Terms & Conditions
Welcome to The Welsh Rugby Union Limited (“WRU”) Official Online Memorabilia StoreWelcome to The Welsh Rugby Union Limited (“WRU”) Official Online Memorabilia Store.
- Site Operation
memorabilia.wru.co.uk (the “Website”) is operated by Uprise Print Limited (trading as Uprise), a company registered in England and Wales (company number 04433052) whose registered office is at 5 Willow Walk, Cowbridge, Wales CF71 7EE (“we/our/us”). Our principal place of business is at Unit 7, Llantrisant Business Park, Llantrisant, RCT CF72 8LF, and Our VAT number is: 177965641.
- Terms and Conditions
Please read the following Terms & Conditions (“Terms”) carefully before using this website. These Terms explain how you may use the Website or any Sub-Sites. By using the Website or any Sub-Site accessible on the Website, or by ordering any Goods and/or Services from the Website or any Sub-Site, the user (“User” or “You”) accept, without limitation or qualification, the Terms set out below and any additional Terms set out in any Sub-Site. If you do not agree to these Terms, you should stop using this Website immediately. We will notify users of any material changes to the Terms by publishing a notice of such changes on the home page of this Website. Your continued use of this Website implies that you accept to be bound by any updated version of the Terms.
You may wish to open these Terms in another browser window so you can print them out.
- Definitions and Interpretation
In these Terms the following words and phrases shall have the following meanings:
"Consumer" means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Goods” means any products that we advertise and/or make available for sale through this Website;
“Intellectual Property Rights” means all:
(a) copyrights, patents, rights in trademarks, design rights, database rights, rights in know-how, trade secrets, service marks, domain names and rights in confidential information (whether registered or unregistered);
(b) applications for registration, and the right to apply for registration, renewal, extension, division or reissue, for any of the rights listed in (a); and
(c) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world;
“Premises” means our place of business located at Unit 7, Llantrisant Business Park, RCT CF72 8LF;
“Services” means collectively any online facilities, tools, services or information that we make available through this Website either now or in the future;
“System” means any online communications infrastructure that we make available through this website either now or in the future. This includes, but is not limited to, web-based email, message boards and email links;
“User”/“Users” means the third party(ies) that access this website and are not employed by us acting in the course of their employment, and includes you;
“Website” means the Website that you are currently using http://memorabilia.wru.wales/ and any sub-domains of the Website unless expressly excluded by their own terms and conditions;
“Working Day” means Monday to Friday (excluding UK Bank Holidays).
- Website Registration
In return for allowing You to use this Website and benefiting from our Services, You agree that any information You provide Us about yourself at any time will be true, accurate, current and complete and that You will ensure that this information is kept accurate and up to date. If incorrect information is supplied, any contractual obligation We have is immediately null and void.
If You are under the age of 18, You must ask your parents or guardians before you:
- E-mail the Website, or ask Us to e-mail anything to you;
- Send in any information to Us; and/or
- Buy anything online;
By continuing to use this Website and any of the Services offered, You are confirming that You have received the consent of your parents or a guardian to do so. PLEASE NOTE that all minors are recommended to discuss these Terms with their parents before they complete the registration process.
- Use of the Website
You agree that you will only use the Website in a way which is consistent with the Terms and which complies with applicable laws and regulations. In particular you agree that when using the Website you will:
- not use this Website to upload or send any material which contains software viruses or other codes, files or programmes designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt this Website
- not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that uses obscene or vulgar language or is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- not submit Content that is intended to promote or incite violence;
- submit any enquiries using the English or Welsh language (as we may be unable to respond to enquiries submitted in any other languages);
- not impersonate other people, particularly employees and representatives of ours or our affiliates; and
- not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
You acknowledge that this Website and any goods that you obtain from the Website are provided for your personal use only and may not be used for any commercial purposes or distributed commercially without our permission. You agree that you are solely responsible for keeping your password and other account details confidential.
You acknowledge that we reserve the right to monitor any and all communications made to us or using our System.
