Website Usage Policy

Your use of our website is governed by our website usage policy, which is outlined below.

About our terms
1. Access to this website is provided to you by 325th Birmingham, 1st Billesley Scout Group (the Group), subject to these terms and conditions.
2. These terms apply to your use of the website and take effect from your first use of the website and thereafter.
3. You must agree to be bound by all the terms provided.
4. If you do not agree to be bound by all the terms provided, the Group does not permit you to access, use, or contribute to the website.
5. The Group may change these terms from time to time, and you should check them on a regular basis.
6. Your continued use of the website will be deemed to signify your acceptance of these and any updated or amended terms.
7. If you do not agree to any changes to the terms, you should cease using the website, as per paragraph 1.4.
8. If there is any conflict between these terms and specific local terms appearing anywhere else on the website, then the latter shall prevail in relation to the matter to which it specifically relates.
Use of the website
1. You agree to use the website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website.
2. You agree not to engage in any prohibited behaviour, including harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the website.
3. You agree to use the website and all facilities that it provides in accordance with our community rules.
Terms and Conditions of Sale
1. Where you place an order for goods, you confirm that you have read and accepted these terms and conditions in their entirety. If you do not wish to accept these terms and conditions, you should not place an order.
2. You acknowledge that you have not relied on any statement, promise or representation made or given by us or on our behalf which is not set out in the Contract of Sale. Nothing in this condition shall exclude or limit our liability for fraudulent misrepresentation.
3. Our terms and conditions of sale shall apply to any sale of goods through the Group, whether through our website or in person, and any variation to these terms and conditions and any representations about any goods shall have no effect unless expressly agreed in writing and signed by a member of the Group Management Team.
4. Any order for goods by you to us shall be deemed to be an offer by you to buy goods subject to these terms and conditions.
5. Any quotation is given on the basis that no Contract shall come into existence until confirm acceptance of order to you. We will hold the quotation for you for a period of 14 days from its date, provided that we have not previously withdrawn it.
6. In the case of special orders, we may accept an order for certain bespoke or individualised items. You should be aware that in these cases, additional terms and conditions will apply. We will not create a contract until you have been advised of these.
7. Description and specification
  1. The quantity and the description of the goods shall be as set out in the quotation or order acknowledgement. Where we do not have the goods ordered in stock, you will be advised, and the items will be sent to you as soon as they are available. Where items are no longer available, we retain the right to send you alternative items of equivalent quality and value and, if you do not notify the Group within 14 days from the day after you receive the goods that the alternative goods are not acceptable, the alternative goods shall be or form part of the goods for the purposes of the contract.
  2. All samples, drawings, descriptive text, specification details and advertising on our shop’s storefront are only provided for the purpose of giving an approximate idea of the goods described in them.
  3. In the case of special offers, you shall:
    1. Ensure that all requirements are specified fully, correctly and clearly; and
    2. Provide us with such consents and confirmation regarding the use of any text, logos or designs as we may request; and
    3. Accept all responsibility for any errors or omissions with your specifications.
8. Delivery
  1. Unless otherwise agreed with us, we will not arrange to deliver the goods to any address, and all goods may only be collected from the regular meeting place.
  2. Goods will normally be available for collection on the Tuesday following 5 working days after an order is placed. Additional timescales may apply to special orders.
  3. Goods may be made available for collection in separate instalments. Each instalment shall be a separate contract and no cancellation of any one contract relating to an instalment shall entitle you to dispute or cancel any other contract or instalment.
9. Risk and Title
  1. Ownership of the Goods shall not pass to you until we have received, via cleared funds as payment from you, all sums due to it in respect of:
    1. The goods; and
    2. All other sums which are or which will become due to us from you on any account.
10. Price
  1. Unless otherwise agreed in writing, such as in a special order or bespoke quotation, the price for the goods shall be the price set out on our website on the date on which the order is placed. These prices will always supersede any prices shown on printed price lists.
11. Payment
  1. Payment is only accepted in pounds sterling and is due at the time the order is placed. We will be unable to fulfil any order until funds are cleared.
  2. You shall make all payments due under the contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by us to you.
12. Quality and Returns
  1. Under the Consumer Contract Regulations 2013, if you are a consumer, you have the right to cancel your order at any time within 14 days from the day after the goods are delivered. Cancellation must be made in writing. This can be done by letter sent to the Group’s address. You will be refunded within 14 days of our receipt of your goods.
  2. If you are not completely satisfied with your purchase, including where you have ordered a garment which is the wrong size, we will be happy to exchange it or to refund the price, excluding delivery charges. You should return the item to us, unused and in its original packaging, and ensure that the item is returned to us within 28 days from the day after you receive the goods. We will not be able to accept returns for special orders, bespoke or made-to-order items.
