We are The Vices Holdings Ltd trading as The Vices York, offering accommodation, tasting and shopping experiences.

Trading information: The Vices Holdings Ltd, 15 Alma Terrace, York, YO10 4DQ

VAT Reg. No.: 313769102

Website disclaimer

The information contained in this website is for general information purposes only. The information is provided by The Vices York Limited and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website, you may be able to link to other websites which are not under the control of The Vices York Limited. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, The Vices York Limited takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Terms and Conditions of Sale

The Vices Holdings Limited Terms and Conditions of Sale:

General

By using this Website, you acknowledge and agree that these Terms and Conditions, which include our Privacy Policy and Terms of Use constitute the complete and exclusive agreement between us concerning your use of the Website and supersede and govern all prior proposals, agreements, or other communications.

The Vices York reserve the right, at our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms and conditions. We may suspend or discontinue the Website at any time.

Your order

You may only order our Products if you are domiciled in the United Kingdom, over the age of 18 years and otherwise legally able to contract.

The Price is that published on our Website at the time you place your Order. We try to ensure the Prices of Products are accurate. Although Prices will change from time to time, this will not affect your Order if we have confirmed it with an Order confirmation.

All Prices are inclusive of any VAT chargeable at the rate then current. You will not be affected by any changes in the rate of VAT between your Order and date of delivery if you have paid in full before the relevant change in VAT; if not, the VAT you pay will be amended accordingly.

Delivery charges are in addition to the Price and are added before you submit payment to us. These are currently £8.00 for UK orders below £100.00, and free for UK orders above £100.00.

Orders can also be collected directly from The Vices Archive if Collection Only is selected at checkout.

Payment may be made by Visa, MasterCard or American Express. The Vices York may change the methods of payment and cards acceptable from time to time.

Your Order requires prior bank authorisation before it can be processed and delivered. Your billing name must be the same as that of the credit card you use. The billing address must be within the United Kingdom or we will not be able to deal with your Order.

The method of placing your Orders has been designed to be very straightforward. You should check your Order carefully and before placing it you will have the opportunity to check it for any mistakes.

Orders are paid by selecting the Products you would like to purchase and adding them to your cart. You can repeat this for more than one product by clicking on “add to your cart”.

Once we have the information relating to the Products and the delivery requirements, you need to choose the method of payment. At that stage, you may place the Order by clicking “pay now”.

It is your responsibility to ensure that the Order is accurate and that you have entered a complete and correct delivery address.

Once an Order has been placed, we are not able to add it or combine it with any other Orders. The only change we can accept is the correction of spelling mistakes in the delivery address or cancellation provided the Order has not been dispatched. Any lost or delayed items as a result of an inaccurate or incomplete delivery address in your Order are your responsibility. Once you click the “pay now” button, you are confirming that your payment details are accurate and the payment method is valid. You are also confirming that when your Order is accepted and we process it, payment will be made in full. In placing the Order, you also confirm that you are the person referred to in the billing details.

We will send you an Order confirmation within one working day of receipt of your Order. A contract will be made between us for the sale and purchase of the Products only upon your receipt of our Order confirmation.
If we cannot supply with the product, which could be for a number of reasons, we will inform you of this by email and we will not process your order. If you have already paid, we will refund you the full amount within 14 days. Examples would be where there is an error in the price on the website, the product is not available or authorisation has not been provided for your payment.

We also reserve the right entirely at our discretion to cancel or reduce the quantity of any order and the Products to be provided. In that case, you will only be liable to pay for those Products delivered.

Delivery

Unless there an event outside our control which is dealt with at paragraph 14, your Order will be sent within the estimated delivery period on our Order confirmation. This will be no more than 30 days after the date on which we send you the Order confirmation. If there is an event outside our control which prevents us from meeting the proposed delivery date, we will email you with a new estimated delivery date.

It is very important that you provide a full and accurate delivery address.

The standard delivery cost for an Order to be delivered within the UK using UPS Standard is £8.00 for orders below £100.00, and free for orders above £100.00.

Suitability of Purpose

We do not accept responsibility for the misuse of our Products. It is the responsibility of the customer to use the Products with discretion. We do not accept responsibility for damage or defect of goods arising from incorrect storage or use by the customer. We accept no liability for loss or consequential damage arising from the Products supplied. Further detail of our liability is in paragraph 12.

Product Storage

All Products are checked carefully before dispatch to the customer. We cannot be held responsible for the deterioration of the Products due to the customer’s incorrect storage conditions i.e., exposure to direct sunlight, frost, humidity or heat etc. The customer should ensure that the Products are kept in cool and dry conditions. The pictures of our Products on the Website are for illustration only and although we have tried to show the colours accurately, it is possible that your Products may be slightly different from those pictured. This could also be caused by your computer so if this is an issue for you, please contact us.

Your Right to Withdraw

You have the right to cancel the contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Product.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by e-mail). To process your cancellation request as quickly as possible, you are advised to exercise your right to cancel by contacting us at the email address set out in the Contact section. You may also use the attached model cancellation form, but it is not obligatory. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation request on a durable medium (e.g. by email) without delay.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

The Vices York would like you to be satisfied with your purchase. If you would like to return a product, please see our returns policy below.

Returns

All returns must be requested within 14 days of delivery. Products must be returned to us within 14 days of the request and in a saleable condition so that we can process the return. All returned Products must be unused and in their original packaging. Refunds will be processed within 14 days of receiving the Products.

It will usually take 3-5 days from refund for your account to be credited, however some payment providers and payment types can take up to 14 days to credit your account. Refunds will only be made to the method of payment/card you used to place the Order.

