Terms and Conditions

Date of last update: 20/04/2022

DUKES CLUB

TERMS AND CONDITIONS

You must read these Terms and Conditions before you browse our website, and/or before you apply for a Dukes Club membership, and/or before you purchase any goods from the Dukes Club Rewards online shop.

ABOUT US

The Dukes website, the Dukes Club membership, and the Dukes Club Rewards online shop are owned and operated by entities within the Dukes group. This means that these Terms and Conditions constitute a binding legal contract between you and the following entities within the Dukes group:

- Dukes Education Group Ltd, a company registered in England and Wales with company registration number 09345899, VAT number 248248192, and with our registered office address at 5th Floor South, 14-16 Waterloo Place, London, SW1Y 4AR;

and

- DEG CLUB LTD, a company registered in England and Wales with company registration number 13849494, and with our registered office address at 5th Floor South, 14-16 Waterloo Place, London, SW1Y 4AR,

together, we are “Dukes”/ “we” / “us” / “our”.

You will be notified of any changes made to the Dukes entity that provides goods and/or services to you under this contract, however, this will not affect your legal rights.

You can contact us by emailing us at info@thedukesclub.com, or by writing to us at 5th Floor South, 14-16 Waterloo Place, London, SW1Y 4AR.

ABOUT THESE TERMS AND CONDITIONS

These “Terms and Conditions” are made up of four (4) parts:

PART 1 – The “Website Terms of Use” describes how you may access and browse our website. By accessing and browsing our website, you accept and agree to comply with the Website Terms of Use.

PART 2 – The “Membership Terms” describes how you may apply for a Dukes Club membership; how to register; what membership benefits you may have access to and how you may interact with those; and what the rules of membership are. By applying for a Dukes Club membership, you are required to accept and agree to be bound by the Membership Terms.

PART 3 – The “Terms of Sale” describes how you may make purchases from the Dukes Club Rewards online shop on our website. If you make any purchase from us via the Dukes Club Rewards online shop, you are required to accept and agree to be bound by the Terms of Sale which shall be incorporated into (and therefore form part of) your contract of sale.

PART 4 - Other Terms That Apply To You describes the other terms that apply to you in relation to any of the above aspects.

1. PART 1 – WEBSITE TERMS OF USE

1.1 By accessing or browsing our website, you confirm that you accept these Website Terms of Use and that you agree to comply with them. If you do not agree to these Website Terms of Use, you must not use our website.

1.2 We operate this website in the United Kingdom. If you choose to access or browse our website then, irrespective of your place of residence, your use of the website is deemed to be occurring in the United Kingdom and will be governed by these Website Terms of Use.

1.3 We may make changes to these Website Terms of Use from time to time. You can always check when the Website Terms of Use were last updated by checking the “date of last update” at the top of the page.

1.4 Rules of access

1.4.1 Access to the website is provided on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the website for business or operational reasons. Whilst we will try to give you reasonable notice of any major changes to your rights, we do not guarantee that the website, or any content on it, will always be available or uninterrupted. We will not be liable to you if for any reason the website is unavailable at any time or for any period.

1.4.2 The website is made available free of charge.

1.4.3 Some areas of the website are restricted and may only be accessed by users who have a Dukes Club membership (see PART 2 – MEMBERSHIP TERMS for more information)

1.4.4 We only supply the website for domestic and private use, and for general (non-commercial) information purposes only. The content of the website is not intended to amount to advice on which you should rely. You agree not to use the website, or any content on the website, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

1.4.5 If you would like to work with us (for example, to promote your business via our website) you can contact us via the Contact Us page on the website. Any commercial relationship entered into between you and us will be governed by separate business terms and conditions (and not these consumer Terms and Conditions).

1.4.6 Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.

1.5 Your responsibilities

1.5.1 You are responsible for making all arrangements necessary to have access to the website.

1.5.2 You are responsible for ensuring that all persons who access the website through your internet connection are aware of these Website Terms of Use (and any other applicable Terms and Conditions) and that they comply with them.

1.5.3 We do not guarantee that the website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platforms in order to access the website and we recommend that you use your own antivirus protection software.

