Terms and conditions – Witchards Society

These terms may be updated from time to time by Witchards Society FMBA.

Witchards Society FMBA owns and operates this Website. This document governs your relationship with witchards.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the “Linked Sites”), which are not operated by Witchards Society FMBA. Witchards Society FMBA has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or 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 offense and Witchards Society FMBA 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.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Witchards Society FMBA or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Witchards Society FMBA and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Participant Contributions

All participant contributions are subject to the Community Content License.

By participating a player promises that no contribution to Witchards Society FMBA infringes on any third party rights and that if such infringement is found, other players and/or Witchards Society FMBA shall be indemnified by the contributor for any damage, loss of income or fine that may lead to.

Contributions that are in violation of freedom of speech laws or that may be considered inflammatory for political, fate or creed reasons are not allowed. Bullying, shaming, racism, sexism or other discriminatory actions are strictly forbidden.

Personal belongings shall not be affected by below and shall remain the sole property of the owner. Player contributions are brought to the event on your own risk. Witchards.com and Witchards Society FMBA assumes no responsibility for items damaged, lost or broken.

Player agrees to inform Witchards Society FMBA and make separate agreement on its own initiative, for contributions that they chose to share openly with other players, but which they wish to limit, specify or deny further use by other players.

Player accepts that unless otherwise agreed in advance in writing, any creative contributions which they chose to share openly with other players, may be used freely by other players for non profit or personal small business which fit within the Witchards fantasy story universe, or in generic/nondescript larp use, and that the contributor shall not demand any royalty or other remuneration or take any legal action against other players or Witchards Society FMBA for such use by other player after the fact.

In addition, Witchards Society FMBA warrants that any specific written agreement on creative work by a player shall govern the use and ownership of the contribution.

If no such special agreement exists, Witchards Society FMBA shall make best effort to seek permission in advance before any use of the player’s contribution, outside what can be considered fair use for the event for which the contribution was made. Should no such contact be possible (or the originator is not known, or in the case of collective/emergent work), the creative work may be adopted into canon and wider use within College of Wizardry.

In the case of contributions in wider collective use by players, that has remained undisputed for a substantial time and where the originator cannot be readily contacted or identified, the contribution may be adopted by College of Wizardry into canon and freely used for the events, marketing of College of Wizardry and for other commercial use within College of Wizardry. This does not imply any use outside the College of Wizardry IP.

Creative work that has been adopted into canon and in undisputed collective use for a substantial time, shall pass to College of Wizardry only after a public post in College of Wizardry social media, and a subsequent 90 day response time (ownership and rights).

Regardless of above, moral rights shall remain with the originator, unless separately agreed in a written contract. The creator, when it can be identified, shall be credited.

All players and crew shall be allowed to use any know-how gained from the participation, unless pertaining to protected proprietary information (such as sensitive business data owned by Witchards Society FMBA), or other personal sensitive information.

Rights and ownership to commissioned work that is regulated by separate agreement shall be governed by that agreement only. Content in the public domain, or legally owned by a third party shall remain free or with respective rights holder.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with Witchards Society FMBA you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Witchards Society FMBA 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 Witchards Society FMBA or may in some cases be a third party. Where a contract is made with a third party Witchards Society FMBA 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 authorized 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.

By purchasing a ticket you are certifying that you are at least 18 years of age at the time of participation.

(a) 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.

(b) Pricing and Availability

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.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

(c) Payment

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

(d) Payment plans

It is possible to spread out your payment using our payment plans. However, due to increased transaction costs associated with processing additional payments, and the increased administrative workload, we place an additional 5% charge on top of the ticket price.
Payments for your payment plan are not automatic, regardless of whether you paid your first instalment by payment card or not.
You will be sent notices of upcoming payments, as well as payment reminders.
However, it is still entirely purchasers responsibility to keep up with their payment plan.
If paying by bank transfers the money must be in our account on the due date, not sent on the due date.
Late payments will have a late payment fee of €20 added per late payment.
You will be considered as having defaulted on your payment plan if you miss two payments. In the case of default no refunds will be issued and your ticket will be rescinded, and put up for sale again.
Regardless of your payment plan all tickets must be paid in full at least three weeks prior to an event. Failure to pay in full by that deadline means your ticket will be voided.

Disclaimer of Liability

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 Witchards Society FMBA 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 Witchards Society FMBA’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Witchards Society FMBA and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Witchards Society FMBA.

Indemnity

You agree to indemnify, defend and hold harmless Witchards Society FMBA, 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.

Variation

Witchards Society FMBA shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

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.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Refunds & Returns

We can provide both services and goods on our website as below

Services – Ticketed events ie our conventions, tickets for lounge, photo studio, larp at our events and guests tours
Goods – Merchandise, digital downloads, books, clothing, toys and collectibles

Cooling off period

When selling to customers by mail order, phone or internet we must offer you a cooling-off period during which you have an unconditional right to cancel the order.

Your right to cancel an order starts the moment you place your order and ends 14 days from the day you receive it.
Your right to cancel a service starts the moment you enter into the contract and lasts 14 days.*
If you want to download digital content within the 14 day cancellation period you agree to waive your cancellation rights, per default.

