TERMS and CONDITIONS;
The following Terms and Conditions apply to the use of Yorkshire-Worms Ltd website. By accessing this website and/or placing an order, you are subject to the following Terms and Conditions. Use of Yorkshire-Worms Ltd is an acceptance in agreement of these Terms and Conditions.
1. Introduction
In acceptance of the Terms and Conditions you are permitted the use of all search facilities within Yorkshire-Worms Ltd and to access all products within the site.
We may revise these terms and conditions at any time by updating this page. You should check this page from time to time to review the then current terms and conditions, for any further updates and changes. Certain provisions of these terms and conditions may be superseded by legal notices or terms located on particular pages of this Website.
2. Ordering
When ordering online you are deemed to place the order through our secure online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors.
Our acceptance of an order takes place when we despatch the order. Even if your payment has been processed immediately, we can choose to cancel the order and refund without compensation if no goods are available to send.
We may refuse to accept an order:
(a) where goods are out of stock or no longer available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.
3. Pricing
All prices include VAT (where applicable) at the current UK rates. All prices are shown inclusive of VAT at all stages throughout the searching/ordering process, and all prices quoted in addition to this website by phone or by email shall also be given inclusive of VAT at all times.
Although we endeavour to keep all prices and information within the Website up to date and accurate at all times, on occasion manufacturers and suppliers will make changes without prior warning, for which we reserve the right to make pricing alterations and changes to information displayed at short notice.
Prior to receipt of invoice and goods, if a pricing error occurs through the website or by quotation upon enquiry or point of ordering, we will endeavour to maintain the price for you, but in circumstances where this is not possible we reserve the right to inform you of this error, and if you wish to proceed, make the necessary amendments prior to processing your order.
Where we charge separately for postage and packaging and other relevant charges, the appropriate rates are set out on this website and in addition will be clearly displayed online during searching and checkout stages.
4. Cancellation and Returns Policy
If you wish to cancel your order:
(a) you can notify us. See the Contact Us page for details; or
(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause below. The cost to safely and securely return any unwanted items lies solely with the purchaser.
Any goods for return must be notified to us in writing within 7 working days commencing from the day after receipt. Any non-faulty goods returned outside of the 7 day period without notice during the period we reserve the right to refuse.
The rights to return the goods to us will not apply in the event that;
a) the product has been used
b) the product is not returned to us in the same condition as you received the product.
c) the product has been sold/passed on to a third party Any goods that are damaged in transit on return to Yorkshire-Worms Ltd due to poor packaging or lack of care on your behalf will not be refunded and will be returned to sender. Please ensure all returns are packaged to the same level as when initially received.
Some of the items available from Yorkshire-Worms Ltd will be delivered requiring a signature upon receipt. Prior to signing for goods we ask that you check that the goods are both undamaged and that all goods are in the consignment that should be. Signing for the goods is an acceptance that everything in the delivery is as it should be and undamaged. If your order is being sent to a work address please ensure that the person signing for the goods on your behalf if not yourself is aware of what needs to be done on the arrival of the delivery. If you inform us of damages or shortfalls after signing for a consignment it makes it extremely difficult to make a claim from the couriers and some couriers will not accept liability. Claims for damages and shortfalls will be processed within 48 hours.
5. Licence
You are permitted to print and download extracts from this Website for your own “non-commercial” use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) any of our copyright and trade mark notices on images or within text appear in all copies displayed.
Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than previously mentioned above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior permission.
Any rights not expressly granted in these terms are reserved.
6. Service Access
While we endeavour to ensure that this Website is available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
7. Visitor Material and Conduct
Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website which is non personal will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material.
You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Website (including, without limitation, by hacking).
We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses already stated.
8. Links To and From Other Websites
Any links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
If you would like to link to this Website, you may only do so on the basis that you link to but do not replicate the pages of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Yorkshire-Worms Ltd logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any Yorkshire-Worms Ltd trade marks displayed on this Website without our express written permission;
(f) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause for breach of these terms and to take any action we deem appropriate.
You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of the clause (f).
9. Registration
Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
10. Disclaimer
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material by a given time.
The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
11. Liability
Yorkshire-Worms gives no assurance as to the mutual compatibility of components sold on any single invoice. It is the responsibility of the buyer to ensure that the goods purchased are suitable for the purpose intended. Advice sought by the customer from ‘Yorkshire-Worms’ in this respect may be given but cannot be relied upon by the customer or guaranteed by ‘Yorkshire-Worms’. ‘Yorkshire-Worms’ accepts no liability to the Customer in respect of any damage, destruction or loss howsoever caused by our products after delivery to the Customer. The Customer shall be solely responsible for ensuring that the Goods are stored and used safely and appropriately. Upon receipt of ‘Yorkshire-Worms’ product(s) the customer must transfer the Goods into containers suitable for the storage of those Goods.
LIVE WORMS (SUITABILITY FOR JOB):
Any advice or recommendation given on this web site or otherwise given by us or any of our employees or agents or by customer reviews to you as to the storage, application or use of the Goods is followed or acted upon entirely at your own risk, and accordingly we shall not be liable for any such advice or recommendation. Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
Whilst we endeavour to deliver all goods in the times quoted at point of ordering, on occasion there can sometimes be delays which are out of our control and sometimes unforeseen. We will endeavour to notify you of any delays foreseen where possible, but we shall not accept liability for any losses, damages, or costs incurred due to a delay in delivery. We urge you not to arrange to have parts fitted or modified until such time as the parts have safely arrived with you as we will not accept responsibility for any cancellation or fitting fees incurred as a result.
On the rare occasion that goods are lost in transit, the goods will be replaced for an identical product. We will not issue a refund.
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
12. Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
13. Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
14. Credit & Debit Card Payments
PRIVACY POLICY & DATA: At Yorkshire-worms Ltd we do not store customer credit card details about you, we do not share or pass information on to any third parties with one exception to fulfil a shipping address for the courier or Royal Mail for order completion.
All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
Data collected by this site is used to: –
• Take & fulfil customer orders.
• Information will only be disclosed to third parties for goods delivery purposes.
• We will not share your data with third parties for marketing purposes other than for Yorkshire-worms Ltd.
You can request details of what information we hold about you and if you would like it deleted please let us know.
Yorkshire-worms Ltd is committed to ensuring that your privacy is protected and we conform to the requirements of the GDPR (General Data Protection Regulation). We will take all reasonable precautions necessary to protect personal data.
What Data do we collect?
We collect only the minimum information required to fulfill your order.
1. Name and address (s).
2. Contact information including telephone number and email address.
What we do with the information we gather?
Your information will never be passed onto anyone else. Your information is used solely for:
Contact if there is a problem with the delivery of your product
We need to give your name, address, email and telephone number to our delivery company, Who will use your email / telephone number to alert you about your delivery.
Your details are also passed to our payment processors – Paypal when you pay via credit/debit cards. We do not hold any card information at Yorkshire-worms Ltd nor do we have access to it once you have paid.
15: PRODUCT HANDLING AND CARE:
Due to the nature of the products we advise customers to use gloves and other personal protective equipment suitable for the task and to read any safety instructions provided with the product ordered. Please be aware on rare occasions small amounts of debris can be found within the coir block.