1.5.4 You agree not to:

(a) use the website in any way that breaches these Website Terms of Use (or the Terms and Conditions generally) or any applicable local, national or international law or regulation;

(b) copy, or otherwise reproduce or re-sell any part of the website unless we expressly permit you to do so;

(c) do anything that might damage, disrupt or otherwise interfere with the operation of the website or any equipment, network or software used in operating the website;

(d) misuse the website by knowingly introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful;

(e) attempt to gain unauthorised access to any area of the website, the server on which the website is stored, or any server, computer or database connected to the website; and

(f) attack the website via a denial-of-service attack or a distributed denial-of service attack.

2. PART 2 – MEMBERSHIP TERMS

2.1 By applying for a Dukes Club membership, you confirm that you accept these Membership Terms and that you agree to comply with them. If you do not agree to these Membership Terms, you will not be eligible to apply for or participate in a Dukes Club membership.

2.2 We may change the Membership Terms from time to time. If you are a registered Dukes Club member, we will provide you with at least thirty (30) days’ advance notice of any changes (unless the change is due to a change in law or for security reasons, in which case, we may need to make changes on shorter notice). If you do not wish to continue using your membership following the changes, you can cancel your membership without penalty (see section 2.7.3 below for instructions on how to cancel your membership).

2.3 Eligibility

2.3.1 The Dukes Club membership program is offered at our sole discretion.

2.3.2 We only accept members to the Dukes Club who are over the age of eighteen (18).

2.3.3 Currently, we offer the following categories of membership:

(a) Our “Household Membership” is directed at parents, legal guardians, or authorised carers of children who currently attend a Dukes nursery, school or college;

(b) Our “Dukes Club Membership” is directed at parents, legal guardians, or authorised carers of children who have purchased a service from the organisations within the ‘Beyond The Classroom’ division of Dukes Education (for example, consultancy, summer school, camp, course, program, or other education product);

(c) Our “Friend of Dukes Membership” is directed at: (i) parents, legal guardians, or authorised carers of children who have previously attended a Dukes nursery or school, or college; and (ii) any other person who we may elect to invite to this type of membership in our sole discretion;

(d) Our “Alumni Membership” is directed at alumni students who have previously attended a Dukes nursery, school, or college and have passed their eighteenth (18^th) birthday;

(e) Our “Staff Membership” is directed at our staff and employees; and

(f) Our "Guest Membership” is a limited access membership directed at any person who we consider requires temporary access to the Dukes website and/or the Dukes Club membership. This membership is only valid for a temporary period and you will be informed of the automatic expiry date at the point of registration.

2.3.4 All membership types are only available to individuals for their personal and private use only. You agree not to use your membership for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If you would like to work with us (for example, to promote your business via our website) you can contact us via the Contact Us page on the website. Any commercial relationship entered into between you and us will be governed by separate business terms and conditions (and not these consumer Terms and Conditions).

2.3.5 Our membership program is limited to one account per individual. This means that only one membership can be created in association with a single email address.

2.4 How to apply for a membership and register your details

2.4.1 Our membership applications are by invitation only. If you receive an invitation to apply for membership, you can follow the link in the invitation to our website or alternatively you can navigate to the registration page via our homepage.

2.4.2 In applying for a membership, you will be asked to provide certain information, as follows. All personal data that we collect will be processed in accordance with our Privacy Policy which you can access by clicking here . You are responsible for ensuring that all of the information that you provide to us in connection with your membership account is complete and accurate and you must notify us immediately if there are any changes to the information that you have provided to us.

(a) If you are applying for a Household Membership, you will be required to provide your full name, your email, and your nursery / school / college affiliation (including the year group(s) of your child / children). You will also be asked (but not required) to provide a contact number, the full name(s) of your child / children, the date(s) of birth of your child / children, and your marketing communication preferences.

(b) If you are applying for a Dukes Club Membership, you will be required to provide your full name, your email, and your Beyond The Classroom activity affiliation. You will also be asked (but not required) to include the date of purchase, a contact number, the full name(s) of your child / children, the date(s) of birth of your child / children, and your marketing communication preferences.

(c) If you are applying for a Friend of Dukes Membership, you will be required to provide your full name, your email, and your organisation’s affiliation. You will also be asked (but not required) to provide a contact number, and your marketing communication preferences.

