Burning Woman Festival – Terms and Conditions
These Terms and Conditions are the standard terms that apply to the sale of all Tickets and other Goods via our Website under our Burning Woman brand, which is a trading name of Olivia Beardsmore, of 22 Celandine Close, Burton-on-Trent, DE15 9JX (referred to as “we/us/our”).
By placing an Order with us, you warrant that (a) you are legally capable of entering into binding contracts and (b) you are at least 18 years old.
- Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Consumer” is as defined in the Consumer Rights Act 2015;
“Contract” means the contract for the purchase and sale of the Goods, as explained in clause 2;
“Customer” means you, the individual placing an Order with us;
“Goods” means merchandise and other physical goods available for purchase from our Website;
“Order” means your order for the Tickets and/or Goods;
“Order Confirmation” means our acceptance and confirmation of your Order as described in clause 2;
“Subscription” means our subscription service as detailed in clause 4.7;
“Ticket” means a ticket for our events, festivals and/or classes; and
“Website” means www.burningwoman.co.uk.
1.2 Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as email.
- The Contract
2.1 These Terms and Conditions govern the sale of all Tickets and Goods by us and will form the basis of the Contract between you and us.
2.2 If you wish to place an Order with us, our Website will guide you through the ordering process and you must first create an account. Before submitting your Order to us, you will be given the opportunity to review and amend it. Please ensure that you have checked your Order and that you have read these Terms and Conditions carefully before submitting it. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
2.3 No part of our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending you an Order Confirmation by email. Only once we have sent you an Order Confirmation will there be a legally binding Contract between you and us.
2.4 Our Order Confirmations will be in writing and will contain confirmation of the items ordered with fully itemised pricing including, where appropriate, taxes, delivery and other charges, our identity and contact details, and the estimated delivery date (where applicable).
2.5 In addition to purchasing Tickets, you may also book onto classes, which will be held at some of our events. Certain classes are free but others are payable in addition to the Ticket price – in any case, all classes will need to be booked in advance. Please note that you may book onto classes separately to buying Tickets but you will be unable to gain access to the event to attend the class, unless you have bought a specific Ticket for that event.
2.6 If, for any reason, we do not accept or cannot fulfil your Order, no payment will be taken under normal circumstances. If we have taken payment, any such sums will be refunded to you as soon as possible (and in any event, within 14 days).
2.7 Once your Order has been accepted as detailed in clause 2.3, we cannot accept any changes to it.
- Descriptions and Availability
3.1 We have made every reasonable effort to ensure that all Goods conform to the photographs and descriptions provided on our Website. However, please note that certain colours may look different to the actual colour of Goods, when displayed on your computer, phone or tablet.
3.2 We do not represent or warrant that particular Goods will be available. In particular, please note that Tickets will have a limited number and once they have sold out, you will be unable to purchase them. If Tickets or other Goods are not available, the provisions of clause 2.6 will apply.
- Price and Payment
4.1 The prices will be as shown on our Website at the time of your Order. Early-bird Tickets and other offers will be time limited and will expire at the time shown on the Website. Our prices may change at any time but these changes will not affect any Orders that we have already accepted.
4.2 We have made every reasonable effort to ensure that the prices on our Website are correct. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions on our Website, we will make every reasonable effort to correct them as soon as possible.
4.3 If there is an obvious pricing error on our Website, we will be under no obligation to provide the Order to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the price error is unmistakable and could have reasonably been recognised by you as a mispricing. Prices will be checked when we process your Order.
4.4 All prices include VAT, where applicable.
4.5 Delivery charges are not included in the price of Goods. Delivery options and any related charges will be presented to you as part of the Order process.
4.6 Payment must always be made at the time of Order, together with any applicable delivery charges, and you will be prompted to pay during the Order process.
4.7 You can choose to pay for our Subscription service (when available) through the Website and can select whether you would prefer to pay on a rolling monthly basis, or in advance for an agreed term for a discounted rate. If you opt for the rolling monthly agreement, then you can cancel at any time by contacting us in writing, but please allow 7 days before the recurring payment date to allow for processing of the cancellation. If you opt to pay in advance for an agreed term, then you will be unable to cancel, except in accordance with clause 7 below.
4.8 All payments made via the Website will go through a payment gateway provider, such as Stripe. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to the payment gateway provider’s terms and conditions. A separate contractual relationship will be created between you and this third party and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by them.
5.1 Tickets purchased through the Website will be sent to you electronically, within 24 hours of the date of our Order Confirmation.
5.2 Goods purchased through our Website will normally be dispatched within 7 days after the date of our Order Confirmation. In any event, such Goods will be delivered within 30 days after the date of our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of our control).
5.3 Goods will be delivered by normal post unless otherwise agreed and stated in the Order Confirmation – you may be required to sign for the Order if it is over a certain value. If your Goods have not arrived by the estimated delivery date, you should contact us in writing as soon as possible so we can investigate.
5.4 If no-one is available at your delivery address to receive the Goods and they cannot be posted through your letterbox or left in a safe place nominated by you, the delivery company will leave a delivery note explaining how to rearrange delivery or where to collect the Goods.
5.5 If you do not collect the Goods or rearrange delivery within 7 days, we will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, we will treat the Contract as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also charge you for any reasonable additional costs that we incur in recovering the Goods.
