Terms and Conditions
TERMS AND CONDITIONS FOR THE SUPPLY OF PRODUCTS BY WORZALS
1.3 You should print a copy of these Terms or save them to your computer for future reference.
1.4 We may amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1.5 These Terms, and any contract between us, are only in the English language.
2.1 You may only purchase Products from our site if you are at least 18 years old. In particular, we are not allowed by law to supply intoxicating liquor if you are under the age of 18. If you are under 18, please do not attempt to order Products through our site. Please note, pursuant to the Licensing Act 1964 it is an offence for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18, subject to a maximum fine on conviction of £1000. If your order does include intoxicating liquor, please do not be offended if you are asked to supply identification either at the point of order, prior to provision of the order or upon delivery. We reserve the right to withhold
delivery of such items if appropriate identification cannot be provided and whilst we will refund the cost of the item you will still be liable for the delivery charge.
2.3 As a consumer, you have 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. Nothing in these Terms will affect these legal rights.
BASIS OF SALE
3.1 Our website is set-up to 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.
3.2 When you confirm and pay for your order, you offer to buy the Products at the prices indicated including any delivery charges that apply to your purchase.
3.3 After placing an order, you will receive an e-mail from us acknowledging that we have received your order.
3.4 We will confirm our acceptance to you by sending you an email that confirms that the Products have been scheduled (Order Scheduled). The Contract between us will only be formed when we send you the Order Scheduled Confirmation.
3.5 If we are unable to supply you with a Product, for example because that Product is not actually in stock or no longer available or because of an error in the price on our site, we will substitute you a Product (amending the price payable only if relevant to the substitute Product) and make changes to the order accordingly upon agreement or cease to process your order. If you have already paid for the Products and we cease to process the order, we will refund you the full amount as soon as possible and this shall be our full liability in this regard.
PAYMENT AND PRICES
4.1 The price of the Products and our delivery charges will be as quoted on the site at the time you submit your order and will be advised during the check-out process before you confirm your order. We take all reasonable care to ensure that the prices of
Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of the Product(s) you ordered, please see Paragraph 4.5 for what happens in this event.
4.2 The price of a Product is VAT inclusive (where applicable) at the applicable current rate chargeable in the UK for the time being. VAT receipts are available on request.
4.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders already placed.
4.4 Payment can be made using Master Card, Visa, Switch, Delta, Maestro and PayPal. Payment for the Products and all applicable delivery charges is in advance.
4.5 It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product’s correct price is less than the price stated on our site, we will refund the difference when dispatching the Products to you. However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
(b) if the Product’s correct price is higher than the price stated on our site, we will contact you in writing by e-mail as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product 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. If you have already paid for the Products and we cease to process the order, we will refund you the full amount as soon as possible and this shall be our full liability in this regard.
Other Deliveries except Bespoke Hampers
6.1 To the location and addresses shown in our “DELIVERY” section, a single delivery of items other than large heavy orders (particularly wine and bulky homeware items) will be charged a flat rate delivery fee. Orders over £25 are free delivery.
6.2 Delivery charges are for one delivery to any single address.
6.3 All deliveries require a signature at the point of receipt.
6.4 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:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
6.5 Worzals also cannot be held liable for failure to deliver or delays in delivery due to circumstances beyond our control including, but not limited to traffic, emergencies or adverse weather.
6.6 We will aim to deliver within the date stated but this cannot be guaranteed. Customers shall not be entitled to a refund of any value if the delivery is up to half an hour late.
6.7 You will be charged in full if we attempt to deliver to the address that you have provided for delivery without success (although we will make reasonable endeavours to contact you to discuss).
6.8 Cancellation of products must be made a minimum of 24 hours before your delivery date. Refunds will not be given for any cancellations made less than 24 hours before the delivery date.
6.9 In the circumstance that we are unable to fulfil your order due to stock availability we will call or email you to advise on the next best delivery day, or suggest a substitute. Worzals also cannot be held liable for failure to deliver due to circumstances beyond our control.
6.10 Worzals does not offer an International Delivery Service for online orders.
6.11 Delivery will be completed when we deliver the Products to the address you gave us. We do not deliver to third party courier companies.
6.12 The Products will be your responsibility from the completion of delivery.
6.13 You own the Products once we have received payment in full, including all
applicable delivery charges.
CANCELLATION AND RETURN
7.1 As a consumer, you have a legal right to cancel a Contract during the period set out in Paragraph 7.3 below. This means that during such period, if you change your mind or for any other reason you decide you do not want to keep a Product, 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.
7.2 However, this cancellation right does not apply in the case of any custom-made or personalised Products (including but not limited to bespoke hampers) or for any fresh food items given that they are liable to deteriorate or expire rapidly or any long-life food and drink item where the seal has been broken, due to hygiene and health protection reasons.
