These terms apply to your use our websites and apps. Please note that our websites and apps are intended to be used by those who live in the UK and who are 18 and over.
In these terms (and in addition to the definitions in sections below), the following words have the following meanings:
“Apps” means the mobile applications we may make available from time to time via Google Playstore, Apple iTunes or otherwise.
"Content" means all content on our Platforms, including all information, graphics, trademarks, logos, branding, designs, text, photos, films, sounds, software and applications; and
"Contribution(s)" means anything that you, or another user, post on or upload to the Platforms or send to us, including any photographs, video or audio clips, comments, posts or competition entries.
“Platforms” means the Sites and the Apps are collectively referred to in these terms as the “Platforms”.
“Sites” means our websites, www.comicrelief.com, www.rednoseday.com, www.sportrelief.com and any other site we may own or operate from time to time.
WHO ARE WE?
The Platforms are operated by Charity Projects (operating name Comic Relief) (“Comic Relief”, “we” or “us”). We are a charity registered in England & Wales with number 326568 and in Scotland with number SC039730, and a company limited by guarantee registered in England & Wales with number 1806414. Our registered office and place of business is at 89 Albert Embankment, London, SE1 7TP. If you’d like to get in touch with us, visit our Contact Page.
By using the Platforms you accept and agree to comply with these terms. Comic Relief may amend these terms at any time by updating the text of this page, so please check back regularly.
The Platforms are made available free of charge, and we do not guarantee that our Platforms, or any Content, will be secure, free from bugs or viruses, available or uninterrupted, or that the Content is accurate, complete or up to date. We may update and change our Platforms from time to time. We may suspend or withdraw or restrict the availability of all or any part of the Platforms for business and operational reasons.
The Content on our Platforms is provided for general information and entertainment only. It is not intended to be advice on which you should rely.
The Platforms and all the Content on them, including all intellectual property rights included in the Platforms and Content, is owned by Comic Relief (or our licensors and Content providers). All rights in the Content are reserved to their respective owners, unless expressly stated otherwise.
Any Contribution you send or post to the Platforms remains your property, but we may use your Contribution as described under "How Comic Relief will use your Contributions" below.
You may print, download and use Content, but only for your personal use or to share with others in order to raise awareness about Comic Relief. In doing so, you must acknowledge us (and/or any identified contributors) as the authors of the Content.
You must not:
use any Content for personal gain, for any commercial purpose, to advertise or sell any products or services, to promote a business, or in any way which damages our reputation, takes advantage of it, or suggests any form of association, approval or endorsement by us;
modify any Content you print or download in any way; use any illustrations, photographs, video or audio sequences or any graphics on our Platforms separately from any accompanying text;
use any Content or our Platforms in any way that breaches applicable law or regulation or for any illegal purpose;
frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) on our Platforms without our express written consent;
copy, transmit, store or distribute any part of our Platforms or any Content, unless we have expressly indicated that you may do so;
transmit any data, send or upload any material that contains viruses, Trojan horses, worms, spyware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
interfere with or attempt to gain unauthorised access to our Platforms, the servers on which our Platforms are stored or any server, computer or database connected to our Platforms; or
collect or use any personal details from our Platforms; or
and you will not encourage, assist or authorise any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Platforms, whether in whole or in part, or create any derivative works from or of the Platforms, unless explicitly permitted under applicable law.
You may use the Platforms as permitted by these terms. We may terminate your right to use any Platforms at any time, at our sole discretion.
You warrant that you will comply with the above provisions, and you will be liable to us and indemnify us for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
In addition, if you fail to comply with these provisions, your right to use our Platforms will end immediately and you will be required, at our option, to return or destroy any copies of the material you have made. We may report any such breach of these provisions to the relevant authorities. Any action that we take is without prejudice to any of our accrued rights.
TERMS SPECIFIC TO THE APP
In order to keep the Apps up-to-date, we may offer automatic or manual updates at any time and without notice to you. Continued use of the Apps may be conditional on installing updates from time to time.
Accuracy of our App
We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Apps.
Comic Relief does not endorse any Contribution, conduct or any opinion, statement, or advice expressed by users of our Platforms wherever it may appear. Comic Relief does not oversee, monitor or moderate any interactive service we provide on our Platforms. If you believe that any Contribution does not accord with the Contribution Rules (as defined below), please contact us. To the fullest extent permitted by law, Comic Relief expressly disclaims all liability in connection with any Contributions made by users of our Platforms wherever it may appear.
