These terms and conditions apply to customers located in the United Kingdom ("Customers") who access the sdf.thisisyr.com website ("Website"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING AND/OR ORDERING ANY GOODS FROM THE WEBSITE.
These are the terms and conditions of YR Store Limited ("YR Store", "we", "our"), which is the company that sells goods to Customers on the Website and fulfils the orders of such goods. The Website and the goods are branded with Strongbow Dark Fruit images, which branding is owned by Heineken UK Limited (a leading pub, cider and beer business).
YRStore's registered address is 1st Floor, Healthaid House, Marlborough Hill, Harrow, HA1 1UD, United Kingdom, Company Registration Number: 8152426 VAT Number: GB 168 075 389.
You should print a copy of these terms and conditions for future reference.
If you have any questions about the Website please contact YR Store at [firstname.lastname@example.org].
How to order
Select the goods you require from the Website and click 'Add to bag';
Choose the quantity of goods you wish to purchase (the default will be one (1) unit). Please note that a limit is set to ninety-nine (99) units per item. To order quantities greater than 99 units per item, please contact our customer services team who will be able to assist you with your order;
Review your bag making sure all specifications such as size (see our sizing chart) and colour fit your requirements, then click "Secure Checkout";
If you are a new user you will need to enter an email address and create a username and password. You must keep your username and password confidential as they allow access to your account. To continue setting up an account you will need to enter your personal details, billing address (which must correspond with your payment card address) and delivery address;
Once you have set up an account, you will be directed to the (shipping confirmation / delivery options) page where you may enter voucher codes, select the type of delivery, and vary delivery and/or billing addresses;
You will then proceed to the secure payment page where you may select the payment type and complete your order. Your payment will be collected from you by YRStore. Following submission of your order you will be sent an automated order acknowledgement to the email address provided.
By placing an order through the Website, you confirm that you are legally capable of entering into a binding contract with YR Store.
How the contract for the goods is formed between you and YRStore
After placing your order you will receive an automated acknowledgement. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by YR Store. You will receive an email confirming that YR Store has accepted your order when your order has been processed and is ready for delivery by YR Store.
Once YR Store accepts your order, a contract to purchase the goods from YR Store takes effect between you and YR Store.
The contract to sell goods to you only relates to those goods listed in the confirmation email.
You will not be charged before your order has been processed and is ready for delivery. However, upon receipt of your order, YR Store will create an authorisation. This will show on your bank statement as a reservation of funds which allocates the money to your order but this will not be realised until your order has been accepted by YR Store. In the event of us not being able to fulfill your order we will immediately request that your bank cancels the authorisation. If the authorisation still remains after several days, please contact your bank to request that they act upon our cancellation of the payment.
A description of the main characteristics of goods can be found on the product pages of the Website.
Prices for goods on the Website appear on the product pages and include all applicable taxes.
Prices and offers may vary and may only be available for limited periods. All prices and offers are subject to availability and may be withdrawn or amended at our discretion.. The price of the product (which includes VAT) will be the price on the website and as indicated on the order pages when you placed your order.
The Website contains a range of goods and it is possible that, despite our best efforts, some of the goods listed on the Website may be incorrectly priced. If YR Store discover an error in the price of the goods you have ordered YR Store will inform you as soon as possible. We will give you the option of reconfirming your order at the correct price or cancelling it.
YR Store is under no obligation to sell incorrectly priced goods to you at the incorrect price.
Some offers carry a maximum quantity per customer. If this is applicable, this is detailed on the individual offer.
Data protection and privacy
Where you provide your explicit consent, data will be shared with Heineken UK Limited, who own Strongbow Dark Fruit, so that Heineken UK Limited can market to you.
Method of payment
You may pay by Mastercard, Mastercard Debit, VISA and VISA Debit. Please ensure if you are using a credit card that you provide the card holder's name as it is shown on the card, and the billing address corresponds as it appears on the card statement. Payment will be taken in GB pounds (£), and if applicable, your card will be charged according to the exchange rate at that time.
