Sheldrakes Restaurant Ltd Seasonal Steal Voucher Terms of Sale

This page sets out the terms of sale for Vouchers offered by Sheldrakes Restaurant Ltd.

1. SOME BASICS YOU SHOULD KNOW ABOUT THESE TERMS OF SALE

1.1 What this document is and who we are: You are reading a legal document which is the agreement between you, the Customer (whom we refer to as “you”, “your” or the “Customer” in this document) and us. You are agreeing to purchase a Sheldrakes Seasonal Steal Voucher from us on the terms of sale that appear below, which we call the “Terms of Sale”. We are Sheldrakes Restaurant Ltd and we are the seller of the Voucher you have Purchased (and to which these Terms of Sale apply). We are a company registered in England with our registered office at Sheldrakes Restaurant, Banks Road, Heswall, CH60 9JS. Our company registration number is 4922416 and our VAT number is GB 824 894 885. We refer to ourselves as “Sheldrakes Restaurant Ltd” in this document.

1.2 What we do: In addition to what we say we do in our Terms of Use, we are a restaurant that also sells Vouchers on our own behalf that can be redeemed with us at Sheldrakes Restaurant.

1.3 Your acceptance of these Terms of Sale: Please read these Terms of Sale carefully. By making any Purchase you are agreeing to these Terms of Sale and you acknowledge that your Purchase is made subject to these Terms of Sale.

1.4 Changes to this Agreement: These Terms of Sale were most recently updated on 25 September 2013. We reserve the right to amend these Terms of Sale at any time. All amendments to these Terms of Sale will be posted on-line. You will be bound only to the Terms of Sale which you agree to when you make a Purchase and not any later Terms of Sale unless you expressly consent to such new Terms of Sale.

1.5 Your legal rights: As a consumer, nothing in these Terms of Sale affects your non-excludable statutory, or legal, rights.

1.6 Definitions: In these Terms of Sale, we use various defined terms. You will know they are defined because they begin with a capital letter. These are all defined within these Terms of Sale or at the end in Clause 9.

2. SOME BASICS YOU SHOULD KNOW ABOUT MAKING A PURCHASE

2.1 Minimum Age: In order to make a Purchase you must be 18 years of age or over. By making a Purchase you are agreeing that you are above 18 years of age.

Scope of Use: Any Purchase is for your non-commercial, personal use only (although you may give any Voucher to someone else for their personal use). You must never make a Purchase for business purposes without our express, written consent to do so.

Prevention on use: We reserve the right to prevent you from making any Purchase for any reason whatsoever. Any such decision is within our sole discretion.

3. PURCHASE OF Sheldrakes Seasonal Steal VOUCHERS

THIS IS THE HEART OF THESE TERMS OF SALE – PLEASE READ IT VERY CAREFULLY!!

3.1 An outline of how purchasing works legally: When you Purchase a Voucher, there are several contracts relevant to your Purchase. First, there are the Sheldrakes Restaurant Ltd Site and Service Terms of Use of the Sheldrakes Restaurant Ltd website. This contract governs your use of the Sheldrakes Restaurant Ltd services (which are set out in the Sheldrakes Restaurant Ltd Site and Service Terms of Use, but include taking and processing payments made via the website, sending you administrative and marketing emails, etc.). Second, there is the Terms of Sale (this agreement!) which is your contract with Sheldrakes Restaurant Ltd to buy a Voucher which can be redeemed at our restaurant., there is the contract between the you and the Merchant (or Groupon Shop) who supplies the This contract is formed between you and Sheldrakes Restaurant Ltd to redeem your Voucher.

3.2 When a Voucher transaction is complete: When you go through the procedure for purchasing a Sheldrakes Seasonal Steal Voucher, after you have confirmed your acceptance of the Sheldrakes Restaurant Ltd Site and Service Terms of Use, Privacy Policy, and these Terms of Sale and after we have taken payment (by debit card or credit card or whatever), the transaction to Purchase a Sheldrakes Seasonal Steal Voucher is only complete (and a contract for Purchase is made) when we email you confirming the transaction. This email confirmation we send to you is our acceptance of the transaction; and it is at this point that a contract between you and us for the supply of a Voucher is created – which are these Terms of Sale. We keep a copy of the contract between us and we recommend that you print out these Terms of Sale for your own records.

3.3 Restrictions:

3.3.1. Reproduction, sale, resale or trade of a Voucher is prohibited. Any attempt to carry out any of these will potentially void the Voucher at our discretion.

3.3.2. Vouchers redeemed are done so in their entirety only and may not be redeemed incrementally.

3.3.4. Combination: It is at the discretion of Sheldrakes Restaurant’s management to determine whether Vouchers can be combined with any other promotions or vouchers

3.4. Lost/stolen vouchers: We are not responsible for lost or stolen Vouchers or Voucher reference numbers or Voucher security codes.