To request a return in all circumstances with the exception of a damaged on receipt or faulty product, please email york@thevices.co.uk to let us know, include in your email what items you want to return and explain your reason for return along with your order number.

In this instance the postage and packing cost is to be paid for by the customer, we do not refund any cost relating to postage and packaging in any circumstance other than a damaged on receipt or faulty product.

To request a return in the circumstances of a damaged on receipt or faulty product, email york@thevices.co.uk to request a Free Returns label, include in your email what items you want to return and explain your reason for return along with your order number.

It is your responsibility to make sure the delivery address is entered in full (including flat number, security entry code where appropriate, etc) and that the address is complete and the postcode correct at the time the Order was placed. When the delivery address is a company address, the company name must also be entered along with the name of the recipient.

Pack your returns in the original packaging and use in the case of damaged on receipt faulty items the returns label we will provide you with. We advise you to obtain proof of postage when you post your return as we are responsible for your parcel only once it has been received into our warehouse. Items lost in transit will not be treated as returned.

If you choose to send your return your product in circumstances other than a damaged on receipt or faulty product then the cost of the return is your responsibility and The Vices York will not reimburse for this cost.

If you have any refund and return queries please contact us on york@thevices.co.uk

If you exercise your right of withdrawal, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw. We will carry out such reimbursement using the same means of payment as you used for the initial transaction.

We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you.

You are only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products you have received.

We will make the reimbursement without undue delay, and not later than:

• 14 days after the day we receive back from you any Products supplied; or
• (if earlier) 14 days after the day you provide evidence that you have returned the Products, or
• If there were no Products supplied, 14 days after the day on which we are informed about your decision to cancel the contract.

You will have to bear the direct cost of returning the Products to us, except where the Products are returned because they are faulty or misdescribed.

If your Products are returned to us either by Royal Mail or the courier Parcelforce, we reserve the right to charge you for the cost incurred for the shipping of your parcel. Should you decide to have your Order re-sent, please note we will request payment of the applicable shipping fee (not our usual standard charge) before sending your Order for the second time. Should you decide to request a refund, we will refund the cost of the Products only, minus the actual costs we incurred for the shipping.

AS A CONSUMER, YOU WILL ALWAYS HAVE LEGAL RIGHTS IN RELATION TO PRODUCTS THAT ARE FAULTY OR NOT AS DESCRIBED. THESE LEGAL RIGHTS ARE NOT AFFECTED BY THE RETURNS POLICY SET OUT IN THIS PARAGRAPH OR THESE TERMS AND CONDITIONS.

Damaged or Defective Products:

When your Order arrives, please inspect the package for any damage or defects. It is normal for the shipping package to show some wear, however, if you think a product in your shipment is damaged or defective, please contact us at york@thevices.co.uk . To return a damaged or defective product, please follow the instructions on the Returns process above. Your original shipping and handling charges will not be refunded, but any replacement for a damaged or defective product will be shipped to you free of charge.

Trademarks

The trademarks, logos, service marks and trade names (“Trademark(s)”) displayed on the Website or on content available through the Website are registered and unregistered Trademarks of The Vices York and others and may not be used unless authorised by the Trademark owner. All Trademarks not owned by us that appear on the Website or on or through the Website’s services, if any, are the property of their respective Trademark owner. Nothing contained on the Website should be construed as granting any licence or right to use any Trademark displayed on the Website without our written permission or that of the third party Trademark owner. Your misuse of the Trademarks displayed on the Website is strictly prohibited.

Contributions

If you contribute on our Website, you represent and warrant that: (1) you have the legal capacity to contract (2) all contributions posted by you are original and you are the sole author of such contributions, (3) no contribution infringes upon, violates or misappropriates any third party’s intellectual property rights, (4) no contribution will be vulgar, offensive, malicious, discriminatory, defamatory or otherwise unlawful, (5) no other party has any rights to such contribution, (6) any “moral rights” in your contribution have been waived, (7) the contribution is not false, inaccurate or misleading in any manner, and (8) you are not being compensated in any manner for your contributions from any third party. You may not use any of our interactive services or any contribution to impersonate any person or entity, including any The Vices York employee, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the interactive services to collect or store personal data about other users. You may not include references to other competitors, websites, addresses, email addresses, contact information or phone numbers.

When writing a review, please consider the following guidelines:

• focus on the product and your individual experience using it;
• provide details about why you like or dislike a product; and
• all submitted reviews, comments and questions are subject to these Terms of Use and our Privacy Policy.

You grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export any such contribution, in whole or part, and/or to incorporate them in other works in any form, media, or technology now known or later developed for editorial, commercial, non-commercial, promotional or any other purpose.

Our Liability

If we fail to comply with our commitments, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the sale.

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.

We do not in any way exclude or limit our liability to you for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
• 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); arising under section 2(3) Consumer Protection Act 1987; or
• or any matter which it is not permitted by law to limit or exclude, or attempt to limit or exclude, our liability.

Waiver

Our failure to exercise or enforce any right or provision of the Terms of Use or these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use and Terms and Conditions remain in full force and effect.

Events Outside Our Control

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” 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.

If an Event Outside Our Control takes place that affects the performance of our obligations under a contract:

• we will contact you as soon as reasonably possible to notify you; and
• 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.

Assignment

We may transfer our rights and obligations under a Contract to someone else, but this will not affect your rights or our obligations under these Terms and Conditions.

You may only transfer your rights or your obligations to another person if we agree in writing.

Third Parties

The 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.

Applicable Laws

These sales are governed by English law. This means each sale 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 will have exclusive jurisdiction.