If you already have a Household Membership that is being converted into a Friend of Dukes Membership in accordance with the terms of that membership, you will not be required to provide any new information on conversion.

(d) If you are applying for an Alumni Membership, you will be required to provide your full name, your email, your nursery / school / college affiliation, and your year of graduation. You will also be asked (but not required) to provide a contact number and your marketing communication preferences.

(e) If you are applying for a Staff Membership, you will be required to provide your full name, your email, your job title, and your nursery / school / college / education product affiliation. You will also be asked (but not required) to provide a contact number, your teaching subject(s), the date on which you joined Dukes, and your marketing communication preferences.

(f) If you are applying for a Guest Membership, you will be required to provide your name, email, your Dukes Education affiliation (which may be the group as a whole). You will also be asked (but not required) to provide a contact number, your organisation details, and your marketing communication preferences.

2.4.3 In order to process your application, we may need to verify your eligibility. In order to do this, we may need to contact the Dukes nursery, school, college, or Beyond The Classroom provider that you are connected or affiliated to or with. In applying for a membership, you consent to us sharing your application information in this way.

2.4.4 You will be asked to choose a password to secure your membership account. It is your responsibility to keep your membership account details safe, secure and confidential. You must not permit anyone else to access your membership account. You must not share your login details (including your username or password) to your membership account with any other person. If you know or suspect that anyone else knows how to (or has) accessed your membership account, you must promptly notify us at info@thedukesclub.com. If we consider that there is a security risk to you, us, or any other members, we have the right to disable your membership account.

2.4.5 After we have received your application, it will be considered by a member of our membership team. We are under no obligation to accept any application for membership, and we reserve the right to reject any application for any reason whatsoever without providing reasons.

2.4.6 If your membership is accepted, you will be notified by email.

2.4.7 All memberships are provided free of charge. If we need to charge a membership fee in the future, you will be notified of this and given the opportunity to elect whether to pay the fee or cancel your membership.

2.5 Linking Memberships

2.5.1 It is possible to link membership accounts as follows:

(a) a Household Membership can only be linked with another Household Membership;

(b) a Dukes Club Membership can only be linked with another Dukes Club Membership;

(d) a Staff Membership can only be linked with another Staff Membership;

(e) an Alumni Membership cannot be linked with any other membership; and

(f) a Guest Membership cannot be linked with any other membership.

2.5.2 Linking accounts means that both linked members will receive the same information and alerts from us concerning the child / children associated with the accounts.

2.5.3 You can request that your account be linked when you apply for your own membership. The consent of both members would be required before we are able to activate membership linking. In the future, we may also be able to activate membership linking after the point of account application and registration. If you would like more information on membership linking at any time, please contact us via the Contact Us page on the website.

2.5.4 When linking your account as set out above, the following will apply:

(a) each linked member maintains their own separate log in and account and these are not merged;

(b) certain information that directly concerns the associated children is shared information, and each linked member has the right to view and update that shared information across all linked accounts (for example, children’s names; dates of birth; nursery, school, college or Beyond The Classroom affiliations; and years of study / graduation); and

(c) neither linked member has the right to view or update any other non-shared information whatsoever on another member’s account (for example, another member’s name; contact details; or payment details).

2.6 Membership benefits

2.6.1 Currently, the membership benefits as set out in sections 2.6.3 to 2.6.6 below are available to members with a Household Membership, a Dukes Club Membership, a Friend of Dukes Membership, an Alumni Membership or a Staff Membership (but these benefits are not available at this time to members with a Guest Membership).

2.6.2 We reserve the right to change the membership benefits from time to time for any operational or commercial reason. If such a change will impact your rights in a significant way, we will notify you of this.

2.6.3 Access to content (including but not limited to news, library of education guides and thought pieces, and other information).

2.6.4 Access to the Dukes Club Rewards online shop.

(a) Dukes Club owns and operates an online shop that you can access in the membership portal.

(b) All purchases made via the Dukes Club Rewards online shop are governed by the Terms of Sale in Part 3 of these Terms and Conditions.

2.6.5 Connections with the profiles of other members (“Connect”).

(a) After you have applied for and registered your account, you will have a live profile on the website. You are able to connect with other members by clicking the “Connect” button by a member’s biography. There is no obligation for any member to accept any Connect request.