7.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we email 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.
7.4 This excludes all perishable goods. Any dry goods which have been opened will also not be refunded.
7.5 Cancellation of products must be made a minimum of 24 hours before your delivery date. Refunds will not be given for any cancellations made less than 24 hours before the delivery date.
7.6 Refunds will not be given on perishable products past their best before or sell by date. Any products which are fresh and perishable that are not sealed or air tight are unable to be returned, this includes fresh Deli items, desserts and ready meals, butchery items, frozen products or packaged food hall produce. Dry goods may be returned up to 48 hours after the delivery date if the product has not been tampered with, the packaging is in the same condition it arrived in and the packaging is still airtight where necessary
7.7 If you have returned the Products to us because they are faulty or mis-described, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7.8 We refund you via your original payment method. If you used vouchers to pay for the Product we may refund you in vouchers.
7.9 You can send it back to our return address: Returns Lynn Road, Walton Highway, Wisbech, Cambridgeshire, PE14 7DA. Our VAT number is GB209118722. (b) unless the Products are faulty or not as described (in this case, see Paragraph 7.6), you will be responsible for the cost of returning the Products to us.
8.1 Every effort is made to ensure that all the information provided on the Worzals Delivery website is correct at the time of publishing but we make no warranties or representations as to its accuracy.
8.2 The images of the Products on our site are illustrative only. Your Products may vary slightly from those images. Sometimes our images use props, in these cases the product description or list clearly defines what is being advertised for purchase.
8.3 Where the product is a collection of many products, such as our hamper ranges, a full list is supplied.
9.1 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 they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
9.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the statutory rights laid down by the Consumer Rights Act 2015;
(e) defective products under the Consumer Protection Act 1987.
EVENTS OUTSIDE OUR CONTROL
10.1 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 Paragraph 10.2.
10.2 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.
10.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) 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 to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel a Contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any dry goods you have already received and we will refund the price you have paid, including any delivery charges and this shall be our full liability in this regard. This excludes all perishable goods. Any dry goods which have been opened will also not be refunded.
COMMUNICATIONS BETWEEN US
11.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
11.2 Other than for methods of communication as are expressly referred to in these
Terms, if you wish to contact us in writing for any other reason, you can send this to us by e-mail to firstname.lastname@example.org
or by paid post to Worzals, Lynn Road, Walton Highway, Wisbech, Cambridgeshire, PE14 7DA . You can always contact us using our Customer Services telephone line of 01945 582231.
11.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order. All email responses will be dealt with as soon as possible, however this may sometimes take up to 5 working days.
11.4 For contractual purposes, you agree to electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.
OTHER IMPORTANT TERMS
12.1 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.
12.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
12.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 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.
12.5 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. If you require any changes, please make sure you ask for these to be put in writing. This can help avoid any problems about what you expect from us and what we expect from you.
12.6 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. We will not file a copy of the Contract between us.
12.7 If you have any queries, complaints, suggestions or comments about our Products, Services or these Terms please contact us at email@example.com
12.8 Definitions in these conditions
‘Product or Products’ means Worzals good(s) listed on the website.
‘we’, ‘us’, ‘our’ means Worzals, a company registered in England and Wales under company number 09228115 and with our registered office at Lynn Road, Walton Highway, Wisbech, Cambridgeshire, PE14 7DA. Our VAT number is GB209118722.
‘you’, ‘your’, means one of our customers.
TERMS AND CONDITIONS FOR 'EVENTS' BY WORZALS
“Venue” means Worzals, Lynn Road, Wisbech, PE14 7DA
“Event” means an event to be held at the Venue.
“Management” means Worzals Ltd.
“Promoter” means Worzals Ltd.
“Terms and Conditions” means these terms and conditions.
“You” means you as the holder of the Ticket and “Your” shall be read accordingly.
“Ticket” means any ticket for You to attend an Event.
All Tickets are sold subject to these Terms and Conditions. Please read these Terms and Conditions carefully prior to purchase and raise any queries with the Management prior to purchase. Purchase of any Ticket constitutes acceptance of these Terms and Conditions.
Ticket: Only valid ‘Worzals’ tickets accepted, these are digitally produced and emailed to you. No person is admitted to the venue without a valid ticket. You must retain this Ticket on Your person at all times during the Event. Your Ticket may be invalidated if any part of it is removed, altered, or defaced.
Children: All children require their own Ticket.
Upon purchase, please check Tickets carefully as mistakes cannot always be rectified after purchase.
Sale prices may increase or decrease at any time based on demand. You will not be entitled to a refund if at any time the sales price for the same price category is less than the price you paid after purchase.
