Welcome to York Collective. This page (together with the documents
referred to in it) tells you the terms (the “Terms”) which
apply when you order any items (the "Items") from our
website or mobile applications
and related services (each referred to as an
“Application”).
Please read these Terms carefully before ordering any Items from our
Application. If you have any questions relating to these Terms please
contact at support [at] yorkcollective [dot] co [dot] uk before you place
an order. If you are a consumer, you have certain legal rights when you
order Items using our Application. You can find more information about
these rights at:
https://www.citizensadvice.org.uk/consumer/. Your legal rights are not affected by these Terms, which apply in
addition to them and do not replace them. By setting up your York
Collective account, you confirm that you accept these Terms.
This website is operated by York Collective Ltd., a cooperative incorporated and registered in England and Wales, whose registered office is at 20 Abbotsway, YO31 9LF, York, United Kingdom. Our Company Registration Number is 12422006. You may contact us at support [at] yorkcollective [dot] co [dot] uk.
Our objective is to arrange and transport courier consignments in the York area, and to link you to the businesses we partner with (“Partner Businesses") and allow you to order Items for delivery (our “Service”). Where you order from a Partner Business, York Collective acts as an agent on behalf of that Partner Business to conclude your order from our Application and to manage your experience throughout the order process. Once you have placed an order, your Items will be delivered to you by York Collective.
Before you can place orders for Items using our Application, you may need
to open a York Collective account. When you open an account you may create
a password, or other secure login method, and may also have to provide
credit card details. You must keep any password you create, or other
secure login method, secret, and prevent others from accessing your email
account or mobile phone. If another person uses these methods to access
your account, you will be responsible to pay for any Items they order, and
we are not responsible for any other losses you suffer, unless the person
using your password obtained it because we did not keep it secure.
You may close your account at any time by requesting to do so in your
account section of our website or contacting us using the contact details
above. We may suspend your access to your account, or close it
permanently, if we believe that your account has been used by someone
else. We may also close your account if in our opinion you are abusing our
Service (for example, by applying for refunds or credit to which we do not
consider you are entitled, making repeated unreasonable complaints,
mistreating our staff, or any other good reason).
York Collective operates within York’s Outer Ringroad. Furthermore, each Partner Business has a prescribed delivery area. The delivery areas may change at any time due to factors such as weather, or demand on our service. This is to ensure that Items reach your door at their best. Our Partner Businesses each decide their own operating hours. That means that the availability of our Service, and the range of Partner Businesses from which you can order, depends on the Partner Businesses in your area. If you try to order a delivery to a location outside the delivery area or operating hours of York Collective, or a Partner Business, or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.
When you place an order through our Application, it needs to be accepted by us or the Partner Business before it is confirmed. We will send you a notification if your order has been accepted (the "Confirmation Notice"). The contract for the supply of any Items or services you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all Items ordered using your account, and for related delivery charges, and for complying with these Terms, even if you have ordered the Item for someone else. Some Partner Businesses operate a minimum order value policy. This will be displayed on our Application. All Items are subject to availability.
Partner Businesses may use nuts or other allergens in the preparation of certain Items. Please contact our Partner Business prior to ordering if you have an allergy. York Collective cannot guarantee that any of the Items sold by our Partner Businesses are free of allergens.
York Collective only handles Items that can be carried by bicycle or cargo
bike. Excluded from transport without exception is the transport of
persons and live animals; of unpacked foods; goods that are not
transportable under applicable law, in particular non-marketable drugs or
weapons. In individual cases, on the basis of an additional agreement, we
may choose to deliver dangerous goods; perishable foods; valuables and
works of art; cash, securities, jewelry or similar valuables. If Items of
this type are to be delivered, this is to be mentioned explicitly. Only
after confirmation by York Collective and with appropriate additional
agreements, a delivery order is concluded. In the case of valuables,
supplementary insurance may be required on the part of the client for
which they are wholly responsible.
If a consignment consists of more than one unit, this must be noted when
the order is placed by the client. The individual transport units should
be addressed accordingly.
When you place an order you will have the choice to place it as an ASAP
Delivery or a Scheduled Delivery. For an ASAP Delivery, we will tell you
an estimated delivery time for your Item before you place the order, but
we will attempt delivery as soon as possible; you must therefore be
available to accept delivery from the time you place the order. For a
Scheduled Delivery, we will tell you when the time when the Item is
expected to be delivered; you must be available to accept delivery for ten
minutes before and ten minutes after that time.
