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- Terms & Conditions of Business
- Café Voucher Terms & Conditions
- Modern Slavery Act
Heritage Portfolio Ltd is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Heritage Portfolio Ltd may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 22 August 2008.
What we collect
We may collect the following information:
- contact information including email address
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail.
We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. We may allow our staff and/or external service providers who are acting on our behalf to access and use your personal data for the activities we have described above. For example, if you consent to receiving marketing communications from Heritage Portfolio, your data will be sent to our email service provider and partner agency, ‘The Lane Agency’ as well as Mail Chimp (who manage our database, website and email marketing). We only permit them to use it to deliver the relevant service on our behalf as instructed by us, and if they apply an appropriate level of security protection and they have an agreement with us to treat your personal data in accordance with the law.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties, which we think you may find interesting if you tell us that you wish this to happen.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect.
Disclaimers and Limitation of Liability
The Heritage Portfolio website content, including the information, names, images, pictures, logos and icons regarding or relating to Heritage Portfolio Ltd, its products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
Heritage Portfolio Ltd will not be liable for any damages, including indirect or consequential damages, or any damages arising from use or loss of use, data or profits, whether in contract, negligence or other tortuous action, arising from or in connection with the use of the Heritage Portfolio website.
Heritage Portfolio Ltd does not warrant that functions contained in the Heritage Portfolio website content will be uninterrupted or error free, that defects will be corrected, or that the Heritage Portfolio website or the server that makes it available are free of viruses or bugs.
This accessibility statement was last updated: January 2015
The Heritage Portfolio website follows guidelines on accessibility set out by the W3C (the World Wide Web Consortium). The W3C WAI (Web Accessibility Initiative) produces accessibility guidelines that are an internationally recognised benchmark of accessibility.
As a minimum standard, this site has been designed to meet all Web Content Accessibility Guidelines 2.0, W3C World Wide Web Consortium Recommendation 11 December 2008, Level A and Level AA Success Criteria. Many of the guidelines listed as level three (required for an AAA rating) also contain some requirements that are important in practice, and we have attempted to achieve as many of these level-three guidelines as practical in the design and implementation.
Resizing text in your browser
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If you are using another browser, please refer to your browser help to learn how to resize text.
The website uses W3C (World Wide Web Consortium) technologies, wherever possible.
Pages validate as HTML5 and CSS level 3.
The site also makes use of the following non-W3C technologies:
Portable Document Format (PDF): Certain documents on this site are available only in this format, which requires you to download and install the free Adobe Acrobat Reader software.
If you cannot access the information in any PDF document please email firstname.lastname@example.org
Heritage Portfolio Ltd is committed to making its websites accessible to all people, regardless of ability.
We will continue to closely monitor developments and changes in WAI guidelines and general website best practice.
If you feel that this website could be easier to use, or you have difficulty accessing any information, or find that any part of the site is not accessible, please email email@example.com
1. CANCELLATION POLICY
Should you require to cancel your booking with us the following policy will apply:
|Date of Cancellation||Cancellation charge payable by you|
|More than 12 weeks before the event is scheduled to take place||25% of the total booking value|
|Between 12 & 6 weeks before the event is scheduled to take place||50% of total booking value|
|Less than 6 weeks before the event is scheduled to take place||90% of total booking value|
|Within 14 working days of the scheduled event date||100% of total booking value|
- The cancellation charges detailed above are expressed exclusive of any applicable VAT.
- In the event that the client cancels a booking that Heritage Portfolio Ltd has made on its behalf, for entertainment, audio visual equipment, furniture or otherwise, all cancellation charges shall be met by the client
2. COULD HERITAGE PORTFOLIO LTD CANCEL MY BOOKING?
Only in the following exceptional circumstances:
- If any part of the event location is closed due to events beyond our control
- If you, or we, become insolvent, or in the case of the individual, become apparently insolvent
- If the booking, the persons associated with booking and/or the purpose of the event might damage the reputation of
- Heritage Portfolio Ltd
- If Heritage Portfolio Ltd (acting reasonably) deems the location for the event to be unsafe or dangerous
- If Heritage Portfolio Ltd is not satisfied that sufficient insurance provision is held by the contracting client
3. FINAL / CHANGES OF NUMBERS/EVENT AMENDEMENTS
- The client must notify Heritage Portfolio Ltd in writing of its estimated final numbers to the nearest 10 guests 14 days before the commencement of the function
- Final numbers must be given 7 working days before the commencement of the function. If this is not done the client will be charged for the last number received or the actual number of guests catered for, whichever is the greater.
- Heritage Portfolio Ltd cannot guarantee to supply service to numbers of guests arriving at a function in excess of the agreed final number. if given less that 7 days notice.
