These online shopping terms and conditions apply to all orders for products which you place with us using the Website and apply in addition to the Conditions of Use.
Before placing your order, please read carefully these Terms and Conditions, together with our Conditions of Use and our Privacy Policy. Together they constitute the entire legal agreement between us.
You accept and agree to be bound by these Terms and Conditions when you click the "accept" button on the checkout page.
We reserve the right to change the contents of this Website, including these Terms and Conditions, at any time by posting such changes on the Website. The legal agreement between us will be governed by the Terms and Conditions in force at the time you place your order and click the "accept" button.
Nothing in these Terms and Conditions affects your statutory rights either as a consumer or otherwise.
If you do not confirm your acceptance of these Terms and Conditions, you will not be able to place any orders.
OrdersWhen you place an order to purchase a product using the Website, those orders will be subject to these Terms and Conditions. The Company is under no obligation to accept your order and all orders will be subject to availability at that time.
We acknowledge receipt of orders by sending you an email summarising the details of your order. This does not constitute our acceptance of your order.
Once we have confirmed availability and processed payment for the products you have ordered, we will send you an email to confirm that your order has been accepted "Confirmation Email". The contract between us is formed at the point we send you the Confirmation Email for the products detailed in the Confirmation Email.
If there are any problems with your order, you will be contacted by a member of the Consumer Care Team.
Price and Payment
The price for the products that you order will be the price quoted on the Website at the date the order is received, except in the case of obvious error.
The price of the products include VAT where applicable but exclude delivery costs, which will be added to the total amount due.
Payments must be made by credit or debit card (please see the relevant part of the Website for a list of those payment cards accepted and method of payment). By submitting a credit or debit card number, you: (a) represent and warrant that your use of the particular card is authorised and that all information that you submit is true and accurate; and (b) authorise us to charge to the card you tendered all amounts payable by you to us based on the products you order. We regret that we cannot accept payment by cheques or cash for online purchases.
You may be subject to validation checks and/or third party authorisations.
Your Information
You are personally liable for any orders that you place and charges that you incur.
As a user of the online shopping facility on this Website, you may need to set up and maintain an account on the Website. You are solely responsible for keeping your passwords confidential and secure at all times. You should notify us immediately if you become aware of any unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account. In no event shall we be responsible for any loss you may suffer as a result of any misuse of your account and/or passwords.
You agree to provide current, complete and accurate information required to complete your account registration and at other times as may be required in the course of using this Website "Registration Data". You further agree to maintain and update Registration Data as required to keep it current, complete and accurate. If any information you provide is false, incomplete or inaccurate, we may terminate your rights to use this Website and the services offered via this Website. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that we may store and use Registration Data you provide (including credit card information) for maintaining your accounts and billing fees to your credit card.
Delivery
Non-Food Products - For non-food products, we aim to dispatch your products by first class post to the address requested in the order within two working days of the date of placing your order.
If we cannot deliver the products within 30 days of your order, we will notify you and you will be entitled to cancel your order and a refund will be made to you. In no event shall we be liable to pay for any damages or penalty for any delay in delivery of the products however caused.
Perishable Products - For perishable products (such as fresh and frozen fish items), we will aim to dispatch the products within 5 working days of placing your order. We will deliver the products to you, by carrier, in temperature controlled conditions.
If we cannot deliver these products within 30 working days of your order, we will notify you and you will be entitled to cancel your order and a refund will be made to you. In no event shall we be liable to pay for any damages or penalty for any delay in delivery of the products however caused.
Risk - Risk in the products shall pass to you once they have been delivered to the delivery address stipulated in your order. It is your responsibility to store the products in suitable conditions as soon as you receive the products. We do not accept responsibility for any deterioration in quality which may arise as a result of inappropriate storage of the products after delivery has taken place.
Your Right To Cancel
For all perishable products (including fresh and frozen fish items), you may cancel your order at any stage before and up to 7 days after you have placed your order with us, provided we have not dispatched the relevant products to you. To do this, you must notify us in writing at the following address: Consumer Care Department, Young's Seafood Ltd, Wickham Road, Grimsby DN31 3SW, or by sending an email to careline@youngsseafood.co.uk.
