Adopt a Red Nose Terms and Conditions

1. THESE TERMS

1.1 WHAT THESE TERMS COVER

These terms and conditions apply when we supply products to you related to your subscription of the Adopt a Red Nose product, whether these are physical goods or digital content, and other materials provided to you connected to the subscription and any increase of donations added to any order. This product is a monthly payment-based subscription. By signing up, you are agreeing to make a recurring monthly payment to us in return for the Adopt a Red Nose product, which includes physical goods should you opt in to receive them along with supporting digital content.

1.2 WHY YOU SHOULD READ THESE TERMS

Please read these terms carefully before you sign up to the Adopt a Red Nose subscription. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and give you other important information. If you have any concerns about these terms, please contact us to discuss.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 WHO WE ARE

We are Comic Relief Limited, a company registered in England and Wales. Our company registration number is 01967154 and our registered office is at 6th Floor, The White Chapel Building, 10 Whitechapel High Street, London, E1 8QS. Our registered VAT number is 773865187. We are wholly owned by Charity Projects, also known as Comic Relief, a charity registered in England & Wales with charity number 326568 and in Scotland with charity number SC039730 and a company limited by guarantee registered in England & Wales with number 1806414.

2.2 HOW TO CONTACT US

You can contact us by emailing us at info@comicrelief.com(opens in new window)(opens in new window).

2.3 HOW WE MAY CONTACT YOU

If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us when you sign up to Adopt a Red Nose.

2.4 "WRITING" INCLUDES EMAILS

When we use the words "writing" or "written" in these terms, this includes by email.

3. OUR CONTRACT WITH YOU

To subscribe to Adopt a Red Nose you need to complete the online sign-up process.

3.2 HOW WE WILL ACCEPT YOUR SUBSCRIPTION

Our acceptance of your subscription will take place when we send you a confirmation email, at which point a contract will come into existence between you and us.

3.3 IF WE CANNOT ACCEPT YOUR SUBSCRIPTION

If we are unable to accept your subscription for any reason, we will inform you of this in writing and will not charge you for the product. This might be because: the product is out of stock; unexpected limits on our resources; a credit reference we have obtained for you does not meet our minimum requirements; we have identified an error in the description of the product; or we are unable to meet a delivery deadline you have specified.

3.4 IF WE ACCEPT YOUR SUBSCRIPTION

(a) If we accept your subscription, we will send you a confirmation email.

(b) You will continue to pay us each month in the amount confirmed when you signed up for the subscription, unless (i) we agree something different with you, (ii) we need to charge additional VAT (see clause 12.2 below), (ii) you cancel your subscription or (iii) we cancel this contract.

(c) Unless (i) you cancel your subscription or (ii) we cancel this contract, you will receive physical goods approximately once every 3 months for a period of 12 months from the date on which you originally subscribe, after which you will no longer receive any physical goods. You will continue to receive digital content approximately once every three months until either you cancel your subscription or we cancel this contract.

(c) Only one plushie toy is included per Adopt a Red Nose subscription. Additional toys may be available for purchase via the Comic Relief Shop, subject to availability.

4. OUR PRODUCTS

4.1 PRODUCT MAY VARY SLIGHTLY FROM THEIR PICTURES

The images of the Adopt a Red Nose products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2 PRODUCT PACKAGING MAY VARY

The packaging of the products may vary from that shown in any images on our website.

4.3 NO RE-SALES

You are not permitted to sell on any products from our website in any way or to make a profit from the products in any way.

5. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to your subscription, please contact us as soon as possible by emailing info@comicrelief.com(opens in new window). We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary because of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract in accordance with clause 8.

6. OUR RIGHTS TO MAKE CHANGES

We may change the product (including the physical goods and digital content we send to you):

(a) to reflect changes in relevant laws and regulatory requirements; or

(b) to implement minor technical adjustments and improvements, for example to address a security threat.