If you make use of a feature that allows you to upload content to our Platforms, or to make contact with Comic Relief, you must comply with the following (the “Contribution Rules”):
Contributions must comply with applicable laws and regulations;
You must be aged 18 or over, or have the permission of a parent or legal guardian;
You must have all the necessary rights to post or submit your Contributions and to grant us the rights described in “How Comic Relief will use your Contributions” below. This includes having the permission from everyone in a picture or video (for those aged under 18, permission must be from their parent or legal guardian); and
Contributions must not be defamatory, discriminatory, indecent or abusive, political, offensive, objectionable or otherwise inappropriate, and must not infringe any person’s intellectual property or privacy rights.
You warrant that any such Contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
In addition, if you fail to comply with these standards, or if Comic Relief in its sole discretion considers that any Contribution, conduct or use of our Platforms is inappropriate in any way, we reserve the right (without prior notice) to: (a) warn you via email and require you to discontinue such conduct or use; (b) delete any Contribution you have posted to the Platforms; and/or (c) take other measures, including terminating, suspending or restricting use of the Platforms, and/or reporting any breach of these standards to the relevant authorities.
Any Contributions you upload or make to our Platforms will be considered non-confidential and non-proprietary.
You should always give careful consideration before making public any personal information about yourself or anyone else (for example telephone number, home address or email address), especially anything that could identify anyone who is under 18 years old.
HOW COMIC RELIEF WILL USE YOUR CONTRIBUTIONS
When you upload or provide Contributions to our Platforms, you grant to us the following rights to use those Contributions:
A perpetual, royalty-free, worldwide, non-exclusive right to use, reproduce, edit, distribute, prepare derivative works of, display, and broadcast the Contributions in any media, for any purpose and to sub-licence any Contributions. You consent to the use of your first name and town in connection with the use of your Contribution, and the promotion of your Contribution on our Platforms;
You grant to other users of the Platforms and to third parties (being Comic Relief partners, broadcasters and suppliers) a perpetual, royalty-free, worldwide, non-exclusive right to use, display and broadcast the Contributions in connection with the use of the Platforms, and to promote the Platforms and Comic Relief, and in accordance with the functionality of the Platforms; and
You waive all ‘moral rights’ in the materials (‘moral rights’ are described in the Copyright, Designs and Patents Act 1988) to allow the above uses.
Comic Relief has the right to disclose your identity to any third party who is claiming that any Contributions you make constitute a violation of their intellectual property rights, or of their right to privacy, or otherwise as Comic Relief may deem to be appropriate.
If you do not wish to grant us these rights, please do not upload, send or otherwise provide your Contribution to our Platforms or to Comic Relief.
INTELLECTUAL PROPERTY CLAIMS
Comic Relief respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact us.
LIMITATION OF LIABILITY
You agree that you are solely responsible for your use of our Platforms, and that to the fullest extent permitted at law, Comic Relief, its officers, trustees, employees and agents do not make any representations and do not give any warranties, express or implied, concerning our Platforms and the Content. In particular, Comic Relief does not warrant or represent that the Platforms or the Content is virus-free.
THIRD PARTY WEBSITES
The Platforms may contain links to websites operated by parties other than Comic Relief. Such links are provided for your convenience only and should not be interpreted as approval by us of those linked websites or information on them. Comic Relief is not responsible for the content of any third party websites linked to or from the Platforms.
HEALTH AND SAFETY
You are responsible for organising, supervising or hosting your fundraising activity or for your participation in such activity (“Activity”).
You are responsible for ensuring that your Activity does not pose a danger to yourself or others. If you have a medical condition, have concerns as to the level of your fitness, or are unused to exercise, please consult your doctor before engaging in any Activity. If you experience any health issues while undertaking any Activity, please stop and consult with a medical professional immediately. Comic Relief is not responsible for any health problems that may result from any Activity. If you engage in any Activity, you agree that you do so at your own risk and that you are voluntarily participating in such Activity.
You agree to comply with all health and safety rules, guidance and protocols (including, without limitation, any protocols issued in relation to COVID-19 and/or by the UK Government) when participating in an Activity. You acknowledge that there is an element of risk of exposure to COVID-19 associated with any form of participation in an Activity involving individuals at relatively close proximity. You acknowledge that there remains a possibility that you may come into direct or indirect contact with COVID-19 and it is at your discretion to freely and willingly agree to participate in the Activity in this knowledge. In particular, your attention is drawn to the paragraph below.
