1.1 This document (together with any documents referred to in it) tells you the terms and conditions (the ‘Conditions’) upon which we will supply the Services to you. You may print a copy for future reference.
1.2 ‘Business Day’ means a day other than a Saturday, Sunday or public holiday when banks in London are open for business.
1.3 ‘Event Outside Our Control’ has the meaning given in clause 11.
1.4 ‘Services’ means the services listed on the Website which we may supply.
1.5 Before confirming your order please read through these Conditions and in particular our cancellations and returns policy at clause 8 and limitation of our liability and your indemnity at clause 10.
1.6 By ordering any of the Services, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions.
2 About us
2.1 We, BURYFIELD – CHESHAMS FESTIVAL OF MUSIC AND COMEDY LIMITED (trading as BURYFields), own and operate this Website. We’re a limited company registered in England and Wales under company number: 08383258. Our registered office is at 57 Broad Street, Chesham, Buckinghamshire, HP5 3EA. Our VAT Number is 123456789.
2.2 Our telephone number is 01494 776882.
2.3 Our email address is email@example.com.
3 Eligibility to purchase from the Website
To be eligible to purchase the Services and lawfully enter into and form a contract with us, you must be 18 years of age or over.
4.1 The prices of the Services are quoted on the order page.
4.2 Prices and any other charges quoted on the order page are based on performance of the Services in the United Kingdom unless otherwise specified.
4.3 Unless otherwise stated, the prices quoted include VAT.
5.1 Payment can be made by any major prepay, credit or debit card.
5.2 By placing an order, you consent to payment being charged to your prepay/debit/credit card account as provided on the order form.
5.3 You must pay 100 percent of the price of the Services in advance. If you pay us by credit or debit card we will take payment from your card in advance for the advance payment. We will take payment for the balance when we have sent you an invoice for the Services after we have performed the Services.
5.4 Where applicable, you must pay the amount of our invoice upon receipt.
5.5 We shall contact you should any problems occur with the authorisation of your card.
6 Order process and formation of a contract
6.1 All orders are subject to acceptance and availability. If we are unable to supply you with the Services in your order due to matters such as unavailability of tickets or because we have identified a mistake in the description of the Services or the price stated by us, we will notify you. We will not proceed with the order and will refund any sums you have paid us.
6.2 Any order placed by you for the Services constitutes an offer to purchase them from us.
6.3 You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Services.
6.4 A ‘Confirmation Notice’ means an email which we send to you to confirm that we shall be providing the requested Services. A Confirmation Notice will be our acceptance of the offer made in the order to which that Confirmation Notice relates.
6.5 A contract between you and us for the supply of the Services (the ‘Contract’) incorporating the version of these Conditions in force at the time of your order will come into existence when we send you the Confirmation Notice relating to your order. You may print and keep a copy of the Confirmation Notice for future reference.
6.6 If you think that there is a mistake in the Confirmation Notice or if you wish to make any changes, please contact us to discuss this. If you request a change, we will tell you if that is possible and about any changes to the price, delivery or performance dates or any other changes that we need to make as a result of your request. We will ask you if you wish to go ahead with the change.
6.7 We may make
6.7.1 changes to these Conditions as a result of changes in any relevant laws and regulatory requirements,
6.7.2 changes to these Conditions as a result of changes in how we accept payment from you,
6.7.3 changes in the amount payable by you to the extent of any changes in the VAT included in the price or payable in relation to the price.
6.8 Any variation to these Conditions which have been incorporated into the Contract or to the Contract other than those mentioned in clause 6.7 shall only be binding when agreed in writing and signed by you and us.
7 Performance of Services
7.1 The Services will be performed at the address or by the means specified by us when we accept the order.
7.2 In the event that an Event Outside Our Control prevents us from performing the Services within a reasonable time from the date we accept the order, clause 11 will apply.
8 Returns & cancellations
8.1 All ticket sales are binding and non-refundable.
8.2 Once tickets have been received they are the sole responsibility of the buyer and cannot be replaced or refunded if lost, damaged or stolen.
8.3 In the event that we are unable to perform the Services on the advertised date or at the advertised venue, we reserve the right to provide alternatives.
8.4 You are at liberty to resell unwanted tickets to third parties.
8.5 A valid ticket must be produced to gain entry to an event.
8.6 At child friendly events
8.6.1 Under 12’s must be accompanied by an adult and no more than two children per adult.
8.6.2 You remain responsible for your children at all times while on the festival site.
8.7 The organisers reserve the right to make changes to any advertised schedules.
8.8 The organisers accept no responsibility for loss or damage to your possessions whilst at BURYFields events.
8.9 Whilst outdoor events are largely undercover, please bring suitable protection against adverse weather.
8.10 No alcohol may be brought in to BURYFields events. Drinks will be available from our onsite licensed bar(s).
8.11 Bag checks will be carried out by security each time you enter a BURYFields event.
8.12 The organisers reserve the right to refuse admission.
8.13 Anti-social behaviour will not be tolerated and you may be asked to leave
If you have a comment, concern or complaint about any Services you have purchased from us, please contact us by telephone on 01494 776882, by email at firstname.lastname@example.org or by post at Longlands, Rushmere Lane, Orchard Leigh, Chesham, Buckinghamshire, HP5 3QY.
10 Liability and indemnity
We have a duty to supply Services to you that conform to the Contract including a duty to ensure that
10.1 the Services are carried out with reasonable care and skill
10.2 We cannot exclude our liability for a failure to comply with these duties mentioned in this sub-clause. Nothing in these Conditions affects your legal rights if these duties are not complied with. You can obtain advice about your legal rights from Citizens Advice if you need to.
10.3 We cannot exclude or limit our responsibility to you for:
10.3.1 Death or personal injury resulting from our negligence or the negligence of our employees
10.3.2 Fraud or fraudulent misrepresentation
10.3.3 A claim for a defective product against us if we do not give you the name of the person who supplied the product to us within a reasonable time of your request for us to do so.
10.4 We are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Contract or as a result of our failure to act with reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We are not responsible for unforeseeable losses.
10.5 You are purchasing the Services as a consumer. If you purchase the Services for any business purpose including for re-sale, we will not be liable for any business losses, loss of profits, loss of contracts, loss of business opportunities, loss of management time, loss of business data or losses due to interruption of your business.
11 Events outside our control
11.1 Except for our obligations under this clause, we shall not be responsible for delays or failures in delivery or performance of our obligations to you resulting from any act, event, omission, failure or accident outside our reasonable control (‘Event Outside Our Control’).
11.2 We will take all reasonable steps to minimise a delay in performing our obligations to you which arises from an Event Outside Our Control.
11.3 We will promptly notify you of any Event Outside Our Control which prevents us from or delays us in performing our obligations to you, giving details of it and (where possible) the extent and likely duration of any delay.
11.4 Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues.
12 Use of personal data
13 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
14 Other important terms
14.1 We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
14.2 Every effort is made to keep information regarding ticket availability on the Website up to date. However, we do not guarantee that this is the case, or that tickets will always be available.
14.3 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
14.4 All Contracts are concluded in English only.
14.5 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
14.6 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15 Governing law
These Conditions and the Contract are governed by the laws of England and Wales. However, if you live outside England and Wales but within the EU, you are always entitled to any compulsory consumer protections applicable in the country where you live.
16 Governing jurisdiction
You can bring legal proceedings in respect of the Services in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the Services in either the courts of Scotland or England and Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the courts of Northern Ireland or England and Wales. If you live in another country in the EU, you can bring legal proceedings in respect of the Services in either the courts of your home country or England and Wales.