- Website Availability
We will endeavour to ensure that this website is fully operational at all times. However we cannot guarantee that the website will be fault free. In particular, access to this website may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services. We may suspend or terminate operation of the website and any sub-site as we see fit.
Further, by using this website and any sub-site, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within our control and if we are totally or partially prevented or delayed in the performance of any of its obligations in providing a particular service, such a situation will constitute a 'force majeure' and we shall be excused the performance for so long as such a situation endures.
For the purposes of these Terms and Conditions, the term 'force majeure' shall be deemed to include any cause affecting our performance of our obligations arising from or attributable to acts, events, omissions or accidents beyond our reasonable control and in particular, but not by way of limitation, shall include strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, zombie attacks, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.
We reserve the right to restrict, suspend or terminate your use of the Website or any of our services at any time and at our absolute discretion if we believe you have breached these Terms.
You agree to indemnify, defend and hold us, all of our associate companies, their directors, employees, information providers, licensors and licensees, officers and partners, (collectively, the "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, legal fees and costs) incurred by the Indemnified Parties in connection with any claim arising out of a breach by you of these Terms. You will co-operate as fully as we reasonably require as the case may be, in defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without our written consent.
- Stock and Availability
Whilst every effort is taken to ensure all items on the Website are always in stock, occasionally some items will be temporarily out of supply.
Please note: The products illustrated on this Website are as seen. The reproduction of colours is as accurate as photographic and computing processes will allow. We accept no responsibility for variances in colour or style due to the settings on the users monitor.
We reserve the right to alter without notice or prior warning, prices of products and conditions of sale.
- Purchasing Goods
The Help Section tells you how to order and pay for products. It also addresses any questions you might have about delivery of your products, your right to cancel orders or return faulty products to us and our quality assurance.
We have the right to decline orders of high value purchases and to change price and availability information at any time without notice. From time to time we may decline orders generally and refund any charges, in whole or in part, as and where relevant.
Please note that any promotions/offers on this Website cannot be used in conjunction with any other discounts on this Website or those of our suppliers or partners (if any).
We will pre-authorise and charge for all pre-ordered items at the time that any order is placed. This is to ensure that stock is allocated against your order. It is also sometimes necessary for the customer to confirm details contained within the order before any order can be processed.
- Intellectual property
You acknowledge and agree that all content included on this Website, including but not limited to Intellectual Property Rights in the Goods (including but not limited to product images and descriptions) and Website design, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code, software and the selection and arrangement thereof shall remain vested in Us or that of our affiliates or other relevant third parties (including but not limited to manufacturers and/or distributors of any products). By continuing to use this Website you acknowledge that such material is protected by applicable United Kingdom and International copyright laws. Subject to the foregoing, the page headers, custom graphics and button icons are (unless indicated otherwise) service marks, trademarks, and/or trade dress of ours or its owner. Nothing in these Terms grants you any legal rights in the Website or Sub-Sites other than as necessary to access the Website or Sub-Sites.
All software used on this Website is the property of Uprise Print, and we are protected by UK and international copyright laws. ALL RIGHTS ARE RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this Website for the purposes of placing an order with us and using this Website as a shopping resource only. Any other use of Content and/or materials on this Website including but not limited to reproduction for purposes other than those noted above, modification, distribution, transmission, broadcasting, republication, downloading or uploading without our of the relevant third party’s prior written permission is strictly prohibited unless otherwise indicated on this Website or unless we and/or the relevant third party give you express written permission to do so.
- Notification of Copyright Infringement
We will, in appropriate circumstances, terminate the accounts of Users who infringe the Intellectual Property Rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide Us with a notice (“Notice”) containing the following elements.
- A physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
- A description of the copyrighted work or works that you claim have been infringed and which you request to be removed from the site;
- A description of the location of the material that you claim is being infringed;
- Information sufficient to permit us to contact you, such as your physical address, telephone number and e-mail address;
A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorised by the copyright owner, its agent, or the law;
A statement by you that the information in your Notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner's behalf.