Fees and charges: All bookings will incur a £.085 transaction fee where applicable.
Refunds and exchanges: All tickets/deposits/fees and charges are non-refundable and non-exchangeable.
Lost, stolen, destroyed tickets: The Management and Promoter will not be responsible for any Ticket that is lost, stolen, or destroyed. We do not send out duplicate tickets.
Ticket reprints: At the discretion of Management, a charge of £1.00 per ticket will be made for all tickets which have to be reproduced.
Ownership or possession of a Ticket: Ownership or possession of a Ticket does not confer any rights (by implication or otherwise) on You to use, alter, copy, or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the Ticket.
The Management and the Promoter reserve the right to alter the advertised event should this prove necessary.
It is Your responsibility to ascertain whether an Event has been cancelled or re-scheduled and the date and time of any re-scheduled Event. Where an Event is cancelled or re-scheduled, the Management will use its reasonable endeavours to notify You using the details You provided at the time of booking. The Management does not guarantee that You will be informed of such cancellation before the date of the Event. It is Your responsibility to inform the point of sale from where you bought the ticket of any change to the contact address, telephone number or email address You provided at the time of booking.
Tickets cannot be exchanged or refunded unless the event is cancelled or rescheduled. You will be entitled to claim a refund from the Management. The refund for Tickets equals the face value of the Tickets purchased plus the relevant per Ticket booking fee but excludes any transaction fees or refund protection fees. Personal arrangements including travel, subsistence and accommodation relating to the Event which have been arranged by You are at Your own risk and the Management or Promoter shall not be liable for any loss of enjoyment or wasted expenditure beyond the Ticket price and relevant booking fee (excluding any transaction fees).
In order to claim Your refund, where an Event is cancelled, please apply in writing to the point of sale from where You bought the ticket, enclosing Your complete unused Tickets within 1 month from the date of the Event. Where an Event is rescheduled, You must apply in writing to your point of sale, enclosing Your complete unused Tickets in good time before the date of the rescheduled Event. The Management and/or the point of sale will not make any refund if Tickets and/or the relevant notification are not received by the point of sale within the above timeframes. Refunds will only be made to the person who purchased the Tickets.
Tickets are personal revocable licences and shall always remain the property of the Management and subject to these Terms and Conditions. If a Ticket is re-sold, transferred or advertised for profit or commercial gain by anyone other than the Management, Promoter, or an authorised sub-agent, it will be void and You will be refused entry to, or ejected from, the Venue without refund. You may not re-sell or transfer a Ticket if You are doing so in the course of business. You are deemed to be selling or transferring in the course of business if the Management reasonably believes that You are doing so. The Management may reasonably consider that a Ticket is being resold in the course of business including without limitation: if You frequently advertise or offer tickets for resale; or where the Management reasonably considers that a Ticket offered for resale has originally been purchased with the specific intention of offering it for resale for profit and with no intention of You attending the Event. If You offer a Ticket for sale for profit on an authorised Ticket exchange before the Event the Management may consider it to be a business transaction by taking other factors into consideration, including, without limitation: the number of tickets being sold by You; any evidence that You or the person You bought the Ticket for cannot attend the Event for genuine reasons; and whether any third party business not authorised by the Management will benefit financially from the resale of the Ticket. Re-selling a Ticket for profit means any re-sale that seeks a price higher than the face value of the Ticket and the relevant booking and/or handling fee that You paid for the Ticket.
Tickets obtained in breach of these Terms and Conditions shall be null and void and the Management may refuse admission to or eject You from the Venue.
Void tickets: Any person seeking to use a void Ticket in order to gain or provide entry to an Event will be considered to be a trespasser and will be ejected and liable to legal action. Void Tickets are non-refundable.
Refusing entry: The Management reserves the right to refuse You entry to and/or eject You from the Event and/or Venue in reasonable circumstances including without limitation for health and safety or licensing reasons; if You behave in a manner which has or is likely to affect the enjoyment of other persons at the Event; if You use threatening, abusive or insulting words or mannerisms; if, in the Management’s reasonable opinion, You are acting under the influence of alcohol or drugs; if You fail, when required, to produce proof of identity or age; if You refuse to comply with the Management’s security searches; if You breach these Terms; or if Your Ticket is void.
Circumstances beyond our control: For the purposes of these Terms and Conditions, “Force Majeure” means any cause beyond Management’s control including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, royal mourning, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments. The Management will not be liable to You for failure to perform any obligation under these Terms and Conditions to the extent that the failure is caused by or due to Force Majeure.
