WEBSITE TERMS AND CONDITIONS These are the terms and conditions ("Consumer Terms and Conditions") which govern your use of the website which you will require to access to purchase a Feversham Arms & Verbena Spa on-line gift voucher (the "Website"). By reading and accepting these Consumer Terms and Conditions, you will be automatically transferred to the Website and will be bound by these Consumer Terms and Conditions.
We, Feversham Arms & Verbena Spa reserve the right to vary these Consumer Terms and Conditions from time to time. It is your responsibility to regularly review these Consumer Terms and Conditions before each purchase to keep up to date with any changes to them.
1.1 The Website offers gift vouchers for sale ("Gift Voucher").
1.2 No contract for the sale of any Gift Voucher will subsist between you and Feversham Arms & Verbena Spa unless and until Feversham Arms & Verbena Spa accepts your order by way of an email detailing that payment has been received in full, the content of the Gift Voucher purchased and confirming your details (the "Confirmation"). That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Feversham Arms & Verbena Spa sends the Confirmation to you (whether or not you receive that Confirmation). The Confirmation amounts to an acceptance by Feversham Arms & Verbena Spa of your offer to buy gift voucher(s) from Feversham Arms & Verbena Spa or a third party supplier that is engaged on your behalf by Feversham Arms & Verbena Spa.
1.3 You must check that the details of the Confirmation are correct as soon as possible and you should print out and keep a copy of it.
1.4 Payment shall be taken online by credit or debit card (Mastercard, Visa, Delta, American Express, Switch or Solo).
1.5 You undertake that all details you provide to Feversham Arms & Verbena Spa for the purpose of ordering Gift Voucher are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the Gift Voucher ordered.
1.6 In order to protect your details during ordering, the Website uses a software package known as Secured Sockets Layer (SSL), which is indicated by a padlock which will appear in the bottom left hand corner of the web browser (grey border area of the screen).
2. Issuing Gift Vouchers
2.1 Each Gift Voucher sold is subject to terms and conditions of use which can be viewed on the Website alongside each individual Gift Voucher.
2.2 We shall be responsible for issuing, posting first class (or special delivery if requested) and performing any other terms set out in the Confirmation. The Gift Voucher should be issued and posted within three (3) days of sending out the Confirmation, although you must bear in mind that during busy holiday periods it might take longer. We accept no liability for any delay which may occur in the delivery times.
3. Complaints Procedure and Returns
3.1 Please remember that the terms and conditions which will apply to each Gift Voucher will be individual to each Gift Voucher and can be viewed on the Website alongside each individual Gift Voucher. Subject to paragraph 3.2 below, our policy on cancellations or refunds will be in accordance with the terms and conditions of each individual Gift Voucher.
3.2 All Gift Vouchers are non-refundable and non-transferable unless otherwise agreed by us.
3.3 All specific arrangements regarding booking dates and times must be made directly with us, and we recommend that you reconfirm any arrangements made with us a few days before the event to avoid disappointment. We will use all reasonable endeavours to meet your request but cannot guarantee any specific date or time.
3.4 Nothing in the Consumer Terms and Conditions or any additional terms and conditions applicable to a Gift Voucher alter or affect your statutory rights.
4.1 This section applies only to the extent permitted by law. For the avoidance of doubt, Feversham Arms & Verbena Spa do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Feversham Arms & Verbena Spa negligence or wilful default, or that of Feversham Arms & Verbena Spa employees, agents or subcontractor or (b) fraudulent misrepresentation.
4.2 In the event that Feversham Arms & Verbena Spa breach their contract with you, Feversham Arms & Verbena Spa shall be responsible only for refunding the cost of the Gift Voucher. Feversham Arms & Verbena Spa shall not be liable to pay any other compensation or losses suffered by you as a consequence of Feversham Arms & Verbena Spa breach of contract.
4.3 Feversham Arms & Verbena Spa agree to provide the services for which the Gift Voucher was purchased in accordance with the description on the Website, at all times with reasonable skill and care. Feversham Arms & Verbena Spa make no other warranty or representation.
The Website is protected by copyright, and other intellectual property rights and laws. You may view the Website and download part(s) of it to a personal computer for personal viewing for private purpose, but for no other purpose whatsoever. NONE OF THE CONTENT MAY BE DOWNLOADED, COPIED, REPRODUCED, TRANSMITTED, STORED, SOLD OR DISTRIBUTED FOR ANY NON PERSONAL PURPOSE WITHOUT OUR PRIOR WRITTEN CONSENT.
6.1 Your privacy is important to us, and we are committed to maintaining the privacy of any personal information received from you. We subscribe to the principles of UK data protection legislation. By giving us your details you accept that we will be able to use them for operational purposes including providing your details to our gift voucher partner, SK Chase Limited.
6.2 In using your personal data for operational purposes we may send your information internationally including to countries outside the EEA (for example to the U.S.A.). By accepting these Consumer Terms and Conditions you acknowledge that some of these jurisdictions offer differing levels of protection of personal information, not all of which may be as high as the UK, and you consent to your data being transferred to such countries.
By accessing and using the Website, or any of the information on it, you acknowledge that, while reasonable endeavours have been used to ensure that all information contained on the Website is correct, accurate and up to date, we make no warranties, representations or undertakings that the material on the Website will be free from infections, viruses, worms, trojan horses and/or other codes that have contaminating or destructive properties. (It is your responsibility to take protective steps such as virus checking).
8. Governing Law and Jurisdiction
The Website and these Consumer Terms and Conditions are governed by the laws of Scotland. You agree to submit to the exclusive jurisdiction of the Scottish courts in all matters relating to such use of the Website and in relation to these Consumer Terms and Conditions. If any provision of these Consumer Terms and Conditions is found by a court of competent jurisdiction to be invalid you agree that the other provisions of these Consumer Terms and Conditions will remain in full force and effect in so far as possible. If you access the Website from outside the UK you are responsible for compliance with any local laws relating to access.