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Terms and conditions
This page sets out the terms on which you may access and use www.sheldrickwildlifetrust.org (the “website”).
1. Information about us
This Website (or the “Site”) is operated by The David Sheldrick Wildlife Trust (“We”, “Us”, or the “UK Trust”) known as Sheldrick Wildlife Trust, a registered charity in England and Wales (registered charity no: 1103836) and our registered office is at 2nd Floor, 3 Bridge Street, Leatherhead, KT22 8BL. This website is operated on behalf of us, as well as the independent US charity The David Sheldrick Wildlife Trust, USA, (the “US Trust”), known as Sheldrick Wildlife Trust USA, and the independent Kenyan charity, The David Sheldrick Wildlife Trust (the “Kenyan Trust”), known as Sheldrick Wildlife Trust, (and collectively, “The Trusts”). From time to time, and at our sole discretion, the US Trust and the Kenyan Trust may assist us with website operations relating to website users in the US and Kenya, respectively.
2. Website Use and Access
2.1 We may at any time and without prior notice to you replace or amend these terms and conditions. Your continued use of this Site after amendments are made means you accept the terms and conditions as updated. Therefore, please do visit this page regularly to review these terms and conditions.
2.2 Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice. We will not be responsible if for any reason the Site is unavailable at any time or for any period.
2.3 From time to time, we may restrict access to some parts of the Site, or the entire Site.
2.4 We do not guarantee that the functions or materials accessible from or contained in the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free from viruses or faults. You are responsible for ensuring that your computer system and or mobile device used to access the Site meet all technical specifications necessary to use the Site and is compatible with the Site.
2.5 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
2.6 We aim to update the Site regularly and may change content at any time. However, any of the material on the Site may be out of date at any given date, and we are under no obligation to update such material. We make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up-to-date.
2.7 You may not alter the Site in any way or do anything that might or will damage or disrupt the good working order of the Site.
2.8 You also agree:
2.8.1 not to reproduce, duplicate, copy or re-sell any part of the Site;
2.8.2 not to access without authority, interfere with, alter, damage or disrupt:
(a) any part of the Site;
(b) any equipment (including telecommunications equipment) or network on which the Site is stored;
(c) any software used in the provision of the Site; or
(d) any equipment or network or software owned or used by any third party.
3. Intellectual Property rights and use of content
3.1 We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. All such rights are reserved. Those works are protected by copyright and treaties around the world.
3.2 The Site contains a variety of: (i) materials and other items relating to The Trusts, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, URLs, technology, software, interactive features, the "look and feel" of the Site, and the compilation, assembly, and arrangement of the materials of the Site and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of The Trusts (collectively, "Trademarks"); and (iii) other forms of intellectual property (all of the foregoing, collectively "Content").
3.3 The Site (including past, present and future versions) and the Content are owned or controlled by The Trusts and their licensors and certain other third parties. All right, title, and interest in and to the Content available via the Site is the property of The Trusts or their licensors or certain other third parties, and is protected by U.S., UK, Kenya, and other international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible. The Trusts own the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Site.
3.5 When using the Site, you must respect the intellectual property and other rights of The Trusts and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
3.6 Unless otherwise specified, the Content on the Site is presented solely for the purpose of providing information about and promoting Our programs, events and other products available in the UK, the US, its territories, possessions and protectorates, and Kenya. We may alter, suspend, or discontinue the Site at any time for any reason, without notice or cost. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
3.7 You must not use any part of the materials on the Site for commercial purposes without obtaining written consent from us or our licensors. Please send any written requests to use content from the Site using our general enquiry contact form or email [email protected]
4. Linked Sites
4.1 Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We make no representations about any other websites. When you access any other website through the Site (including the websites of our conservation, commercial and charity partners) you understand that it is independent from us and that we have no control over that website and can accept no responsibility in relation to its content or the way you interact with it.
5. Linking to the Website
5.1 You may link to any part of this Site provided you ensure that by doing so you breach no law or rights of others, and that the linking to this Site does not suggest any association, patronage, approval or endorsement, except with our prior written consent.
