Yorkshire Dales National Park Authority Online Shop Terms & Conditions

ONLINE SHOP TERMS & CONDITIONS

This page (together with our Privacy Policy)  tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products listed on the Yorkshire Dales National Park’s Online Shop (Products) – yorkshiredales.org.uk/shop (our site) to you.

These Terms will apply to any contract between us for the sale of products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.  Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any products from our site.

You should print a copy of these Terms or save them to your computer for future reference. We reserve the right to update, change or replace any part of these Terms in accordance with Clause 8 at any time on this page by posting updates and/or changes to our website. Every time you wish to order products, please check these Terms to ensure you understand the terms which will apply at that time. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 These Terms, and any Contract between us, are only in the English language.

1.       Information about us

1.1          All profits made from the sales of goods on our site are paid directly to the Yorkshire Dales National Park to support its work. The Online Shop is operated by the Yorkshire Dales National Park Authority (we, us or our (as appropriate)): Yoredale, Bainbridge, North Yorkshire, DL8 3EL. Your Contract, once made, is with Yorkshire Dales National Park Authority.

1.2          Contacting us if you are a consumer:

(a)            To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to email us at retail.services@yorkshiredales.org.uk

If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.

(b)            If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning us on 01756 751600 (Monday to Friday), by post to Yorkshire Dales National Park, Colvend, Hebden Road, Grassington, BD23 5LB.  Or by emailing us at online@yorkshiredales.org.uk

(c)            If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.

1.3          Contacting us if you are a business. You may contact us by telephoning us on 01756 751600 or by emailing us at retail.services@yorkshiredales.org.uk

2.       Our Products

2.1          The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

2.2          Although we have made every effort to be as accurate as possible, because some of our Products are handmade, often from recycled products all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.

2.3          The packaging of the Products may vary from that shown on images on our site.

3.      Use of our site

3.1       Your use of our site is governed by these Terms & Conditions. Please take the time to read these, as they include important terms which apply to you.

4. How we use your personal information

4.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

5.       If you are a consumer

This clause 5 only applies if you are a consumer.

5.1           If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.

6.       If you are a business customer

This clause 6 only applies if you are a business.

6.1          If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

6.2          These Terms and our Privacy Policy constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

6.3          You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or our Privacy Policy.

6.4          You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

7.      How the contract is formed between you and us

7.1          Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

7.2          After you place an order, you will receive an email from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place as described in clause 7.3.

7.3          We will confirm our acceptance to you by sending you an email that confirms that the Products have been despatched. The Contract between us will only be formed when we send you the Despatch Confirmation.

7.4          If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

8.      Our right to vary these Terms

8.1          We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed (if applicable).

8.2          Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

8.3          We may revise these Terms as they apply to your order from time to time:

(a)           to reflect changes in relevant laws and regulatory requirements; and/or

(b)           in the event that there is a material change to our relationship with our suppliers.

8.4          If we have to revise these Terms as they apply directly to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

9.      Your consumer right of return and refund

This clause 9 only applies if you are a consumer. Please also note the “How to Return an Item” section in FAQs.

9.1          Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you are a consumer, you have a legal right to cancel a Contract within 14 days and claim a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.

9.2           Our Delivery and Returns Policy. Please note, these terms reflect the delivery and returns policy on our website, which is more generous than your legal rights under the Consumer Contracts Regulations 2013 in the ways set out below. This delivery and returns policy does not affect your legal rights in relation to faulty or mis-described Products.

9.3          When you don’t have the right to change your mind. The cancellation right referred to above does not apply in the case of:

1. Perishable goods such as food.
2. Sealed audio or sealed video recordings, once these products are unsealed after you receive them.
3. Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
4. Any products which are services relating to the supply of national park events and activities (including but not limited to our cycle hire), where the services provide for a specific date or period of activity. 
5. Earrings.
6. Some health and personal care items.
7. Book with obvious signs of use.
8. Any item that is returned more than 30 days after delivery/purchase.
9. Sales items.
10. Gift vouchers.

9.4          Your right to cancel a Contract starts from the date of the Despatch Confirmation (the date on which we email you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

9.5          To cancel a Contract, you just need to let us know that you have decided to cancel. 

9.6           You can email us at retail.services@yorkshiredales.org.uk or by post it is Yorkshire Dales National Park, Retail Department, Colvend, Hebden Road, Grassington, BD23 5LB. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post (Stamp dated) the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.

9.7          If you cancel your Contract we will:

1. refund you the price you paid for the products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an
   1. make any refunds due to you as soon as possible.

9.8  If you have returned the Products to us under this clause 9 because they are faulty, missing or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

•           We will refund you on the credit card or debit card used by you to pay.

9.10        If a Product has been delivered to you before you decide to cancel your Contract:

(a)           then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can send it back to Yorkshire Dales National Park, Retail Department, Colvend, Hebden Road, Grassington, North Yorkshire, BD23 5LB unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.

9.11        Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

10.     Delivery

10.1        We aim this to be within 7-10 working days and in any event 30 days after the date of the Despatch Confirmation (the date on which we email you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an event outside of our control. See clause 16 for our responsibilities when this happens.

10.2     We currently only ship to addresses within the UK. We do not ship to PO Boxes.

10.3        Delivery of an Order shall be completed when we deliver the products to the address you gave us and the Products will be your responsibility from that time.

10.4        You own the Products once we have received payment in full, including all applicable delivery charges.

10.5        If we miss the 30 day delivery deadline for any products then you may cancel your Order straight away if any of the following apply:

(a)            we have failed to deliver the products;

(b)            delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c)            you told us before we accepted your order that delivery within the delivery deadline was essential.

10.6        If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.

10.7        If you do choose to cancel your Order for late delivery under clause 4 or clause 10.5, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.

10.8 Delivery Costs. The costs of delivery will be displayed on our website.

11.     Price of products and delivery charges

11.1        The prices of the products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered onto the system. However please see clause 12.5 for what happens if we discover an error in the price of product(s) you ordered.

11.2        Prices for our products may change from time to time, but changes will not affect any order you have already placed.

11.3        The price of a product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.

11.4        The price of a product does not include packaging and delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery and Charges page.

11.5        Our site contains a large number of products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.

12.     How to pay

12.1        You can pay for products using a debit card or credit card.

12.2        Payment for the products and all applicable delivery charges is in advance. We take payment when the order is placed.

13.    Our liability if you are a consumer

This clause 13 only applies if you are a consumer.

13.1        If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

13.2        We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.3        We do not in any way exclude or limit our liability for:

(a)            death or personal injury caused by our negligence;

(b)            fraud or fraudulent misrepresentation;

(c)            any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d)            any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e)             defective products under the Consumer Protection Act 1987.

14.     Events outside our control

14.1        We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control.  This excludes the current Coronavirus Pandemic.

14.2        If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a)            we will contact you as soon as reasonably possible to notify you; and

(b)            our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

14.3        You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days.  To cancel please contact us by email at retail.services@yorkshiredales.org.uk or contact our team by post – Yorkshire Dales National Park Authority, Retail Department, Colvend, Hebden Road, Grassington, BD23 5LB. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any delivery charges. 

15.     Communications between us

15.1        When we refer, in these Terms, to “in writing”, this will include email.

15.2        If you are a consumer you may contact us as described in clause 1.2.

16.     Other important terms

16.1        We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

16.2        You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

16.3        This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

16.4        Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.5        If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

16.6        If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

16.7        If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

16.8        If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).