Terms & Conditions

TERMS AND CONDITIONS OF USE

Welcome and thank you for using our website. This agreement is between you (the user of this website) and Spirit Of Yorkshire Limited (the owner) of this website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these Terms and Conditions you should stop using the website immediately.

No part of this website is intended to constitute a contractual offer capable of acceptance, however, your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon us sending an order confirmation email to you indicating that your order has been fulfilled and is on its way to you.

Definitions and Interpretation
In this agreement the following terms shall have the following meanings: 

"Spirit Of Yorkshire Limited" or "us" or "we" refers to the owner of this website whose registered address is Unit 1 Hunmanby Industrial Estate, Hunmanby, North Yorkshire, YO14 0PH.

"You" refers to the user or viewer of this website.

"Account" refers collectively to the personal information, payment information and credentials used by users to access paid content and/or any communications system on the website.

"Carrier" refers to any third party responsible for transporting purchased goods from our premises to customers.

"Content" refers to any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this website;

"Contract" means the contract for the purchase and sale of goods between the Spirit Of Yorkshire Limited and the customer.

"Goods" refers to any products that Spirit Of Yorkshire Limited advertises and/or sells through this website;

"Service" means collectively any online facilities, tools, services or information that Spirit Of Yorkshire Limited makes available through the website either now or in the future;

"Payment Information" means any details required for the purchase of goods from this website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;

"Purchase Information" refers to any orders, invoices, dispatch notes, receipts, or anything similar that be in hard copy or electronic form.

"Premises" means our place or places of business located at Unit 1 Hunmanby Industrial Estate, Hunmanby, North Yorkshire, YO14 0PH.

"System" means any online communications infrastructure that Spirit Of Yorkshire Limited makes available through the website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

"User"/"Users" means any third party that accesses the website and is not employed by Spirit Of Yorkshire Limited and acting in the course of their employment.

"Website" refers to this website:www.spiritofyorkshire.com and any sub-domains of this site unless expressly excluded by their own terms and conditions;

Age Restrictions

All users must be of legal drinking age in your country of residence to use/browse this website.

Business Customers

These Terms and Conditions also apply to customers buying goods from this website in the course of business.

International Customers

If goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your goods reach their final destination. We cannot be held responsible for these charges and we make no calculations or estimates to this. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the goods are being imported. Please be aware that goods may be inspected on arrival at port for customs purposes and that we cannot guarantee that the packaging of your goods will be free of signs of tampering. Please also be aware that UK consumer protection laws may not apply. For an order outside of the UK, additional shipping charges will apply. We will contact you with a quote after placing your order.

Intellectual Property

We are, unless otherwise indicated, the owner and/or authorised user of all trademarks, service marks, design marks, trade dress, patents, copyrights, database rights and other intellectual property (collectively, the "Intellectual Property") appearing on or contained within this site. Except as provided in these Conditions of Use, your use of the site does not grant you any right, title, interest, or license to any such Intellectual Property you may access on the website. Except as provided in these Conditions of Use, any use or reproduction of the Intellectual Property is prohibited.

Fair Use of Intellectual Property

Material from this website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

Links to Other Websites

This website may contain links to other sites. Unless stated, these sites are not under the control of Spirit Of Yorkshire Limited or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.

Links to this Website

Those wishing to place a link to this website on other websites may do so only to the home page of the site www.spiritofyorkshire.com without our prior permission. Deep linking (i.e. links to specific pages within the site) requires our written permission. If you are interested in this, please contact us by email at info@spiritofyorkshire.com or by telephone: (+44) 01723 891758.

Use of Communications Facilities

When using certain systems on the website you should do so by adhering to the following rules. Failure to adhere to these rules may result in your account being suspended or closed.

You must not use obscene or vulgar language;

You must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

You must not submit content that is intended to promote or incite violence.

It is advised that all submissions/enquiries are stated in English as we may be unable to respond to those in any other languages.

