Terms and Conditions
Conditions of Sale for Event Tickets
By making a purchase from Serendipity (“we”, “us” or “our”) by telephone, in person, online via the desktop or mobile website, or via an agency, you are agreeing to these terms and conditions of sale.
Your contract for the purchase of tickets is formed as soon as we have processed your payment and will expire immediately after the performance of the event for which you have purchased tickets.
- All tickets, prices, concessions and discounts are subject availability and can be changed and/or withdrawn at any time, without prior notice.
- The number and type of tickets available in each price band is limited and can vary.
- Only one concession or discount can be applied per ticket purchased and cannot be applied retrospectively.
- If you have purchased concession seating, proof of concession (for example of age or student status) may be required and must be presented upon request. Registered Unemployment discount is applicable subject to presentation of proof of eligibility.
- Any access requirements must be made known to staff at the time of booking. This includes, but is not limited to, seats being removed to enable the customer to remain in their wheelchair, wheelchair storage following a transfer, storage of Motability scooters, specific seating (i.e. Close to the stage, avoidance of steps, on an aisle).
- When tickets are collected/emailed, the cardholder may need to present the card that the tickets were booked on as identification. You may also be required to present your photo ID for discounted tickets.
- Tickets will generally be delivered via email.
- One free ticket is available for carers of customers requiring access assistance, subject to availability.
- Tickets are not refundable except in the case of a cancelled or rescheduled performance. Changes to the cast for a performance will not entitle you to a refund.
- Where a performance is cancelled or re-scheduled, we will use our reasonable endeavours to notify you using the details you have provided us with at the time of booking. Serendipity cannot be held responsible for any costs incurred by you for travel, accommodation or any other related service as a result of a cancelled performance.
- Tickets are exempt from statutory cancellation rights. This means that you are not entitled to cancel your tickets after purchase.
- All tickets are sold in accordance with the Data Protection Act 2018.
- All performance details and content descriptions are correct at the time of going to print and are subject to change and interpretation.
- We are not responsible for the content of any third-party website and will not honour any discounts or other offers from third parties which are not present in Serendipity’s marketing.
- Tickets are not transferable to other shows and cannot be sold, resold or offered for sale by customers. Only tickets purchased via our website or our approved agents are valid for admission. Serendipity will cancel any ticket re-sold or offered for re-sale by the buyer for commercial gain and the ticket holder will be refused entry. We will blacklist any buyer if the buyer resells or offers for re-sale any ticket through a secondary ticketing facility as defined in the Consumer Rights Act 2015.
- For the protection of children, on selected performances and at our sole discretion, children and infants may not be permitted to attend. Performances where an age restriction applies are clearly indicated during the booking process. Please ensure that you read all the information that applies to the ticket you are booking, and carry proof of age if appropriate.
- We will not be responsible for any ticket that is lost, stolen or destroyed. Duplicates may be issued at our sole discretion.
Conditions of Sale for Products and Services
Please read these Conditions carefully before ordering products and services (referred to as ‘Goods’). You agree to be bound by these Conditions upon ordering any Goods. These Conditions will apply to any Order for Goods placed by you and to the contract between us for the sale of such Goods to you.
- Formation of Order and Acceptance
- You may place an Order:
- if it is made on an official Serendipity order form; or
- online through the ordering process on the Site; or
- in such form of written memorandum as you and Serendipity may find acceptable; or
- by telephone;
- in person at our office or at marketplaces or stalls;
- After you place the Order, you should receive an email from us acknowledging that we have received the Order. Where you have not supplied your email address with the Order, but we hold an email address for you in our system, we will send the acknowledgment to that email address. This is when the contract is made between us.
- We may refuse the Order for any reason at our sole discretion.
- Please note that certain goods and promotions are only available in mainland United Kingdom and, as such, may be unavailable in the region or country from which you are accessing the Site and / or published materials.
- Description of Goods
- Any photographs, samples, drawings, descriptions or illustrations contained in our published materials (including on the website), are issued or published solely to provide you with an approximate idea of the Goods they describe: they do not form part of the contract between you and us for the sale of the Goods and are subject to correction without any liability on the part of Serendipity. We may make minor changes, which do not materially affect the performance of the Goods, to the specification of the Goods at any time and without notice.