- Heritage Portfolio Ltd will endeavour to meet any client requests for changes or amendments to their bookings during the final 7 working days prior to their event, the costs for which will be borne by the client and will be subject to an admin fee of £25.00 plus vat per amendment.
4. PAYMENT / DEPOSITS
- Heritage Portfolio Ltd reserves the right to ask for a deposit to Confirm a Booking
- A payment request for the Total Estimated Charge of a function will be issued by Heritage Portfolio Ltd. Payment must be made by the client within 14 days of the date requested or prior to the event, whichever is earlier.
- Should the Payment Request be outstanding more than 14 days from the date of request or remain outstanding on the date of the event, then Heritage Portfolio Ltd may treat the Confirmed Booking as being cancelled by the client, our Cancellation Policy will then be applied.
- Heritage Portfolio Ltd reserves the right to retain any payments previously made by the client in relation to the specific function in accordance with the Cancellation Policy.
- All payments requests and invoices must be paid in full without set off whatsoever
- Heritage Portfolio Ltd reserves the right to charge interest at the rate of 5% per month above the base rate of the Bank of Scotland from the due date of payment until the date on which the outstanding amount is paid in full.
- Payments may be made by Cheque or BACS. We are happy to accept MasterCard, Visa or a Debit Card, these can only be accepted if presented in person and authorized by clients PIN; credit card payments will be subject to a 2% processing fee being the charge levied by our card processor; except in the case of post event incidentals under £500 where no processing fee will be applied.
5. CONDUCT OF GUESTS
- The client shall be responsible for the orderly conduct of the function and shall ensure that nothing shall be done which may constitute a breach of the law or in any way cause a nuisance or be an infringement of or occasion or render possible forfeiture or endorsement of any licence for the sale of alcohol or for music and dancing. Failure to do so shall entitle Heritage Portfolio Ltd to require the offending individual(s) to leave the function and shall constitute a breach of these Terms and Conditions of trading.
- You will indemnify us against any loss, damage, costs and expenses (including legal expenses) which we may suffer or incur and against any claims brought against us as a result of any act or omission of either you or your guests or as a result of any defect in equipment supplied by either you or your guests.
- The client will be responsible for any damage to the property of Heritage Portfolio Ltd caused by it or its guests during the function.
- Smoking is not permitted within any of the company premises or at any event catered by the company in accordance with the “Smoking, Health and Social Care (Scotland) Act 2006; you will be responsible for the conduct of all guests to ensure that this legislation is strictly adhered to. Failure to do so shall entitle Heritage Portfolio Ltd to require the offending individual(s) to leave the function and shall constitute a breach of these Terms and Conditions of trading and may result in the relevant authorities imposing a Fixed Penalty £50 Fine on each individual.
6. BEVERAGE SALES
- If you choose to pay for drinks on a consumption basis, we can provide you with an estimate before your event. The final invoice will, however, be charged on a consumption basis. We can provide drinks according to a fixed budget if this budget is agreed in writing prior to the event.
- Should you wish Heritage Portfolio Ltd to operate a cash bar and apply for an occasional licence, a minimum of 42 week days notice is required and you are liable for the cost incurred by Heritage Portfolio Ltd in obtaining the licence which is subject to Licensing Board approval and cannot be guaranteed by Heritage Portfolio Ltd. You will be responsible for the orderly conduct of the guests and will ensure that their behaviour in no way jeopardises any liquor licence in force during the time of the event.
7. EQUIPMENT USE
- Should you wish to bring your own equipment to the location, you must ensure it has been tested and is safe to use, all electrical equipment must have a valid PAT (Portable Appliance Test) certificate. Heritage Portfolio Ltd accepts no liability for any equipment you bring to the event location and we would ask you to comply with all relevant statutory legislation.
8. ADDITIONAL EQUIPMENT OR FACILITIES
- All prices are quoted on the basis of suitable and sufficient catering facilities or areas being made available to us. You must notify us at least 10 weekdays in advance of your event if you require Heritage Portfolio Ltd to provide any catering facilities or areas. Additional charges may be levied where no such facilities or areas exist.
- You are liable for all costs resulting from breakages and loss or damage to any equipment or fixtures and fittings not caused by Heritage Portfolio Ltd.
- Heritage Portfolio Ltd will make every effort to provide you with the menu of your choice. If for any reason, such as seasonal change or unavailability of produce, this proves impractical, Heritage Portfolio Ltd will contact you as soon as possible to discuss a substitute menu. Providing the substitute is reasonable, you will not be entitled by that reason alone to cancel the order.
- Please note that menu prices are subject to change due to seasonal influences. Heritage Portfolio Ltd reserves the right to alter menu prices without notice.