(b) You are able to request to Connect with other members in accordance with the following limitations:

(i) If you have a Household Membership, you may request to Connect with another member who holds a Household Membership, a Friend of Dukes Membership, or an Alumni Membership;

(ii) If you have a Dukes Club Membership, you may only request to Connect with another member who holds a Dukes Club Membership;

(iii) If you have a Friend of Dukes Membership, you may request to Connect with another member who holds a Household Membership, a Friend of Dukes Membership, or an Alumni Membership;

(iv) If you have an Alumni Membership, you may request to Connect with another member who holds a Household Membership, a Friend of Dukes Membership, or an Alumni Membership; and

(v) If you have a Staff Membership, you may only request to Connect with another member who holds a Staff Membership.

(c) Once you are Connected with another member, you may use our messaging service (“Direct Messages”). The Direct Messages service enables you to communicate with other members that you are Connected with and share content with each other via our website (the Direct Messages Service does not direct messages to or from your external personal email address).

2.6.6 Access to our forum service (“Dukes Club Forum”).

The Dukes Club Forum service enables members to communicate in group conversations with other members and share content with each other via our website (and does not direct messages to or from your external personal email address).

2.6.7 Whenever you make use of a feature that allows you to upload content to the website, or to make contact with other members, you must comply with our acceptable use policy (our “House Rules”) which you can access any time by visiting our FAQ page here . The House Rules are incorporated into and form part of these Terms and Conditions.

(a) You promise that any contribution you make on, in or to the Direct Messages or Dukes Club Forum complies with those standards and you will be responsible for any loss or damage that we suffer as a result of a breach of your promise.

(b) If you supply/upload any content to the website, whether in the Direct Messages or Dukes Club Forum, and whether it be pictures, comments, messages, drawings, photos, graphics, videos, text, sound recordings, customisations, creative concepts, or any other materials or information, this constitutes "User Generated Content".

- is not harmful, obscene, abusive, discriminatory, threatening or offensive in any way;

- is true, honest and accurate so far as you know;

- is lawful;

- does not contain the material or content (or infringe the rights or privacy) of anyone else (for example you must not use images of well-known characters, footage or music unless it is your own or you have permission to use it);

- does not contain anyone else’s personal details or confidential information; and

- does not violate these Terms and Conditions.

(d) We are under no obligation to oversee, monitor or moderate any interactive service (such as the Direct Messages or the Dukes Club Forum).

(e) We are under no obligation to oversee, monitor, moderate, verify or approve any User Generated Content. User Generated Content does not represent our views or values. We shall not be liable for any loss or damage suffered by members as a result of User Generated Content.

(f) Notwithstanding the foregoing, we reserve the right to refuse to accept or cease to use, or to edit or modify, any User Generated Content supplied by any person that we think contravenes these rules. If we do so, we are under no obligation to inform you of the reasons for such intervention. Furthermore, if any User Generated Content supplied by you contravenes any of these Terms and Conditions, we reserve the right to terminate your membership.

(g) If you become aware of any User Generated Content that breaches these Terms and Conditions, please contact us without delay at info@thedukesclub.com, providing your full name and address, along with details of: (i) the date on which it was posted and where it can be found on the website; (ii) the username of the person who posted it; (iii) reasons why the content should be deleted; and (vi) copies of any communication with the person who posted it (if any).

(h) All User Generated Content will be considered non-confidential. This means that we cannot guarantee that any of your User Generated Content will be private or confidential. This is the case even if your User Generated Content is shared in the context of a conversation via the Direct Messages.

(i) All User Generated Content will be considered non-proprietary. This means that, in providing User Generated Content, you grant to us (and to all other members who can access the User Generated Material) the right to use, store and copy that content and to distribute and make it available to third parties, anywhere in the world, and for any reason.

(j) We have the right to disclose your identity to any third party who is claiming that any of your User Generated Content constitutes a violation of their intellectual property rights, or of their right to privacy.

2.6.8 Access to external websites and benefits provided by third party providers.

(a) Certain goods, services, benefits, events, activities, resources and opportunities that are provided by third parties (and not by us) may be presented to you via links on the membership portal. If you follow a link, you will be taken away from our website and onto a third-party website.

