These Terms will apply to any contract between us for the sale of Products, sale of Services or Hire of Products by you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering anything 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 anything from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products or Services, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1.1 We operate the website Your Parks We are Your Parks, a company registered in England and Wales under company number Your Parks and with our registered office at Your Parks. Our main trading address is Your Parks.
1.2 Contacting us if you are a consumer:
1.2.1 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. You can e-mail us at Your Parks or contact our Customer Services team by telephone on Your Parks or by post to Your Parks. 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.
1.2.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at Your Parks or by e-mailing us at Your Parks.
1.2.3 If we have to contact you or give you notice in writing, we will do so by telephone, e-mail 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 our customer service team at Your Parks1 or by e-mailing us at Your Parks. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 20.
2.1 The images of the Products on our site or in our Brochures 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 or the printing process used for the Brochures accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
This clause 5 only applies if you are a consumer.
If you are a consumer, you may only purchase Products, Hire Products or purchase Services from us if you are at least 18 years old.
This clause 6 only applies if you are a business.
6.1 1If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you purchase Products, Hire Products or purchase Services, as appropriate.
6.2 These Terms and any document expressly referred to in them 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 any document expressly referred to in them.
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.
7.1 If you are purchasing from our site, 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 e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
7.3 If we are unable to supply you with a Product which you have requested to purchase or Hire, or provide you with a Service, 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 or in our Brochure as referred to in clause 13.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products or Services, we will refund you the full amount including any delivery costs charged as soon as possible.
8.1 We amend these Terms from time to time.
8.2 Every time you order Products or Services either for purchase or Hire from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 If we have to revise these Terms as they apply 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 either for purchase or Hire, or Services, or just the Products or Services you have yet to receive. If you opt to cancel, you will have to return (at our 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.
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product or receive Services, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of:
9.2.1 any Product which has been personalised by you or which includes the representation of a date upon it including, but not limited to, Your Parks
9.2.2 sealed audio or sealed video recordings or sealed computer software, once these Products are unsealed after you receive them.
9.2.3 any Products which become mixed inseparably with other items after their delivery.
9.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail 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:
|End of the cancellation period
|Your Contract is for the purchase or Hire of a single Product (which is not delivered in instalments on separate days).
|Your Contract is for the purchase or Hire of a single Product (which is not delivered in instalments on separate days). The end date is the end of 14 days after the day on which you receive the Product. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
|Your Contract is for either of the following:
one Product for purchase or Hire which is delivered in instalments on separate days. multiple Products for purchase or Hire which are delivered on separate days
|The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
|Your Contract is for the regular delivery of a Product for purchase or Hire over a set period.
|The end date is 14 days after the day on which you receive the first delivery of the Products. Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
|Your Contract is for the performance of Services.
|Your Contract is for the performance of Services. The end date is 14 days after the day on which we send you our Order Acknowledgement as described in clause 7.2, or from the date upon which we start supplying Services to you, whichever is the earlier.
9.4 To cancel a Contract, you just need to let us know that you have decided to cancel. You can e-mail us at Your Parks or contact our Customer Services team by telephone on Your Parks or by post to Your Parks. If you are e-mailing 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. 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 e-mail us before midnight on that day.
9.5 If you cancel your Contract for the purchase or Hire of Products we will:
9.5.1 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.
9.5.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.5.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
184.108.40.206 if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.8;
220.127.116.11 if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
9.6 If you have authorised us to commence provision of Services which you have ordered, prior to the end of the cancellation period set out in clause 9.3, and you then cancel the Contract under the provisions of clause 9.3 you will be liable to pay us for the Services which we have performed and if we have completed the provisions of Services prior to your cancellation you will be liable to pay us for the full value of the Services as set out in the Contract. We will refund you any price you have paid for the Services which have not been performed by us prior to the date of your cancellation. Any sums due to us which have not been paid to you will be payable within 10 days of the date we request payment.
9.7 If you have returned the Products to us under this clause 9 because they are faulty 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.
9.8 We will refund any sums due to you on the credit card or debit card used by you to pay. If you used vouchers to pay for the purchase or Hire of the Product or for the provision of Services we may refund you in vouchers.
9.9 If a Product has been delivered to you before you decide to cancel your Contract:
9.9.1 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;
9.9.2 unless the Product is faulty or not as described (in this case, see clause 9.7), 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.
9.10 Because you are a consumer, we are under a legal duty to supply Products and/or Services 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.
10.1 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 19 for our responsibilities when this happens.
10.2 Delivery of an Order shall be completed when we deliver the Products to the address you gave us or complete the provision of Services. Any Products will be your responsibility from that time.
10.3 In the case of Products purchased by you, but explicitly not those Hired by you, you own the Products once we have received payment in full, including all applicable delivery charges.
This clause 10.4 only applies if you are a consumer, purchasing or Hiring Products.
10.4 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:
10.4.1 we have refused to deliver the Products;
10.4.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or10.4.3you told us before we accepted your order that delivery within the delivery deadline was essential.
10.5 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.
10.6 If you do choose to cancel your Order for late delivery under clause 10.5 or clause 10.6, 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 or allow us to collect them, 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.
The provisions of this clause 11 apply to all products Hired by you from us under these terms and conditions.
11.1 The products which have been Hired from us ("Hired Products") shall at all times remain our property, and you shall have no right, title or interest in or to the Hired Products.