- Upon request the company is happy to offer a menu tasting for up to 4 guests to assist you in the planning process of your event, this will be provided at a set charge of £100.00 plus vat per tasting, providing your event proceeds. Should your event, for whatever reason not proceed following your menu tasting a charge of £250.00 plus vat will be levied.
- Prices for the catering services apply to the customer’s estimate of the number of guests attending the function. Heritage Portfolio Ltd will re-price events if the number of persons who attend the event differs from the customer’s said estimate by more that 5%. Heritage Portfolio Ltd will endeavour to include all necessary costs in the original quote. If, however, additional equipment, crockery and cutlery and staffing requirements become apparent after the original quote, the client will be charged for these.
- Heritage Portfolio Ltd’s prices are non commissionable.
- Unless otherwise stated all prices quoted by Heritage Portfolio Ltd exclude VAT.
- Staffing charges included in prices are based on “normal” scenario. It may be necessary to increase the staffing level should circumstances dictate.
- Any price alteration will be notified to the client in advance of the event.
- Heritage Portfolio Ltd reserves the right to alter prices quoted if Heritage Portfolio Ltd’s costs are increased due to special circumstances beyond.
- Heritage Portfolio Ltd’s control, such as charged commodity costs, liquor duties or the event running on beyond the agreed timings. Any such price alterations will be kept to a minimum and will be notified to the client in advance of the event.
- It is the client’s responsibility to make all necessary bookings and reservations to ensure that the venue for the function is available to Heritage Portfolio Ltd for a reasonable time in advance of, for the duration of and after the event. The client must also ensure the venue is suitable for the provision of the catering services requested. The client is responsible for ensuring that the said venue complies with health & safety regulations that are appropriate to the venue.
- In the event that the venue is deemed unsuitable we will make all reasonable efforts to relocate to an alternative suitable venue, in such circumstances the client agrees to reimburse us for all additional costs incurred.
- In the event that we are prevented from gaining access to the venue chosen by the client for whatever reason, we will having made all reasonable efforts to gain normal access treat the event as having been cancelled by the client, our standard cancellation policy will be applied.
- It is the client’s responsibility to adhere to the Scottish Offices Environmental & Natural Resources PAN:56 Planning & Noise. Full details can be found on www.scotland.gov.uk.
15. DELIVERY CHARGE
- Outside Catering Events will be subject to a delivery charge within the Edinburgh city zone of £25.00 + vat per booking. Deliveries outwith this zone will be subject to an individual quotation.
- The client shall indemnify the company and its Directors, Officers and Employees against all charges, claims, damage, liabilities, proceedings, demands, fines, fees, costs or expenses (to include legal expenses) including but not limited to, loss or goodwill, loss of profit of opportunity suffered by Heritage Portfolio Ltd directly and indirectly as a result of any breach of these Terms and Conditions of Trading and /or the negligence or willful default of the client or any of its guests.
- The client shall ensure that it has sufficient insurance provision in place to meet any and all claims levelled against it; Heritage Portfolio reserves the right to request a copy of client’s insurance details in advance of an event to satisfy itself that sufficient cover is in place.
- Heritage Portfolio may cancel an event if it does not consider that sufficient insurance provision is held by a client in order to indemnify the company fully.
- Heritage Portfolio Ltd may rescind its contract with the client if it is prevented, hindered or delayed from performing any of its obligations under the contract by a Force Majeure event.
- Heritage Portfolio Ltd accepts no responsibility for items left or stored during any event at which it is contracted to cater. The client should ensure that they have sufficient insurance provision in place to meet any and all claims levelled against it and shall indemnify the company and its Directors, Officers and Employees against all charges, claims, damage, liabilities, proceedings, demands, fines, fees, costs or expenses.
17. USE OF INFORMATION
- Information that we acquire from our clients will be treated as confidential and will not be disclosed other than in the normal course of performing services on our client’s behalf unless their consent has been obtained or the information is required by a Court of competent jurisdiction or is already in the public domain or it has been received from a third party whom we reasonably believe is permitted to supply such information to us.
- Information supplied by clients may be used for research and statistical purposes and may also be used to provide clients with information about products and services that we believe could be of interest. Clients may remove themselves from such mailings by writing to The Data Controller, Heritage Portfolio Ltd,49 North Fort Street, Edinburgh, EH6 4HJ.
Online consumer goods, services and digital content terms and conditions – Café Vouchers
- THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply vouchers (via online purchase) to the value of products or services provided at our venues (“Vouchers”).
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Vouchers to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Heritage Portfolio Limited a company registered in Scotland. Our company registration number is SC234207 and our registered office is at Hopetoun House, South Queensferry, West Lothian, EH30 9SL. Our registered VAT number is 864 4414 17.