Please be aware Comic Relief does not accept responsibility or liability for any loss or damage, or for any death or personal injury, arising out of any Activity including liability as a result of negligence (except death or personal injury caused by Comic Relief’s negligence).
GOVERNING LAW AND JURISDICTION
These terms shall be governed by and construed in accordance with the laws of England and Wales. You agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in the courts of Northern Ireland or English, and if you are resident of Scotland, you may also bring proceedings in the courts of Scotland or England.
DONATIONS AND SPONSORSHIP
If you wish to donate to Comic Relief or sponsor anyone raising money for Comic Relief, please note that your donation or sponsorship is non-refundable (except in specific limited circumstances). If you sponsor someone to do any activity for Comic Relief, your sponsorship is not conditional on the activity being completed.
GIVE WITH CONFIDENCE
DIRECT MARKETING ASSOCIATION (DMA)
Comic Relief is a member of the Direct Marketing Association (DMA), the body responsible for driving high standards in direct marketing through self-regulation.
As a member of the DMA, we agree to adhere to the Direct Marketing Code of Practice(opens in new window)(opens in new window). This commitment to the highest standards of marketing and best practice means that our advertising and marketing is responsible, reliable and respectful.
For more information about the DMA, please visit www.dma.org.uk(opens in new window)(opens in new window)
Comic Relief is registered with the Fundraising Regulator, and is committed to following its Fundraising Promise and Code of Fundraising Practice.
As a member, we adhere to the Fundraising Promise(opens in new window)(opens in new window), which commits us to the highest standards of fundraising good practice, ensuring that our fundraising is legal, open, honest and respectful.
We are committed to following the Code of Fundraising Practice(opens in new window)(opens in new window), which outlines the standards expected of all charitable fundraising organisations across the UK.
If you would like more information about the Fundraising Regulator, or wish to refer a fundraising complaint to them, please visit the website(opens in new window)(opens in new window).
Fundraising dos and don'ts
Thank you for fundraising for us – we’re so happy to have you on board. Before you start, there are a few things you need to know. As well as following our guidelines, please make sure you stay safe, legal and considerate while fundraising.
Your fundraising should be inclusive and should not cause offence or discriminate against any group. It is against Comic Relief's policy to accept offensive or discriminatory fundraising, such as 'slave auctioning' of people.
If you’d like to check if your activity is appropriate, or if you have any questions once you’ve read these dos and don’ts please get in touch.
Please make sure you check and follow the latest Covid-19 government guidelines for your area when planning your fundraising activity. Check again on the day, too, as the rules may change at short notice. Find out more at gov.uk/coronavirus(opens in new window)
To keep your fundraising Covid-safe, consider going cashless with a JustGiving page. Get started at comicrelief.com/justgiving
Please don’t go door to door collecting cash. Comic Relief isn’t authorised to fundraise in this way.
You’re responsible for organising your fundraising activity or event. Please make sure you follow any instructions or guidance given by Comic Relief.
Fundraisers who are under 18 must have permission from their parent or guardian and must be supervised by a responsible adult.
Under-18s should never approach strangers about fundraising.
Please make sure your fundraising materials (things like posters, leaflets and signs) include the line: ‘In aid of Red Nose Day, an initiative of Charity Projects, operating name of Comic Relief, registered charity 326568 (England/Wales); SC039730 (Scotland)’.
Your fundraising materials must not suggest that you represent us, only that you are fundraising in support of us.
If you’d like to use the Red Nose Day logo for fundraising, we can send you a high-res image and a few guidelines for using it – just get in touch
You’ll need a Fundraising Agreement with us if you’re:
raising money through a business,
receiving a reward for fundraising for us,
deducting any amount from donations to cover costs, or
splitting the money raised between Comic Relief and another charity/charities.
If you fall into any of those categories, contact us to arrange an agreement.
If you’ve signed a Fundraising Agreement so that you can use some of the money you raise to cover costs, you must make this clear to people before they donate or sponsor you. If you don’t have a Fundraising Agreement, you’ll need to cover any costs or expenses involved in your fundraising event or activity.
So that we can claim Gift Aid on donations (an extra 25% from the government), please send in your sponsorship forms after your event. For more information, take a look at our FAQs.
Please note: for Red Nose Day 2021, we’re advising against collecting money in a public place. This is to help keep our lovely fundraisers safe.
