.