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Terms and Conditions
Terms and Conditions

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Customer" "You" and "Your" refers to you, the person accessing this website and accepting the company's terms and conditions. "The Company", "Ourselves", "We", "Us" and "", refers to our Company. "Party", "Parties", or "Us", refers to both the Customer and ourselves, or either the customer and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Customer in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Customer's needs in respect of provision of the Company's stated services/ products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

Privacy Statement

We are committed to protecting your privacy. Authorised employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality

We are registered under the Data Protection Act 1998 and as such, any information concerning the Customer and their respective Customer Records may be passed to third parties. However, Customer records are regarded as confidential and therefore will not be divulged to any third party, other than our manufacturer/supplier(s) (i.e. PayPal) and if legally required to do so to the appropriate authorities. Customers have the right to request sight of, and copies of any and all Customer Records we keep, on the proviso that we are given reasonable notice of such a request. Customers are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Customers with appropriate written information, handouts or copies of records as part of any agreed contract, for the benefit of both parties.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, Trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Disclaimer and Limitations

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect 's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Copyright Notice

Copyright and other relevant intellectual property rights exist on all text relating to the Company's services and the full content of this website.

The Company's logo is a registered trademark of this Company in the United Kingdom and other countries. The brand names and specific services of this Company featured on this website are trade marked.

General

The laws of England and Wales govern these terms and conditions. By accessing this website and using our services/buying our products, you consent to these terms and conditions and to the exclusive jurisdiction on the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in the Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or any Agreement of any part thereof, or the right thereafter to enforce each and every provision.

Notification of Change

The Company reserves the right to change these conditions from time to time as we see fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there any changes to the Privacy policy, we will announce that these changes have been made on our home page. If there are any changes in how we use our site customer's Personally Identifiable Information, notification by e-mail will be made to those affected by this change. You are therefore required to re-read the Terms and Conditions on a regular basis.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Terms of Sale

By placing an order you are offering to purchase a product or service and are subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch or service times may vary according to availability and any guarantees or representations made as to the times are limited to mainland UK and subject to any delays resulting from traffic or force majeure for which we will not be responsible. In order to contract with you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party, which you have contracted with. This will usually be or may in some cases be a third party. Where a contract is made with a third party is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale, which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods, which you ordered, have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

Pricing

Whilst we try and ensure that all details, descriptions and prices, which appear on this Website, are accurate, errors may occur. If we discover an error in the price of any goods, which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. All prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

Payment

Upon receiving your order we (via our PayPal service) carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.

Accessibility

Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service without notice. We will not be liable if for any reason this website is unavailable at some parts or all of this website.


Indemnity

You agree to indemnify, defend and hold harmless SM Coaches, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Communication

If you have any queries, please see our Contact Us link on our website.

This company is registered in England and Wales, Number XXXXXXXX, registered office SM Coaches, 9 Burnt Mill, Elizabeth Way, Harlow, Essex, CM20 2HT, Tel: 01279 426 266, Fax: 01279 431 438.


These terms and conditions form part of the Agreement between the Customer and Ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

© SM Coaches 2012 All Rights Reserved.

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Our 14-day refunds guarantee.

SM Coaches Ltd offers a 14-day refund guarantee, allowing you to receive full refund for items purchased, for any reason, within 14 days of the date of travel.

You can request a refund for your purchase up to 14 days before your departure date. If you require a refund and the required departure date is less than 14 days in advance you may be subject to an administration charge. No refunds will be given if orders are cancelled less than 48 hours before the departure date. We suggest that in such circumstances you contact SM Coaches as soon as possible to discuss your situation. This refund policy does not affect your statutory rights (see below).

We are also able to offer an exchange in travel dates if this is more convenient. Please contact us for more details.


Your Statutory Rights

Purchases

At SM Coaches Ltd we want you to be delighted every time you travel with us. Occasionally though, we know you may want to cancel your order. That's why, under our 14-day refund guarantee, if for any reason you are unhappy with your purchase or require a cancellation for your travel requirements, you can request a refund within 14 days of the date you wish to travel.

