Terms and Conditions of Ancestryshop.co.uk

This website is operated by Ancestry.com UK (Commerce) Limited (referred to as "we", "us" or "our"). This is the online shop of the internet services, Ancestry.co.uk.

These Terms and Conditions of Use ("these Terms") will apply when you access and use Ancestryshop.co.uk ("the Ancestry Shop") and place orders to purchase any of the products and services on the Ancestry Shop.

If you are unable to agree to these Terms then you must not use the Ancestry Shop or place any orders for goods.

By placing an order with us you are accepting these Terms and the accompanying PRIVACY STATEMENT and making us an offer to buy our product(s). If we accept your offer, then a binding contract will come into force between us on the basis of these Terms.

In accordance with the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel. Please see condition 9, "Returns and refunds", for further information.

If you are under the age of 18, you may not access nor use the Ancestry Shop, unless you obtain permission of your parent or legal guardian (collectively "Guardian") and your Guardian has confirmed to us that he or she takes full responsibility for your access and use of the Ancestry Shop. "You" or "your" means a permitted user of the Service or, in the case of minors, the Guardian of such minor.

1. Your account

This section is only applicable when you have an account and have been issued with a password, which will not always be the case.

If you use the Ancestry Shop, you are responsible for maintaining the confidentiality of any account and password that you may have been issued with and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.

We reserve the right to refuse access to the Ancestry Shop, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

2. Contact Us

If you experience any problems with your order or in using the Ancestry Shop or you have any other general queries about the Ancestry Shop, please contact us at the address below and we will be happy to assist you (please note, this is for Ancestry Shop related issues).

Address:
Ancestry Shop
PO Box 150
Sandbach
Cheshire
CW11 3WB
Email: service@ancestryshop.co.uk
Tel: 0845 688 5114 during business hours (9am-6pm GMT Monday to Friday, excluding UK Bank Holidays and Public Holidays).
If there are any terms in these Terms that you do not understand we suggest you contact us before proceeding.

3. Your conduct

You must not use the Ancestry Shop in any way that causes, or is likely to cause, the Ancestry Shop or access to it to be interrupted, damaged or impaired in any way.

You must not use the Ancestry Shop for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.

4. Access to the Ancestry Shop

We will do our best to ensure that availability of the Ancestry Shop will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Since all we can do is control the servers hosting the Ancestry Shop, we are not responsible if you cannot access it properly or at all because your ISP connection, the Internet generally or your browser software is inadequate or functioning badly or not at all, or if your ISP suspends or terminates their service to you, or because of any other event outside our control. If you cannot access the Ancestry Shop properly or at all because of any of these reasons, we will not refund any money you have paid.

5. Placing an order

We have set out below a summary of the steps that you need to follow in order to place an order to purchase any of the goods that appear on the Ancestry Shop and thereby conclude a legally binding contract with us for the sale of the relevant goods.

Step one: Add Items to Your Shopping Basket

Select the items that you wish to purchase and add these to your shopping basket. When you are ready proceed to the checkout.

Step two: Enter address details for billing and delivery

You will be required to enter your address details for delivery and, if different, for payment. You will need to retype these details at each shopping occasion.

Step three: Review and confirmation

You will be given the opportunity to review and confirm the details of your order, including the delivery address, preferred payment method and product details. No credit card details are taken at this stage.

Step four: Checkout

You will be required to enter details of the credit card or payment method with which you wish to pay and you will be given an opportunity to accept or reject further communications from Ancestry.com UK (Commerce) Limited, Ancestry.com Operations, Inc. and carefully selected third parties.

6. Email confirmation

When you place an order for any product from the Ancestry Shop, we will send you an email confirming receipt of your order, together with your order number for reference.

We recommend you print and save a copy of this confirmatory email, together with a copy of these terms and conditions for your records.

Your order represents an offer to us to purchase a product which is accepted by us when the products ordered by you have been dispatched or we send an e-mail to you stating that we've dispatched that product to you ("the Dispatch Email"). That acceptance will be complete at the time we send the Dispatch Email to you or the products have been dispatched if no Dispatch Email is to be sent unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in condition 9, "Returns and Refunds". Any products on the same order which we have not confirmed in the Dispatch Email to have been dispatched do not form part of that contract.

The contract between you and us for the sale of any product will therefore be made and become binding on both you and us when we have dispatched your order. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time that we send the e-mail to you (whether or not you receive that e-mail) or the products have been dispatched. If we are unable to fulfil your order for any reason, we will inform you by email and your order will be cancelled. Where this is the case, and we have processed your payment we will refund or credit your credit or debit card.

