Terms & Conditions
1. APPLICATION OF THESE TERMS AND CONDITIONS
1.1 These terms and conditions (together with the documents referred to within) (the "Terms") govern the basis on which you order Products (as such term is defined below) from us and we supply the Products to you. All other terms of business, including any that you may send to us when placing an order for Products are excluded.
1.2 Please read the Terms carefully before ordering any Products. By ordering any of our Products, you agree to be bound by the Terms. You should print and retain a copy of the Terms for future reference.
2.1 "Ascential Events (Europe) Limited", “us” or "we" means Ascential Events (Europe) Limited Limited trading as Cannes Lions, registered in England under company number 7814172537204 whose registered office is at The Prow, 1 Wilder Walk, London W1B 5AP. Ascential Events (Europe) Limited’ VAT number is 486 4004 42.
"Product" means all products, including without limitation, the reports, trophies, certificates or Packs offered for sale on the Site from time to time.
“Pack” means the Elite Pack or Celebration Pack (as defined on the Site) offered for sale on the Site from time to time.
"Site" means https://store.canneslions.com/ which is owned and operated by Ascential Events (Europe) Limited.
"you" means you, if you are placing an order in a personal capacity, or the company, business or organisation on whose behalf you are placing an order, as the case may be.
2.2 Words relating to the singular also include the plural, as the context may require, and vice versa.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 By placing an order through the Site, you warrant that: (a) you are legally capable of entering into binding contracts; (b) are at least 18 years old; and (c) if placing an order on behalf of a company, business or organisation you are fully authorised and empowered to do so.
3.2 An order placed by you constitutes an offer to buy a Product. The contract between you and us will only be formed when we receive payment in full for the Product you wish to purchase.
3.3 Prior to dispatching any Product we will carry out internal checks to confirm that you are eligible to purchase a particular Product. Should we be unable to verify such eligibility, we may contact you to seek further information. If we cannot verify your eligibility to purchase a Product, we will send you an email to cancel your order (the "Order Cancellation") and will refund to you any monies paid to Ascential Events (Europe) Limited. Neither party shall have any liability to the other following an Order Cancellation.
3.4 No Product will be dispatched without full payment in cleared funds being received by us.
3.5 All Products are subject to availability. We shall inform you as soon as possible if the product you wish to order is unavailable and if you have paid for it, we shall refund you as soon as reasonably possible.
3.6 If you order a personalised Product such as a trophy or a certificate, we check that you, or the person you are ordering the Product for, are entitled to the Product in accordance with clause 3.3 and we then arrange for the Product to be made and personalised. This takes some time, so please note the delivery times for these Products.
4. PRICE AND PAYMENT
4.1 The price of each Product is that set out on the Site from time to time, except in cases of obvious error.
4.2 The price excludes any applicable VAT and delivery costs, which will be added to the total amount due.
4.3 We reserve the right to alter prices at any time, but changes will not affect orders once we have received payment.
4.4 We will provide you with a pro-forma invoice, due and payable immediately, on placing an order, with a receipted invoice to follow once payment has been received.
4.5 If you pay by credit card, please remember that all our prices are in Euro (€) but will be converted to your local credit card billing currency by the credit card bank processor at its then current rates. Card payments will be taken via the Site at point of purchase.
4.6 Where you elect to pay via a bank transfer, please send us a copy of your instruction to your bank so that we can track the arrival of your payment. This helps us to ensure your Products are dispatched promptly. We accept no liability for dispatch delays where you have not informed us of your instructions to your bank.
4.7 You are responsible for paying any bank fees which may be deducted from your payment prior to it reaching Ascential Events (Europe) Limited, and we reserve the right to delay the dispatch of your Products until full payment is made.
5. CONSUMER RIGHTS CANCELLATIONS AND DEFECTIVE PRODUCTS
5.1 If you are contracting as a consumer on behalf of yourself and not a company, business or organisation, you may cancel an order within fourteen (14) calendar days of receipt of the Products. You must return the Product (at your expense and risk) within seven (7) days of your notice of cancellation to the Merchandise Team, Cannes Lions, The Studios, 33 Kingsway, London, WC2B 6UF, and take reasonable care to ensure that we receive the Product and that it is not damaged in transit () We will refund you the price paid for the Products and, provided the whole order is cancelled, the delivery charges, within fourteen (14) days of receipt of the returned Products. If you do not return the Products or you do not pay the costs of returning them to us, we shall be entitled to deduct the direct costs of recovering the Products from the amount to be refunded to you. The provisions of this clause 5.1 do not affect your statutory rights. Please note that amended certificates and personalised Products such as trophies and certificates cannot be returned for refund other than in accordance with clause 5.2 below. .
5.2 Products are at your own risk from the time of receipt. If we deliver a Product to you that is damaged, defective or not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund. Any request for repair, replacement or refund must be made within thirty (30) calendar days of receipt of the item. If in accordance with this clause 5.2 you require a replacement of a personalised Product, please note the delivery times for such Products.
5.3 Subject to clauses 5.1 and 5.2, once we have received payment from you, an order may not be cancelled and no refunds are permitted.
