Terms and Conditions

Who we are

In these Terms and Conditions references to "we", "us" and "our" are to Action on Smoking and Health (ASH) Wales, a registered charity (Charity Number: 1120834) and Company Limited by Guarantee (6030302) with Registered Offices at 14-18 City Road, Cardiff, CF24 3DL.

Terms and Conditions of Use of the ASH Wales Website

Access to and use of this site is provided by ASH Wales subject to the following Terms and Conditions:

1. Your use of this site constitutes acceptance of these Terms and Conditions as at the date of your first use of the site.
2. ASH Wales reserves the right to change these Terms and Conditions at any time by posting changes online. Your continued use of this site after changes are posted constitutes your acceptance of this agreement as modified.
3. You agree to use this site only for lawful purposes and in a manner which does not infringe the rights or restrict, or inhibit the use and enjoyment of the site by any third party.
4. This site and the information, names, images, pictures, logos regarding or relating to ASH Wales are provided "as is" without any representation or endorsement made and without warranty of any kind whether express or implied. In no event will ASH Wales be liable for any damages including, without limitation, indirect or consequential damages, or any damages or loss of profits whatsoever arising from the use or in connection with such use or loss of use of the site, whether in contract or in negligence.
5. ASH Wales does not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs, nor do we guarantee the full functionality, accuracy and reliability of the materials.

6. Trademarks
The ASH Wales name and logo, “ASH Cymru” , “Kick Butts Day” “ Diwrnod cicio’r sigarets allan”and “Ffaith” are trademarks of ASH Wales. The names, images and logos identifying ASH Wales or third parties and their products and services are the proprietary marks of ASH Wales and/or third parties as appropriate. Nothing contained in these Terms and Conditions or on the ASH Wales website may be construed as conferring any licence or right under any trademark or patent of ASH Wales or any third party.

7. Copyright Restrictions:
Commercial use or publication of all or any item displayed is strictly prohibited without prior written authorisation from ASH Wales. Nothing contained herein shall be construed as conferring any licence by ASH Wales to use any item displayed.
8. Documents on this site may be copied for personal, non-commercial use only on the condition that copyright and source indications are also copied, no modifications are made and the document is copied entirely. However, some documents and photos have been published on this site with the permission of the relevant copyright owners (who are not ASH Wales). All rights are reserved on these documents and permission to copy them must be requested from the copyright owners (the sources are indicated within these documents/photographs).
9. ASH Wales takes no responsibility for the content of external Internet Sites. The existence of a link from any organisation's site to the ASH Wales site does not imply that ASH Wales endorses the activities or views of that organisation.
10. Any communication or material that you transmit to, or post on, any public area of the site including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary information.
11. If there is any conflict between these Terms and Conditions and rules and/or specific terms of use appearing on this site relating to specific material then the latter shall prevail.
12. These Terms and Conditions shall be governed and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
13. If these Terms and Conditions are not accepted in full, the use of this site must be terminated immediately.

14. Linking Policy
Linking to the ASH Wales website can help communicate valuable information. It is not necessary to request permission to link to the ASH Wales website, although we reserve the right to request the removal of any link. The ASH Wales logo may not be used without prior written permission, which may be requested by emailing us. A link to the ASH Wales site must not be used to imply ASH Wales endorsement of the site, related products or services. Your site must not conflict with the aims of ASH Wales.
15. The ASH Wales website includes links to external websites. We receive many link requests and only link to sites which we believe provide useful information that will be of interest to our users. We will contact you if we decide to add a link to your site. All requests will be either granted or refused at the discretion of the ASH Wales team. We will not enter into any correspondence about decisions. If you would like to request a link to your site please contact us.

16. Donation refund policy
If you have made a donation in error please call the Office Manager on 029 2049 0621 (Monday to Friday, 9am to 5pm) and they will be happy to refund this for you.

17. Placing an order
A notice will be displayed on your web browser before you submit an order with ASH Wales ("the Pre-contract Notice"). The Pre-contract Notice contains important information such as a description, price and delivery charges of the goods or services ordered. ASH Wales suggests that you print off a hard copy of the notice or save a copy to your hard drive for your own records.
18. We accept postal orders and cheques. Customers may also elect to receive an invoice or pay by BACS. Unfortuntaely we cannot accept card payments.
19. Goods supplied to you by ASH Wales will correspond with their prices and description (subject to E & OE). If at any time this is not the case ASH Wales will give you the right to reject the goods within your Rights to Cancel.
20. In the unlikely event that an incorrect price is shown on our website (or in our catalogue). ASH Wales reserves the right to abstain from fulfilling the order at that price. You will of course be notified, and at which point you will be informed of the correct price, and given the choice to proceed with the order.
21. You will receive an email notification when your web order has been placed.

22. Delivery charges

23. Any countries outside of mainland UK including Northern Ireland, Highlands of Scotland & Offshore Islands: Carriers charge extra to those areas. Where we are surcharged we may have to pass this on to you. The shopping cart may show the incorrect delivery amounts if you fall in to the areas mentioned above. Please call +44 (0)29 249 0621 or email for a quotation.
24. We will deliver the goods to the address you specify for delivery in your order. It is important that this address and postcode is accurate. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). Delivery times are not guaranteed.
25. We will inform you if any items are out of stock. If you do not receive your order within 14 days please contact ASH Wales.
26. Shortages or damaged stock must be reported within three working days of delivery.
27. Delivery charges vary according to the type of goods ordered and cannot be refunded except where we have made a mistake.

28. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full.

29. Right to cancel
You have the right to cancel your order at any time before despatch. In that event please contact ASH Wales on +44 (0)29 2049 0621 or email sue@ashwales.org.uk.
30. Under The Consumer Protection (Distance Selling) Regulations 2000 you have the legal right to cancel your order within seven days of receipt of your goods (with the exception of any made-to-order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, you will need to notify us in writing (email or fax) if you wish to cancel your contract.
31. You cannot cancel your contract if you have taken any audio or video recording or computer software or specialist item out of the sealed package in which it was delivered to you.
32. If you have received the goods before you cancel your contract then [unless, under clause 31, for which you do not have a right to cancel] you must send the goods back to us at 2nd Floor, 14-18 City Road, Cardiff CF24 3DL at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at your own cost and risk as soon as possible.
33. ASH Wales reserves the right to charge a re-stocking fee on large orders.
34. Once you have notified us that you are cancelling your contract, any sum debited to us from you will be re-credited to your your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
35. You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods.
36. Cancellation by us
We reserve the right not to accept your order if:
• we have insufficient stock to deliver the goods you have ordered;
• we do not deliver to your area; or
• one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
In such circumstances we will notify you by e-mail or by telephone.

37. Invoicing.

Where a purchaser opts to pay by invoicing the following conditions apply:
• Payment is required within 30 days of date of invoice.
• In accepting the goods the client accepts the payment period prescribed by ASH Wales.
• In the event of late payment ASH Wales reserves the right to automatically invoice the purchaser for £40 compensation per invoice arising out of late payment made under The Late Payment of Commercial Debts Regulation 2002 plus interest charged at 12% daily.