7. Payment

You will also receive an e-mail from Secure Trading who manage payment card processing for us, regarding validation of your method of payment. If accepted, your credit or debit card will be debited. If rejected, and you do not provide an alternative credit or debit card which is accepted, the order will not be processed. We use Secure Trading to validate your payment online before you receive an order number. Secure Trading uses software to check for fraudulent use and link to the banks for credit limits and notification of lost and stolen cards. The receipt of an email from Secure Trading is to confirm that they have been authorised to process payment. It does not create a binding contract between us and you.

8. Processing and Delivery of your Order

We reserve the right, at any time prior to our communicating our acceptance to you, to refuse any order or any part of an order, or to require further or better information to enable us to evaluate and/or process the order.

We will do all we reasonably can to meet a delivery time but where, for circumstances beyond our reasonable control we cannot do so, we will contact you and advise of an alternative date. If we are unable to fulfil your order for any reason, we will inform you by email and your order will be cancelled. The risk in any goods you purchase and the responsibility to insure them will pass to you when the relevant goods are delivered to you.

9. Returns and refunds

It is important to us that you are satisfied with your Ancestry Shop experience. If you are not completely satisfied with our goods you have the right to cancel your order up to 21 days after receipt of your product and receive a full order refund or exchange. We will make all refunds to the card used for payment as soon as possible which we would expect to be within 14 days of the date of cancellation. The refund will be the cost of the returned goods together with the original delivery fee if the goods are being returned because they can be shown to have been faulty or damaged when they were received by you. Please note that this does not apply to items personalized (including Birth, Marriage, Death certificates) or made to your specification; audio or video recordings or computer software (such as CD-ROMs and DVDs) which you have opened, unwrapped or unsealed; newspapers, periodicals or magazines; or perishable goods.

Following any cancellation of the contract you are required to return to us within 21 days those product(s) which you no longer wish to purchase and keep. Under these circumstances you must return the product(s) to us in good condition (either in person or by post). We reserve the right to refuse returns or to charge you our fees and expenses if the product is received otherwise than in accordance with this requirement. We reserve the right to charge you the cost of returning the items by post.

Where you are withdrawing from your purchase up to 21 days after receipt of your product, and there has been no error on our part (including faulty goods), we will refund only the cost of the item. We will not refund the cost of delivery or other services provided to you in connection with your purchase. Please note that you will be responsible for the costs of returning the items to us unless we delivered the item to you in error or if the item is damaged or defective.

If you would like to return an item please contact us on 0845 688 5114 or email service@ancestryshop.co.uk where we will be able to provide you with a return authorisation which will speed up your return and refund process. Alternatively please send you goods in their original condition and packaging to the address in the "Contact Us" at section 2 above marked "Returns".

It is your right to cancel your order within 21 days of receipt of the goods by notifying us of your intentions. Please notify us by email at service@ancestryshop.co.uk or call us on 0845 688 5114. This "Returns and refunds" policy does not take away any rights you may have under consumer law.

10. Customs

When ordering goods from us for delivery overseas you may have to pay import duties and taxes, which are levied once the package reaches the specified destination. These and any other additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from us, you must comply with all laws and regulations of the country in which you are receiving the goods.

11. Rights and licence for access to the Ancestry Shop

All materials contained in the Ancestry Shop are the copyrighted property of Ancestry.com Operations, Inc., or its subsidiaries or affiliated companies and/or third-party licensors.

In the event you download software from the Ancestry Shop, you have a right to use that software, including any files, images incorporated in or generated by the software, and data accompanying the software for your personal, non-commercial home use only. We do not transfer ownership of any of the software to you. You own the medium on which the software is recorded, but we (or other third parties) retain full and complete ownership of the software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the software to a human-readable form.

12. Disclaimer

THE INFORMATION AND MATERIALS CONTAINED ON THE ANCESTRY SHOP, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS AND WE GIVE NO REPRESENTATION OR WARRANTY IN RESPECT OF SUCH INFORMATION AND MATERIALS. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE ANCESTRY SHOP IS ACCURATE, COMPLETE OR CURRENT OR THAT USE OF THE ANCESTRY SHOP IS FREE OF RISK OF VIRUSES OR OTHER DAMAGE. PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. WHERE THE CURRENT PRICE OF THE ITEM AT THE DATE OF THE ORDER IS DIFFERENT FROM THAT STATED ON THE ANCESTRY SHOP, WE WILL NOTIFY YOU AND YOU WILL BE GIVEN THE OPPORTUNITY TO CANCEL THE ORDER. SHOULD YOU CHOOSE TO CANCEL THE ORDER IN THIS CASE, WE WILL EITHER NOT PROCESS YOUR PAYMENT OR, WHERE WE HAVE ALREADY DONE SO, OFFER YOU A REFUND OR CREDIT YOUR CREDIT OR DEBIT CARD.