Once we have dispatched any perishable products, we regret that you cannot cancel your order for such products.
For any other products, which are not perishable, you may cancel your order before and up to 7 working days after the products are delivered to you "Cooling Off Period" provided:
- You notify us in writing (at the address above or by sending an email to careline@youngsseafood.co.uk before the Cooling Off Period ends that you wish to cancel the order; and
- If the Products have been delivered to you, you will return them to us (at your own cost) in an 'as new' condition as they were on delivery.
Where you cancel an order in accordance with the procedures at paragraphs 6.1 or 6.3, we will (at your request) either exchange the products or refund the amount you have paid. Refunds will be credited to the payment method used to make the original purchase.
Until you return the products to us you are responsible for their safe keeping and taking reasonable care of them. It is your responsibility to package the products adequately and safely, as we do not accept liability for packages damaged during transit back to us.
Cancellation By Us
We reserve the right to cancel any order (or part of any order) if for any reason the products are no longer available, in which event we will notify you by email and refund any payments you have made for that order.
We endeavour to make sure that all prices advertised on the Website are correct. However, if we discover that the product you have ordered was listed at an incorrect price we will inform you of the correct price as soon as possible. We will give you the option of re-confirming your order or cancelling it. If you choose to cancel your order we will refund any payments made.
We will not be obliged to offer any additional compensation for disappointment suffered if your order is cancelled for any reason.
Quality and Delivery Issues
If you are not satisfied with the quality of any of our products, or if the products you receive are incorrect on delivery, please notify us immediately by contacting the Consumer Care Team at Consumer Care Department, Young's Seafood Ltd, Wickham Road, Grimsby DN31 3SW, careline@youngsseafood.co.uk.
If you notify a problem to us we will endeavour to:
- make good any shortage or non-delivery;
- replace any products that are found to be of unsatisfactory quality; or
- refund you the amount paid by you for the products in question. Refunds will be credited to the payment method used to make the original purchase.
- The remedies set out in the paragraph above constitute your only remedies, and our sole and exclusive obligations to you, with respect to any problems with quality or delivery of the products.
Liability
Our liability to you in respect of the products you order via this Website will not exceed the total price paid by you for the products in question, whether such cause of action is brought in contract, tort, warranty or otherwise.
Notwithstanding the above, nothing in these Terms and Conditions shall limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Events Beyond Our Control
We shall have no liability to you for any failure to deliver the products you have ordered, or any delay in doing so, or for any damage or defect to any products delivered, that may be caused by an event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of our suppliers or producers, flood, fire, explosion, acts of terrorism or accident.
Miscellaneous
Invalidity - If any of the terms of these Terms and Conditions are deemed invalid, void or unenforceable for any reason, they will be severed from the rest of these Terms and Conditions which shall remain unaffected.
Privacy - When you place orders, we collect certain personal and transactional information (e.g. name, address, email address, credit/debit card details). For details on how we use this information, please read our Privacy Policy.
Entire Agreement - These Terms and Conditions, together with the Conditions of Use and Privacy Policy set out the whole of our agreement relating to your use of this Website and the supply of the products ordered by you via this Website.
Third Parties - Except for our affiliates, directors, employees or representatives, a person who is not party to the contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of such contract. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
Governing law and jurisdiction - Any matter arising from or in connection with these Terms and Conditions shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
This website is intended for residents of the UK. The company makes no representation that materials in this website are appropriate or available for use in other locations. Those who chose to access this website, or purchase items from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. The failure of the company to exercise or enforce any right or provisions of these terms and conditions will not constitute a waiver of such right or provisions.
Consumer Care
Tel> 01472 585422
Fax> 01472 585007
Email> careline@youngsseafood.co.uk
Address for correspondence and returns: Young's Seafood Limited, Wickham Road, Grimsby, North East Lincolnshire, DN31 3SW.
Further Information
Registered in England: 03751665
Registered office address: Wickham Road, Grimsby, North East Lincolnshire, DN31 3SW.