  3. Nothing in section 12 of this policy will affect your statutory rights, including your rights under the Consumer Contract Regulations 2013 or the Consumer Rights Act 2015 where the buyer is a consumer.
  4. Should you have any questions or complaints about any items you have purchased, please contact us as soon as possible using the contact details at the bottom of this page.
13. Limitation of Liability
  1. Subject to sections 8 and 12, the following provisions set out the entire financial liability of the Group (including any liability for the acts or omissions of its volunteers, agents or sub-contractors) to you in respect of:
    1. Any breach of these conditions;
    2. Any use made or resale by you of any of the goods or of any product incorporating the goods; and
    3. Any representation, statement, or tortious act or omission including negligence arising under or in connection with the contract.
    4. All warranties, conditions and other terms implied by statute or common law, save for the conditions implied in the Consumer Rights Act 2015, are, to the fullest extent permitted by law, excluded from the contract. Nothing in these terms excludes or limits our liability:
      1. For death or personal injury caused by our negligence; or
      2. Where it would be illegal for us to exclude or limit our liability or attempt to do so under the Consumer Contract Regulations 2013.
14. Assignment
  1. We may assign the contract or any part of it to any person, firm or company.
  2. You shall not be entitled to assign the contract or any part of it without the prior written consent of the Group.
15. Force Majeure
  1. We reserve the right to defer the date of delivery or to cancel the contract or reduce the volume of goods ordered by you, without liability to you, if we are prevented from or delayed in the carrying out of our business due to circumstances beyond our reasonable control.
16. Special Orders
  1. We are unable to accept returns for any special order items which include made-to-order or bespoke items where the products are created based on your specifications and therefore prevent any resale. We ask that the information you supply to us is accurate before it is submitted to us. For orders that are subject to quotations, any amendments or adjustments may incur further timescales or costs which will be confirmed with you prior to us confirming the order with you. Once an order is confirmed and once we have instructed our vendors to start work you will be unable to cancel or make amendments to the order.
17. General
  1. The rights and remedies in the Terms and Conditions of Sale are severable. If any provision of section 3 of these terms are held to be unenforceable by any competent authority in whole or in part, the validity of the other provisions and the remainder of the provision in question shall not be affected.
  2. Any waiver by us or any breach or any default under any provision of the contract by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the contract.
  3. The parties to the contract do not intend that any term of the contract shall be enforceable by virtue of the Contracts (Consumer Rights Act 2015) by any person that is not a party to it.
  4. The formation, existence, construction, performance, validity and all aspects of the contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
  5. We may change these terms and conditions from time to time. We recommend that you review our terms and conditions on a regular basis.
  6. We will use every reasonable endeavour to verify the accuracy of the information posted on this website, but we cannot guarantee its completeness or accuracy.
  7. Every effort is made to ensure that the colours depicted on this website match, as closely as possible, to the actual colours on the products. Due to technical limitations, some colours may vary.
Community rules
1. Your contributions
  1. Contributions must be civil, tasteful and patient. Contributors are reminded that users of all ages and abilities may be taking part in the relevant website community activities.
  2. Contributions must not be disruptive, offensive or abusive. Contributors are reminded that contributions should be constructive and polite, must not be mean-spirited and. must not be contributed with the intention of causing trouble.
  3. Contributions must not be unlawful, objectionable, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable. Contributors are reminded that any such material is not acceptable on our website.
  4. Contributions must not be repetitive, contain spam, unwanted commercial content, or be off-topic. Contributors are reminded that any such content is not acceptable on our website.
  5. Contributions must not contain advertising or promotions of a business or commercial nature. Contributors who wish to promote their business, trade or wares are reminded that there are appropriate ways to do so through contacting the Group’s management team.
  6. Contributions must not be an impersonation of another or purport to be contributed by another individual or organisation.
  7. Contributions must not use inappropriate, vulgar or otherwise offensive user names.
  8. Contributions must not deliberately use any complaints facilities offered through the website.
2. Safety
  1. You should never reveal any personal information – including telephone numbers, home addresses, email addresses or anything else that would enable an individual to be personally identified – about yourself or anyone else in any website community. Doing so may lead to your prosecution under data protection legislation.
3. Legal requirements
  1. You must not submit or share any defamatory or illegal material of any nature in any area of the website, including text, graphics, video, audio, or programs.
  2. You must not contribute material to any website community with the intention of committing or promoting an illegal act.
  3. You must not violate, plagiarise or infringe the rights of 325th Birmingham, 1st Billesley Scout Group, The Scout Association, or any other third parties, including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.
  4. You must only submit or share contributions which are your own original work.
4. Young people
  1. If you are under 16 years of age, you must also follow the rules in this section.
  2. You must get permission from an adult with parental responsibility for you before taking part in any website community.