5.2 Our Site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
6. Information about you and your visits to the Site
6.2 The Trusts websites provide an international facility for donations to be made in multiple currencies. This allows supporters from any country to make a donation to The Trusts on any of our websites, and for that donation to automatically be made to, and managed by, the relevant national Trust, UK Trust, US Trust, Kenya Trust, (if you're not from a country that has a registered Sheldrick Wildlife Trust charity then your donation, and ongoing relationship, will be managed by the Sheldrick Wildlife Trust charity with responsibility for supporters in your country). The Sheldrick Wildlife Trust charity that is responsible for your relationship will be identified on the donation confirmation page that you will see and in the transaction confirmation email that you will receive.
6.3 Please consult your local tax authority regarding whether your donations made to any of The Trusts will qualify as a charitable donation for tax purposes. While we cannot guarantee that any donation you make to any of The Trusts will qualify as a charitable donation, the UK Trust is a registered charity in the England and Wales, the US Trust is a recognized 501(c)3 charity in the US, and the Kenyan Trust is a recognized tax exempt charity in Kenya.
6.4 We, the US Trust, and the Kenyan Trust, will seek to protect online payment details in accordance with the Payment Card Industry Data Security Standard (also known as PCI-DSS), however, the security of such information transmitted via the Internet cannot be guaranteed. As such any data transferred is at your own risk.
6.5 If you use a payment card on the Site, you must be the authorised user of the card and have permission and funds to make the relevant payment or donation.
6.6 If you have made a donation of money in error please contact our us using the information available at our Global Offices page.
8.2 The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, the Trusts, our affiliated organisations and third parties connected to us hereby expressly exclude:
8.2.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
8.2.2 any liability for any loss or damage whether direct, indirect or consequential incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it; for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
8.3 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
8.4 You are responsible for implementing sufficient procedures and virus checks to satisfy your requirements.
9. Terms of Sale
9.1 Our contract with you for the purchase of goods
9.1.1 Goods purchased on this Site will be bound by the UK Terms of Sale in this Clause (Clause 9). Goods purchased on shopusa.sheldrickwildlifetrust.org will be purchased from The David Sheldrick Wildlife Trust, USA, and will be bound by the US terms of sale as displayed on the website shopusa.sheldrickwildlifetrust.org
9.1.2 If you order any products from the Site, then our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
9.1.3 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.
9.1.4 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
9.2 Our Products
9.2.1 The images of the products, including the artworks, on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
9.3 Providing the Products
9.3.1 For physical products ordered, the costs of delivery will be as displayed to you on our Site.
9.3.2 We will deliver any products you order to you as soon as reasonably possible and unless we agree otherwise with you, within 30 days after the day on which we accept your order, unless the delivery company is unable to make delivery at the address you provided when you completed your order.
9.3.3 If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
9.3.4 We will use third party mail services, including Royal Mail, and on occasions other couriers to deliver products to you. For courier deliveries, we will instruct them that if no one is available at your address to take delivery and the products cannot be posted through your letterbox, they are to leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
9.3.5 If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot the courier will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, the courier is unable to contact you or re-arrange delivery or collection we may end the contract and Clause 9.6 will apply.
9.3.6 A product will be your responsibility from the time Royal Mail and or the courier attempts to deliver the product to the address you gave us. You own a product once we have received payment in full.
9.3.7 We may need certain information from you so that we can supply the products to you, for example, your name and address and payment card information. You will be required to input this information on the Site when purchasing any products. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 9.6 will apply) or make an additional charge of a reasonable sum to compensate us for any costs incurred by us that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
9.3.8 If you do not pay us for the products when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend or cancel supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products.
9.3.9 Orders dispatched overseas, being all orders placed for delivery to countries other than the UK, may be subject to customs charges. Payment of customs charges is your responsibility and we advise you to check with your local customs office in advance of ordering to ascertain if and what import taxes and charges you might be liable to incur on any products you intend to order from our UK shop.