3.5 Expiry: This expiry date will vary depending on the Voucher you have Purchased but it will expire on the date specified on the Voucher and/or in the advertisement on the Sheldrakes Restaurant Ltd website.

3.6. Value Added Tax: Currently the sale of Vouchers by us is not subject to VAT. If UK VAT law changes we reserve the right to charge you VAT in addition to the price of the Voucher.

3.7. Emails: As a condition of Purchase, we reserve the right to send you administrative emails, including information regarding your account activity and purchases, as well as updates about the Voucher you have Purchased. You can opt-out of many of these administrative emails via our subscription centre. When you Purchase a Voucher, at the point of check out and if you have not already agreed, we will give you the opportunity to agree for us to send you promotional emails. If you agree to this, you will always be able to opt-out of our promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence and you can manage your subscriptions by logging into your account.

3.8. Forbidden uses: The following uses of a Voucher are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:

3.15.1. resell the Voucher;

3.15.2. provide false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers; or

3.15.3. engage in any unlawful activity in connection with the use of a Voucher.


If you are ever having trouble redeeming your Voucher, we are here to help. We approach refund requests for unredeemed Vouchers in this straightforward way:

Our first response will always be to try and help you receive the experience you purchased.
4.1 If you change your mind about buying a Voucher: Even if nothing has gone wrong, you are entitled by law to cancel your Voucher for any reason or no reason, as long as you are within the first 7 working days from the day after the day that you receive the Voucher (either by email or when your Voucher is available in your account, whichever is earlier). Any refund within those time limits will be a refund of the purchase price of the Voucher (payable back via your original method of payment). If you are outside of that time we are not obliged to give any refund for the Voucher.

4.2 If your Voucher has expired: Please see Clause 3.5 of these Terms of Sale about limited periods of validity of any Voucher. Subject to Sheldrakes Restaurant Ltd discretion, if your Voucher has expired you are not entitled  to your money back or any refund. However, if you have been unable to redeem your Voucher within the period of validity through no fault of your own it is possible you may be able to receive a refund. This will depend on your ability to demonstrate to us to our reasonable satisfaction that your inability to redeem your Voucher was through no fault of your own. If you can establish this we may be able to refund the purchase price of the Voucher (payable back via your original method of payment); however such a refund will depend on whether you were at fault and, subject to our compliance with Clause 3.3 and the decision to provide a refund to you is within our sole discretion.

 

5. STANDARDS OF SERVICE AND LIMITATION OF OUR LIABILITY TO YOU:

5.1. The standards we operate under: Sheldrakes Restaurant Ltd always tries its best at what it does! To give some legal backing to this, we warrant that:

5.1.1. we will exercise reasonable care and skill in performing any obligation under these Terms of Sale;

5.1.2. we have the right to sell Vouchers;

5.1.3. Vouchers are of satisfactory quality and fit for their purpose, subject to errors and omissions and

5.1.4. we will not contravene the requirements of fairness or professional diligence in what we do.

5.2 Clause 5 rules the roost: If there is a conflict between what we say in different parts of these Terms of Sale, this Clause 5 (and Clause 1.7 of these Terms of Sale) takes precedence over all other Clauses and sets out our entire Liability, and your sole and exclusive remedies in respect of:

5.2.1. the performance, non-performance, purported performance or delay in performance of these Terms of Sale or any Purchase (or any part of it or them); or

5.2.2. otherwise in relation to these Terms of Sale or the entering into or performance of these Terms of Sale.

5.3. What we are always responsible for: Nothing in these Terms of Sale shall exclude or limit our Liability for any Liability which cannot be excluded or limited by applicable law (such as fraud or what we say in Clause1.7 of these Terms of Sale). By this we mean that we are always liable for death and personal injury caused by our negligence, fraud, fraudulent misrepresentation and any other non-excludable legal rights you have as a consumer.

5.4. What you can and cannot take legal action against us for: If we mess up in any way, ultimately you can take action against us for a breach of contract (i.e. for breach of these Terms of Sale) but for nothing else (such as suing for a tort).

5.5 Categories of loss that we are not responsible for: Please note that apart from what we set out in these Terms of Sale and what we say in the Sheldrakes Restaurant Ltd Promise, we shall have no Liability for:

5.5.1 loss of revenue;

5.5.2 loss of actual or anticipated profits;

5.5.3 loss of contracts;

5.5.4 loss of the use of money;

5.5.5 loss of anticipated savings;

5.5.6 loss of business;

5.5.7 loss of opportunity;

5.5.8 loss of goodwill;

5.5.9 loss of reputation;

5.5.10 loss of, damage to or corruption of data; and

5.5.11 indirect or consequential loss.