Unfortunately, despite our, and our Partner Business’s best
efforts, things do not always go to plan and factors such as traffic and
weather conditions may prevent us from delivering your Item on time. If
your order is more than 15 minutes late, and we haven’t notified
you giving you the option to cancel your order, we will work with you to
make things right unless you have caused the delay (e.g. because you gave
us the wrong address or did not come to the door).
We will attempt delivery at the address you provide to us when you place
your order. If you need to change the delivery location after you have
placed your order, we may be able to change to the address to an
alternative one that is registered with your account if you let us know
before the courier has been dispatched, and the new address is within the
same zone as the address you originally ordered your Item to. If we cannot
change the delivery address, you have the option to cancel the order, but
if item preparation has started you will be charged the full price for the
Item, and if the courier has been dispatched you will also be charged for
delivery. A new delivery attempt or the return delivery of the
undeliverable Items is considered a delivery order and will be treated
accordingly and charged. If this results in the need to store Items, a fee
of £5 will be charged per day.
You will still be charged for the Item and for delivery in the event of a
failed delivery if you have caused such failure for any reason. Reasons
you might cause a delivery to fail include (but are not limited to):
You do not come to the door, did not pick up the phone when the courier
contacted you using the contact information you have provided us and/or
you picked up the phone but then failed to provide access within a
reasonable amount of time, and the courier is unable to find a safe
location to leave the Items.
The courier refuses to deliver the Item to you in accordance with section
8 (Age Restricted Products).
You have a legal right to receive goods which comply with their
description, which are of satisfactory quality and which comply with any
specific requirements you tell us about (and we agree to) before you place
your order. If you believe that the Items you have been delivered do not
comply with these legal rights, please let us know. We may request a
photograph showing the problem if it is something that can be seen by
inspecting the Items. We will provide a refund or account credit in
respect of the affected part of the Item, and also in respect of delivery
if the whole order was affected, unless we have reasonable cause to
believe that the problem was caused after delivery.
Prior to processing your refund or account credit, we may take into
account relevant factors including the details of the order, including
your account history, what happened on delivery and information from the
Partner Business.
Age restricted products (including, without limitation, alcohol, tobacco and cigarettes) can only be sold and delivered to persons aged 18 or over. By placing an order for an age restricted product, you confirm that you are at least 18 years old. York Collective operates the Challenge 25 age verification policy whereby customers who look under aged 25 will be asked by the delivery courier to provide proof that they are aged 18 or over. The courier may refuse to deliver any age restricted product to any person who does not look aged 25 unless they can provide valid photo ID proving that they are aged 18 or over. The Partner Business and the delivery courier may refuse to deliver alcohol to any person who is, or appears to be under the influence of either alcohol or drugs. If delivery of any age restricted product is refused, you will still be charged for the relevant Item and for delivery.
You may cancel an order without charge at any time before the Business
Partner has started preparing the item (a "Started Order"). If
you wish to cancel an order before it becomes a Started Order, please
contact us immediately, via our Application. If the Partner Business
confirms the order was not a Started Order, we will refund your payment.
If you cancel any order after it becomes a Started Order, you will be
charged the full price for the Items, and if the courier has been
dispatched you will also be charged for delivery.
York Collective and the Partner Business may notify you that an order has
been cancelled at any time. You will not be charged for any orders
cancelled by us or the Partner Business, and we will reimburse you for any
payment already made using the same method you used to pay for your order.
We may also apply credit to your account to reflect the inconvenience
caused.
Prices do not include VAT. We are not VAT registered. York Collective may
operate dynamic pricing some of the time, which means that prices of Items
and delivery may change while you are browsing. Prices can also change at
any time at the discretion of the Partner Businesses. We reserve the right
to charge a Service Fee, which may be subject to change, for the provision
of our Services. You will be notified of any applicable Service Fee and
taxes prior to purchase on the checkout page on our Application. No
changes will affect existing confirmed orders, unless there is an obvious
pricing mistake. Nor will changes to prices affect any orders in process
and appearing within your basket, provided you complete the order within 2
hours of creating the basket. If you do not conclude the order before the
2 hour cut-off the items will be removed from your basket automatically
and the price change will apply. If there is an obvious pricing mistake we
will notify you as soon as we can and you will have the choice of
confirming the order at the original price or cancelling the order without
charge and with a full refund of any money already paid. Where York
Collective or any Partner Businesses make a delivery, we or the Partner
Business may also charge you a delivery fee. This will be notified to you
during the order process before you complete your order.