The way in which you identify yourself must not violate these terms and conditions or any applicable laws.

You must not impersonate other people, particularly employees and representatives of Spirit Of Yorkshire Limited or our affiliates;

You must not use our system for unauthorised mass-communication such as spam or junk mail.

You accept that Spirit Of Yorkshire Limited reserves the right to monitor any and all communications made to us or using our system.

You accept that Spirit Of Yorkshire Limited may retain copies of any and all communications made to us or using our system. 

You accept that any information you send to us through our website and/or systems may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information. 

Accounts and Security

You may be required to create an account on our website in order to purchase goods and to use certain other parts of the website. Some criteria may include personal details and payment information. By continuing to use this website you represent and warrant that:

All information you submit is correct and truthful

You have permission to submit payment information where permission may be required

We recommend that you do not share your account details, particularly your username and password with anyone else. We cannot accept liability for any losses or damages incurred as a result of your account details being shared by you. If you use a shared computer, we recommend that you do not save your account details in your internet browser.

If you believe that your account details have been obtained by another person without your consent, you should either change your account password or contact us immediately to suspend your account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled prior to being dispatched. If an unauthorised purchase is dispatched prior to you notifying us of the unauthorised nature of the purchase, we recommend that you contact your bank or payment provider.

When choosing your username you are required to adhere to the terms set out above. Failure to do so could result in the suspension and/or deletion of your account.

Termination and Cancellation of Accounts

Both the user or us (the owner) may terminate your account at any point. If this was to happen you would be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

If we terminate your account, any current or pending purchases on your account will be cancelled and will not be dispatched. We reserve the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch. If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases within 14 calendar days.

If you terminate your account, any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases within 14 calendar days.

The Contract

These Terms and Conditions govern the sale of goods by us and will form the basis of the contract between us and you. Before making your order, please ensure that you have read our Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please do not hesitate to contact us. Nothing provided by us, including but not limited to, sales and marketing literature, price lists and any other documents constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our discretion, accept.

A legally binding contract between us and you will be created upon our acceptance of your order, indicated by our order confirmation. Order confirmations will be provided in writing, usually via email.

We shall ensure that the following information is given/made available to you prior to the commencement of the contract between us and you:

The main characteristics of the goods are outlined

Our identity and contact details are provided

The total price for the goods are explained including taxes or, if the nature of the goods is such that the price cannot be calculated in advance, the manner in which it will be calculated is explained

Where applicable, all additional delivery charges are explained or, where such charges cannot be calculated in advance, the manner in which they will be calculated is explained

Where necessary, arrangements for payment, delivery and timescale which we undertake to deliver the goods will be outlined

You are aware of our complaints handling policy 

You are aware of our legal duty to supply goods that are in conformity with the contract. 

Where necessary, details of after-sales services and commercial guarantees will be outlined

Where necessary, you are aware of the functionality, including appropriate technical protection measures, of digital content and any relevant compatibility of digital content with hardware and software

Goods, Pricing and Availability

Whilst every reasonable effort has been made to ensure that all visual representations and descriptions of goods for sale from us correspond to the actual goods you receive, we cannot be held responsible for variations from such descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to minor variations of the correct goods, not different goods altogether. 

You may be required to select the desired number of goods that you are purchasing before you reach check out.

All pricing information on the website is correct at the time of going live. We reserve the right to change prices and alter/remove any special offers at any time. If prices are changed during the period between an order being placed and processing that order and taking payment, the price shall be of that displayed during the checkout process prior to payment. All prices on the website include VAT and duty (where applicable). Spirit of Yorkshire Limited?s VAT number is: 171112649.

Discounts and Offers

Only one discount code/offer can be used at any given time and minimum order spend will usually apply. Online offers are subject to availability at all times.

Description and Specification of Goods

We have made every effort to ensure that all goods conform to illustrations, photographs and descriptions provided on our website and in our online sales and marketing literature and descriptions provided by our sales team. We cannot however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the printing process or differences in the colour reproduction of electronic displays. If you receive any goods that do not conform to your order, you should contact us.