7. PROVIDING THE PRODUCTS

7.1 WE ARE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL

If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay, if possible. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and may receive a refund for any products you have paid for but not received.

7.2 IF YOU ARE NOT AT HOME WHEN THE PRODUCT IS DELIVERED

If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.3 IF YOU DO NOT RE-ARRANGE DELIVERY

If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract and clause 10.1 will apply.

7.4 YOUR LEGAL RIGHTS IF WE DELIVER GOODS LATE

You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods, then you may treat the contract as at an end straight away if any of the following apply:

(a) we have refused to deliver the goods;

(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

7.5 SETTING A NEW DEADLINE FOR DELIVERY

If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.4, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

7.6 ENDING THE CONTRACT FOR LATE DELIVERY

If you do choose to treat the contract as at an end for late delivery under clause 7.4 or clause 7.5, you can cancel your subscription or reject goods that have been delivered. We will refund any sums you have paid to us for the cancelled goods and their delivery.

7.7 WHEN YOU BECOME RESPONSIBLE FOR THE GOODS

A product which is a good will be your responsibility from the time we deliver the product to the address you gave us.

7.8 WHEN YOU OWN GOODS

You own a product which is a good once we have received payment in full.

7.9 REASONS WE MAY SUSPEND THE SUPPLY OF PRODUCTS TO YOU

We may have to suspend the supply of a product to:

(a) deal with technical problems or make minor technical changes; or

(b) make changes to the product as requested by you or as required by us (see clause 6).

8. YOUR RIGHTS TO CANCEL THE SUBSCRIPTION AND END THE CONTRACT

8.1 YOU CAN CANCEL AT ANY TIME

(a) You may cancel your subscription and end this contract at any time by emailing us at info@comicrelief.com(opens in new window). Please provide your name, home address, details of the order and your email address.

(b) If you choose to cancel the subscription, we will stop taking payments from you and will stop sending you any physical goods or digital content from [the date on which we receive your request to cancel].

(c) If the products you have received are faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11.

(d) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2.

(e) If you have just changed your mind about the product, see clause 8.3.

8.2 ENDING THE CONTRACT BECAUSE OF SOMETHING WE HAVE DONE OR ARE GOING TO DO

If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the product that you do not agree to;

(b) we have told you about an error in the monthly payment or description of the product you have ordered, and you do not wish to proceed;

(d) you have a legal right to end the contract because of something we have done wrong, including because we have delivered late (see clause 7.6).

8.3 EXERCISING YOUR RIGHT TO CHANGE YOUR MIND (CONSUMER CONTRACTS REGULATIONS 2013)

You have the right to change your mind about your subscription within 14 days of signing up. If you exercise this right, we will provide you with a full refund of any amounts you have paid at that time. If you want to exercise this right, please email us at info@comicrelief.com(opens in new window).

Other rights you may have under the Consumer Contracts Regulations 2013, are explained in more detail in these terms, for a summary, see clause 11.2.

9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

9.1 FAULTY ITEMS

If the products or content you have received are faulty or misdescribed, please let us know by emailing info@comicrelief.com(opens in new window). Please include a full description of the problem with your email, including a photograph or screenshot if possible.

9.2 REPLACEMENT ORDERS

Dependent on time constraints and stock availability, we will endeavour to replace any faulty or misdescribed item within 5 working days, if requested. If stock is not available for the requested replacement, we will refund you instead.

9.3 HOW WE WILL REFUND YOU

We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

We regret that any additional donations made through the ordering process are not refundable.

9.4 WHEN YOUR REFUND WILL BE MADE

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind in accordance with clause 8.3, your refund will be made within 14 days of your telling us you have changed your mind.

10. OUR RIGHTS TO END THE CONTRACT

10.1 WE MAY END THE CONTRACT IF YOU BREACH IT

We may end the contract at any time in writing if you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due.

10.2 WE MAY WITHDRAW THE ADOPT A RED NOSE PRODUCT

We may write to you to let you know that we are going to stop providing the Adopt a Red Nose product. We will let you know as soon as possible in advance of our stopping the supply of the product.