You can notify Us of any claims of copyright infringement at our Premises.
You acknowledge and agree that the trademarks on this Website shall remain at all times vested in, us or any third party licensing use thereof to us (as applicable). By using this Website, you further undertake not to use any such trademarks without our prior written consent, our Trademarks or Third-Party Trademarks without the prior written consent of us or such third parties as own the applicable trademark. The WRU logo is an official trademark of the WRU and is the subject of extensive trademark registration worldwide.
- Links to other web sites
The Website may contain links to other websites owned by Us and associated companies from time to time and/or websites that are owned by third parties that are not connected with Us including other websites owned by Us. Unless expressly stated, these sites are not under our control or that of our affiliates and are provided for your convenience only.
Your use of or access to those sites at your own risk, and may be governed by the terms and conditions of that third-party website. We have no control over the contents of such sites and do not have any responsibility or liability for such third-party websites or for any loss or damage that may arise out of your use of such third-party websites. The inclusion of a link to another site on the Website does not imply any endorsement of the sites themselves or of those in control of them.
- Communications supplied by Users
If you send communications or materials to us, directly to the website or via e mail or written communications, all communications are, and will be treated as, non-confidential and non-proprietary. This means that you give up any claim that any use of such material infringes any of your rights including without limitation moral rights, proprietary rights or any other right, including the right to approve the way in which we use such material.
Any material submitted to this Website, may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used on a royalty free basis by us anywhere in the world, in any medium, in perpetuity.
- Complaints and Comments
If you would like to make a complaint, or you have any comments about the Website or any of the Goods provided to you, please contact us through the Contact Us section on the Website. Alternatively, you can contact us Monday – Friday, 8am – 4pm by telephone at +44 (0)2920 002 200 or in writing by email at firstname.lastname@example.org.
- Amendments to the Website, our Services and the Terms
We may amend this Website and our Services in any way and at any time with or without notice to you.
We may add to, change or remove any part of these Terms at any time. Our updated Terms will be displayed on the Website and by continuing to use and access the Website following any amendments, you agree to be bound by any variations made by us. It is your responsibility to check these Terms from time to time to verify such amendments. We may add, change, discontinue, remove or suspend any other Content displayed on the Website, including features and specifications of products and services described or depicted on the Website, temporarily or permanently, at any time, without notice and without liability.
- Limitation of Liability
To the fullest extent permitted by applicable laws, neither we nor any of our respective directors, employees, affiliates or other representatives or affiliates will be liable for loss or damages arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this Website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if we have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable. If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall our total liability to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website.
In the event that we fail to enforce any rights against you, or delay in doing so, that will not mean that you have waived the enforcement of any such rights against you.
In situations where we give you the option to subscribe to our email service which will update you with news or information which we consider to be of interest to you, your use of the content received through the email service will be subject to these Terms.
- Entire agreement
We intend to rely upon the terms set out here. If you require any changes, please make sure you ask for these to be put in writing. In that way, we can avoid any problems surrounding what we and you are expected to do.
All notices shall be given to us either by post to our Premises or by email to email@example.com . Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
This Website and its contents are provided without any representations or warranties of any kind, either express or implied. We disclaim all representations and warranties, including by way of example but not limitation, as to fitness for a particular purpose, to the fullest extent permitted by applicable laws. In addition, we do not represent or warrant that the information and/or facilities accessible via this website are accurate, complete or current, or that this website will be free of defects, including, but not limited to, viruses or other harmful elements. The user of this website assumes all costs arising as a result of the use of this website.
- Governing Law
These Terms and any contracts made under them are governed by and shall be governed and construed in accordance with the laws of England and Wales whose courts shall be courts of exclusive competent jurisdiction. We make no representation that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Users who access this Website from locations outside the United Kingdom do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent that any local laws are applicable. Nothing in these Terms shall in any way be deemed to restrict or affect your statutory rights under English law.