(b) Links to third-party websites and platforms are provided for information only. The provision of the links is not an indication of our endorsement or approval by us of those linked websites (or the information you may obtain from them).

(c) We are not responsible for any external websites that we link to and over which we have no control, and we will not be liable for any loss or damage that may arise from your use of them. We are not involved in (or party to) any contracts or transactions that you enter into with any third parties via third party websites (or otherwise).

(d) Your use of, or interaction with, any third-party website or platform would be governed by the terms and conditions of the third-party. We encourage you to read any such legal terms in full before interacting with third-parties.

(e) We may change the links contained in the membership portal from time to time.

2.7 When your membership will come to an end

2.7.1 If you have a Household Membership, we reserve the discretionary right after your child’s final date of attendance or involvement in a Dukes nursery, school or college (as applicable) to either:

(a) Terminate your Household Membership. At this time, you will lose all membership status, access and benefits. We will take reasonable steps to notify you in advance of such account termination; or

(b) Convert your Household Membership into a Friend of Dukes Membership. At this time, we will notify you of any changes that this may have on your user experience, rights and benefits (if any).

2.7.2 If you have a Staff Membership and your employment/engagement with us comes to an end for any reason, we reserve the discretionary right to either:

(a) Terminate your Staff Membership. At this time, you will lose all membership status, access and benefits. We will take reasonable steps to notify you in advance of such account termination; or

(b) Convert your Staff Membership into a Friend of Dukes Membership. At this time, we will notify you of any changes that this may have on your user experience, rights and benefits (if any).

2.7.3 If you have a Guest Membership, you will be informed at the point of registration of a fixed expiry date on when your membership will automatically come to an end. We will send you a reminder before that termination takes effect. Following the automatic termination, you will lose all membership status, access and benefits.

2.7.4 You can choose to terminate your membership earlier by emailing us at info@thedukesclub.com. If you cancel your membership, you will lose all membership status, access and benefits.

2.7.5 We reserve the right to audit, suspend, freeze or terminate any membership if we see inactivity on the account for a period of more than twenty-four (24) months.

2.7.6

3. PART 3 – TERMS OF SALE

3.1 Access and eligibility

3.1.1 If you choose to visit the Dukes Club Rewards online shop, which is operated out of the United Kingdom, in order to purchase goods or services from us then, irrespective of your place of residence, your purchase is deemed to be occurring in the United Kingdom and will be governed by these Terms of Sale (and the Terms and Conditions more generally).

3.1.2 Only private individuals who are at least eighteen (18) years of age are able to make purchases in the Dukes Club Rewards online shop.

3.1.3 Only members who have an active Household Membership, a Dukes Club Membership, a Friend of Dukes Membership, an Alumni Membership or a Staff Membership are able to make purchases in the Dukes Club Rewards online shop. At this time, members with a Guest Membership are not permitted or able to make purchases in the Dukes Club Rewards online shop.

3.1.4 We may make changes to these Terms of Sale from time to time (if, for example, there is a change in the law that means we need to make modifications) but the Terms of Sale applicable at the time of your order will apply to that order.

3.2 Purchases and order process

3.2.1 We may choose to sell a variety of items in the Dukes Club Rewards online shop from time to time including (but not limited to) goods and services.

3.2.2 To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on the website. Products (and packaging) may vary slightly from their pictures. The images on our website 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.

3.2.3 The order process will be in English (at this time, translations at the checkout are not available).

3.2.4 To place an order on the Dukes Club Rewards online shop, you will need to:

(a) select items and add to your cart;

(b) for goods, select preferred delivery method from the options provided;

(c) enter certain information necessary for the processing of the order (for example, as applicable, name, billing and delivery address, email address, payment method and details, phone number, membership number). If you do not supply the requested information, we may not be able to accept or fulfil your order;

(d) the order process will ask you to check your order and correct any errors before you submit it. You are responsible for ensuring that your order details are complete and accurate. Once an order is submitted you are no longer able to make changes and we may not be able to make changes to the information on your behalf;

(e) you will be asked to read carefully and then accept these Terms of Sale;

(f) you will click the ‘Place Order and Pay Now’ (or equivalent) button to conclude your order.

