Terms and Conditions
These Terms will apply to any contract between you and Greasy Kulture for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract you enter into are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.greasykuture.com. We are Greasy Kulture Limited, a company registered in England and Wales under company number 09700721 and with our registered office at The Innovation Centre, Innovation Way, Heslington, York, North Yorkshire YO10 5DG. Our main trading address is 9 Barleycorn Yard, Walmgate York YO1 9TX. Our VAT number is GB223062061.
1.2 This website is intended for use by consumers over the age of 18 only. If you are using the website in the course of a business please contact e-mail us at email@example.com or contact our Customer Services team by telephone on + 44 (0) 1904 211062.
1.3 Contacting us:
(a) To cancel an Order in accordance with your legal right to do so as set out in clause 7, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at firstname.lastname@example.org or contact our Customer Services team by telephone on + 44 (0) 1904 211062 or by post to Greasy Kulture, 9 Barleycorn Yard, Walmgate York YO1 9TX. If you are emailing us or writing to us please include details of your Order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or post the letter to us.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at + 44 (0) 1904 211062 or by e-mailing us at email@example.com.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2. THE PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. The Products delivered to you may vary slightly from those images.
2.2 The packaging of the Products may also vary from that shown on images on our site.
3. USE OF OUR SITE
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND Greasy Kulture
5.1 Each Contract is an agreement between you and Greasy Kulture that incorporates these Terms.
5.2 Our shopping pages will guide you through the steps you need to take to place an order through the website. Our order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each page of the order process.
5.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Acceptance of your order will take place as described in clause 5.4.
5.4 We will confirm the order to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between you and Greasy Kulture will only be formed when we send you the Dispatch Confirmation.
5.5 If Greasy Kulture is unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 10.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will arrange for a refund to you of the full amount including any delivery costs charged as soon as possible.
5.6 If you have a complaint regarding any aspect of your use of our website or any Contract please e-mail us at firstname.lastname@example.org or contact our Customer Services team by telephone on + 44 (0) 1904 211062 or by post to Greasy Kulture, 9 Barleycorn Yard, Walmgate York YO1 9TX. If you are emailing us or writing to us please include details of your order to help us to identify it.
6. OUR RIGHT TO VARY THESE TERMS
6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 Every time you order Products through this website, the Terms in force at the time of your order will apply to the Contract between you and Greasy Kulture.
6.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
6.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
7. YOUR CONSUMER RIGHT OF RETURN AND REFUND
7.1 The clauses set out below set out your legal rights as a consumer. Please see in addition our Returns policy that sets out additional rights to return Products.
7.2 As a consumer you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 7.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm the Greasy Kulture acceptance of your order), which is when the Contract between you and Greasy Kulture is formed.
Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered.
7.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the form on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation.
You can also e-mail us at email@example.com or contact our Customer Services team by telephone on + 44 (0) 1904 211062 or by post to Greasy Kulture, 9 Barleycorn Yard, Walmgate York YO1 9TX. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
7.5 If you cancel your Contract we will arrange for:
(a) a refund to you of the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page for information about what handling is acceptable and examples.
(b) a refund to you of any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3–5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) any refunds due to you to be made as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product, see clause 7.8;
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
7.6 If you have returned the Products under this clause 7 because they are faulty or mis-described, we will arrange for a refund of the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item.
7.7 Refunds will be made to you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product the refund may be made to you in vouchers.
7.8 If a Product has been delivered to you before you decide to cancel a Contract: (a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back or hand it to our authorised carrier. Please see our Returns page for our returns address and how to arrange a return. If we have offered to collect the Product from you, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
(b) unless the Product is faulty or not as described (in this case, clause 7.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
7.9 Because you are a consumer, Greasy Kulture is under a legal duty to supply Products that are in conformity with the Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.1 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm acceptance of your order). Occasionally delivery to you may be affected by an Event Outside Control (see clause 13).
8.2 Delivery of an order shall be completed when we deliver the Products to the address you provided and the Products will be your responsibility from that time.
8.3 You own the Products once payment is received in full, including all applicable delivery charges.
8.4 If we miss the 30 day delivery deadline for any Products then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before acceptance of your order that delivery within the delivery deadline was essential.
8.5 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 8.4, you can notify a new deadline for delivery, which must be reasonable, and you can cancel your order if we don’t meet the new deadline.
8.6 If you do choose to cancel your order for late delivery under clause 8.4 or clause 8.5, you can do so for just some of the Products that are the subject of the applicable Contract or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will arrange for a refund of any sums you have paid for the cancelled Products and their delivery.
9. INTERNATIONAL DELIVERY
9.1 We deliver internationally with a few country exceptions as there are restrictions on some Products for certain International Delivery Destinations.
9.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
9.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
9.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
10. PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 10.5 for what happens if we discover an error in the price of Product(s) you ordered.
10.2 Prices for the Products may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of a Product includes VAT (where applicable) at the applicable current rate. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page.
10.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. Your order will not be processed without your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a misplacing, Greasy Kulture does not have to provide the Products to you at the incorrect lower price.
11. HOW TO PAY
11.1 You can only pay for Products using a debit card, credit card or Paypal.
11.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
12. OUR LIABILITY IF YOU ARE A CONSUMER
12.1 If we fail to comply with these Terms, it is responsible for loss or damage you suffer that is a foreseeable result of its breach of these Terms or ours or its negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by us and you when you accepted these Terms by accessing the website at the time you entered into the Contract.
12.2 Greasy Kulture only supply the Products for domestic and private use unless specified. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
13. EVENTS OUTSIDE CONTROL
13.1 Neither we nor any Retail Partner we work with will be liable or responsible for any failure to perform, or delay in performance of, any of our or its obligations under a Contract that is caused by an Event Outside Control. An Event Outside Control is defined below in clause 13.2.
13.2 An Event Outside Control means any act or event beyond our or a Retail Partner’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3 If an Event Outside Control takes place that affects the performance of a Contract
(a) we will contact you as soon as reasonably possible to notify you; and
(b) the obligations under a Contract will be suspended and the time for performance of obligations will be extended for the duration of the Event Outside Control. Where the Event Outside Control affects delivery of Products to you, we or the relevant Retail Partner will arrange a new delivery date with you after the Event Outside Control is over.
13.4 You may cancel a Contract affected by an Event Outside Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange for a refund of the price you have paid, including any delivery charges.
14. COMMUNICATIONS BETWEEN US
14.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
15. OTHER IMPORTANT TERMS
15.1 You may only transfer your rights or your obligations under these Terms to
another person if we agree in writing.
15.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.4 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of country in the European Union you may also bring proceedings in that country.