Please read these Terms and Conditions carefully before using this Website and our services ("Services"). Our Terms and Conditions should be read in conjunction with the following:
- Our Privacy Statement, which sets out how we process any personal data that we collect from you or that you provide to us.
-Our Terms and Conditions for Buyers.
By using the Website and services you confirm that you accept these Terms and Conditions and agree to comply with them.
Our Terms and Conditions and supporting Statements may be modified from time to time. Revised versions shall be posted and be automatically effective after being posted on the Website. Your continued use of the Website and our Services following the posting of such a revision will constitute your acceptance of the revised version
By signing up to the Website [Registration] the DH (as defined below) agrees to receive correspondence by email, telephone and other means regarding administration of the account, the listing of tickets, and any resulting orders.
- Registration by Debenture Holder and Accurate User Information
- In order to register the prospective seller must be a Debenture Holder (DH) or be able to prove that he/she is fully authorised by a DH. Debentures Ltd. ("WimbledonDebentureHolders.com" herein referred to as WDH) reserves the right to terminate the account of any person who is not a DH or cannot prove he/she is fully authorised by one.
- WDH will only act for prospective sellers who are at least 18 years old and can legally enter into contracts.
- The DH must provide a copy of his/her Debenture Certificate[s].
- The DH agrees to provide true, accurate, current up to date and complete information about him/herself when completing the details on the Website or giving details to WDH for including on the Website.
- The DH agrees to maintain and update this information to keep it true, accurate, up to date and complete. In particular, the DH must update the Website as to the availability of tickets for sale.
- If any information provided is untrue, inaccurate, obsolete, incomplete or misleading, WDH reserves the right to terminate the relevant account and prevent further use of the Website.
- If a DH registers details on the Website this does not itself create a binding contract for sale by any party, it only indicates that the DH is willing and able to sell tickets.
- By registering the DH agrees to receiving correspondence by email, telephone or other means regarding the administration of the account, listing of tickets and the resultant orders and Sales Agreements thereof.
- Username and Password:
- The DH will need a username, email address and password to access the Website. The DH is responsible for maintaining the security of his/her username and password and is responsible for any action taken under his/her username or password.
- A DH who wishes to remove his/her details for any reason is entitled to do so by giving notice to WDH by email to firstname.lastname@example.org or by letter. WDH will remove the DH’s details within 48 hours of acknowledging receipt of the notification with any transaction details being archived for as long as required to comply with any statutory obligations WDH may have, for example 7 years for accounting purposes.
- Without prejudice to any remedy that WDH may have, WDH may terminate or suspend (without liability to the DH) with immediate effect and without notice the DH’s access to, and use of the Website, if
- WDH reasonably believes that the DH has breached any of the Registration/ Ticket Sales Terms & Conditions set out here.
- WDH is unable to determine the accuracy or validity of any information provided by a DH.
- WDH suspects fraudulent, abusive or illegal activity by the DH;
- The DH fails to honour any part of a contract for the sale or purchase of tickets (see below under Ticket Sales).
- There is any other business or technical reason.
- A DH may be refused further access to the Website and the WDH service if they send by email or letter, or communicate face to face or verbally, any abusive, offensive, libellous, threatening or otherwise objectionable messages to WDH staff or make libellous or offensive allegations about WDH to other users or third parties.
- The Contract
- A Contract shall be deemed to have been made between the DH ("Seller") and the ticket buyer ("Buyer") when the Buyer has confirmed requirements via the Website, email and/or telephone and WDH, acting as agent for the Seller, has confirmation from the Seller of the willingness to sell at the offered price (which WDH agrees with the Seller) and WDH has consequently accepted such a booking with the Buyer. An invoice or Final Confirmation from WDH to the Buyer and Seller by email or letter is proof of the Seller’s acceptance of the booking.
- WDH is acting solely as an agent for the Seller and does not take title to the underlying ticket[s]. WDH is not a counterparty to the Contract.
- Service Fees and Charges
- WDH shall charge including commission, service charge + Vat ("Commission") as part of the ticket price paid by the Buyer for its role as agent to the Seller. These transaction charges include all the costs of WDH. The Seller shall receive the ticket price less the transaction charges.