Loss or damage: You agree that the Management, its employees and agents will not be liable for any loss, injury or damage to any person (including Yourself) or property however caused (including by the Management or its servants or agents): (a) in any circumstances where there is no breach of a legal duty of care owed by the Management or any of its servants or agents; (b) in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach (save for death or personal injury as a result of a breach of a legal duty of care owed by the Management, its servants or agents); or (c) to the extent that any increase in any loss or damage results from breach by You of any of these Terms and Conditions.
Admission & Attendance
Following Instructions: You must comply with any and all instructions given to You by the Management and/or all Venue stewards and staff and with all Venue regulations. The Management reserves the right to restrict access to parts of the Venue.
Photography, recording and transmitting: All types are permitted at this event, except from in Santa’s House.
Filmed and recorded: Purchase of a ticket and attendance at this event means you consent to filming, photography and sound recording which may include you as a visitor to the event and its use in commercial distribution without payment or copyright. This includes filming by the police or security staff which may be carried out for the security of customers.
Security searches and confiscation of prohibited items: The Management and Promoter reserves the right to conduct security searches and confiscate any item which in the opinion of the Management or Promoter may cause danger or disruption to other persons at the Event or is one of the items not permitted in the Venue as listed in these Terms and Conditions. You shall not bring all or any of the following into the Venue: bags larger than A4 size, smoking materials; laser pens; animals (except guide dogs); Your own food and drink; bottles, cans or glass containers; any item which the Management considers could be used as a weapon (including sharp or pointed objects such as knives); and illegal substances. The Management and Promoter shall be entitled to confiscate any merchandise purchased outside the Venue. Alcohol may not be brought into the Venue and when purchased on the premises may only be consumed in authorised areas. Smoking or E-cigarettes within the Venue is strictly prohibited. The Management and promoter reserve the right to eject any person found smoking within the Venue without refund.
Obstruction of gangways etc: The obstruction of gangways, access ways, exits, entrances or staircases, congregating in non-designated areas is strictly forbidden.
Sponsorship, promotional and marketing materials: You shall not bring into the Venue or display or distribute (whether for free or not) at the Event any sponsorship, promotional or marketing materials.
First aiders: First aiders are on duty at all these events.
Event times: Event times can be found on the Worzals website and are subject to change.
Car parking: Please note there are no facilities on our car park. All vehicles parked at owners’ risk.
Access to our site: You must have a valid ticket to access the event. The rest of the site is unticketted.
You must not leave any bags or other items of personal property unattended in the Venue. Any personal possessions or other items (including without limitation clothing, wallets, and mobile telephones), which are found in the Venue, shall be retained by the Venue for a period of 30 days following their discovery. During this period, You may collect any item which belongs to You from the Venue. You acknowledge that, upon collection, You may be asked to provide appropriate identification and/or proof of ownership. If, upon the expiry of 30 days from the date of its discovery, any item has not been collected by You, the Management reserves the right to dispose of any such items as it sees fit without any further liability to You. Where possible, any uncollected items will be donated to charity.
To the fullest extent permissible in law, the Management shall be entitled to assign all and any of its rights and obligations under these Terms and Conditions, provided that Your rights are not adversely affected.
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court, the invalid or unenforceable provision shall be severed or amended in such a manner as to render the rest of the provision(s) and remainder of these Terms and Conditions valid or enforceable.
If the Management delays or fails to enforce any of these Terms and Conditions, it shall not mean that the Management has waived its right to do so.
Any person, other than the Management or Promoter, who is not a party to these Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
Nothing in these Terms and Conditions and no action taken by You or the Management under these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture or establish a relationship of principal and agent or any other fiduciary relationship between You and the Management.
These Terms and Conditions constitute the entire agreement between the parties in connection to the subject matter of these Terms and Conditions and supersede any previous terms and conditions, agreement or arrangement between You and the Management relating to the subject matter of these Terms and Conditions. However, nothing in these Terms and Conditions shall purport to exclude liability for fraud or fraudulent misrepresentation. These Terms and Conditions cannot be varied or amended in any respect (unless agreed between You and the Management in writing).
These Terms and Conditions shall be governed by the laws of England and Wales and parties agree to submit to the exclusive jurisdiction of the English courts.
Queries or Complaints
If you have any queries or complaints regarding your purchase, contact us, by emailing firstname.lastname@example.org or via our ‘Contact Us’ form on our website. You will need to quote your name, booking reference, Event name and date and time of Event.
If before or during the Event You have a complaint in relation to the Event, please contact Management promptly since complaints are very difficult to deal with after the Event.
Some complaints can take up to 28 days to resolve, but we will get back to you as soon as possible.
Should a dispute arise, we shall use our reasonable endeavours to consult or negotiate and attempt to reach a settlement satisfactory to you and us.
Please note these Terms and Conditions are subject to change