6.1 We will use reasonable commercial endeavours to ensure that you receive the Products as soon as is possible, but reserve the right to extend or shorten the delivery period, at our sole discretion, for commercial reasons, including but not limited to the capacity of the workshop where the trophies are produced.
6.2 We will use reasonable commercial endeavours to deliver Pack Products together wherever possible, but reserve the right to dispatch Pack Products separately at our own cost.
6.3 The Delivery Information section on the Site sets out estimated delivery times, and we will use reasonable commercial endeavours to inform you if for any reason, these delivery times cannot be met. Should we advise you of a delay to the estimated delivery period, you agree that this will not constitute grounds for cancellation of an order.
6.4 You are responsible for all delivery details that you provide to us, including but not limited to any authorised importer reference or code. We are not responsible if Products are dispatched by us but are delayed or not delivered because of any errors or omissions in the delivery details you have provided.
6.4 Please note that we are unable to deliver trophies constructed in glass. All glass trophies must be collected, at your expense, within two (2) weeks of notification from us to you. We are not responsible for any glass trophies collected after that date.
7.1 Unless permitted by us, Packs may only be purchased by the Festival entrant for the work.
7.2 It is your responsibility to provide the details necessary to personalise the certificates in the Elite Pack; for any certificate where the necessary details are missing a traditional certificate will be dispatched. Certificates may be personalised after an order has been placed (but before they are dispatched) for an additional charge.
7. OUR LIABILITY
7.1 We warrant to you that any Product purchased through the Site is of satisfactory quality and reasonably fit for purpose. Many of our Products are hand crafted and natural variances should be expected in the colour and finish of these Products. We are not responsible for any such variations, which add to the unique quality of the Products.
7.2 Nothing in the Terms limits in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987; or
(c) for fraud or fraudulent misrepresentation.
7.3 Subject to clause 7.2, our liability for any losses you may suffer as a result of Ascential Events (Europe) Limited breaching the Terms is strictly limited to the amount of the purchase price of the Product you purchased.
7.4 We are not responsible for any problems or damage to any computer hardware, software or network owned, licensed or used by you, howsoever caused as a result of accessing the Site.
7.5 By accepting these Terms you agree that we are not responsible for indirect or consequential losses which happen as a side effect of the main loss or damage (whether or not such losses are foreseeable by you or us), loss of income or revenue, business, profits or contracts, anticipated savings, data or waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
8. IMPORT DUTY AND APPLICABLE LAWS
8.1 Products ordered from our Site for delivery outside the UK may be subject to import duties and taxes (the "Import Charges") which are levied when the delivery reaches the specified destination. You will be responsible for payment of any Import Charges. Please note that we have no control over the Import Charges and cannot predict their application or amount. Please contact your local customs office for further information before placing your order.
8.2 If you fail to pay any Import Charges and your Product is impounded or destroyed, you agree that hawse have no liability and are not bound to replace any such Product or refund the cost of such Product. Should any Product be returned undelivered to us for any reason, we are not obliged to cancel your order, refund the cost of the Product or to pay further shipping charges. You will be responsible for contacting us to arrange redelivery and for meeting the costs of redelivery in full prior to us resending your order.
8.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
9. WRITTEN COMMUNICATIONS
Applicable laws require that some communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be sent to firstname.lastname@example.org or to Ascential Events (Europe) Limited’ address above by pre-paid recorded delivery post. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address and no notification of non-delivery was received.
11. TRANSFER OF RIGHTS AND OBLIGATIONS
You may not transfer, assign, charge, sub-contract or otherwise dispose of your rights or obligations under these Terms.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms that is caused by events outside our reasonable control, including without limitation, strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, ash cloud, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport for any reason, or other means of public or private transport, impossibility of the use of public or private telecommunications networks or the acts, decrees, legislation, regulations or restrictions of any government (a "Force Majeure Event").
12.2 Our performance under these Terms shall be deemed to be suspended for the period that the Force Majeure Event continues, and you agree that we may have an extension of time for performance for the duration of that period. We will use reasonable commercial endeavours to find a solution by which our obligations under the Terms may be performed despite the Force Majeure Event.
13. OUR RIGHT TO VARY THE TERMS
13.1 We reserve the right to amend these Terms from time to time and will post the amended terms on the Site.
13.2 You will be subject to the Terms in force at the time that you order any Product. Should any change to the Terms be required by law or governmental authority after you place an order but before the Products are dispatched to you, we will notify you of the relevant change to the Terms in writing and, unless you notify us to the contrary within seven days of receipt of such notice, you will be deemed to accept such amended terms. Should you notify us that you do not accept the amended terms, we will cancel your order and refund any monies paid to us.
14.1 Waiver. Failure at any time to demand strict performance of any of the undertakings, terms and conditions set out in the Terms shall not be constituted as a continuing waiver or relinquishment thereof.
14.2 Third Party Rights. A person who is not a party to these Terms has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any provisions of these Terms.
14.4 Governing law and jurisdiction. Any dispute or claim arising out of or in connection with the Terms will be governed by English law and shall be subject to the exclusive jurisdiction of the English courts.