11. IF THERE IS A PROBLEM

11.1 HOW TO TELL US ABOUT PROBLEMS

If you have any questions or complaints, please contact us. You can send an email to info@comicrelief.com(opens in new window).

11.2 SUMMARY OF YOUR LEGAL RIGHTS

We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to a product. Nothing in these terms will affect your legal rights.

SUMMARY OF YOUR KEY LEGAL RIGHTS

This is a summary of your key legal rights. These are subject to certain exceptions. See also clause 8.3 (Exercising your right to change your mind). For detailed information, please visit the Citizens Advice website www.adviceguide.org.uk or call 0800 144 8848. You should not rely on information given in this summary as legal advice.

If your product is a good, for example, the plushie toy or an activity pack, the Consumer Rights Act 2015 says the good must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) up to 30 days: if your good is faulty, then you can get an immediate refund;

b) up to six months: if your good can't be repaired or replaced, then you're entitled to a full refund, in most cases; and

c) up to six years: if your good does not last a reasonable length of time, you may be entitled to some money back.

If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

a) if your digital content is faulty, you're entitled to a repair or a replacement;

b) if the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back; and

c) if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.

12. PRICE AND PAYMENT

12.1 WHERE TO FIND THE PRICE FOR THE PRODUCT

The price of the subscription (which includes VAT) will be the price you select when you sign up to the product. We take all reasonable care to ensure that the price of the product advised to you is correct.

12.2 WE WILL PASS ON CHANGES IN THE RATE OF VAT

If the rate of VAT changes after you have subscribed, we reserve the right to increase your monthly payment to reflect the amount of VAT that we need to charge. We will notify you as soon as possible of any adjustment that we need to make and when this would be implemented. If you do not agree to the adjustment, you can cancel the subscription at any time.

12.3 WHEN YOU MUST PAY AND HOW YOU MUST PAY

Payments will be taken by monthly direct debit.

12.4 WHAT TO DO IF YOU THINK A PAYMENT IS WRONG

If you think a payment is wrong, please contact us promptly to let us know by emailing info@comicrelief.com(opens in new window).

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1 WE ARE RESPONSIBLE TO YOU FOR FORESEEABLE LOSS AND DAMAGE CAUSED BY US

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is reasonably obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

13.2 WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL

We do not exclude or limit in any way our liability to you where it would be unlawful to do so, including liability for (i) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; (ii) fraud or fraudulent misrepresentation; (iii) breach of your legal rights in relation to the products as summarised at clause 11.2; and (iv) defective products under the Consumer Protection Act 1987.

13.3 LIABILITY FOR DIGITAL CONTENT

If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused directly by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

13.4 WE ARE NOT LIABLE FOR BUSINESS LOSSES

We only supply the products for domestic and private use. The products available on this site are sold to raise money for Comic Relief and are not intended for commercial re-sale. Charity fundraising laws prohibit businesses from reselling the products to the general public without the permission of Comic Relief. If you use the products for any commercial, business or re-sale purpose without our permission in writing, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information to facilitate delivery of items to you or as otherwise permitted by law. For these purposes, your name (and, if you have elected to provide this, the name of the child receiving the physical goods), address, email address and phone number will be provided to our delivery company. Apart from this, your personal information will only be used as set out in our Privacy Notice.

15. OTHER IMPORTANT TERMS

15.1 WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will tell you if this happens (including by updating this website) and we will ensure that the transfer will not affect your rights under the contract.

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 NOBODY ELSE HAS ANY RIGHTS UNDER THIS CONTRACT

This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

15.4 IF A COURT FINDS PART OF THIS CONTRACT UNLAWFUL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaching this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you fail to make a payment and we do not follow up with you, but we provide the products, we can still require you to make the payment at a later date.

15.6 WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These terms are governed by the laws of England & Wales and you can bring legal proceedings in respect of the products in the English & Welsh courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.