WE WARRANT THAT ALL GOODS PURCHASED FROM THE ANCESTRY SHOP WILL BE OF SATISFACTORY QUALITY AND FIT FOR PURPOSE IN ACCORDANCE WITH THE SALE OF GOODS ACT 1979 AND THAT WE WILL PROVIDE ANY SERVICES TO YOU WITH REASONABLE SKILL AND CARE. NOTHING IN THESE TERMS SHOULD BE TAKEN AS EXCLUDING OR RESTRICTING THESE WARRANTIES OR ANY OTHER RIGHTS WHICH APPLICABLE LAW GRANTS TO CONSUMERS IN RESPECT OF SUCH PRODUCTS.

INDIVIDUAL PRODUCTS MAY BE THE SUBJECT OF ADDITIONAL WARRANTIES OR GUARANTEES GIVEN BY THEIR MANUFACTURERS DIRECTLY. SUBJECT TO THE STATUTORY OR OTHER LEGAL RIGHTS AFFORDED TO CONSUMERS AND WITHOUT PREJUDICE TO THE PRECEDING PARAGRAPH, SUCH WARRANTIES AND GUARANTEES ARE NOT ENFORCEABLE AGAINST US, BUT ONLY AGAINST THE PERSON GIVING THEM.

13. Our Liability

WE DO NOT LIMIT IN ANY WAY OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR CONCEALMENT.

Ancestry.com UK (Commerce) Limited AND ITS ASSOCIATED COMPANIES ACCEPT LIABILITY FOR DAMAGE TO PROPERTY WHERE AND TO THE EXTENT THE DAMAGE ARISES FROM THE NEGLIGENCE OF Ancestry.com Operations, Inc., OR OF ITS SUBSIDIARIES OR OF ITS SERVANTS AND AGENTS, UP TO A LIMIT, IN RELATION TO ANY ONE EVENT OR SERIES OF EVENTS ARISING FROM A COMMON CAUSE, OF I) WHERE THE EVENT IS OR RELATES TO THE PURCHASE OF ANY PRODUCT, FIVE (5) TIMES THE PRICE PAID FOR THAT PRODUCT; OR (II) IN ANY OTHER CASE, FIVE HUNDRED POUNDS (£500).

IF WE BREACH THESE TERMS WE ACCEPT LIABILITY TO YOU FOR ANY LOSSES WHICH ARE A DIRECT AND REASONABLY FORESEEABLE CONSEQUENCE OF THAT BREACH, UP TO A LIMIT, IN RELATION TO ANY ONE EVENT OR SERIES OF EVENTS ARISING FROM A COMMON CAUSE OF FIVE HUNDRED POUNDS (£500).

WE DO NOT ACCEPT LIABILITY FOR ANY LOSS WHICH IS NOT A DIRECT AND REASONABLY FORESEEABLE CONSEQUENCE OF THE RELEVANT BREACH OF THESE TERMS HOWSOEVER ARISING AND EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.

14. Your liability

You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or otherwise as a result of your use of Ancestry Shop.

15. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control. This term does not affect your statutory rights as a consumer.

16. Alteration of services or amendments to these Terms

We reserve the right to make changes to our website, policies, and these Terms at any time. You will be subject to the policies and conditions of these Terms at the time that you use the Ancestry Shop or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

17. Waiver

Any failure by us to enforce any of these Terms shall not affect our right to require such performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these Terms be taken to be a waiver of the provision or provisions itself.

18. Entire Agreement

These Terms shall replace any prior agreements or arrangements which may have existed between us, provided that the information you have given to us is not incorrect or fraudulent.

19. Severability

If any of these Terms is deemed invalid or unenforceable for any reason then the relevant term shall be considered to be severable from, and shall not affect the validity and enforceability of, the rest of these Terms.

20. Third Party Sites

The Ancestry Shop may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Ancestry Shop or third-party content on our site. We do not endorse any of the merchandise and nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content.

CONSEQUENTLY, WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THESE OR ANY OTHER SITES LISTED IN ANY OF OUR DIRECTORIES AND CANNOT BE HELD RESPONSIBLE FOR THE CONTENT, AVAILABILITY, ACCURACY, RELEVANCE, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN THOSE SITES. We reserve the right to disable links from the third-party sites to the Ancestry Shop at any time.

WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY OF THESE THIRD PARTIES.

21. Third parties

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

22. Privacy

Your privacy is very important to us. Please review our PRIVACY STATEMENT which explains how we will use your personal information that you disclose to us in the course of your use of the Ancestry Shop and when placing an order.

23. Governing law and jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of England and any disputes in relation to this Agreement shall be heard by the English courts.

24. General Information

The Ancestry Shop is owned and operated by:
Ancestry.com UK (Commerce) Limited
3rd Floor
Waterfront Building
Hammersmith Embankment
Chancellors Road
London, W6 9RU
Registered in England with Company Number 6576240