- The images of the Goods shown in the electronic or printed catalogue are for illustrative purposes only. Variations in the colour due to photography, publishing or your computer’s display can occur. You acknowledge that the Order is placed at your own risk if, for example, the colour, shade representation, dimensions or texture of the Goods differs from the image in the published materials.
- If we discover an error in the price of the Goods you have Ordered (e.g. incorrect price displayed in one of our catalogues, online or in any other materials or media), we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling the Order.
- Please always read labels, warnings and directions where applicable.
- Title in the Goods shall not pass to you until both: (i) payment is received by us for the Goods; and (ii) no other amounts are outstanding from you to us in respect of any other goods supplied by us to you.
- We can recover any Goods in respect of which ownership has not passed to you in accordance with clause 5.1 above at any time. You agree to, immediately following written request from us, allow us access to the Goods in order to facilitate such recovery.
- Price and Payment
All prices are quoted in pounds Sterling, unless otherwise agreed in writing, and are:
- Inclusive of VAT or applicable tax;
- Exclusive of any applicable bank charges, which will be added to the total amount due;
- Exclusive of delivery charges (including but not limited to carriage, freight and insurance). We may invoice you for delivery charges on a separate invoice to the Goods; and for international destinations, unless otherwise agreed in writing between the parties.
- Exclusive of any applicable import duties and taxes, which are levied once the Goods reach the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
- If you do not have credit terms with us, payment for all Goods, or certain other sums which become payable, must be made in advance by credit or debit card (UK only), BACS or by cleared Sterling cheque.
- If you have credit terms with us, we may invoice you for the Goods on or around the date we have despatched the Goods to you. You must pay the invoice in cleared monies within the time period stated on the invoice.
- If you do not make any payment due to us by the due date for payment, we may charge interest and compensation to you on the overdue amount at the rate specified in the Late Payment of Commercial Debts (Interest) Act 1998.
- Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any Order (both the one to which the payment relate(s) and any other Order) until you have paid the outstanding amounts.
- Risk in the Goods shall pass to you when the Goods are delivered to, or collected by, you or your agent.
- Dates for delivery of the Goods are estimates only and are subject to our availability schedule. We shall make every reasonable effort to meet any delivery date(s) acknowledged but shall not be liable for failure to meet such date(s).
- We will deliver the Goods to the designated address in the Order, or such other address as we both agree. You should ensure that you are, or a trusted representative is, physically present at the time of delivery. We will presume that any person at any address you specify has the authority to receive the Order on your behalf.
- If we are unable to deliver the whole of the Order at one time due to, for example, operational reasons or shortage of stock, we may deliver the Order in instalments. There will be no additional delivery cost for this. Where Serendipity exercises its right to deliver the Order in instalments, the original contract shall be deemed varied and divided into separate contracts for each instalment.
- Deliveries shall be made by us or an appointed third party to the delivery premises. Where you request delivery to be made to a location within the delivery premises, you shall advise us accordingly at the time of placing the Order for which there may be an additional charge.
- Delivery lead times will vary according to destination and mode of transport. If delays occur for any reason we will make every effort to keep you informed, however, we can not accept responsibility for any delays caused by third parties (including force majeure, strike action or operational issues).
Serendipity may, at its sole discretion, accept or reject any requests for amendments to Orders prior to despatch.
- Cancellations and Returns
- If you are a Consumer, you have a legal right to cancel the Order and request the return of the Goods under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 up to fourteen (14) days after the day on which you receive the Goods. This means that, during the relevant period, if you change your mind or decide for any other reason that you do not want to receive or keep the Goods, you can notify us of your decision to cancel the Order (our details can be found on the ‘contact us’ section on the Site) and receive a refund for the price you have paid for the Goods, together with the original delivery charges (if applicable). This cancellation right does not apply in the case of non-returnable Goods (including event tickets specified above). We also provide the above fourteen (14) day cancellation right to our UK Business customers.
- If you cancel the Order, you must contact us no later than fourteen (14) days from delivery of the Goods for us to agree to arrange return of the Goods. All Goods must be unused and in their original boxes and packaging, including any manuals, software or accessories supplied with the Goods. You should send the Goods back by following the instructions given to you no later than fourteen (14) days from the day on which you communicated your cancellation to us.
- If we will refund monies to you, we will usually refund you by the method of payment you used, for example, if you paid for the Goods by Bank transfer, we will ask for your Bank details so we can refund you by Bank transfer.