11.2 The risk of loss, theft, damage or destruction of the Hired Products shall pass to you upon their delivery to you. The Hired Products shall remain your sole risk until they are returned into our possession, custody or control ("Risk Period"). During the Risk Period, you shall, at your own expense, obtain and maintain insurance of the Hired Products to a value not less than their full replacement value comprehensively against all usual risks of loss, damage or destruction by fire, theft or accident, and such other risks as we may from time to time nominate to you in writing.
11.3 You shall during the Risk Period:
11.3.1 ensure that the Hired Products are kept and operated in a suitable environment and used only for the purposes for which they are designed, and operated in a proper manner in accordance with any operating instructions provided by us;
11.3.2 make no alteration to the Hired Products and not remove any existing component(s) from the Hired Products;
11.3.3 not, without our prior written consent, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Hired Products or allow the creation of any mortgage, charge, lien or other security interest in respect of it; and
11.3.4 deliver up the Hired Products at the end of the agreed period for hire or on earlier termination of the Contract at such address as we require, or if necessary allow us or our representatives access to your premises or any premises where the Hired Products are located for the purposes of removing the Hired Products.
11.4 You hereby acknowledge that we shall not be responsible for any loss or damage to the Hired Products arising out of or in connection with any negligence, misuse, mishandling of the Hired Products or otherwise caused by you or your officers, employees, agents and contractors.
13.1 The prices for purchase or Hire of the Products or the provision of Services will be as quoted either on our site or in our Brochure or in our quotations as the case may be at the time you submit your order. We take all reasonable care to ensure that the prices are correct. However please see clause 13.5 for what happens if we discover an error in the price of Product(s) and/or Services you ordered.
13.2 Prices for our Products and/or Services may change from time to time, but changes will not affect any order you have already placed.
13.3 The prices shown for the purchase or Hire of a Product or the provision of Services does not include VAT, but you will be charged 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 of the Products or the provision of the Services, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
13.4 4The price of a Product does not include delivery charges. To check relevant delivery charges, please refer to our Delivery Charges page.
13.5 Our site and Brochures contain a large number of Products and Services. It is always possible that, despite our reasonable efforts, some of the Products or Services on our site or in our Brochure may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
13.5.1 where the Product's or Services’ correct price is less than the price stated on our site or in our Brochure, we will charge the lower amount when dispatching the Products or providing the Services to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products or the Services to you at the incorrect (lower) price; and
13.5.2 if the Product's or Services’ correct price is higher than the price stated on our site or in our Brochure, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product or Services 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.
14.1 You can only pay for Products or Services using a debit card or credit card, or via cheque made payable to Your Parks. We accept all major credit and debit cards with the exception of American Express.
14.2 Payment for the Products and/or Services and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order or provide your Services.
15.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products. Any such manufacturer’s guarantee will not apply to Products Hired from us.
15.2 If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
16.1 For Products purchased from us which do not have a manufacturer's guarantee and for Products Hired from us, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 16.2.
16.2 The warranty in clause 16.1 does not apply to any defect in the Products arising from:
16.2.1 fair wear and tear;
16.2.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
16.2.3 if you fail to operate or use the Products in accordance with the user instructions;
16.2.4 any alteration or repair by you or by a third party who is not one of our authorised repairers; or
16.2.5 any specification provided by you.
16.3 In the event that we are providing any Services, we shall perform the Services with reasonable care, skill and diligence and use personnel who are suitably skilled and experienced to perform the tasks assigned to them.
16.4 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
This clause 17 only applies if you are a business customer.
17.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
17.2 Nothing in these Terms limits or excludes our liability for:
17.2.1 death or personal injury caused by our negligence;
17.2.2 fraud or fraudulent misrepresentation;
17.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
17.2.4 defective products under the Consumer Protection Act 1987.
17.3 Subject to clause 17.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
17.3.1 any loss of profits, sales, business, or revenue;
17.3.2 loss or corruption of data, information or software;
17.3.3 loss of business opportunity;
17.3.4 loss of anticipated savings;
17.3.5 loss of goodwill; or
17.3.6 any indirect or consequential loss.
17.4 Subject to clause 17.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Contract.
17.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
This clause 18 only applies if you are a consumer.
18.1 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, but we are not responsible for any loss or damage that is not foreseeable. 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.
18.2 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.
18.3 We do not in any way exclude or limit our liability for:
18.3.1 death or personal injury caused by our negligence;
18.3.2 fraud or fraudulent misrepresentation;
18.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
18.3.4 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
18.3.5 defective products under the Consumer Protection Act 1987.
19.1 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 is defined below in clause 19.2.
19.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
19.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
19.3.1 we will contact you as soon as reasonably possible to notify you; and
19.3.2 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 or the provision of Services to you, we will arrange a new delivery date for Products or a new provision date for Services with you after the Event Outside Our Control is over.
19.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 60 days. To cancel please contact us. 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.
20.1 When we refer, in these Terms, to "in writing", this will include e-mail.
20.2 If you are a consumer you may contact us as described in clause 1.2.
20.3 If you are a business:
20.3.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
20.3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
20.3.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
20.3.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
21.1 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.
21.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 16 to the recipient of the gift without needing to ask our consent.
21.3 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. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 16, but we and you will not need their consent to cancel or make any changes to these Terms.
21.4 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.
21.5 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.
21.6 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.
21.7 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.
21.8 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).