2.2 How to contact us. You can contact us by telephoning our customer sales service team at 0131 555 2229 or by email to firstname.lastname@example.org or by writing to us at 49 North Fort Street, Edinburgh EH6 4HJ.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
- OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Vouchers. This might be because the product supplied under the Vouchers is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product provided under the Vouchers or because we are unable to meet a delivery deadline.
3.3 We only sell to the UK. Our website is solely for the promotion of our products in the UK.
- OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products and/or services (provided under the Vouchers) on our website are for illustrative purposes only. Although we have made every effort to display the products and/or services accurately, we cannot guarantee that a device's display of the product and/or services, including but not limited to the colours of a product, accurately reflects the products themselves. Your product and/or services may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
- YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Vouchers you have ordered please contact us within 14 days of your order. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Vouchers, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
- OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change the product and/or services supplied under the Vouchers:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes should not affect your use of the product unless otherwise advised.
6.2 More significant changes to the products and these terms. In addition we may be required to make significant changes to these terms or the product and/or services provided under the Vouchers, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Voucher products and/or services paid for but not received as a result of any significant changes required to be made by us.
PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery of the Vouchers, if relevant, will be as displayed to you on our website.
7.2 When we will provide the products. During the order process we will let you know when we will provide the Vouchers to you.
7.3 We are not responsible for delays outside our control. If our supply of the Vouchers is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Vouchers you have paid for but not received.
7.4 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Vouchers to you. If so, this will have been stated in the description of the Vouchers on our website. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Vouchers late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.5 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a Voucher to:
(a) deal with technical problems or make minor technical changes;
(b) update the product and/or services provided under the Voucher to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product and/or services provided under the Voucher as notified by us to you (see clause 6).
7.6 Your rights if we suspend the supply of products and/or services under a Voucher. We will contact you in advance to tell you we will be suspending supply of the product and/or services under a Voucher, unless the problem is urgent or an emergency. You may contact us to end the contract for a product and/or service under a Voucher if we suspend it, or tell you we are going to suspend it, in each case indefinitely and we will refund any sums you have paid in advance for the Voucher in respect of the period after you end the contract.
7.7 We may also suspend supply of the products and/or services under a Voucher if you do not pay. If you do not pay us for the Vouchers when you are supposed to (see clause 12.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products and/or services under the Voucher until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products and/or services under the Voucher.
YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the 14 day cooling-off period, but this may be subject to deductions;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product and/or services under a Voucher or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product and/or services under a Voucher you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products and/or services under a Voucher may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products and/or services under a Voucher for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for an indefinite period; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Vouchers bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order. However, once we have completed the supply of products and/or services under the Voucher you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know within 14 days by calling our customer sales service team on customer sales service team at 0131 555 2229, or emailing us at email@example.com, or by post to 49 North Fort Street, Edinburgh EH6 4HJ including details of what you bought, when you ordered or received it and your name and address. Please provide your name, home address, details of the order and, where available, your phone number and email address. After you have ended the contract any Vouchers provided will be deemed void.
9.2 How we will refund you. We will refund you the price you paid for the Vouchers by the method you used for payment.
9.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) Your refund will be made within 14 days from the day on which we receive the Voucher back from you or, if earlier, the day on which you provide us with evidence that you have sent the Voucher back to us or destroyed the same.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Vouchers; and
(c) you do not, within a reasonable time, allow us to deliver the Vouchers to you.
10.2 We may withdraw the product and/or services under a Voucher. We may write to you to let you know that we are going to stop providing the product and/or services under a Voucher.
IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems. If you have any questions or complaints about the Voucher, including but not limited to incorrect details being provided on the Voucher then please contact us.
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
PRICE AND PAYMENT
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product and/or services under a Voucher advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product and/or services under a Voucher you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product and/or services under a Voucher, we will adjust the rate of VAT that you pay, unless you have already paid for the product and/or services under a Voucher in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products and/or services under a Voucher we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product and/or services under a Voucher correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product and/or services under a Voucher correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
12.4 When you must pay and how you must pay. We accept payment by those methods confirmed on our website at the time of order. You must make payment for Vouchers at the time of your order.
12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and/or services under a Voucher; and for defective products under the Consumer Protection Act 1987
13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you; your data will be held in our system for up to five years after purchasing your voucher (please note this doesn not include your bank details.)
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us. 14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the laws of England & Wales and you can bring legal proceedings in in the English & Welsh courts. If you live in Scotland you can bring legal proceedings under English law in either the Scottish or the English & Welsh courts. If you live in Northern Ireland you can bring legal proceedings under English law in either the Northern Irish or the English & Welsh courts.
15.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
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