3.2.5 Your order constitutes an offer to us. We shall send you an email to acknowledge receipt of your order. This acknowledgement email does not constitute our acceptance of your order and does not place any obligation on us to accept or fulfil your order.

3.2.6 If we accept your order, we will confirm this in a separate confirmation email. That confirmation email will confirm the information that you included in your order, your order number, an estimated performance date or period (in the case of services) and estimated delivery arrangements (in the case of goods). This is the point at which a legal contract of sale between you and us will be formed. These Terms of Sale (in addition to the other Terms and Conditions) will become legally binding on you and us. We recommend that you store a copy of the contract that you conclude with us as we do not keep electronic copies of these.

3.2.7 If we do not accept your order for any reason, we will inform you of this and you will not be charged.

3.3 Performance of services

3.3.1 We will perform the services on or by the date set out in your order.

3.4 Delivery of goods

3.4.1 We are only able to deliver goods within the United Kingdom. Any orders that request delivery arrangements outside of the United Kingdom will not be accepted or, if accepted in error, will be cancelled by us.

3.4.2 The costs of delivery will be as displayed to you on the website when you place your order.

3.4.3 We will provide you with a delivery estimate during the order process, and will confirm such delivery estimate in the confirmation email after your order is accepted.

3.4.4 If our supply of your order is delayed by an event that is outside of 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.

3.4.5 If no one is available at your address to take delivery of your order, we will leave you a note informing you of how to rearrange delivery or collect your order from a local delivery depot. If, after a failed delivery to you, you do not re-arrange delivery or collect your order from a local delivery depot then we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract of sale between us.

3.4.6 Goods will be your responsibility from the time they are delivered to the delivery address provided by you. You will only own goods once we have received payment in full from you.

3.5 Payment

3.5.1 The prices for goods, delivery, and services will be set out on the website in GBP and are inclusive of VAT.

3.5.2 It is always possible that, despite our best efforts, some of the items may be incorrectly priced. We will normally check prices before accepting your order. Where an item's correct price at the time of your order is less than our stated price at that time, we will charge the lower amount. If an item's correct price at the time of your order is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept your order and it is processed where a pricing error is obvious, unmistakeable and could reasonably have been recognised by you as a mispricing, we may end your contract with us and refund you any sums you have paid.

3.5.3 You may make payment using one of the payment methods set out in the order process. Payments for goods or services are carried out by an independent payment processor, Stripe Payments Europe, Limited, and its respective affiliates. The processing of your payment is therefore subject to and governed by Stripe’s terms and policies (and not us). Dukes is not involved in payment processing and does not accept any liability relating to these services and processes. In particular, Dukes is not responsible for any errors made by any payment processor. You should review the applicable terms and policies of any payment processor that applies to you.

Stripe Payments Europe, Limited - https://stripe.com/en-gb/checkout/legal

3.5.4 When making a purchase, you confirm that the card or bank account which is being used is yours, or that you have the authorisation of the account holder to make the purchase. If you use a payment method that you are not authorised to use, you will be liable to us for any losses that we suffer as a result of your use of that payment method.

3.5.5 All credit/debit cardholders are subject to validation checks and authorization by the issuer of the card. If the issuer of your payment card refuses to pay or does not for any reason authorise payment, we will not be liable for any delay or non-delivery of products. We are not liable for any charges you may be responsible for arising out of currency conversion carried out by your bank in the event that you make payment in any currency other than GBP.

3.5.6 We will not charge your credit or debit card until the point that your order is accepted.

3.6 Rights to change your mind and cancel your order

3.6.1 In most cases, you will have a right to change your mind and cancel your contract with us within fourteen (14) days of delivery (in respect of goods) or confirmation of your order (in respect of services) without giving a reason. This right may not always be available to you, for example, in respect of:

(a) services, once these have been performed/completed, even if the fourteen (14) day cancellation period is still running (if you cancel after we have started but not yet completed the relevant services, then you remain liable to pay us for the services provided up until the time you tell us that you have changed your mind);

(b) bespoke products that are created to your specification or are clearly personalised;

(d) products that are sealed for health protection or hygiene purposes, if you unseal them;

(e) sealed audio recordings, sealed video recordings or sealed computer software, if you unseal them;

(f) goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly; and

(g) any products which become mixed inseparably with other items after their delivery.