  3. You must never reveal any personal information about yourself or anyone else – including school, telephone number, full name, home address or email address.
5. Breaching the terms of use or community rules
  1. If you breach the terms of use or community rules, you may be sent a warning email that explains why your contribution has been refused, edited or deleted. You may also be given a warning that further breaches may result in action being taken against you, including:
    1. Moderating your posts, so that any content you contribute is checked before being published.
    2. Temporarily or permanently suspending your ability to participate in community features or contribute content.
  2. If you submit or share offensive or inappropriate content with any website community or contributor area, and the Group considers such behaviour to be serious and/or repetitive, the Group may use whatever information that is available to it about you to stop any further infringements. This may include informing relevant third parties, such as your parents, your employer, your Scouting line manager, your school or your email provider about the infringements.
  3. The Group reserves the right to delete any contribution, at any time, for any reason.
Intellectual property
1. All copyright, trade marks, design rights, patents and other intellectual property rights, either registered or unregistered, in and on the website and all content, including applications, located on this website shall remain vested in the Group, The Scout Association or its licences, which may include other users.
2. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use website content in any way except for your own personal, non-commercial use.
3. The names, images and logos identifying The Scout Association or its subsidiaries, third parties and their products are subject to copyright, design rights and trade marks of the relevant owner. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of any individual or organisation.
Your contributions to the website
1. By sharing any contribution (including any text, photographs, graphics, video or audio) with the Group you agree to grant to the Group, free of charge, permission to use the material in any way it wants (including modifying and adapting it for operational and editorial reasons) for the Group’s services in any media worldwide (including on the Group’s site accessed by international users). In certain circumstances, the Group may also share your contribution with trusted third parties.
2. Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it.
3. In order that the Group can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any UK laws, that you have the right to give the Group permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent/carer if they are under 16.
4. The Group will normally show your name with your contribution, unless you request otherwise, but for operational reasons this is not always possible. The Group may need to contact you for administrative or verification purposes in relation to your contribution, or in relation to particular projects.
5. You must not endanger yourself or others, take any unnecessary risks or break any laws when creating content you may share with the Group.
6. If you do not want to grant the Group the permission set out above on these terms, you must not submit or share your contribution to or with the website.
Community features
1. Certain aspects of the Group’s website may enable you to post contributions or content. Collectively, we refer to this functionalities as community features.
2. In order to participate in and contribute to selected community features you may be required to register with the website.
3. Any personal information supplied to the website as part of this registration process and/or any other interaction with the website will be collected, stored and used in accordance with the Group’s Data Privacy Notice.
Disclaimers and limitation of liability
1. The majority of content posted as part of the community features of this website is created by Scouting volunteers and members of the public. Any views expressed through community features are those of the author and, unless specifically stated, are not those of the Group or The Scout Association. Neither the Group nor The Scout Association are responsible for any content posted by Scouting volunteers or members of the public on the website or for the availability or content of any third party sites that are accessible through the website. Any links to third party websites from the website do not amount to any endorsement of that site by the Group or The Scout Association and any use of that site by you is at your own risk.
2. The content on this website, including the information, names, images, pictures, logos and icons regarding or relating to the Group or The Scout Association, its products and services (or to third party products and services), is provided as-is and on an as-available basis.
3. To the extent permitted by law, the Group excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
4. The Group does not guarantee the timeliness, completeness or performance of the website or any of the content.
5. While we try to ensure that all content provided by the Group is correct at the time of publication no responsibility is accepted by or on behalf of the Group for any errors, omissions or inaccurate content on the website.
6. You agree to indemnify the Group and/or the Group’s volunteers, supporters, managers, or other representatives immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of the website.
7. Nothing in these terms limits or excludes the Group’s liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, the Group shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise):
  1. Loss of data;
  2. Loss of revenue or anticipated profits;
  3. Loss of business;
  4. Loss of opportunity;
  5. Loss of goodwill or injury to reputation;
  6. Losses suffered by third parties; or
  7. Any indirect, consequential, special or exemplary damages arising from the use of this website regardless of the form of action.
8. The Group does not warrant that functions available on the website will be uninterrupted or error free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
General
1. If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
2. The failure or delay of the Group to exercise or enforce any right in these terms does not waive the Group’s right to enforce that right.
3. These terms shall be governed by and interpreted in accordance with the laws of England and Wales which shall have exclusive jurisdiction over any disputes.
Contacting us
1. You can write to us at:
  325th Birmingham (Billesley) Scout Group
  54 Club View
  Birmingham
  B33 8XA
2. You can send us email to:
  website@billesleyscouts.org.uk

These terms were last reviewed on 14 November 2019.