Returns of the Goods will not be accepted in the following circumstances:
- The Goods were made to your own specification, personalised or customised, or configured to order
- Products that have been unsealed
- Digital products that have been downloaded
- Damage in transit – we will accept responsibility for damage, storage or loss in transit only ifyou report the damage or loss within fourteen (14) days of receipt of the Goods. Failure to notify us within fourteen (14) days of receipt will invalidate any claim with regard to the Goods and such loss or damage is noted on the consignment note or delivery document upon receipt. The packaging of the damaged item is retained for inspection; andthe Goods are handled by you in accordance with our, or the carrier’s, conditions of carriage or handling stipulations.
Where we accept responsibility, we shall at our option replace, repair or refund any Goods proved to our satisfaction to have been lost or damaged in transit.
Serendipity warrants the Goods to:
- Be free from material defects in design, material and workmanship;
- Comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
- The warranty in clause does not apply to any defect in the Goods arising from:
- Fair wear and tear;
- You, or any third party, not taking sufficient care, wilful damage or accident;
- Improper use or installation;
- Use of the Goods outside the specifications, or specific application, relating to the Goods; or
- Where the Goods have been repaired or modified by persons not authorised by us.
- Without prejudice to your statutory rights, and except as set out in these Conditions, all warranties, conditions, guarantees or representations as to description, merchantability or fitness for a particular purpose, or other warranties, conditions, guarantees or representations, whether express, implied by statute or otherwise, oral or in writing, are expressly excluded.
- We reserve the right to amend these Conditions from time to time without notice by updating the same on the Site.Neither party shall be liable to the other for any delay in or failure to perform its obligations hereunder (other than a payment of money) provided that such a failure is due to causes beyond its reasonable control, including without limitation, strikes, lockouts or other industrial action by workers, employers, trade disputes, accidents on land or sea, government interference, war or hostilities, riot or civil commotion, earthquake, flood, fire or other natural physical disaster, Government action or legislation.
- Failure by either party to exercise or delay in exercising any of these Conditions shall not constitute or be deemed to be a waiver of either party’s rights hereunder nor prejudice our or your rights to take subsequent action.
- Any notice required to be given under these Conditions shall be in writing and shall be sent to the address of the customer set out in the Order (for notices to be sent to you) or the registered office of Serendipity (for notices sent to us). Any notices sent to us via email will only be valid if they are sent to: firstname.lastname@example.org.
- Nothing in these Conditions shall make either party the agent or partner of the other or give either party the power to bind the other.
- Nothing in these Conditions shall confer on any third party any right or benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
- You agree to maintain in confidence and not disclose, reproduce or copy any materials, documentation or specifications which are provided to you hereunder. You shall be responsible for ensuring that your employees, agents, sub-contractors and any other party performing your obligations or exercising your rights under or in connection with these Conditions and/or any other agreement that you may have with us are bound by the same obligations and that such obligations endure beyond any termination of employment with you.
- Additional Terms for Consumers
- Limitation of Liability. If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the contract relating to the relevant Order.
- Where digital content supplied by us is proven to have caused damage to your device or other digital content, we may choose to either repair the device or digital content, or offer you compensation. Any compensation shall: (a) be reasonable in all the circumstances; and (b) only be payable where the damage would not have occurred if we had exercised reasonable care and skill.
- Where you are a Consumer, we only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not in any way exclude or limit our liability for:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation;
- Any breach of the terms of sections 9 – 17 of The Consumer Rights Act 2015;
- Any breach of the terms of sections 34 – 37 and section 41 of The Consumer Rights Act 2015 (relating to digital content) where the Consumer has purchased the digital content. Where we have provided the digital content free of charge, sections 34 – 37 and section 41 of The Consumer Rights Act 2015 are expressly excluded; and
- Any breach of the terms of sections 49 – 52 of The Consumer Rights Act 2015.
- Defective products under Part I of the Consumer Protection Act 1987; or
- Any other matter in respect of which law prescribes that liability may not be excluded or limited.
- Additional Terms for Businesses
- We shall not in any circumstances be liable to businesses, whether in contract, tort (being a form of civil wrong) (including for negligence or breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent) or otherwise for:
- loss of profits; or
- loss of business; or
- depletion of goodwill or similar losses; or
- loss of anticipated savings; or
- loss of goods;
- loss of use;
- any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
- Our total liability to you in respect of all losses arising under or in connection with the Order, whether in contract, tort (including negligence), breach of statutory duty, including damage to tangible property, shall in no circumstances exceed the price paid by you for the Goods.