3.6.2 To exercise your right to cancel, you must inform us of your decision by making a clear statement (e.g., by post or email). The easiest way to do this is to contact our Customer Services team by emailing us at info@thedukesclub.com. You may alternatively use the following model cancellation form, which you can complete and email to us, but you are not required to use this form:

Model Cancellation Form

To: Dukes Club, 5th Floor South, 14-16 Waterloo Place, London, SW1Y 4AR

E-mail address: info@thedukesclub.com

I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract of sale of the following goods(*)/for the provision of the following service*,

Ordered on(*) / received on(*)

Name of consumer(s),

Address of consumer(s),

Signature of consumer (only if this form is notified on paper)

Date

(*) Please delete if not applicable

3.6.3 To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.

3.6.4 We will send you an acknowledgement of receipt of your notice to cancel by email.

3.6.5 If your cancellation relates to an order of goods:

(a) You must return any goods that you have already received. You can do this by post to 5th Floor South, 14-16 Waterloo Place, London, SW1Y 4AR or (if they are not suitable for posting) by contacting us to arrange for us to collect them from you.

(b) When returning goods to us, you must post the goods within fourteen (14) days of telling us that you wish to end the contract. We will only cover the costs of a return if the goods are faulty or misdescribed (see section 3.7.1 below for more information on this) but in all other circumstances, you must pay the costs of return. We recommend that you keep proof of postage.

(c) You are responsible for taking reasonable care of the goods until they are returned to us. All goods must be returned unused, with authentic labels and in original packaging. If goods returned are not in a re-sellable condition, we may not be able to issue you a refund. Any promotional gifts received with your purchase must also be returned.

(d) All returned goods will be examined upon receipt. If goods are returned in good condition, we will refund your payment, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

(e) We will not provide a full refund if the goods show signs of unreasonable use. We may make a deduction from the refund for loss in value of any products supplied, if the loss is the result of unnecessary handling by you.

3.6.6 If your cancellation relates to services, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

3.6.7 We will make the refund without undue delay, and no later than the timeframes set out here:

(a) For goods:

- fourteen (14) days after the day we receive your returned goods; or

- if earlier, fourteen (14) days after the day you provide evidence that you have returned the goods; or

- if goods had not yet been supplied, fourteen (14) days after the day on which we are informed about your decision to cancel your contract.

(b) For services:

- fourteen (14) days after the day on which we are informed about your decision to cancel your contract.

3.6.8 All refunds will be made using the same means of payment as you used for the initial transaction; you will not incur any fees as a result of the refund.

3.7 Your other rights of refund

3.7.1 You have legal rights in relation to goods that are not as described, faulty or otherwise not fit for purpose. If you believe that any goods that you have ordered do not conform with these Terms of Sale, please contact our Customer Services Team to request a replacement or refund at info@thedukesclub.com .

3.7.2 You have legal rights in relation to services that are not carried out with reasonable care and skill, that are not priced reasonably (if you haven't agreed a price beforehand), or that are not performed within a reasonable timeframe (if you haven’t agreed a timeframe beforehand). If you believe that any services that you have ordered do not conform with these Terms of Sale, please contact our Customer Services Team to request a re-performance (if possible in the circumstances) or refund at info@thedukesclub.com

3.7.3 If, due to unforeseen circumstances, we have accepted an order which we are then unable to fulfil, we will refund your payment.

3.8 Our liability to you

3.8.1 Nothing in these Terms of Sale excludes or limits our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation; and

3.8.2 We are under a legal duty to provide you with products that are in conformity with the terms applying to your order. Nothing in these Terms of Sale affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.

3.8.3 If we fail to comply with our responsibilities under these Terms of Sale, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that the contract between you and us for your order became binding (i.e., when we send the email to confirm that an order has been accepted). We are not responsible for any loss or damage that is not foreseeable.

3.8.4 Subject to the foregoing, our maximum liability to you under these Terms of Sale in respect of any particular order will be limited to the value of that order as set out in the relevant order confirmation email.