If we find or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong goods, you may return those goods to us by following the guidelines outlined within our terms and conditions. If as a result of any such error or omission, you have paid too much, we will refund the excess paid for the goods. We reserve the right to make any changes in the specification of the goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.

Orders and Delivery

No part of this website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending you an order confirmation email. Only once we have sent you an order confirmation email will there be a binding contract between us (Spirit Of Yorkshire Limited) and you (the customer).

The confirmation email sent to you regarding the goods ordered will include full details of the characteristics of those goods, itemised pricing including taxes, delivery charges and any other charges where applicable, and estimated delivery dates/times. If in the event your order is not accepted for any reason, no payment shall be taken under normal circumstances. Any sums paid by you in relation to that order will be refunded within 14 calendar days. All goods that you purchase through our website will be delivered within 30 calendar days of our order confirmation unless otherwise agreed. Any risks associated with the goods shall remain with us until they come into your physical possession.

Faulty, Damaged or Incorrect Goods

We aim to always provide high quality goods that are undamaged and fault-free. We are bound by law to provide goods that are of satisfactory quality and are fit for purpose, as described at the time of purchase in accordance with any pre-contract information we have provided, and that match any samples or models that you have seen or examined (unless we have made you aware of any differences). If your purchased goods do not comply and, for example, have faults or are damaged when you receive them, or you receive incorrect goods, please contact us as soon as possible to make us aware of this so we can arrange for a refund, repair of the goods or send you a replacement. 

From the day that you receive the goods you have 30 calendar days to refuse the goods and to receive a full refund if they do not conform as stated above. You may request a repair of the goods or a replacement and we will arrange for this to be carried out within a reasonable amount of time and with as little inconvenience to you as possible. In certain circumstances where a repair or replacement is not possible we may instead offer you a full refund. You will be given the option to have the goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the goods. Replacements will be issued upon our receipt of the returned goods. Goods must be returned in their original condition with all packaging and documentation although the packaging can appear to have been opened. Refunds will be issued no later than 14 calendar days after receipt of the returned goods has been sent to you, and will include standard delivery charges. We regret that additional costs such as delivery and gift-wrapping cannot be refunded.

If any goods are damaged in transit and the damage is apparent on delivery, you should sign any applicable delivery note to the effect that the goods have arrived as damaged. To return the damaged goods, please contact us within 30 calendar days to arrange collection and return. We are fully responsible for paying shipment costs. You will be given the option to have the goods replaced or to be refunded through the payment method used by you when purchasing the goods. Replacements will be issued upon our receipt of the returned goods and refunds will be issued no later than 14 calendar days. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.

If any purchased goods appear faulty when delivered to you, please contact us within 30 calendar days to arrange collection and return. The guidelines stated above relating to damage in transit will apply. 

If any goods develop faults/become faulty beyond 30 calendar days from delivery but within a specified warranty period (if applicable), you are entitled to a repair or replacement under the terms of that warranty. Spirit Of Yorkshire Limited is not a party to such warranties and you must therefore contact the manufacturer of the goods directly.

Returning Goods If You Change Your Mind

If you are a consumer based within the EU and you are not satisfied with any goods purchased from us, you have the right to return them in exchange for a refund or a replacement subject to the provisions of this clause. This clause does not apply to goods that are not in compliance with the contract and your legal rights. This period begins once your order is complete and ends 14 calendar days after the goods have been delivered to you. If the goods are delivered to you in instalments, the 14 calendar day period begins on the day that you receive the final instalment. If you change your mind about the goods within this period, please inform us within 14 calendar days of receipt. You are responsible for paying return shipment costs if goods are returned for this reason. Refunds will be issued on receipt of the returned goods and in any event no later than 14 calendar days after you inform us that you wish to cancel under this provision and will include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded. We may not be able to accept returns under the cooling off period of the following types of goods and/or taking into account the following circumstances:

Goods made to your specifications or that have been personalised

Goods which are liable to deteriorate or expire rapidly

Goods which are sealed for health or hygiene reasons that have been unsealed after delivery

Goods which are, after delivery (according to their nature) inseparably mixed with other items;

Any use/enjoyment that you may have already had out of the goods beyond handling them to the extent necessary to establish the nature, characteristics and functioning of them (such as you would, for example, handle a display item in a shop). Please note that opening packaging does not prevent you from returning goods (unless they are prone to expire rapidly or are sealed for health/hygiene reasons). This does not include the opening of delivery packaging, only the packaging of the product itself. 

Privacy

Use of our website is also governed by our privacy policy which is incorporated into these terms and conditions. If you wish to opt-out of our placing cookies onto your computer or device you can adjust your internet browser's settings to restrict cookies as detailed in your internet browser's help menu. You may also wish to delete cookies which have already been placed.

Personal Information (Data Protection)

All personal information (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act. We may use your personal information to:

Provide our goods and services to you

Process your payment for the goods

Inform you of new products and services available. If you wish to not receive news of these you can unsubscribe at any time

In certain circumstances, we may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly. We promise not to pass on your personal information to any other third parties without first obtaining your permission.

Disclaimers

We cannot guarantee that our website will fit your needs/requirements, be of satisfactory quality, or that it will be fit for a particular purpose. We cannot confirm that it will not infringe the rights of third parties and that it will be compatible with all systems and be secure. We make no promises of any specific results from the use of our services.

Our website is not intended to constitute any advice and its contents are not to be relied upon when making any decisions or taking any action of any kind.

It is also not intended to constitute a contractual offer capable of acceptance. We aim to ensure that the website is secure and free of errors, viruses and any other malware however you are strongly advised to take responsibility for your own internet security and that of your personal details and your computers.

Changes to the Service and these Terms and Conditions

We reserve the right to change our website, its content or these terms and conditions at any time. If we did this, you would be bound by the changes from the first time you use the website following the changes. If we are required to make any changes to these terms and conditions in regards to the sale of goods by law, these will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

Availability of the Website

Our website and all services associated within it are provided "as is" and on an "as available" basis. We cannot guarantee and provide no warranty that our website/services will be error-free and faulty-free.

 We accept no liability for any disruption or lack of availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship. 

Limitation of Liability

Please note that you use this website at your own risk. To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or not, including any indirect, consequential, special or exemplary damages arising from the use of the website or any information contained within it. Further to this, nothing within our terms and conditions excludes or restricts our liability for any direct or indirect loss or damage arising out of the incorrect delivery of goods or out of reliance on incorrect information included on the website; or for death or personal injury resulting from any negligence or fraud on the part of Spirit Of Yorkshire Limited. In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

No Waiver

If any party fails to exercise any right or remedy contained within these terms and conditions shall not be construed as a waiver of that right or remedy. 

Previous Terms and Conditions

If any conflict between these terms and conditions and any previous versions of this arise, the provisions of these terms and conditions shall prevail unless it is expressly stated otherwise.

Third Party Rights

No part of these terms and conditions shall confer any rights upon any third party. The agreement created by these terms and conditions is between you (the user) and us (Spirit Of Yorkshire Limited).

Communications

All correspondence should be given to us either by post to our registered address of Unit 1 Hunmanby Industrial Estate, Hunmanby, North Yorkshire, YO14 0PH or sent via email to info@spiritofyorkshire.com.

We may occasionally send you information about our products and/or services available to you. If you do not want to receive such information, please click on the 'Unsubscribe' link in any email which you receive from us.

Law and Jurisdiction

These Terms and Conditions and the relationship between you and Spirit Of Yorkshire Limited are governed by and construed in accordance with the Law of England and Wales. Spirit Of Yorkshire Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

Spirit Of Yorkshire Limited
March 2017

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