There are strict rules about running raffles, tombolas, sweepstakes and other lotteries. Find out more at at gamblingcommission.gov.uk(opens in new window) (England, Wales and Scotland) or nicva.org(opens in new window) (Northern Ireland).
If we collect any personal data from you – things like your name, email address and phone number – it will be handled under the applicable privacy laws. You can find out how we use and look after your data in our Privacy Notice.
We love to see what our wonderful fundraisers get up to for Red Nose Day, so do share your photos and videos on social media or by email. Sometimes we use them in our fundraising campaigns, but we always ask permission first, by sending a release form or some other paperwork. To find out more, get in touch.
It’s up to you to protect the health and safety of everyone taking part in or attending your fundraising activity.
You agree to comply with all health and safety rules, guidance and protocols (including, without limitation, any protocols issued in relation to Covid-19 and/or by the UK government).
Any risks around your fundraising activity are your responsibility, including liability for injury to yourself, your helpers or your guests.
You must comply with any applicable laws and regulations relating to your fundraising activity. This includes getting any necessary licences, consent or permissions for your event or activities, for instance, if you’re holding a raffle or selling alcohol.
Comic Relief’s insurance policy won’t cover your fundraising activity. You should always consider whether you need insurance cover for your fundraising activity. If necessary, carry out a risk assessment and make sure everyone taking part is fully briefed about the activity.
You will not do anything that threatens or negatively impacts Comic Relief’s reputation or name. If you do, without prejudice to Comic Relief’s other rights, Comic Relief has the right to ask you to stop your fundraising activity immediately.
As well as following our guidelines, please make sure you stay safe, legal and considerate while fundraising. Your fundraising should be inclusive and should not cause offence or discriminate against any group. If you’d like to check if your activity is appropriate, get in touch.
Tips for handling cash and staying safe
This year, to keep your fundraising Covid-safe, consider going cashless with a JustGiving page. Get started at comicrelief.com/justgiving
If you do decide to accept cash donations and sponsorship, our tips will help you stay safe.
If you’re collecting cash for Red Nose Day 2021, quarantine it for 72 hours before counting it. Wash your hands or use sanitiser before and after touching it too.
If you need to pay in at a bank or go to the post office, wear a mask (unless you’re exempt) and follow the latest social distancing rules.
If you’re ever challenged while handling cash, hand over the money without resistance and immediately report the incident to the police and then to Comic Relief.
Make sure that whatever container you use to collect money is covered and has a slot for putting the money in, so people can’t see the cash.
Please don’t shake the container you use for your collection.
Make sure all the money is pushed fully into the container and nothing is left sticking out.
Never leave cash unattended during fundraising.
Once you’ve quarantined and counted the cash, please pay it in as soon as possible.
While quarantining the cash, keep it in a secure place like a safe, a locked drawer or a locker.
We recommend that two unrelated people collect, count, transport and bank the cash, especially if it’s a large amount.
Donations and sponsorship
If you donate to Comic Relief or sponsor anyone raising money for Comic Relief through a giving page or ParentPay, we can’t offer any refunds. To find out more, get in touch.
If you wish to donate to Comic Relief or sponsor anyone raising money for Comic Relief in any other way, please note that your donation or sponsorship is also non-refundable (except in specific limited circumstances).
If you sponsor someone to do any activity for Comic Relief, you’ll still need to pay your sponsorship amount, even if they don’t complete the activity.
If you’re paying in a personal donation and tick the Gift Aid* box, the Government will give us 25% on top of your donation. It doesn’t cost you a penny and it means that every pound that you donate can go towards helping to transform people’s lives in the UK and across the world. The declaration can be used to collect Gift Aid on any donations you make in the future or have made in the past four years. If you’re over 18 years old and making a personal donation, please give your full name and home address and tick the box when requested or we can’t claim Gift Aid.
* You must be a UK taxpayer and understand that if you pay less Income Tax and/or Capital Gains Tax in the current tax year than the amount of Gift Aid claimed on all your donations it is your responsibility to pay any difference. Find out more about Gift Aid
Comic Relief is not an accounting, taxation or financial advisor, and you shouldn’t rely on information given on this site to determine the accounting, tax or financial consequences of making a donation to Comic Relief. Please consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.