If you wish to cancel you must tell us in writing – by letter or email of your decision to cancel within the time period above. The refund should be reimbursed within 14 days of the goods being received back to us. If you are returning any items to us you must pay the return postage, we are not held responsible for any item sent back to us that gets lost by the carrier. Goods must be in their original packaging, unopened and not damaged in any way.

We only refund the costs of the real goods and any original postage paid. You can download this simple request to cancel word document to cancel an order and either post or email it to us.

There are some exemptions to the right to cancel as listed below

*Customers can’t cancel if the order is for:

Ticketed Events (including larps)
Accommodation
Transport
Pre booked catering
Tickets for Lounge, Photo Studio, Autographs or Tours with the actors appearing at an event unless the actor fails to appear.
Pre Signed Products such as autograph photos, books etc.
Digital downloads
Memberships

Fees and Service Charges

Witchards Society FMBA adds fees or service charges to certain products, to partially cover expenses related to processing transactions.
These fees and service charges are non-refundable.

Cancellations

Witchards Society FMBA reserves the right to cancel any events that do not meet the minimum number of bookings, set at 60% of total available bookings unless otherwise noted. Should such a situation arise Witchards Society FMBA commits to refunding the ticket price minus an administrative fee, that covers transaction fees and some operating costs.
If the event is canceled more than 60 days prior to the event the refund administrative fee will be 10% of the ticket price. If the event is canceled less than 60 days prior to the event the refund administrative fee will be 20% of the ticket price. The fee covers pre-event administrative and operational costs and cannot be voided.
Cancellations due to circumstances outside our control, including but not limited to a force majeure event, will not receive refunds, and participants are adviced to contact their travel insurance for reimbursement.

In the event of Force Majure Events

Neither party shall be held responsible for any delay or failure to perform any part of this Agreement to the extent such delay or failure results from any cause beyond its reasonable control and without the fault or negligence of the party claiming excusable delay or failure to perform, such as acts of God, acts of war or terrorism, extraordinary acts of any state, territory or political subdivision thereof, fires, storms, floods, epidemics, riots, work stoppages, strikes, embargoes, government restrictions, exchange or market rulings, extreme market volumes or volatility, suspension of trading (whether declared or undeclared), adverse weather or events of nature.

Returns

Our policy lasts 14 days. If 14 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.

Additional non-returnable items:

Gift cards
Downloadable software products
Some health and personal care items

To complete your return, we require a receipt or proof of purchase.

Please do not send your purchase back to the manufacturer.

There are certain situations where only partial refunds are granted: (if applicable)

Book with obvious signs of use
Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
Any item that is returned more than 30 days after delivery

Refunds (if applicable)

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds (if applicable)

If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next, contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at [email protected].

Sale items (if applicable)

Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges (if applicable)

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at %{email %> and send your item to: Monbijougatan 18, Malmö, 21153, Sweden.

Shipping

To return your product, you should follow the returns procedure outline in the packing slip the accompanied your purchase.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over €75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Refusal of Service

We reserve the right to refuse service to any person for any reason.

Address

Witchards Society FMBA
℅ Thomas Mertz
Krimsvej 19b, 1tv
2300 Copenhagen
Denmark

VAT ID: DK43980696

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Witchards Society FMBA. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by the chair and one additional member of the board of Witchards Society FMBA.

Data Policy

Your personal integrity is important to us at Witchards Society FMBA. Therefore, we are committed to protect any personal data that you might have shared with us previously, as well as any personal data that you will share with us in the future.

With the Data Policy displayed below, we aim to be transparent about the way in which we collect, process and protect your data according to the new GDPR guidelines. Feel free to contact us if you have any questions regarding the policy.

Why do we collect personal data?

When we refer personal data in this policy, we mainly refer to information such as names, email addresses and company names. Much of what we do at Witchards Society FMBA revolves around these specific types of information. The purpose of collecting this data is because of the following reasons:

To administer your subscription to our various newsletters so that you can be informed about activities, events, meetups, surveys and other news that could be of general interest to you as a member/friend/customer of Witchards Society FMBA. Please note that you can unsubscribe from our mailing list at any time by clicking the “unsubscribe” button in the bottom of any given newsletter.
To be able to process registrations and ticket sales when we arrange activities within the frames of our organization, as well as to be able to notify our attendees about changes in the program or potential cancellations.
To be able to statistically summarize the outcome of our events, as well as to determine the level of interest our community has shown in a particular project of ours.

What type of data do we collect and what do we do with it?

Normally when we collect personal data of some capacity, it could be any of the following types of data:

Personal details such as name, email address, working title, company, gender and membership are collected when you sign up for our events. This is so that we can see who’s coming.
Personal details such as your email address is collected when you sign up for our newsletters. This is so that we can inform you about news related to the organization.
Personal details such as name, email address, company, country and payment method are collected when buying tickets to our events and larps. This is so that we can estimate how many are coming, where they are from and how they made the transaction.
We also collect data we need to cast you in the larp. This is not personal information per se but we protect it as if it were.

How do we process the personal data?

By signing up to any of our given newsletters and events, you have permitted us to use this data in compliance with our data policy. We never share this data with a third party or jeopardize the data by extracting it from our system.