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1
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Formation of the contract
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1.1
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These terms of sale apply to all Touch VIP cards supplied by Touch VIP Limited (incorporated
and registered in England and Wales with company number 7134169) whose registered
office is at 18 Victoria Street, Windermere, Cumbria LA23 1AR (the "Company").
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1.2
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No contract exists between you and the Company for the sale of any Touch VIP card
until the Company has received and accepted your order and sends you confirmation
in writing or by email to the address or email address you have given. Once the
Company does so, there is a binding legal contract between us and these terms will
govern the contract to the exclusion of all other terms.
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1.3
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The contract is subject to your right of cancellation (see below).
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1.4
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The Company may change these terms of sale without notice to you in relation to
future sales.
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2
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Description and price of the Touch VIP card
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2.1
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The description and price of the Touch VIP card you order will be as shown on the
Company's website at the time you place your order, or in any other promotional
literature or emails produced or generated by the Company.
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2.2
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The Touch VIP card is subject to availability. If on receipt of your order the Touch
VIP card you have ordered is not available in stock, the Company will inform you
as soon as possible, and refund or recredit you for any sum that has been paid by
you or debited from your credit card for the Touch VIP card.
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2.3
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Every effort is made to ensure that prices shown on the Company’s website or in
any promotional literature or email are accurate at the time you place your order.
If an error is found, the Company will inform you as soon as possible and offer
you the option of reconfirming your order at the correct price or cancelling your
order. If you cancel, the Company will refund or recredit you for any sum that has
been paid by you or debited from your credit card for the Touch VIP card.
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2.4
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In addition to the price payable for the Touch VIP card, you will be required to
pay an administration charge, as detailed in the price section on the Company’s
website.
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3
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Payment
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3.1
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Payment for the Touch VIP card will occur on placing the order on the website and
will be made by the method shown on the Company’s website.
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4
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Delivery
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4.1
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The Touch VIP card you order will be delivered to the address you give when you
place your order, as shown on the Company’s website at the time you place your order.
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4.2
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If delivery cannot be made to your address, the Company will inform you as soon
as possible, and refund or recredit you for any sum that has been paid by you or
debited from your credit card.
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4.3
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Every effort will be made to deliver the Touch VIP card as soon as possible after
your order has been accepted, and in any event within 30 days of your order. However,
the Company will not be liable for any loss or damage suffered by you through any
reasonable or unavoidable delay in delivery. In this case, the Company will inform
you as soon as possible.
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4.4
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You will become the owner of the Touch VIP card you ordered and responsible for
risk of loss of or damage to it once it has been delivered to you.
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5
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Your right of cancellation
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5.1
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You have the right to cancel the contract at any time up to the end of seven working
days after you receive the Touch VIP card (see clause 5.2 below). A working day
is any day other than weekends and bank or other public holidays.
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5.2
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To exercise your right of cancellation, you must give written notice to the Company
by posting, faxing or emailing, the contract address, fax number or email address
detailed on the Company’s website, giving details of the Touch VIP card ordered.
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5.3
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If you exercise your right of cancellation after the Touch VIP card has been delivered
to you, you will be responsible for returning the Touch VIP card to the Company
at your own cost. The Touch VIP card must be returned immediately to the address
shown above. You must take reasonable care to ensure the Touch VIP card is not damaged
in the meantime or in transit.
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5.4
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Once you have notified the Company that you are cancelling the contract, the Company
will upon receipt by the Company of the returned Touch VIP card refund or recredit
you within 30 days of such receipt for any sum that has been paid by you or debited
from your credit card for the Touch VIP card.
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6
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Data protection
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6.1
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The Company will take all reasonable precautions to keep the details of your order
and payment secure, but unless the Company is negligent, the Company will not be
liable for unauthorised access to information supplied by you.
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6.2
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The Company will only use the information you provide about yourself in accordance
with the Company’s Privacy Policy, unless you agree otherwise. The Company would
like to notify you of products and offers that may be of interest to you from time
to time, and if you would like to be notified of these, please tick the box below.
You can correct any information about you, or ask for information about you to be
deleted, by giving written notice to the Company at the address, fax number or email
address detailed on the Company’s website.
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7
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Use of the Touch VIP card
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7.1
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Details of all promotions and offers available to you can be found on the Company’s
website however all promotions are subject to availability and change. You should
therefore consult the offers section of the website [INSERT LINK TO OFFERS SECTION]
at all times for up to date information on promotions and offers currently available.
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7.2
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Ownership of a Touch VIP card does not guarantee you entry into any of the establishments
partnered with Touch VIP and the management of each establishment shall retain the
right to refuse entry.
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7.3
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Promotions or offers available to you as a Touch VIP cardholder are not valid in
conjunction with any other offer or promotion which may be available by the establishments
(or any one of them), such as special offer menus or special events.
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7.4
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Advanced bookings may be required at some establishments and when making such a
booking you should advise that you are a Touch VIP cardholder.
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7.5
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The Touch VIP card is valid for use by you only and is not-transferable. Any establishment
partnered with the Company may therefore require identification and any cards being
used fraudulently will be confiscated and cancelled by the Company.
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7.6
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Any other abuse of the card by you, or any abusive behaviour displayed at any of
the establishments, may result in the establishment concerned refusing you the right
to benefit from any such offer or promotion and may result in the Company terminating
the contract and cancellation of the Touch VIP card. You shall indemnify the Company
against all and any loss, damages, costs or expenses incurred by the Company arising
out of any claim made by an establishment or any third party in relation to a breach
of this paragraph 7.6.
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7.7
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The Touch VIP card will only be effective until the expiry date displayed on the
Touch VIP card. Following the expiry date your rights to benefit from the promotions
and offers available on the website will cease and such rights will only continue
if you order a new Touch VIP card.
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8
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Governing law and jurisdiction
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8.1
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These terms and any disputes or claims arising out of, or in connection with, its
subject matter or formation (including non-contractual disputes or claims) are governed
by and construed in accordance with the law of England.
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8.2
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The parties irrevocably agree that the courts of England have exclusive jurisdiction
to settle any dispute or claim that arises out of or in connection with these terms
or its formation (including non-contractual disputes or claims).
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Check to proceed subscription.
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