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Terms & Conditions
Membership terms and conditions.
As we can accept your membership and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01803 302481.
- These Terms and Conditions will apply to the purchase of the membership by you (the Customer or you) We are Within Temptation Ltd a company registered in England and Wales under number 12122611 whose registered office is at Lower Union Lane, Torquay, Devon, TQ2 5PR with email address email@example.com; telephone number 01803 302481 (the Supplier or us or we).
- These are the Terms on which we sell all memberships to you. By ordering any of the Memberships, you agree to be bound by these Terms and Conditions.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the sale and purchase of the Memberships;
- Location means the Supplier’s premises or other location where the Memberships are to be used, as set out in the Membership;
- Memberships means any memberships that we supply to you, as set out in the Order;
- Order means the Customer’s order for the Memberships from the Supplier as set out overleaf
- The description of the Memberships is as set out in our website or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in colour or size.
- In the case of Memberships made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
Basis of Sale
- The description of the Memberships in our website or other form of advertisement does not constitute a contractual offer to sell the Memberships.
- When a Membership has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
- A Contract will be formed for the Memberships ordered, only upon the Supplier sending an email to the Customer saying that the Membership has been accepted.
- Any quotation is valid for a maximum period of 1 from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Memberships, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier’s business premises.
Price and Payment
- The price of the Memberships and any additional charges for the Memberships, and the total price of them and the charges, is that set out in our price list current at the date we accepted the Membership or such other price as we may agree in writing.
- Prices and charges include VAT at the rate applicable at the time of the Membership.
- Payment for Membership must be made at least 0 day in advance of delivery. You must pay in cash at the door or by submitting your credit or debit card details with your Membership and we can take payment immediately or otherwise before receiving of the Memberships.
- The Memberships allow you to access the Location by the time or within the period agreed, or failing any agreement, without undue delay and, in any event, not more than 12 months after the day on which the Contract is entered into (if the yearly membership is selected).
- In any case, regardless of events beyond our control, if we do not deliver the Memberships on time, you can (in addition to any other remedies) treat the Contract at an end if we have refused to accept the Memberships, or if you told us before the Contract was made that access on a particular time was essential.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Memberships or rejecting Memberships that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Memberships.
- If any Memberships form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the memberships or the character of the unit) you cannot cancel or reject the Order for some of those Memberships without also cancelling or rejecting the Order for the rest of them.
- We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for access from outside that area, that isn’t a problem.
- You agree we may issue the Memberships in instalments if you are paying by monthly or quarterly instalments.
- If you or your nominee fail, through no fault of ours, to take use of the Memberships at the Location, we will still take monthly payments, if this is applicable.
- The Memberships will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Memberships before accepting them.
Risk and Title
- Risk of damage to, or loss of, the Memberships will pass to you when the Memberships are completed by you.
- You do not own the Memberships until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any access and end any right to use the Memberships still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- You can cancel the Contract by telling us no later than 7 days after the Contract was made and as long as membership hasn’t been used, if you simply wish to change your mind and without giving us a reason, and without liability. Then we will without delay refund to you the price for those Memberships, but we can retain any separate operating charge. This does not affect your rights when the reason for the cancellation is any defective Memberships.
- We have a legal duty to supply the Memberships in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon access to our site or venue, the Memberships will:
- be of satisfactory quality
- be reasonably fit for any particular purpose for which you buy the Memberships which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
- We will provide the following after-sales service: Membership for as long as has been paid for.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to use and the right to cancel below.
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- For the purposes of these Terms and Conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
- ‘GDPR’ means the UK General Data Protection Regulation.
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing the Memberships to you.
- Where you supply Personal Data to us so we can provide Memberships to you, and we Process that Personal Data in the course of providing the Memberships to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
- For any enquiries or complaints regarding data privacy, you can e-mail: firstname.lastname@example.org.
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for(i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer because the Supplier believes the Customer is not buying the Memberships wholly or mainly for its business, trade, craft or profession).
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us directly. We will aim to respond within 5 working days.
We are commited to the safety and privacy of all our members, we hope to be a santuary that shows exceptance and tollerance in a complex and often stressful world. Weather you're part of the swinging communitity, LGBTQA+ or a fetishist to the core we hope you find this a place you can express and enjoy all your deepest desires and fantasies.