The total price of your order will be set out on the checkout page on our
Application, including the prices of Items and Delivery and applicable
Service Fees and taxes.
Payment for all Items and deliveries can be made on our Application by
credit or debit card, or other payment method made available by York
Collective. Once your order has been confirmed your credit or debit card
will be authorised and the total amount marked for payment. Payment is
made directly to York Collective acting as agent on behalf of the Partner
Business only. Payment may also be made by using vouchers or account
credit. Use of these is subject to York Collective's Voucher and
Account Credit Terms.
We are authorised by our Partner Businesses to accept payment on their
behalf and payment of the price of any Items or delivery charges to us
will fulfil your obligation to pay the price to the Partner Business. In
some cases, you can alternatively make your payment in cash directly to
the Partner Business by paying the courier at the time of delivery. Where
cash payment is possible, this will be made clear on our Application
before you place your order.
Partner Businesses sometimes make special offers available through our
Application. These are visible when you look at a Partner Business menu.
These offers are at the discretion of the Partner Businesses. Unless the
offer terms state a fixed or minimum period for which an offer will be
available, it can be withdrawn at any time, unless you have already placed
an order based on the offer and we have sent the Confirmation Notice.
York Collective may, at our discretion, agree to issue invoices for
services rendered. If a client / client has objections to a York
Collective invoice, they must be submitted in writing within 14 days of
receipt of the invoice. After expiry of this period, invoices issued by
York Collective shall be deemed accepted.
If the required invoice amount is not paid even after the first reminder,
York Collective will demand a reminder fee of £5 for the second
reminder and a reminder fee of £10 for the third reminder.
When you place an order, you will have the option to make a discretionary payment of a tip or gratuity to York Collective in addition to the purchase price of the Items in your order. Your courier will receive 100% of any discretionary payment you choose to make.
We are responsible to you for any loss or damage that you suffer that is a
foreseeable result of our breaking these Terms or of failing to use
reasonable care and skill in relation to your use of our Service. We are
not responsible for any loss or damage that is not foreseeable. Loss or
damage is “foreseeable” if it is either obvious that it will
happen, or if you told us that it might happen, for example if you tell us
about particular circumstances that might increase the loss or damage
arising from our breach of these Terms before you place an order.
We do not exclude or limit our responsibility to you for loss or damage
where it would be unlawful to do so. This includes any responsibility for
death or personal injury caused by our failure, or our employees’,
agents’ or subcontractors’ failure, to use reasonable care
and skill; for fraud or fraudulent misrepresentation; for breach of your
legal rights in relation to the Items, as summarised at part 7 above; or
for defective Items under the Consumer Protection Act 1987. Subject to the
previous paragraph, we are not responsible for any loss or damage that you
suffer as a result of your own breach of these Terms, or as a result of
any IT hardware or software failure other than a failure in our
Applications.
York Collective only assumes liability for transport damage if damage due
to inadequate, protective packaging is excluded. The client must ensure
that the Items are packaged so that it can be transported safely. The
courier is entitled to check the Items to be delivered on acceptance for
existing damage and to assess packaging for suitability. Discrepancies are
logged. Consignments without transport packaging are transported at the
explicit request of the client / customer, York Collective’s
liability in case of damage during transport in this case, however,
completely excluded; exceptions are damages due to intent or gross
negligence of the courier. Transport damage is to be reported by the
recipient or the client immediately to the courier or in writing to the
York Collective. Hidden transport damage that can not be detected
immediately upon receipt of a shipment must also be reported immediately,
but no later than seven days after completion of the delivery. General
reservations, such as "conditional" or "unconfirmed"
acknowledgment of receipt, do not constitute an indication of damage and
the aforementioned time limits still apply.
The liability per shipment is, unless otherwise provided by law, limited
to £100, but not more than the value of the damaged or lost good.
Further claims, for whatever legal reason, are excluded. York Collective
is not liable for consequential damages. However, further liability for
intent or gross negligence remains unaffected.
All claims against York Collective, as well as their contracted
subcontractors, regardless of the legal grounds, become time-barred after
one year.
We process your personal data in accordance with our Privacy Policy which can be found at yorkcollective.co.uk/privacypolicy.
If either we or you have any right to enforce these Terms against the
other, that right will not be lost even if the person who has the right
delays enforcing it, or waives their right to enforce it in any instance.
If a court or other authority decides that any part of these Terms is
illegal or ineffective, the rest of the terms will be unaffected and will
remain in force.