ONLINE SHOP TERMS AND CONDITIONS
1. These terms
1.1 What these terms cover
These terms and conditions apply when we supply products to you, whether these are physical goods or digital content and other materials ordered through the site and donations added to any order. Please note that there are specific terms relating to the Red Noses (see bottom of this website).
1.2 Why you should read these terms
Please read these terms carefully before you submit your order to us. 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 89 Albert Embankment, London, SE1 7TP. 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 telephoning our supporter service team by emailing us at firstname.lastname@example.org(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 in your order.
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
3.1 How to order
To purchase products from us through the online shop, you need to complete the online ordering process. Your order is an offer to buy products on these terms.
3.2 How we will accept your order
Our acceptance of your order will take place when we email you to confirm we have accepted it, at which point a contract will come into existence between you and us.
3.3 If we cannot accept your order
If we are unable to accept your order, 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, of unexpected limits on our resources which we could not reasonably plan for, a credit reference we have obtained for you does not meet our minimum requirements, we have identified an error in the price or description of the product, or we are unable to meet a delivery deadline you have specified.
3.4 Your order number
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.5 We only sell to the UK
Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK as the high cost of delivery outside the UK currently makes such a service uneconomic. Please note that we cannot deliver to PO Boxes and BFPO orders will be sent to the BFPO Head Office in the UK.
4. Our products
4.1 Products may vary slightly from their pictures
The images of the 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 product may vary from that shown in 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 the product you have ordered, please contact us as soon as possible by emailing email@example.com(opens in new window)(opens in new window) and quoting your order number. 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 as a result 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 (see clause 8 - Your rights to end the contract).
6. Our rights to make changes
6.1 Minor changes to the products
We may change the product:
(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.
These changes will not affect your use of the product.
7. Providing the products
7.1 Delivery costs
The costs of delivery (including VAT) will be calculated and displayed at the checkout stage of your order. Parcels will be dispatched through Royal Mail, DHL, Whistl or DPD, dependent on their weight and value. All courier deliveries will require a signature on receipt.
7.2 When we will provide the products
(a) If the products are goods (for example, t-shirts), we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
(b) If the product is digital content, we will make the digital content available for download by you as soon as we accept your order.
7.3 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. 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 receive a refund for any products you have paid for but not received.
7.4 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.
7.5 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 10.2 will apply.
7.6 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
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
7.7 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 7.6, 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.
7.8 Ending the contract for late delivery
If you do choose to treat the contract as at an end for late delivery under clause 7.6 or clause 7.7, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods and not all of them (unless, in our reasonable opinion, splitting them up would significantly reduce their value). We will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must post them back to us. We will pay the costs of postage.
7.9 When you become responsible for the goods
A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
7.10 When you own goods
You own a product which is goods once we have received payment in full.
7.11 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 end the contract
8.1 You can always end your contract with us
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is 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;
(b) 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;
(c) If you have just changed your mind about the product, see clause 8.3.
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
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 we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
(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 7.8 – if this applies, we will refund you in full for the relevant products which have already been provided).
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013)
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms, for a summary, see clause 11.2.
8.4 When you don't have the right to change your mind
You do not have a right to change your mind in respect of:
(a) goods you have used and which are, therefore, not in a saleable condition;
(b) digital products after you have started to download or stream them;
(c) products sealed for health protection or hygiene purposes, once they have been unsealed after you receive them;
(d) sealed audio or sealed video recordings or sealed computer software, once they have been unsealed after you receive them; and
(e) any products which become mixed inseparably with other items after their delivery.
8.5 How long do I have to change my mind?
You have 14 days after the day you (or someone you nominate) receives the goods to change your mind about the goods. Where your goods are split into several deliveries over different days, for each product, you have 14 days after the day you (or someone you nominate) receives each delivery to change your mind.
8.6 Ending the contract where we are not at fault and there is no right to change your mind
Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. If you want to end a contract before it is completed where we are not at fault and you have changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract
To end the contract with us, please let us know by emailing us at firstname.lastname@example.org(opens in new window)(opens in new window). Please provide your name, home address, details of the order (including the order number) and, where available, your email address.
9.2 Returning products after ending the contract
If you end the contract for any reason after products have been dispatched to you or you have received them, you must post them back to us at Comic Relief Merchandise Returns, PO Box 504, Leicester, LE94 0AE. Please use the return label included with the delivery note. If you are exercising your right to change your mind you must send the goods to us within 14 days of telling us that you wish to end the contract.