Delivery costs are additional to the displayed price and vary depending on the delivery service you select, the country of delivery and the quantity/weight of goods ordered.
UK delivery charges will be confirmed to you, before your order is accepted.
If your order is particularly heavy it may be subject to extra delivery charges. If any order is subject to extra delivery charges you will be advised of the additional cost before delivery of your order begins. You have the option to cancel the order if you do not wish to pay any additional delivery costs.
Please note we are unable to deliver to P.O. Boxes.
YR Store offers only a standard delivery service within the UK for £2.50.
Delivery times depend on the delivery the type of goods ordered. YR Store always aims to dispatch all goods in stock as quickly as possible. The maximum UK delivery lead time for goods is 30 days unless specifically agreed by YR Store with you.
YR Store will use third party couriers. Couriers will require a signature to ensure safe receipt of your goods. If you are not available to collect and sign on the courier's first visit the couriers may leave it at a neighboring address, or in a safe place (i.e. hidden from sight and protected from the rain). A calling card will be posted through your door to let you know this has been done. If there is no safe place a calling card will be left with the courier's contact number to arrange re-delivery. YR Store's couriers will deliver by 12:30pm in most areas.
The couriers will attempt re-delivery up to a maximum of three (3) times and if delivery is not successful after the third attempt they will return the goods to YR Store and we will issue a refund on their behalf. YR Store reserves the right to re-charge the delivery cost for re-delivery.
Right of cancellation
Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good if it relates to goods or multiple lots or pieces delivered separately).
You must inform YR Store, (YR Store Limited, House, Marlborough Hill, Harrow, HA1 1UD, United Kingdom/customer services) of your decision to cancel your order. You may submit your request according to the instructions and forms available from customer services, by contacting YR Store, or using the cancellation form set out at the end of this document. In case you use customer services, YR Store will communicate to you an acknowledgement of receipt by e-mail. To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 days’ cancellation period has expired and return the item to YR Store at the address above.
For additional information on the scope, content and instructions for the exercise, please contact YR Store customer services.
Effects of cancellation
YR Store will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us, no later than 14 days from the day on which YR Store received the above communication. YR Store will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. YR Store may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. Note that you must send back the goods by following the instructions available from customer services no later than 14 days from the day on which us you communicate your cancellation. You will have to bear the direct cost of returning these goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).
Exceptions to the right of cancellation
The right of cancellation, and return or refund that follows after you exercise your right to cancel as described above, does not apply to personalized goods ordered through the Website, unless they are defective.
Returns for Defective Goods
In the unlikely event that you receive a defective product, you will be entitled to one of the following remedies:
Tier 1: within 30 days* of receiving the defective item, you can choose to receive either:
a repair or replacement; or
a full refund.
Tier 2: if more than 30 days have passed after you received the goods, you can claim a repair or a replacement of the defective item (but not a refund).
Tier 3: if the repair or replacement is not possible, or if it is unsuccessful or cannot be provided to you in a reasonable time, then you can choose to return the defective item and claim a refund (but note that if you have had the goods for more than 6 months, this refund may be reduced to take account of any use you have had from the goods).
If you think you have received a defective item, please return the items back to YR Store including details where possible of:
Your Order Number
Product Code/Product Name
Details of the fault
Whether you would prefer a refund or a repair or replacement
Returns address: If you believe you have received a defective product, please contact YR Store customer service and, if asked by YR Store customer service to return your item, send it it back via registered post. The return address is:
Customer Returns,4th Floor, 2-8 Scrutton Street, London EC2A 4RT
The items do not need to be in their original packaging however they must be in a sellable condition, and sent to YR Store at your own risk (costs shall initially be covered by you but refunded in line with the details below).
You have a legal obligation to take reasonable care of the items while they are in your possession. If you fail to comply with this obligation, YR Store may have a right of action against you for compensation. This applies to all items that are returned.