- Delivery and Payment
- The Seller shall deliver to WDH the ticket[s] sold as agreed in Clause 1 of this section at the later date of (a) within one week of the sale being agreed and (b) within one week of the Seller receiving the tickets from the All England Lawn Tennis Club, provided that the tickets are delivered to WDH at least two days before the date on the ticket unless otherwise agreed by WDH.
- WDH will provide the Seller with delivery instructions. Delivery to WDH is the responsibility of the Seller. Delivery will be by Royal Mail Special Delivery unless otherwise agreed by WDH and will only have been completed once WDH has signed for acceptance of delivery. Evidence of posting shall not be deemed evidence of delivery. The cost of delivery shall be for the account of the Seller.
- WDH as agent for the Seller will be responsible for delivery of the ticket to the Buyer once it has been received from the Seller. A charge for this delivery shall be made to the Buyer and this sum shall be retained by WDH for this service.
- Pursuant to the Seller and the Buyer entering into a contract, as set out in Clause 1 of this section, the Seller (or the Seller’s estate as the case may be) will be responsible for delivering the ticket to WDH, as set out in this Clause 3, in all circumstances and the obligation of the Seller to deliver the ticket shall not be reduced, discharged or otherwise adversely affected under any circumstance including, without limitation, the following:
- any insolvency, bankruptcy, liquidation, administration, winding up, incapacity, death, limitation, disability, the discharge by operation of law, or any change in the constitution, name or style of the Seller or any other person;
- granting to any third party a power of attorney; or
- any claim or enforcement as security over the ticket from any third party.
- WDH shall make the Payment (as defined in Clause 2 of this section) due to the Seller as follows:
- 25% of the Payment shall be made within 30 days of receiving the monies from the Buyer for the ticket ("Deposit Payment").
- The remaining 75% of the Payment shall be made within 30 days of receiving the ticket from the Seller ("Balance Payment").
- WDH may, at its sole discretion, agree different payment options with Sellers in relation to the Payment.
- Cancellations or Variations by the Seller
- All completed sales are final. Confirmation of an order by the Seller is deemed an instruction for WDH as agent to deliver the tickets from the Seller to the Buyer on behalf of both parties. Any request for a cancellation or variation of the sale by the Seller must be emailed to email@example.com. Each case shall be reviewed on its own personal merits but contract cancellations or variations will only be agreed by WDH in special situations.
- Alterations to Advertised Tickets.
- WDH as agent to the Seller has the right to change the price applicable to any ticket (upwards or downwards) at any time prior to a booking being accepted.
- If the day of the booked ticket is cancelled or restricted due to inclement weather conditions, and the Seller receives a payment from the All England Lawn Tennis Club for such an eventuality, then the Seller shall forward this payment within 30 days to WDH who will forward the same amount directly to the Buyer.
- The Seller is responsible for determining whether any taxes (including VAT) are chargeable on the Seller’s sale of tickets, and, if so, any tax due will be included in the Payment in accordance with Clause 2 of this section (with no additions).
- Liability of the Buyer
- The Seller hereby acknowledges that the Buyer's only liability under the Contract is to pay the price for the ticket as agreed together with the delivery charge as stated in clause 3iii.
- Liability of WDH
- The Seller hereby acknowledges that WDH is acting as an agent for the Seller in arranging the booking. WDH will be liable for any losses up to a maximum of the value of the Commission as calculated in Clause 2 of this section for any loss suffered by the Seller due to any act or omission of WDH. WDH will not be liable for any indirect losses including consequential, special or punitive damages including lost opportunity or loss of profits.
- If the event for the booked ticket is cancelled or postponed for any reason, including national emergency, outbreak of war, prohibitive government regulations, strikes, consequences of terrorism, inclement weather conditions or any other cause beyond the reasonable control of WDH, WDH shall not be liable in any way.
- Law and Construction
- The contract and these Terms and Conditions shall be governed by English Law and WDH, the Seller and the Buyer hereby submit to the exclusive jurisdiction of the English Courts in all matters regarding to contracts and these Terms and Conditions.