By law, customers in the European Union also have the right to withdraw from the purchase of an item within seven working days of the day after the date the item is delivered. This applies to all physical products, although digital downloads, sealed DVD's and digital software etc are exempt from this policy.

As soon as we receive notice of your cancellation of this order, we will refund the relevant part of the purchase price for that item.

For more information on your right to withdraw from your purchase within the seven working day cooling-off period, visit the Department of Trade and Industry's website at: http://www.dti.gov.uk/consumers/buying-selling/distance-selling/index.html

Other statutory rights

For more information about your other statutory rights, please visit the Department of Trade and Industry's Consumer Gateway website at: http://www.consumerdirect.gov.uk/

Your Privacy

SM Coaches Limited is totally committed to protecting the privacy of our site visitors and customers. The team members are customers themselves of other Internet sites and fully appreciate and respect the importance of privacy on the Internet. We will not disclose information about our customers to third parties except where it is part of providing a service to you - e.g. arranging for a product to be sent to you, carrying out credit and other security checks or where we have your express permission to do so.

SM Coaches does NOT store any payment information (credit / debit card details etc) after the transactions have been processed by our secure third party provider PayPal. For more information on PayPal's terms and conditions visit www.paypal.com

Your Consent

We will not sell your name, address, e-mail address, credit card information or personal information to any third party (excluding partners from whom you may have linked to our site) without your permission.

Communication & Marketing

If you have made a purchase from our store we may occasionally update you on our latest products, news and special offers via e-mail, post & telephone. You will also be given the opportunity to cancel such communications at any time.
All mailing list members have the option to opt-out of receiving marketing communications from us and/or selected third parties. If you do not wish to continue to receive marketing from us and/or selected third parties you should opt-out by clicking on the "unsubscribe" link in any email communications which we might send you.

What are Cookies?

A cookie is a small information file that is sent to your computer and is stored on your hard drive. If you have registered with PayPal for example then your computer will store an identifying cookie which will save you time each time you re-visit PayPal, by remembering your email address for you. You can change the settings on your browser to prevent cookies being stored on your computer without your explicit consent.

Site Statistics

SM Coaches Ltd collects and stores anonymous data collected from embedded code within our website. This type of information (amount of page visits, time spent on each page, time of day of most visits etc) is collected by us and analysed to determine how we may be able to offer a better service to our customers. This information is not shared with any other third party and does not contain any personal data.

Protecting your security

We may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. This is done only to confirm your identity - a credit check is not performed and your credit rating is unaffected.

Disclosures of your information

There are certain circumstances whereby SM Coaches Ltd may have to disclose some/all of your information to third parties. We may disclose your personal information to third parties:

∑ in the event that SM Coaches sells or buys any business or assets;
∑ if SM Coaches or substantially all of its assets are acquired by a third party, in which case personal data which we hold about our customers may be one of the transferred assets; or
∑ if SM Coaches or substantially all of its assets are acquired by a third party, in which case personal data which we hold about our customers may be one of the transferred assets; or
∑ ? If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of; or to protect the rights, property, or safety of SM Coaches, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.


Third party sites

Our site may contain links to and from websites of other Travel operators, advertisers and other third parties. If you follow a link to any of these websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Checking your Details

If you wish to verify the details you have submitted to SM Coaches you may do so by contacting us via the e-mail address or address given on our Contacts Page. Our security procedures mean that we may request proof of identity before we reveal information. This proof of identity will take the form of your Name, Address, e-mail address and order number. You must therefore keep this information safe, as you will be responsible for any action, which we take in response to a request from someone using your details.

Contacting Us

SM Coaches Limited is the data controller for the purpose of the Data Protection Act 1998 (the Act).

You have the right to access the information, which SM Coaches holds about you and your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

We are always pleased to hear from our customers (even if it is a complaint!). We are always grateful for any time you spend providing us with the knowledge we need to ensure our customers are completely satisfied - we want you to return to the site and to recommend us to your friends and family. If you have any questions or feedback about this statement, or if you would like us to stop processing your information, please do not hesitate to contact a customer service member of the SM Coaches team, who will be delighted to answer any questions you may have.