Please read the following important terms and conditions before you sign up for Spike Associates membership on our website and check that they contain everything that you want and nothing that you are not willing to agree to.
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 say that we must give you certain key information before a legally binding contract between you and us is made (see below). We will give you this information in a clear and understandable way. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract, such as information on our complaint handling policy.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods/services, in most cases, you can change your mind and get a full refund.
For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
The information in this summary summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.
This contract sets out both your and our legal rights and responsibilities, as well as certain key information required by law.
In this contract:
We are registered in England and Wales under company number: 02624621.
Our registered office is at: 133 Cumberland Road, Bristol, BS1 6UX.
The details of this contract will not be filed with any relevant authority by us.
If you don’t understand anything within this contract and want to talk to us about it, or if you need after-sales customer assistance, please contact us by email at firstname.lastname@example.org or call us on 0117 929 2266. We will respond to you as soon as possible within normal working hours.
If you would like this contract in another format (for example: audio or large print) please contact us using the contact details in the ‘Who we are’ section above.
1.1 When you buy goods/services on our website you agree to be legally bound by this contract.
1.2 This contract is only available in English. No other languages will apply to this contract.
1.3 When buying any goods/services you also agree to be legally bound by:
1.3.2 extra terms which may add to, or replace some of, this contract. This may happen for reasons relating to availability of goods for sale and website functionality. We will contact you to let you know if we intend to do this.
All of the above documents form part of this contract as though set out in full here.
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
2.1.1 read the acknowledgement email (see clause (see clause 4.2.1); or
2.1.2 contact us using the contact details in the ‘Who we are’ section above.
2.2 2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
4.1 Below, we set out how a legally binding contract between you and us is made.
4.2 You select a membership type on the website and proceed to the payment stage. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
4.2.1 When you place your order at the end of the online checkout process we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
4.2.2 We may contact you to say that we do not accept your order. This is typically for the following reasons:
(a) the goods/services are unavailable;
(b) we cannot authorise your payment;
(c) you are not allowed to buy the goods/services from us;
(d) we are not allowed to sell the goods/services to you;
(e) there has been a mistake on the pricing or description of the goods/services.
4.2.3 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
(a) a legally binding contract will be in place between you and us; and
(b) your membership service benefits will begin
4.3 If you are under the age of 18 you may not buy a membership service from us.
5.1 You have the right to cancel this contract within 14 days without giving any reason and provided you have not used any of the membership benefits e.g. attended an event.
5.2 The cancellation period will expire after 14 days from the day you sign up.
5.3 To exercise this right to cancel, you must inform us of your decision to cancel this contract by a clear statement (such as a letter sent by post, fax or email) at email@example.com or Spike Island, 133 Cumberland Road, Bristol BS1 6UX, UK. You can use the model cancellation form set out in the box below, but it is not obligatory.
5.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
To Spike Island Artspace Limited 133 Cumberland Road, Bristol, BS1 6UX.
I hereby give notice that I cancel my contract of sale of the following goods/services:
Name of consumer:
Address of consumer:
Signature of consumer (only if this form is notified on paper):
6.1 If you cancel this contract within the 14 days cooling off period, we will reimburse to you all payments received from you.
6.2 We will make the reimbursement without undue delay, and not later than:
6.2.1 14 days after the day on which we are informed about your decision to cancel this contract.
6.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
6.4 We will refund any deposits received from you, unless the deposit was received against anything that has not been returned to us.
7.1 Outside of the 14 days cooling off period, you can cancel your Associates membership at any time using the same cancellation form above.
7.2 You must cancel 14 days prior to your next payment due date or the payment will be due. If you cancel with less than 14 days before your next payment, then your cancellation will apply to the following month’s payment.
Your membership will therefore continue for the remainder of that month and into the following month.
Example: Last payment made 1 July, next payment due 1 August. Member cancels on 25 July. Membership will expire on 31 August.
7.3 We do not provide a refund for part months, or the last month up front, as this is your notice period.
8.1 When you have completed your order, you will receive an email order confirmation. It will state what type of membership you have ordered, the total cost which will include VAT where appropriate, together with further order details. If for any reason your order cannot be processed, we will normally contact you within 2-5 working days to explain the nature of the issue.
8.2 Unless you and we agree otherwise, if we cannot complete your membership sign up process within 30 days, we will:
8.2.1 let you know;
8.2.2 cancel your order; and
8.2.3 give you a refund.
9.1 Spike Island uses www.stripe.com and www.gocardless.com to process payments. These secure merchants are independent and will never disclose your full payment details to us.
9.3 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clauses 5 and 6.
9.4 The price of the goods/services:
9.4.1 is in pounds sterling (£)(GBP);
9.4.2 includes VAT at the applicable rate
9.5 Please note you are responsible for complying with local tax laws.
9.6 If your payment fails to process, we will contact you by email to resolve the issue and to arrange to take the payment again. If the missed payment is not settled within 7 days of this notice being sent, your Associates membership benefits will be temporarily frozen. If we do not hear from you within 28 days of the failed payment, your Associates membership will be cancelled.
Your contract will end when you cancel it. Membership does not automatically end after a term of one year. It is your responsibility to end the contract when you want the contract to end, according to our cancellation terms.
11.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:
11.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed; or
(b) that were not caused by any breach on our part;
11.1.2 business losses; and
11.1.3 losses to non-consumers.
12.1 We will try to resolve any disputes with you quickly and efficiently.
12.2 If you are unhappy with:
12.2.1 the goods/services;
12.2.2 our service to you; or
12.2.3 any other matter,
please contact us as soon as possible using the details in the ‘Who we are’ section above.
12.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
12.3.1 let you know that we cannot settle the dispute with you.
12.4 If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.
12.5 The laws of England and Wales will apply to this contract.
13.1 No one other than a party to this contract has any right to enforce any term of this contract.