If you are asked to return your item by YR Store customer service, once you have returned goods to us, YR Store will examine them and you will receive a confirmation email detailing the item(s) YR Store has received back.
YR Store aims to process all returns as quickly as possible and you should receive confirmation of this within a week of contacting YR customer service or, if you are asked to return your item, after having returned the item. Please note that at busy times of the year such as public holidays, these times may increase.
YRStore will process any refund due to you as soon as possible and, in any case within fourteen (14) days after the day YR Store confirms via e-mail that you are entitled to a refund for defective items. The refund will be made to the same payment method originally used by you to make the payment (unless you have expressly agreed otherwise).
YR Store will bear the reasonable postage costs of returning the items up to the cost of the standard delivery charge. YR Store will not refund any Next Day, Express or other premium component of delivery.
If you have a query about returning goods, please contact YR Store.
If YR Store fails to comply with these terms and conditions, YR Store shall only be liable to you for the purchase price of the goods and any proven losses that you suffer as a result of YR Store's failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
YR Store will not be liable for losses that result from its failure to comply with these terms and conditions that fall into the following categories:
loss of income or revenue;
loss of business;
loss of profits;
loss of anticipated savings;
loss of data; or
waste of management or office time.
Nothing in these terms and conditions is intended to exclude or limit YR Store's liability for:
death or personal injury caused by YR Store's negligence;
fraud or fraudulent misrepresentation;
any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
defective products under the Consumer Protection Act 1987;
any other matter for which it would be illegal for YR Store to exclude or attempt to exclude its liability.
Whilst YR Store adopts industry standard protections against computer viruses, it is not able to warrant that this website is free from computer viruses or any other malicious or impairing computer program. Nothing in these terms and conditions is intended to affect your statutory rights.
Events outside our control
YRStore will not be liable or responsible for any failure to perform, or delay in performance of any of its obligations to you that is caused by events outside YRStore's reasonable control (a "Force Majeure
Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond YRStore's reasonable control and includes (without limitation) the following
Strikes, lock-outs or other industrial action;
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
Impossibility of the use of public or private telecommunications networks; or
The acts, decrees, legislation, regulations or restrictions of any government.
In the event of a Force Majeure Event, YRStore's performance is deemed to be suspended for the period that the Force Majeure Event continues, and YRStore will have an extension of time for performance for the duration of that period. YRStore will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations to you may be performed despite the Force Majeure Event.
Applicable laws require that some of the information or communications YR Store sends to you should be in writing. By accessing the Website, you accept that communication with YR Store will be primarily electronic through e-mail or notices posted on the Website. For contractual purposes, by accessing the Website you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that YR Store provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Should you wish to write to YR Store our address is Customer Returns [4th Floor, 2-8 Scrutton Street, London EC2A 4RT or email us at [email@example.com].
Intellectual property rights
Unless otherwise specified the intellectual property rights in the contents of all the pages in the Website, are owned or licensed to YRStore Limited, or are used with permission from the owner (for clarity, any branding relating to Strongbow Dark Fruits is owned by Heineken UK Limited).
The contents of the Website may not be copied, reproduced, modified, downloaded or used in any form without our prior written permission.
YR Store takes all feedback very seriously and aims to deal with complaints as quickly and effectively as possible. For complaints relating to orders placed through the Website please email customer services. To assist YRStore in dealing with your complaint, please detail all aspects of the complaint, your order number and your contact details.
Our right to vary these terms and conditions
YR Store reserves the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions that are in force at the time that you order goods from YR Store unless:-
any change to these terms and conditions is required to be made by law or governmental authority, in which case the changes may apply to orders previously placed by you; or
YR Store notifies you of any changes to these terms and conditions before it accepts your order, in which case YR Store has the right to assume that you have accepted the change to the terms and conditions unless you notify YR Store to the contrary within seven (7) working days of receipt by you of the goods.
Governing law and jurisdiction
These terms and conditions shall be subject to English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to cancel your contract)
To YR Store Limited
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate.