TERMS & CONDITIONS

 

Please read these terms and conditions (“Terms”) carefully before using this or any other of our websites or placing an order with us.  If you are under 18, please get a parent or guardian to read through these terms and conditions and to discuss them with you.

If you don’t accept these terms (particularly term 9 and 10) please don’t use or order from our website.  If you visit or use any of our websites and/or place any orders with us you will be bound by theses terms, and they will form a contract between you and us.

These terms apply to the entire contents of our website and to any correspondence by email between us and you. Our Privacy Policy doesn’t form part of these terms but should be read also. Some parts of our website may also contain additional provisions which apply in addition to these Terms.

General Provisions

These apply when you visit or use one of our websites including when you order products, make donation or a purchase on our website.

1.Changes

We may change these terms at any time, in which case the amended Terms will be passed on our website and will apply from the date we post them, with the exception that any orders that we have already accepted from you before the new terms are posted will continue to be subject to the terms in force when your order was accepted. Please check these terms on each occasion you use our website. If you continue to use our sites you will be bound by the latest terms.

2. Using our sites

You agree to only use our sites in a manner that complies with all applicable laws and regulations and is consistent with these terms and does not infringe the rights of anyone else, nor restrict or inhibit their use and enjoyment of our sites (including amongst other things hacking.) We reserve the right to use our sole discretion to deny any user access to any of our websites without prior notice.

3. Registration

You may access and use most parts of our websites without registering your details with us.   To purchase products, or to take part in certain other activities on our website you will have the option to register with us, each registration must be for a single user only.  Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you have provided when registering.  You must ensure you keep your password confidential.  This means that you must not share your password or let anyone else access your account.  Always ensure you log out of your account at the end of your session to avoid anyone else using it.  You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or likely to be used in an unauthorised manner. We may disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

4. Privacy statement

We use store and process information about you in accordance with our Privacy Policy.  By using our website, you consent to our use, storage and processing of your information in accordance with our statement.  All personal information will be stored by us always following the data protection guidelines.

5. Donations

We regret that donations cannot be refunded.   Please contact us, via our “contact us” tab or phone 07368194005 if you have a query about a donation that you have made.

6. Website content including user-generated content.

If you have a complaint about any content on (or sent via) any of our websites, please notify us immediately by emailing  David@Yastonbury.com.  Please note no action can be taken until we receive a fully completed Report Content Investigation form.

6.1 You must not post or transmit to any of our websites or behave whilst visiting Yastonbury any material or words / actions: -

6.1.1 That is knowingly false or misleading, defamatory, illegal, abusive, vulgar, hateful, harassing, liable to incite racial hatred, blasphemous, discriminatory, pornographic, sexually oriented, threatening or invasive of a person’s privacy.

6.1.2 Which you do not own or for which you have not obtained all necessary licences and or approval.

6.1.3 Which is technically harmful (including, amongst other things, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data.) Acts of Vandalism, not adhering to Yastonbury site H&S guidelines.

6.1.4 Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with anyone or any entity.

6.2 If you post or transmit to any of our websites any material of the type prohibited under Term 6.1 above or behave in a manner prohibited under Term 6.1 (or which otherwise results in a claim or action against us) and we incur any costs, expenses, liability or losses as a result, then you agree to indemnify us for all such costs, expenses, liability and losses.

6.3 If you post or transmit any material to any of our websites (“contribution”)

6.3.1 If you grant us a non-exclusive, perpetual, royalty free, worldwide licence to use, highlight, comment, modify or reproduce your contributions in which part, in whatever form, on our websites, social media pages and other communications and publications.

6.3.2 By submitting a contribution you waive your moral rights including the right to be identified as the author of the content.

6.3.3 You grant us the right to use the name that you submit in connection with that material; and

6.3.4 We shall be entitled to reveal your identity (or any information which we have about you) to any third party who claims that any of that material violates any of their rights or to any government or regulatory authority that is entitled or requires us to do so.

6.4 We may remove or edit any material or posting you make on any of our websites at any time.

6.5 Party political or any other views and opinions expressed in user contributions to our websites do not represent the views or opinions of the Woodland Trust, which is a non-partisan conservation charity.  We encourage open debate, however, comments or opinions expressed in contributions posted by our website users are attributable only to the individual contributors.

7. Intellectual property rights

7.1 You acknowledge that all copyright, trademarks and other intellectual property rights in our website and all photographs, footage, designs, images, text, software, data and other material in our sites or generated by our sites are owned by us or our licensors.  You are permitted to use the sites and this material only as expressly authorised by us.

7.2 You are permitted to print and download extracts from our website for your personal non-commercial use and for private study, provided in each case that: -

7.2.1 Copyright and source indications are also printed and copied.

7.2.2 No modifications are made to the materials, and they are not used as part of any other publication.

7.2.3 Any document is printed and copied entirely and is not used in a derogatory or misleading context; and

7.2.4 The material is not used in a manner which may damage our reputation or otherwise be harmful to us or impair our ability to achieve our charitable objects.

7.3 No other use of material on our websites may be made without first obtaining our written permission. You must not do the following unless you have first obtained our written permission.

7.3.1 Incorporate any material from our sites in any other work or publication, whether in hard copy or electronic form; nor

7.3.2 Make any commercial use or publication of any material on our sites (other than as necessary for the purpose of viewing the sites in the course of business).

7.4 If you wish to use any material from any of our sites other than in accordance with term 7.2 above please email your request to David@Yastonbury.com with the subject line “Permission request”.

7.5 The photographic, text and other graphic images within any products or publications supplied to you are copyright works and none of them may be copied, reproduced, licensed or otherwise exploited.

7.6 Yastonbury name and logo are trademark of Yastonbury Limited.  Other logos and names used on our sites may also be the trademark of Yastonbury Limited or their respective owners.  No permission is given by us in respect of the use of any such trademark, names or logos and as such use may constitute an infringement of the holders’ rights.

7.7 Any rights not expressly granted in these Terms are reserved.

8. Advertisers and sponsors

We may from time to time allow companies to advertise goods and services on our sites.  Whilst we will not knowingly run an advert that is untrue, or which relates to goods or services contrary to our objects, the appearance of an advert does not mean that we endorse the advertiser’s goods or services.  With the exception of products sold on this website, we are not responsible for the accuracy of any advertising material or for any advertised product or service.

9. Disclaimers

9.1 The information provided in our website is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation.  Whilst we endeavour to ensure that the information on our website is correct, we do not warrant the accuracy and completeness of that information and we will not be held liable for any errors or omissions.  The material on our websites may be out of date, and we make no commitment to update such material.

9.2 The products which are supplied via our websites have been designed to comply with the statutory legal requirements and relevant safety standards of the UK.  We can therefore make no representation or warranty that any products provided via or referred to in our sites is compliant with health, safety or other legal requirements which apply outside the UK or are otherwise suitable for use outside the UK.  You may not access our sites from countries where their content is illegal or unlawful.  If you do access our sites from locations outside the UK, you may do so on your own initiative and are responsible for compliance with local laws.

9.3 We take every reasonable care to ensure that all our orders, donations and subsequent transactions are conducted via secure link.  However, the security of information and payment transmitted via the internet cannot be guaranteed and as we are not responsible for the operation of the secure link we will not, unless we are negligent, to be liable for any loss you may suffer if a third party obtains unauthorised access to any information you provide.

9.4 We do not warrant that the functions contained in our sites will be uninterrupted or error-free, that defects will be corrected, or that our sites or the servers that make them available are free of viruses or bugs or represent full functionality, accuracy or reliability of the materials. We will not be liable for any loss, disruption or damage to your data or your computer system or any other damages (including amongst other losses, loss of profit or loss of use) arising out of your use or delay or inability to use our sites, their content or any link to another website arising in contract, tort (including negligence) or otherwise except in the case of death or personal injury caused by our negligence.

10 Liability

10.1 We do not limit in any way our liability for fraud or death, or personal injury caused by our negligence or breach of statutory duty or any other liability which cannot be excluded or limited under applicable law.

10.2 We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where: -

10.2.1 Loss or damage was not reasonably foreseeable to both you and us when you commenced using our site or when a contract for the supply of products by us to you was formed.

10.2.2 Loss or damage was not caused by any breach by us, or employees, or agents; nor

10.2.3 Loss or damage relates to your business (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure).

11 Links

11.1 Our sites may contain hyperlinks to third party websites. Such links are provided for your convenience only.  We do not control such websites and are not responsible for their contents. The mere inclusion of such links does not imply any endorsement of the material on those websites nor any association with their operators.  If you decide to access any of the third-party websites linked to or from our website, you do so entirely at your own risk and we are not responsible for any damage, loss or offence caused or alleged to be caused by or in connection with the content, information, advertising, services or products available on third party websites.  We cannot guarantee that these links will work all the time and we have no control over the availability of the linked pages.  Please contact us if a link is not working.

11.2 Our websites may also contain functionality provided by third party services.  In engaging with these third-party services, you are subject to their terms and conditions, and Yastonbury has no responsibility or liability in connection with these services or relationships.

11.3 If you wish to link from your website to any pages of our site you may do so only on the basis that you link to, but do not replicate, the website page, and subject to the following conditions: -

11.3.1 The linking text must simply consist of the website address.

11.3.2 You do not remove, distort or otherwise alter the size or appearance of any logos on our site.

11.3.3 You do not in any way imply that we are endorsing any products or services.

11.3.4 You do not misrepresent your relationship with us nor present any other false information about us.

11.3.5 You do not otherwise use any Yastonbury trademarks displayed on our sites without our express written permission.

11.3.6 You do not link from a website that is not owned by you; and

11.3.7 Your website does not contain content of the type referred to in term 6.1 or that does not comply with all applicable laws and regulations.

11.4 At any time and at our complete discretion we reserve the right to withdraw the permission to make website links to our sites.

12 General

12 If any provisions of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any country which apply to these Terms, then so far as these terms apply within that country in which those provisions are illegal, invalid or unenforceable those provisions shall be severed and deleted from these terms and the remaining provisions of these terms shall survive, remain in full force and effect and continue to be binding and enforceable.

12.2 if you breach these terms and we take no action, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these terms.

12.3 Events beyond our control – We will not be liable to you for any delay in delivering any services or order or for breach of our obligation if the delay or breach is due to acts of God, civil commotion, riots, malicious damage, floods, drought, fire, epidemic, legislation, failure of ISP or telecommunications provider or any other cause beyond our reasonable control.  This does not affect your statutory rights.

13 Law Courts and language

13.1 These terms, use of our sites and the supply of products and services by us are governed by and to be interpreted in accordance with English and Welsh law. In the event of any dispute arising in relation to these terms, use of our sites or in relation to the supply of any products or services by us the appropriate UK courts will have jurisdiction over the dispute.  These Terms and our websites are provided in the English language only.

14 Provisions which apply when you order products

14 All orders for products are subject to availability and we reserve the right to refuse to supply to any individual or company.

14.1 Your submission of an order represents an offer to purchase the indicated by you and is not binding on us until we have accepted your order.

14.2 Shortly after we receive your order, we will acknowledge it by email, detailing the products you have applied for.  This email is issued automatically and does not mean that your order is accepted.

14.3 We may contact you to obtain further information to enable your order to be evaluated or processed

14.4 Acceptance of your order for one of our products and completion of the contract between you and us will take place once you receive the confirmation email from us that your order has been confirmed.

14.5 The price you pay is the price displayed on our site at the time we receive your order apart from where an error has occurred in displaying the price. While we try to ensure that all prices on our sites are accurate, errors may occur.  If we discover an error in the price of products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.  If we are unable to contact you, we will treat the order as cancelled.  If you cancel and you have already paid for the products you will receive a full refund.

14.6 Prices displayed include VAT where applicable. Prices and availability information is subject to change without notice.

14.7 Products differ from the images shown.  All sizes and dimensions, and habitat of products as indicated on our sites are not approximate.  We have made every effort to display as accurately as possible the colours of the images that appear on our sites.  However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on purchase.

14.8 You are responsible for ensuring the accuracy of the details provided on the order.  Take particular care when entering information to be used in or on any products, gifts cards or contact information.  Some of our products are personalised to your requirements, please check that detail you wish us to engrave onto your plaque or bench is correct.

15 Payment

15 We accept Visa Credit, Visa debit, Mastercard Credit, and Mastercard Debit, for all orders placed on-line.

15.1 We accept payment via cheque or bank transfer for orders placed over the phone or in person. 

15.2 Payment will be taken at the point of goods ordered.  In case of query, please call 07368194005 or email David@Yastonbury.com quoting your order reference number.

15.3 By placing an order you consent to payment being charged to your debit or credit card as provided on the order.  We will use secure trading to validate your payment.

15.4 If you are not happy with your order, please inform us and we will refund you.  Refunds are only available for a 14-day period following purchase.

16 Delivery

16 All products purchased will remain on site at Yastonbury.

17 Trees

17 Please come and visit by appointment anytime following purchase of your product.  Once you purchase a tree it belongs to you.  The land the tree is planted on does not belong to the tree owner.  The land remains the property of Yastonbury.  The tree will always belong to you once purchased.

17.1 We will continue to maintain and manage Yastonbury for a minimum of 20 years.  Once our Family can no longer manage and maintain the land then it will be placed into Family Trust for many more decades to come.  The tree will remain yours and you will be welcome to visit any-time in the future.  Please remember by appointment only whilst the land is being managed as Yastonbury.

17.2 No objects or items to be placed on the ground around the base of your tree, such items may damage our tools which are used to maintain the area around the base of your tree.  Any items or objects found will be removed by our staff to prevent damage being caused.  We cannot guarantee the safe return of these items.

17.3 If you tree is confirmed as perished during the trees first ten years following the purchase date, despite our best efforts and loving care. Then we will contact you (If you have updated us with your recent contact detail,) and provide, plant free of charge a replacement tree of the same species as that which has perished. The replacement tree will be as supplied between 1.75 and 2.75m tall.

17.3.1 If your tree despite our best efforts and loving care perishes after the guarantee of ten years, then we will contact you (If you have updated us with your recent contact detail,) and offer a replacement tree of the same species at a reduced purchase price.  This can be purchased at your discretion, and new tree will be supplied between 1.75 and 2.75m tall.

17.4 Our plaques and benches which are made from locally sourced Green Oak are guaranteed for a period of 7 years from the date of purchase.  If the circle of life catches up with these products within the first 7 years of their purchase and we have your up-to-date contact details, then we will contact you and replace free of charge a replacement plaque or bench.

17.4.1 If the circle of life catches up with our Green Oak plaques or benches after the 7-year guarantee period following their date of purchase.  Then we will try to attempt contacting you, if we have your up-to-date contact detail, and offer you the option of purchasing a replacement at a reduced price. A replacement can be purchased at your discretion.