Terms and Conditions - Updated 27/08/2021
These terms and conditions govern your use of our website. Please read these terms in full before you use this website. If you do not accept these terms and conditions, please do not use this website. Your continued use of this website confirms your acceptance of these terms.
Website access
Use of website
Disclaimer
Cancellations, returns & refunds
Posting, terms and conditions
Posting of bait terms and conditions
Cancelations
Law & Juristiction
1, Website access
1-1, It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website will only be accessible only if you have registered.
2, Use of website
2-1, This website may be used for your own private purposes and in accordance with these terms and conditions.
2-2 You may print and download material from this website provided that you do not modify or reproduce any content without our prior written consent.
2-3, Website uptime
2-4, All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
2-5, Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.
2-6, Visitor provided material
2-7, Any material that a visitor to this website sends or posts to this website shall be considered non-proprietary and non confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.
2-8, When using this website you shall not post or send to or from this website any material:
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for which you have not obtained all necessary consents
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that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
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which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
2-9,We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 2-8.
2-10, Links to and from other websites
2-11, Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.
2-12, Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
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you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
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you do not misrepresent your relationship with this website; and
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the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
1.11 By linking to this website in breach of clause 1.10 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.
3, Disclaimer
3-1, Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.
3-2 All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.
7, Exclusion of liability
3-3, We do not accept liability for any loss or damage that you suffer as a result of using this website.
3-4, Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.
4, Cancellations, returns and refunds
4-1, All customers have the right to cancel their order under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations.
4-2, Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods.
4-3, To meet the cancellation deadline, please notify us via email or phone about cancelling the order before the cancellation period has expired.
4-4,If you are in possession of the goods you are under the duty to retain them and take reasonable care of them. You must send the goods back to us to our contact address (33 Milton Avenue, Scarborough YO12 4ES) at your own cost (unless we delivered the item to you in error or the item is damaged or defective) as soon as possible once you have cancelled the order.
4-5, We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.
4-6, Once you have notified us that you wish to cancel the order, any sum debited to us will be refunded to you as soon as possible and in any event within 14 days of your cancellation.
4-7, You will not have any right to cancel an order for the supply of any of the following goods:
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medicinal products or services that are either dispensed on prescription or are available free under an NHS arrangement.
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a contract for passenger transport services - such as bus, rail or flight tickets.
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the supply of goods or services where prices are dependent upon fluctuations in the financial markets, which are beyond the control of the retailer.
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the supply of goods that are made to the customer's specification or are clearly personalised.
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the supply of goods that are liable to deteriorate or expire rapidly - such as frozen products and/or live worms or crabs that have been ordered in specifically to fulfil your order.
4-8, In addition you will lose your right to cancel if you:
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unseal goods that are not suitable for return if they are unsealed, due to health protection or hygiene reasons.
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unseal audio, video recordings or computer software that were sealed at the time of delivery.
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combine goods with other goods after delivery so that they become inseparable.
4-9, Due to the nature of the goods we cannot offer refunds for goods that are delivered without being signed for. Any items which are unsigned for and therefore left 'safe' by our couriers are the customers responsibility and we do not accept any responsibility for goods going missing or being damaged once courier has delivered. It is the customers responsibility to ensure they are in and can sign for the parcel at the arranged time of delivery.
4-10, Refunds cannot be issued if your order arrives defrosted. Although 99% of parcels turn up in a frozen state, we can not be held responsible for any defrosted baits due to courier delays that are out of our hands due to weather etc. and is the customers choice and risk when ordering frozen goods online.
5, Posting terms and conditions
5-1, Your order will be processed and delivered without undue delay, no later than 30 days after your order has been placed. we aim to have all orders dispached within 7 days unless out of stock, if this is the case we will notify via email, message or a call.
5-2, Please allow for up to 7 working days for delivery following the dispatch of your order.
5.1, Posting of bait, terms and conditions
5.1-1, PLEASE NOTE WE NO LONGER OFFER POSTAGE FOR BAIT ORDERS. IF YOU SELECT THIS OPTION AT THE CHECKOUT IT IS YOUR OWN RESPONSBILITY AND WE WILL NOT REFUND THAT COST. BAIT ORDERS ARE COLLECTION ONLY. MAKE SURE YOU SELECT COLLECTION AT THE CHECKOUT. WE DO OFFER A FREE LOCAL DELIVERY WITHIN THE SCARBOROUGH AREA. PLEASE CONTACT US FOR FURTHER DETAILS
Please ignore our baits sell by dates, this does not affect our baits quality if out of date, solely for the attention of anyone wishing to use for human consumption. Baits are sold for fishing purposes only.