9.4 Your rights to end the contract
9.4.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract;
(b) If you have just changed your mind about the product, see Clause 9.7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions [and you will have to pay the costs of return of any goods];
9.4.2 For any products bought on our website you have a legal right to change your mind within 14 days and receive a refund. However, if your goods are split into several deliveries over different days you have until 14 days after the day you receive the last delivery to change your mind about the goods.
9.4.3 Even if we are not at fault and you do not have a right to change your mind (see Clause 9.4), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know in accordance with Clause 9.4. The contract will end immediately and we will refund any sums paid by you for products not provided, but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9.5 How to end the contract with us (including if you have changed your mind)
9.5.1 To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call us on +44(0) 1372 378 321 or by writing to us at [email protected]. Please provide your name, address, order details including order number and, where available, your phone number and email address.
9.5.2 If you end the contract for any reason after products have been dispatched to you or after you have received them, you must return them to us. You must post them back to us at 2nd Floor, 3 Bridge Street, Leatherhead, KT22 8BL, or (if they are not suitable for posting) allow us to collect them from you. Please call us on +44(0) 1372 378 321 or by writing to us at [email protected]. You will be responsible for returning the products back to us and must ensure the products are secure and adequately protected for the journey back. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.5.3 We will pay the costs of return if:
(a) The products are faulty or misdescribed;
(b) You are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
9.5.4 In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.5.5 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
9.5.6 If you are entitled to a refund, we will refund you the price you paid for the products (and where applicable including delivery costs), by the method you used for payment. However, if you are returning the goods as you have simply changed your mind we may make deductions from the price, to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.5.7 We will make any refunds due to you as soon as possible. If we have not offered to collect the goods, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, within 14 days from the day on which you provide us with evidence that you have sent the product back to us.
9.6 Our Rights To End The Contract
9.6.1 We may end the contract for a product at any time by writing to you if:
(a) You do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or
(b) You do not, within a reasonable time, allow us to deliver the products to you.
9.6.2 If we end the contract in the situations set out in clause 9.5.1(b) we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.7 If there is a problem with a product
9.7.1 If you have any questions or complaints about a product, please contact us. You can telephone us on +44(0) 1372 378 321 or by writing to us at [email protected]
9.7.2 We are under a legal duty to supply products that are in conformity with this contract. See the section below for a summary of your key legal rights in relation to products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights for goods purchased from the UK Trust
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
9.7.3 If you wish to exercise your legal rights to reject products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you.
9.8 Price And Payment
9.8.1 The price of products (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of products advised to you is correct. However please see clause 9.7.2 for what happens if we discover an error in the price of a product you order.
9.8.2 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
9.8.3 We accept payment by most major providers of debit and credit cards, via our payment provider Braintree. You must pay for the products before we dispatch them.
9.8.4 If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
9.9 Our responsibility for loss or damage suffered by you
9.9.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
9.9.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.
9.9.3 We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Other important terms
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
10 Jurisdiction and applicable law
10.1 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Site.
10.2 These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
10.3 We have used reasonable endeavours to ensure that the Site complies with UK law, but cannot ensure that it is appropriate or available for use in every territory outside the UK. Those who visit the Site from other territories are responsible for compliance with all applicable laws. If use of the Site and/or viewing of it, or use of any material or content on the Site or services, are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use the Site and you must exit immediately.
11.1 We may revise these terms and conditions at any time and without prior notice by amending this page or posting a new set of terms and conditions on the Site. You are expected to check this page frequently to take notice of any changes we made. Your continued use of the Site after amendments or a new set of terms and conditions are posted constitutes your acceptance of these terms and conditions as modified. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on the Site.
12 General Provisions
12.1 We may transfer or subcontract any or all of our rights and obligations under these terms and conditions at any time.
12.2 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be separated from the other terms and conditions and shall be deemed to be deleted from them.
12.3 All notices shall be given:
12.3.1 to us via email to [email protected]; or
12.3.2 to you at the email address you provide when using the Site.
13 Your concerns
If you have any concerns about material that appears on the Site, please contact us using the email [email protected].
Thank you for visiting the Site.