4. PART 4 – OTHER TERMS THAT APPLY TO YOU

4.1 Your personal information

4.1.1 We will only use your personal information as set out in our Privacy Policy which you can access here . Our Privacy Policy also sets out information about the use of cookies on our website. Our Privacy Policy forms part of these Terms and Conditions and should be read carefully.

4.2 Our intellectual property

4.2.1 We (and/or our licensors) are the owners or licensees of all intellectual property rights in the website and its content, including but not limited to the Dukes Club name and mark and Dukes Club product names, images and packaging. These are protected by intellectual property laws and treaties around the world. All such rights are reserved.

4.2.2 You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms and Conditions.

4.2.3 You must not use the website (or any part of it or its content) for commercial purposes; however, you may download material from the website solely for non-commercial, personal use by you.

4.2.4 No part of the website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.

4.3 Transfer of rights

4.3.1 We may transfer our rights and obligations under these Terms and Conditions to another organisation and we will always notify you in writing if this happens (but this will not affect your rights or our obligations under these Terms and Conditions).

4.3.2 You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing prior to such transfer.

4.4 Suspension and termination

4.4.1 We will always try to work with you to resolve any issues that we encounter, however, we have the right to temporarily or permanently withdraw your access to the website and/or suspend or terminate your membership to the Dukes Club at our discretion in order to protect ourselves and our other members. For example, we may invoke this right if:

(a) in our reasonable opinion, you are in breach of any of the Terms and Conditions; or

(b) in our reasonable opinion, your actions or omissions are not in keeping with the spirit and reputation of the Dukes institutions or the Dukes Club.

4.4.2 If we invoke our discretionary right to suspend, freeze or terminate your membership:

(a) we will send you a notice of the decision to the last stored email address as provided by you in your membership account; and

(b) any rewards or benefits in your account will automatically expire and your access to the membership program and features will automatically terminate.

4.4.3 In addition, we reserve the right to additionally take legal action to the extent permitted by law.

4.5 Complaints and disputes

Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us at:

Email address: info@thedukesclub.com

Address: 5th Floor South, 14-16 Waterloo Place, London, SW1Y 4AR

4.6 Our liability to you

4.6.1 Nothing in these Terms and Conditions excludes or limits our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation; and

4.6.2 If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage that you suffer that is a reasonably foreseeable consequence of our breach of these Terms and Conditions or our negligence. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the website. We are not responsible for any loss or damage that is not foreseeable.

4.6.3 Nothing in these Terms and Conditions affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.

4.6.4 Subject to sections 4.6.1 to 4.6.3 above and section 4.6.5 below, our total liability to you for any loss or damage arising out of or in connection with these Terms and Conditions, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to £100.

4.6.5 Different limitations and exclusions of liability will apply to liability arising as a result of our sale and supply of any goods or services to you via the Dukes Club Rewards online shop, which will be set out in our Terms of Sale in Part 3.

4.7 Other important information

4.7.1 Each of the Parts and clauses of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

4.7.2 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

4.7.3 This contract is between you and us and no other person shall have any rights to enforce any of its terms.

4.7.4 We may at any time subcontract our rights and obligations under the Agreement. This will not affect your legal rights.

4.7.5 We may transfer these Terms and Conditions to another organisation. We will contact you to let you know if and when we plan to do this. If you are unhappy with the transfer, you may contact us to end your contract with us within thirty (30) days of us telling you about it and we will refund you any payments you have made in advance for goods or services not yet provided under any contract of sale that you have entered into with us in accordance with the Terms of Sale .

4.7.6 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing prior to such transfer.

4.8 Governing law

4.8.1 These Terms and Conditions are governed by English law. This means that your access to and use of the Website, any purchases made on the Website, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.

4.8.2 You may bring any dispute which may arise under these Terms and Conditions, at your discretion, to either the competent courts of England, or to the competent courts of your country of habitual residence if this country of habitual residence is within the UK or is an EU Member State, which courts are (with the exclusion of any other court) competent to settle any such dispute. We shall bring any dispute which may arise under these Terms and Conditions to the competent courts of your country of habitual residence if this is within the UK or is an EU Member State or otherwise the competent courts of England.