Collections
Collections can be arranged.
5.2, Posting of rods
Due to difficulties with packaging and insurance we DO NOT POST RODS. Rods are for collection only.
6, Collection of orders
6-1, We dont have set opening times or set dates
6-2, Just give us a call, and we will try our best to acommondate you
6-3, Collection is at net loft 5, West pier, Scarborough Harbour, YO11 1PD unless stated otherwise.
7, Invoices
7-1, invoices have to be paid before good are released unless we reach a credit aggreement with the individual, if a agreement is made to extend payment this will be for a maximum of 30 calender days.
7-2. In case of late payment of an invoice, all other debts of the customer that are not yet due will become payable immediately by operation of law and without prior notification.
7-3. If an invoice has not been paid on the due date, for whatever reason, Skylark tackle reserves the right to suspend performance of all on-going orders, until full and due payment of all outstanding amounts has been received, including the flat fee in damages, flat fee interest and flat fee costs incurred for sending the demands for payment, as outlined in items 7-2., without prior notice of default and without the customer being entitled to compensation.
7-4. The customer is only able to offset Becosoft’s claims against acknowledged counterclaims established in a legally valid way.
7-5. If written, specific terms and conditions allow the customer to pay outstanding amounts in various instalments, customers failing to pay one instalment will lose the benefit of spread payments and the full outstanding amount will become payable, including the conventional interest and conventional amounts in damages. The same applies in case of postponement or suspension of payments, voluntary or court-ordered liquidation, in case of bankruptcy and in case of involvement in any other insolvency proceedings.
7-6. Skylark tackle must be notified in writing of any protestation of an invoice no later than on the 10th calendar day following the due date of the disputed invoice. The written protestation must contain the date, number and amount of the disputed invoice and must mention expressly, in detail and exhaustively the reasons for the protestation.
7-7. In cases, as described under item 7-3. of these invoice terms and conditions, Skylark Tackle is entitled to unilaterally terminate the Agreement, without any prior notice of default having to be issued. In case of termination, Skylark Tackle is entitled to immediately stop providing the services as well as to retake possession of goods already delivered, without court intervention and regardless of the location of the goods, even if they are held by third parties. Customers must pay a flat fee in damages, equal to 1/3rd of the price shown on the order confirmation, as well as all costs resulting from the termination, stopping and retaking possession of the goods.
7-8. Skylark Tackle has lien on all goods, regardless of their value, in its possession at the time of the customer’s breach of any commitment.
7-9. The general terms and conditions of Skylark Tackle remain in full force applicable on this invoice. The latest version of the general terms and conditions can be freely consulted on www.skylarktackle.co.uk In case the general terms and conditions differs from these invoice terms and conditions, the invoice terms and conditions will have precedence over the general terms and conditions.
7-10. Skylark Tackle remains owner of all goods that are delivered until the customer has settled all receivables resulting from the business relationship with Skylark Tackle, including those future claims arising from agreements signed at the same or a later time. The detailed description of the retention of title can be found in the general terms and conditions, which is fully applicable on this invoice.
7-11. Invoices Paid via Bacs - Bacs details- Account name; Mr N D Gough account No; 00913255, sort code;1106
8, Law and jurisdiction
These terms and conditions are governed by English law. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales
9, Privacy Policy
9-1, All orders are processed through SSL Secure Shopping payment gateway and PayPal, all orders are placed on a secure network that is locked and encrypted, Skylark Tackle do not view card details these are only used by the payment service provider.
9-2, We are committed to protecting your privacy and we comply with the Data Protection Laws applicable to the UK. We use the information collected from you to process orders and to provide a more personalized shopping experience.
9-3, We do not pass buyer details to third parties, we will not allow our customers to be spammed by third parties. We will only use your details for promotional offers and newsletters. We will only contact you if there is a issue regarding your purchase from us.
10, Contact Information
10.1 We try and offer customers the best possible service an on line company can. We try and have the most competitive prices on line and part of this means we cut back on time in the shop. This means we offer the customer a very easy to use on telephone service and were contable via phone, email, or messager service. we do work late hours and early mornings. but we a reachable between 7.30am till 9.30pm if we cant answer your quary strait away we will contact you as soon as we can.
(please bear in mind our staff have family, and voluntry commitments locally to scarborough within swimming and the RNLI so we sometimes can be busy).
our contact information is on the bottom of the page for the
Warehouse (Skylark Tackle, Net Loft 5, West Pier, Scarborough Harbour, YO11 1PD - Tel: 01723355754)
Office (33 Milton Avenue, Scarborough, YO12 4ES - Tel: 07939025881)
Email: nick@skyarkfishing.co.uk