These Terms and Conditions set out the terms under which you may use this website, https://shipinndymchurch.co.uk ("Our Site"). Please read these Terms and Conditions carefully and ensure that you understand them.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
"Contract" means a contract for the purchase and sale of Services;
"Order" means your intention to purchase the Services;
"Services" means the services which are to be provided by Us to you as detailed on Our Site;
"Content" means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
"User" means a user of Our Site.
"We/Us/Our" means Ship Inn Dymchurch, whose registered office and main trading address are shown on the Contact page of Our Site.
2. Information About Us
2.1 Our Site, https://shipinndymchurch.co.uk, is owned and operated by Lisa Tindall.
3. Access to Our Site
3.1 Access to Our Site is provided "as is" or on an "as available" basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Age Restrictions
4.1 Users may only purchase services through Our Site if they are at least 18 years of age.
5. Services, Pricing and Availability
5.1 We neither represent nor warrant that all Services advertised on Our Site will be available at all times.
5.2 We reserve the right to change prices.
6.1 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our sole discretion, accept.
6.2 If We, for any reason, do not accept or cannot fulfil your Order, any payment you have made will be refunded in full. If We do not fulfil your Order to your satisfaction, the cause of which is not due to any negligence or error on your part, your payment will be refunded in full.
7.1 Payment for the Services will be in the form of an advance payment.
7.2 We accept payment by cheque or bank transfer.
8. Provision of the Services
8.1 We will use all reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice. We cannot, however, be held responsible for any delays if an event outside of Our control occurs.
8.2 If the information you provide is incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information that you have provided, we reserve the right to charge you a reasonable additional sum for that work or, alternatively, you may be asked to recommence the procedure, including payment in full.
8.3 Please note that since the provision of Services may occur immediately following receipt of your payment, your right to cancel under the statutory 14 day "cooling off" period may be lost (please refer to Clause 10 for your cancellation rights).
9. Your Legal Right to Cancel (Cooling Off Period)
9.1 If you are a consumer in the European Union, you have a legal right to a "cooling off" period, within which you can cancel the Contract for any reason. This period begins once you have signed the LPA document/s and we have acknowledged receipt of payment, i.e. when the Contract between you and Us is formed. The period ends at the end of 14 calendar days after that date.
9.2 If the Services are fully performed within the 14 day cooling off period, you will lose your right to cancel after the Services are complete.
9.3 If you cancel after provision of the Service has begun but is not yet complete you will still be required to pay for the Services provided up till the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Refunds, where applicable, will be issued within 14 days of the date you inform us of your wish to cancel.
10. Problems with the Services and Your Legal Rights
10.1 We always use reasonable endeavours to ensure that Our Services are trouble-free. If, however, there is a problem with the Services please contact Us as soon as possible.
10.2 We will use reasonable endeavours to remedy problems with the Services as quickly as is reasonably possible and practical.
10.3 As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If we do not perform the Services with reasonable skill and care, you have the right to request repeat performance free of charge, or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a full refund, in compliance with the guarantee of satisfaction as given on Our Site.
11. Our Liability
11.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created, We will not be responsible for any loss or damage that is not foreseeable.
11.2 We provide Services for domestic and private use or purposes. We make no warranty or representation that the Services are fit for commercial or industrial purposes of any kind, including resale. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
11.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
11.4 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your Citizens Advice Bureau or Trading Standards Office.
12. Events Outside of Our Control (Force Majeure)
12.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster or any other event that is beyond Our reasonable control.
12.2 If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
12.2.1 We will inform you as soon as is reasonably possible;
12.2.2 Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
12.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
12.2.4 If the event outside of Our control continues for more than 48 hours, We may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of such cancellation will be paid to as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which We inform you of the cancellation;
12.2.5 If an event outside of Our control occurs and you wish to cancel the Contract as a result, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which you inform Us that you wish to cancel.
13. Intellectual Property Rights
13.1 All content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to Us. All content is protected by applicable United Kingdom and international intellectual property laws and treaties.
13.2 Subject to sub-Clauses 14.3 and 14.6 you may not reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use Content from Our Site unless given express written permission by Us to do so.
13.3 You may:
13.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
13.3.2 Download Our Site (or any part of it) for caching;
13.3.3 Print pages from Our Site;
13.3.4 Download extracts from pages on Our Site; and
13.3.5 Save pages from Our Site for later and/or offline viewing.
13.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
13.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or Our licensors, as appropriate) to do so.[This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.]
14.1 The Content on Our Site does not constitute advice on which you should rely. It is provided for general information and guidance purposes only. Professional advice should always be sought before taking any action relating to the preparation of legal documents.
14.2 Insofar as is permitted by law, We make no representation, warranty or guarantee that Our Site will fully meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware or that it will be infallibly secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
14.3 We make reasonable efforts to ensure that the Content of Our Site is complete, accurate and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate or up-to-date.
15. Viruses, Malware and Security
15.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
15.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
16. Acceptable Usage Policy
16.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 17. Specifically:
16.1.1 You must be over 18 years of age and of sound mind;
16.1.2 You must ensure that you comply fully with all and any local, national or international laws and/or regulations;
16.1.3 You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
16.1.4 You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or data of any kind; and
16.1.5 You must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
17. Law and Jurisdiction
17.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England and Wales.
17.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.
17.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.
20. Other Important Terms
20.1 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
20.2 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
20.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
20.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
20.6 We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements.
21. Complaints and Feedback
21.1 We welcome feedback from Our customers and whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
© 2019 Ship Inn / Arpent Design