9.3 When we will pay the costs of return
We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 Replacement Orders
Dependent on time constraints and stock availability, we will endeavour to replace any returned item within 3-5 working days.
9.5 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.
9.6 Deductions from refunds if you are exercising your right to change your mind
If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) 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 as requested by us.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
9.7 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:
(a) if the products are goods, your refund will be made within 14 days from 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 9.2); and
(b) in all other cases (e.g. for services or digital content), 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 break it
We may end the contract for a product at any time in writing to you if:
(a) 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; or
(b) you do not, within a reasonable time, allow us to deliver the products to you.
10.2 You must compensate us if you breach the contract
If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaching the contract.
10.3 We may withdraw the product
We may write to you to let you know that we are going to stop providing the product. We will let you know as soon as possible in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided
11. If there is a problem with the product
11.1 How to tell us about problems
If you have any questions or complaints about the product, please contact us. You can send an email to email@example.com(opens in new window)(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 03454 04 05 06. You should not rely on information given in this summary as legal advice.
If your product is goods, for example, a t-shirt, the Consumer Rights Act 2015 says goods 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 goods are faulty, then you can get an immediate refund;
b) up to six months: if your goods 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 goods do 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.
11.3 Your obligation to return rejected products
If you wish to exercise your legal rights to reject products (in accordance with clause 11) you must post them back to us. We will pay the costs of postage or collection. Please post them to Comic Relief Merchandise Returns, PO Box 504, Leicester, LE94 0AE. Please use the return label included with the delivery note.
12. Price and payment
12.1 Where to find the price for the product
The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of a product you order.
12.2 We will pass on changes in the rate of VAT
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong?
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order. Where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we 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 end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay
We accept payment with all major credit and debit cards except Electron. Shopify Pay will process your payment on our behalf. Unfortunately, we cannot accept payment by cash, cheque or postal order for orders placed through the online shop. When you must pay depends on what product you are buying:
(a) for goods, you must pay for the products before we dispatch them, but we will not charge your credit or debit card until we dispatch the products to you; and
(b) for digital content, you must pay for the products before you download them.
12.5 What to do if you think an invoice is wrong
If you think an invoice is wrong, please contact us promptly to let us know by emailing firstname.lastname@example.org(opens in new window)(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
14.1 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, 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.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee)
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 chase 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.
RED NOSES FOR SCHOOLS TERMS AND CONDITIONS
1. Red Noses (“Noses”) cost £1.50 each and are sold in boxes of 40 through the Red Noses for Schools scheme. On placing your order you can either pay the sale price of £60 per box in full or pay a deposit of £20 per box (50p per Nose) with the balance of £40 per box (£1 per Nose) to be paid as soon as possible after Red Nose Day and by 18 June 2021 at the latest. You must also pay postage and packaging (P&P). If you fail to pay, we reserve our rights and you may be prevented from participating in the Red Noses for Schools scheme in the future.
2. We regret we are unable to refund or take back unsold Noses.
3. Noses must be sold for £1.50 each. Any money paid over £1.50 should be treated as a donation and sent to Comic Relief as soon as possible after Red Nose Day.
4. Each person selling Noses under the Red Nose for Schools scheme does so as an unpaid agent of Comic Relief Limited (a wholly owned subsidiary of Comic Relief).
5. Please dispose of any unsold Noses so they cannot be reused. Noses can be recycled at dedicated collection points in Sainsbury’s Supermarkets.
6. On all materials publicising sales of Noses you must state: “At least 75p from the sale of each Red Nose goes to Comic Relief, operating name of Charity Projects, registered charity 326568 (England/Wales); SC039730 (Scotland).”
7. Noses ordered before January 2021 should be delivered by the end of January, unless otherwise advised. For orders placed after January 2021 please allow 10 working days for delivery. Red Noses for Schools closes on Friday 12th March 2021. Order forms received after this date will not be processed and your cheque will not be cashed.
8. WARNING! Not suitable for children under 3 years of age due to small parts - choking hazard.
9. P&P includes VAT at the current rate as set out on the order form. A VAT invoice for P&P is available on request.
10. Orders are subject to availability.
11. Noses are sold by Comic Relief Limited (registered company number 01967154, VAT number 773865187), a wholly owned subsidiary of Comic Relief, operating name of Charity Projects, whose registered office is at 89 Albert Embankment, London, SE1 7TP.
12. These terms constitute the entire agreement between you and Comic Relief Limited and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.