5.6 In the unlikely event that we fail to deliver the Goods within 30 days of our Order Confirmation (or as otherwise agreed in clause 5.2), you may treat the Contract as being at an end immediately if we have refused to deliver your Goods; or in light of all relevant circumstances, delivery within that time period was essential; or you told us when ordering the Goods that delivery within that time period was essential.
5.7 If you do not wish to cancel under clause 5.6 or none of those circumstances apply, you may specify a new (reasonable) delivery date. If we fail to meet the new deadline, you may then treat the Contract as being at an end.
5.8 You may cancel all or part of your Order under clauses 5.6 or 5.7 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 14 days. Please note that if any cancelled Goods are delivered to you, you must return them to us or arrange with us for their collection. In either case, we will bear the cost of returning the cancelled Goods.
5.9 Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Goods.
5.10 The responsibility (sometimes referred to as the “risk”) for the Goods remains with us until delivery is complete as defined in clause 5.9, at which point it will pass to you. You own the Goods only once we have received payment in full of all sums due (including any delivery charges).
- Faulty, Damaged or Incorrect Goods
6.1 By law, we must provide Goods that are of satisfactory quality, fit for purpose, as described at the time of purchase and in accordance with any pre-contract information we have provided. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for the following remedy/remedies:
6.1.1 Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.
6.1.2 If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a replacement. We will bear any associated costs and will provide the replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, we may instead offer you a full refund. If you request a replacement during the 30 calendar day rejection period, that period will be suspended while we provide the replacement and will resume on the day that you receive the replacement Goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
6.1.3 If, after replacement, the Goods still do not conform (or if we have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or reject them in exchange for a refund.
6.2 Please note that you will not be eligible to claim under this clause 6 if we informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to us under this clause 6 merely because you have changed your mind – please refer to clause 7 for this.
6.3 To return Goods to us for any reason under this clause 6, please contact us to arrange for the return. We will be fully responsible for the costs of returning Goods under this clause 6 and will reimburse you where appropriate.
6.4 Refunds under this clause 6 will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund.
6.5 Any and all refunds issued under this clause 6 will include all delivery costs paid by you when the Goods were originally purchased and will be made using the same payment method that you used when ordering the Goods, unless you specifically request that we use a different method.
- Cancelling and Returning Goods if You Change Your Mind: PLEASE NOTE THIS CLAUSE DOES NOT APPLY TO THE PURCHASE OF TICKETS:
7.1 If you are a Consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. Please note this clause does not apply to the purchase of Tickets and once the Contract between you and us is formed, you will not be entitled to cancel the Order.
7.2 For the purchase of Goods, the cooling-off period begins once your Order is complete and we have sent you the Order Confirmation, i.e. when the Contract between you and us is formed. You may also cancel before we send the Order Confirmation.
7.3 If the Goods are being delivered to you in a single instalment, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods. If the Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.
7.4 If you wish to exercise your right to cancel under this clause 7, you must inform us of your decision within the cooling-off period. You may do so in any way you wish, but for your convenience, we offer a cancellation form on our Website. Cancellation by email or by post is effective from the date on which you send us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
7.5 Please note that you may lose your legal right to cancel under this clause 7 if the Goods are sealed for hygiene reasons and you have unsealed those Goods after receiving them.
7.6 Please ensure that you return Goods to us no more than 14 calendar days after the day on which you informed us of your wish to cancel under this clause 7.
7.7 You may return Goods to us by post or another suitable delivery service of your choice. Please contact us to obtain details of the returns address. Please note that you must bear the costs of returning Goods to us if cancelling under this clause 7.
7.8 Refunds will be issued to you within 14 calendar days from:
7.8.1 the day on which we receive the Goods back; or
7.8.2 the day on which you inform us (with evidence) that you have sent the Goods back (if this is earlier than the day under clause 7.8.1);
7.8.3 if we have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform us that you wish to cancel the Contract.
7.9 Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. more than would be permitted in a shop). If we issue a refund before we have received the Goods and have had a chance to inspect them, we may subsequently charge you an appropriate sum if we find that the Goods have been handled excessively.
7.10 Refunds under this clause 7 will be made using the same payment method that you used when ordering the Goods, unless you specifically request that we make a refund using a different method.
8. Cancellations by Us
8.1 We may cancel your Order at any time.
8.2 If we cancel your Order for Tickets or Goods, or if we cancel an event, festival or class for which you have purchased a Ticket, we will confirm this in writing and any payment made to us in advance will be refunded to you within 14 days.
- Our Liability
9.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence or breach of contract. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
9.2 Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.
9.3 It is advised that you check the suitability and ingredients in particular cosmetic Goods before using them and always follow the instructions provided. We will not be liable for any consequences that may arise from your failure to do so, subject always to clause 9.4 below.
9.4 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees or sub-contractors); or for fraud or fraudulent misrepresentation.
9.5 Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a Consumer, where applicable. Further information can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
9.6 If you wish to complain about any aspect of your dealings with us, please contact us in writing in the first instance so we can investigate.
- Events Outside of Our Control (Force Majeure): We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, subsidence, acts of terrorism or war, governmental action, other natural disaster, or any other event that is beyond our control.
- Other Important Terms
12.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business). If this occurs, we will inform you in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
12.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
12.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
12.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions will be valid and enforceable.
12.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
- Governing Law and Jurisdiction: These Terms and Conditions and the Contract between you and us will be governed by, and construed in accordance with, the laws of England and Wales and any dispute will fall within the jurisdiction of the courts of England and Wales.