The law on interpretation of limitations and exclusions of liability is extremely complicated – and, to be frank, a bit bananas!  So to make sure this clause means what we think it means, please therefore note that apart from what we set out in Clause 5.3 of these Terms of Sale and we understand the words “consequential loss” to mean “consequential losses whether those losses are foreseeable, known, foreseen or otherwise” – but we will always be responsible to you as we set out in our Sheldrakes Restaurant Mission Statement.

5.7 Limits of our liability: Apart from what we set out in Clause 5.3 of these Terms of Sale (for which we have unlimited liability) and apart from what we say in Clause 5.5 of these Terms of Sale (where we set out when we are never responsible and never have Liability), our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to:

5.7.1 in respect of any Voucher, 110% of the price paid for that Voucher; and

5.7.2 in respect of any other loss £50.

5.8 Invalid or unenforceable parts of these Terms of Sale: The limitation of Liability under Clause 5.7 above also has effect in relation to any Liability arising because of the invalidity or unenforceability of any term of these Terms of Sale.

 

6. INDEMNITY
6.1 You shall indemnify us against each loss, liability or cost incurred by us arising out of:

6.1.1 any claims or legal proceedings which are brought or threatened against us by any person arising from:

a) your use of a Voucher; or

b) any breach of these Terms of Sale by you.

 

 7. GENERAL

7.1 Interpretation: In these Terms of Sale:

7.1.1 words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;

7.1.2 clause headings such as (“7. GENERAL” at the start of this Clause) and clause titles (such as “Interpretation:” at the start of this Clause 7.1) are purely for ease of reference and do not form part of or affect the interpretation of these Terms of Sale; and

7.1.3 references to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.

7.2 No partnership/agency: Nothing in these Terms of Sale shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

7.3 No other terms: Except as expressly stated in these Terms of Sale, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

7.4 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms of Sale (except with our permission, which includes giving a Voucher as a gift). We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms of Sale to any person.

7.5 Events beyond our reasonable control: We shall not be liable for any breach of our obligations under these Terms of Sale where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.

7.6 Entire agreement: These Terms of Sale (and the Terms of Use and Privacy Policy) contain all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to these Terms of Sale except as expressly stated in these Terms of Sale. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into these Terms of Sale (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform this Agreement) and that party’s only remedies shall be for breach of contract as provided in this Agreement.

7.7 No waiver: No waiver by us of any default of yours under these Terms of Sale shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your Liability under these Terms of Sale.

7.8 Notices: Unless otherwise stated within these Terms of Sale, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) or by pre-paid post. Any notice we send to you will be at the address you supplied to us when you registered for your Sheldrakes Restaurant Ltd account. You can send any notice to us at our registered office address (which we set out for you in Clause 8.

7.9 Third party rights: All provisions of these Terms of Sale apply equally to and are for the benefit of Sheldrakes Restaurant Ltd, its subsidiaries, any holding companies of Sheldrakes Restaurant Ltd. Subject to the previous sentence, no term of these Terms of Sale is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it. This means that unless the first sentence above applies to a given situation, you and us are the only people who can enforce these Terms of Sale.

7.10 Survival: In any event, the provisions of Clauses 3, 5, 6, 7, and 9 of these Terms of Sale, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of these Terms of Sale. In the event you Purchase a Voucher again, then the provisions of the terms of sale that then apply will govern your Purchase..

7.11 Severability: If any provision of these Terms of Sale is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms of Sale shall not be affected.

7.12 Governing law: We will do our best to resolve any disputes about these Terms of Sale. If you wish to bring a legal claim against us, you must do so within the United Kingdom (and English courts shall have the exclusive jurisdiction for your legal claim). If you live in England and Wales the laws of England shall apply; if you live in Scotland then Scottish law shall apply; if you live in Northern Ireland, then Northern Irish law shall apply. The previous sentence applies to all non-contractual relationships between you and us.

 

8. MISCELLANEOUS

8.1. The seller of the Voucher is Sheldrakes Restaurant Ltd, a company registered in England and Wales whose registered office is at Sheldrakes Restaurant Ltd, Banks Road, Heswall, CH60 9JS, England. If you have any queries please contact Customer Services at helen@sheldrakesrestaurant.co.uk or on +44 151 342 1556

 

9. DEFINITIONS

9.1 In these Terms of Sale, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:

9.1.1 ”Liability” means liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with these Terms of Sale (including liability expressly provided for under these Terms of Sale or arising by reason of the invalidity or unenforceability of any term of these Terms of Sale) – and for the purposes of this definition, all references to “Terms of Sale” shall be deemed to include any collateral contract.

9.1.2Purchase” means the purchase of a Voucher.

9.1.3Voucher” means a voucher which can be exchanged for food and beverages (subject to voucher terms) at Sheldrakes Restauarant Ltd; in all cases subject to terms and conditions listed on the Voucher itself and/or on the deal page of the Website from which the Voucher was Purchased.

9.1.10Website” means the sheldrakesrestaurant.co.uk website.