- You agree that we will not be liable for any loss arising out of the provision of Goods or services by any company, organisation or person other than Serendipity or for any loss caused by your failure to perform your obligations in relation to the Order.
- Authority -You confirm that you have authority to bind any business (including school/nursery/after school club) on whose behalf you Order any Goods.
- Entire Agreement – these Conditions, together with any contract documents we provide you, constitute the entire agreement and understanding between the parties relating to the subject matter. These Conditions supersede and cancel all prior agreements, statements, representations, understandings, negotiations and discussions, whether oral or written, between the parties. Each of the parties acknowledges and agrees that in entering into any Order it has not relied on (or has been induced to enter into any Order by) any statement, representation, warranty or understanding made prior to these Conditions. Nothing in this clause excludes any liability for fraudulent misrepresentation.
- Governing Law
These Conditions shall be governed by and construed in all respects in accordance with the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the English Courts.
SERENDIPITY CONNECT TERMS AND CONDITIONS
This document sets out the terms and conditions that apply to Serendipity Connect membership of Serendipity Institute for Black Arts and Heritage, and is entered into with the named individual or corporate subscriber. Serendipity Institute for Black Arts and Heritage reserves the right to change these Terms and Conditions at any time and undertakes to communicate material changes to all members.
Connect Membership entitles the subscriber to benefits including, but not limited to, e-magazine(s), the opportunity to subscribe to e-newsletter services and discounts for Serendipity Institute for Black Arts and Heritage events, (including priority notification and bookings) and other services as offered. These benefits and services may alter from time to time, with the current offer always listed on our website.
Anyone with an interest in Serendipity’s programme and work may join as a member through one of its schemes. Serendipity Institute for Black Arts and Heritage reserves the right to refuse membership.
Becoming a member of Serendipity Institute for Black Arts and Heritage, carries no legal responsibility for the member in respect of Serendipity Institute for Black Arts and Heritage, nor does it carry voting rights at meetings or liability in respect of any debts of Serendipity Institute for Black Arts and Heritage. The term ‘member’ is the name used to describe the group of people and organisations that access Serendipity Institute for Black Arts and Heritage’s services and benefits via a paid subscription programme.
Annual membership fees are payable at the point of joining, and are received/taken as one payment. Membership runs for one year from the date of joining. Prices for membership fees are provided on our website and in membership publicity.
Monthly membership fees are taken from your chosen payment method on the same day each calendar month. This day is determined by your sign up day. Eg: If membership is taken out on the 3rd of the month, subsequent fees are taken on the 3rd day of each month. Prices for membership fees are provided on our website.
Memberships are automatically renewed after 12 months unless members choose to cancel. We will contact you 1 calendar month before this renewal is due. Members must give written instruction if they wish to cancel. Membership will lapse and become void if monies due remain unpaid after 30 days.
Membership fees can be paid by PayPal or American Express, Discover, MasterCard or Visa credit/debit card. Use of PayPal.com is subject to their own terms and conditions of use.
Membership is not transferrable. Insider and VIP memberships are non-refundable unless Serendipity Institute for Black Arts and Heritage fails in its duty to provide you with the benefits and services stated at the time your membership was purchased. This case should be put in writing. You have the right to withdraw your membership at any time and without providing reason however a refund for the ‘unused’ portion of the membership will not be provided.
Serendipity Institute for Black Arts and Heritage reserve the right to cancel your membership at any time should we anticipate that it will not be possible to continue to provide membership benefits and services for a continuous period of 90 days or more. However, we shall use our reasonable endeavours to give you reasonable advance notice if we intend to withdraw services or benefits on a permanent basis.
Serendipity Institute for Black Arts and Heritage accept no liability whatsoever for any harm, damage, or loss, howsoever caused, which results through being a member of Serendipity Connect.
These Terms shall be governed by and construed in accordance with the laws of England. The Courts of England shall have exclusive jurisdiction to hear or decide any claim, action or proceedings and to settle any disputes arising out of or in connection with the Terms, and for these purposes each party irrevocably submits to the jurisdiction of the English Courts.