VAT Registration Number: 716 529721
19th November 2007
Introduction
Young's Seafood Limited ("we" or "us") is committed to preserving the privacy of all visitors to this website. This policy (together with our terms and conditions sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
By using this website you consent to the collection, use and transfer of the information that you provide to us in accordance with the terms of this policy.
We reserve the right to change the contents of this website, including this policy at any time, by posting such changes on the website. It is your responsibility to familiarise yourself with the policy regularly to ensure that you are aware of any changes. Your continued use of this website following the posting of any such changes will constitute your acceptance of the revised policy.
Information Collection
When you visit, register with, or order products from this website you may be asked to provide certain information about yourself (including your name, contact details and credit or debit card information).
We may also collect information about your usage of this website as you and others browse our website (see section on "cookies", as well as information about you from messages you post to the website and emails or letters you send to us.
Use of the information we collect
Your personal information will enable us to provide you with access to all parts of our site and will be used for several general purposes, including: administering our business activities; providing products you have requested; processing your payment; and keeping you up to date with our products and services. You acknowledge and agree that we may make available or disclose to third parties information about you in connection with any of these purposes. This may include, amongst other things, passing your details on to payment processing agencies, such as PayPal in order to administer your account and process payments.
We may also use your data to provide other information which we think you may find of interest and may allow carefully selected third parties to contact you occasionally about product or services which may be of interest to you. We and any such third parties may contact you by post, telephone or fax, as well as by email. Where relevant, you are given the opportunity to opt-out of receiving this information at the appropriate section of the website when you register your details.
If you no longer wish to be contacted in the future by us, please send an email to careline@youngsseafood.co.uk and insert "unsubscribe" or "stop" as the appropriate subject heading or write to the following address: Consumer Care Department, Young's Seafood Ltd, Wickham Road, Grimsby DN31 3SW. Please give your name, postal address details and your email address.
Data Retention
We will retain the personal information provided by you for as long as is reasonably necessary for the purposes listed in this policy.
Disclosure of information
The information you provide to us will be held on our computers in the UK and may be accessed by or given to our staff, to any member of our group of companies and/or third parties for the purposes set out in this policy or for other purposes approved by you. Those parties process information, fulfil and deliver orders, process credit card payments and provide support services on our behalf.
We may also pass aggregate information on the usage of our site and services onto third parties, but this will not include information that can be used to identify you.
If we sell, assign or transfer the assets of its business, or if its business is merged, or enters into a joint venture with another business entity, we reserve the right to sell or transfer the databases maintained by us in connection with its business (including any personal information provided by you).
We may disclose personal information in response to legal process, for example, in response to a court order. We also may disclose such information in response to a law enforcement agency’s request or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, non-compliance with of our terms and conditions, or as otherwise permitted or required by law and consistent with legal requirements.
Cookies
Similar to other commercial websites, our website utilises a standard technology called "cookies" and web server log files to collect information about how our website is used. Information gathered through cookies and Web server logs allow us to monitor website traffic and to personalise the content of the site for you.
A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site's computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. Browsers are usually set to accept cookies. However, if you would prefer not to receive cookies, you may alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies, it is possible that some areas of our site will not function as effectively when viewed by the users. A cookie cannot retrieve any other data from your hard drive or pass on computer viruses.
IP Addresses
IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as traffic data so that data (such as the web pages you request) can be sent to you.
Security
We employ security measures to protect the information provided by you from access by unauthorised persons and against unlawful processing, accidental loss, destruction or damage.
Accessing and updating your information
You are entitled to see a copy of the personal information that we have collected online and that we maintain (about you). If you wish to do this, please email us at careline@youngsbluecrest.com. We may charge a small fee to meet out costs in providing you with these details.
You may ask us to make changes to the information provided by you and/or held about you, to ensure that it is accurate and kept up to date. You may also request that we cease processing your personal information and that we deletes you from our database or records. Please note that it may be impossible to completely delete your information because of back-ups and records of deletions.
We will only perform the activities outlined above to the extent that such activities will not compromise privacy, security or any other legal interests.
Contact
All comments, queries and other requests relating to our use of your information should be addressed to the customer services team at careline@youngsseafood.co.uk or by post to Young's Seafood Ltd, Wickham Road, Grimsby DN31 3SW.
19th November 2007