We may change these Terms from time to time. If we make any changes which
affect your rights in relation to our Service, we will notify you. Changes
to the Terms will not affect any orders you have placed where we have sent
the Confirmation Notice. These Terms are governed by English law and you
can bring legal proceedings in relation to our Service in the English
courts. If you live in Scotland you can bring legal proceedings in respect
of the Items in either the Scottish or the English courts. If you live in
Northern Ireland you can bring legal proceedings in respect of the Items
in either the Northern Irish or the English courts. We are required by EU
law to provide this link to the EU’s online dispute resolution
portal, however we do not participate in dispute resolution under this
process.
York Collective Terms Of Use For Website And Applications
This page (together with the documents referred to on it) tells you the
terms of use on which you may make use of our website
yorkcollective.co.uk (our
"Site") or any application we make available via an app store or
otherwise (our "Service"), whether as a guest or a registered
user. Please read these terms of use carefully before you start to use or
Site or our Service. By accessing our Site or by using our Service, you
indicate that you accept these terms of use and that you agree to abide by
them. If you do not agree to these terms of use, do not access our Site or
use our Service.
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website yorkcollective.co.uk (our "Site") or any application we make available via an app store or otherwise (our "Service"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use or Site or our Service. By accessing our Site or by using our Service, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, do not access our Site or use our Service.
This website is operated by York Collective Ltd. ("we", "us" or "York Collective"), incorporated and registered in England and Wales, whose registered office is at 20 Abbotsway, YO31 9LF, York, United Kingdom. Our Company registration number is 12422006. York Collective is a business where the item is prepared by independent Businesses (our "Partner Businesses") and delivered by us.
Access to our Site and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice (see below). We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site or our Service, or our entire Site or Service to users who have registered with us. You are responsible for maintaining the confidentiality of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact support [at] yorkcollective [dot] co [dot] uk straight away to let us know. We can deactivate your account at any time.
You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 5 below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.
We may from time to time provide certain features which allow you to interact through our Site or our Service such as chat rooms. Generally, we do not moderate any interactive service we provide, although we may remove content in contravention of these Terms of Use as set out in section 6. If we do decide to moderate an interactive service, we will make this clear before you use the service and normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute
to our Service (the "Contributions"), and to any interactive
services associated with it. You must comply with the spirit of the
following standards as well as the letter. The standards apply to each
part of any Contributions as well as to its whole. Contributions must be
accurate (where they state facts), be genuinely held (where they state
opinions) and comply with applicable law in the UK and in any country from
which they are posted. Contributions must not:
contain any material which is defamatory of any person, obscene,
offensive, hateful or inflammatory, promote sexually explicit material or
promote violence or promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation or age;
infringe any copyright, database right or trademark of any other
person;
be likely to deceive any person or be made in breach of any legal duty
owed to a third party, such as a contractual duty or a duty of confidence
or promote any illegal activity;
be threatening, abuse or invade another's privacy, or cause
annoyance, inconvenience or needless anxiety or be likely to harass,
upset, embarrass, alarm or annoy any other person;
be used to impersonate any person, or to misrepresent your identity or
affiliation with any person or give the impression that they emanate from
us, if this is not the case; or
advocate, promote or assist any unlawful act such as (by way of example
only) copyright infringement or computer misuse.
Failure to comply with section 3 (Acceptable Use) and/or 5 (Content
Standards) in these Terms of Use constitutes a material breach of the
Terms of Use, and may result in our taking all or any of the following
actions:
immediate, temporary or permanent withdrawal of your right to use our
Service;
immediate, temporary or permanent removal of any posting or material
uploaded by you to our Service;
issuing of a warning to you;
legal action against you including proceedings for reimbursement of all
costs on an (including, but not limited to, reasonable administrative and
legal costs) resulting from the breach;
disclosure of such information to law enforcement authorities as we
reasonably feel is necessary.
The responses described in this clause are not limited, and we may take
any other action we reasonably deem appropriate.
We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.
Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.
We aim to update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.
We have taken every care in the preparation of our Site and our Service. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Site or our Service. If we are informed of any inaccuracies on our Site or in our Service we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Site, our Service, and any website linked to our Site and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
We collect certain data about you as a result of you using our Service. This is described in more detail in our privacy policy.
Any material you upload to our Service or data that we collect as set out above (section 11) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
The English courts will have jurisdiction over any claim arising from, or related to, a visit to our Site or use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
If you have any concerns about material which appears on our Service, please contact support [at] yorkcollective [dot] co [dot] uk.
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