Terms of Service
OVERVIEW
This website is operated by The Knitter's Yarn. Throughout the site, the terms 'we', 'us' and 'our' refer to The Knitter's Yarn. We offer this website including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing from us, you engage in our 'Service' and agree to be bound by the following terms and conditions ('Terms of Service', 'Terms') including those additonal terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.
Please read these Terms carefully before you make use of any of our Services. By accessing or using any part of the site you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement then you may not access the website or use any of its services.
You should check this page regularly to take notice of any changes we may have made to the Terms & Conditions as we reserve the right to update, change or replace any part of the Services without notice. your continued use of, or access to, the website following the posting of any changes constitutes acceptance of those changes. We will not be liable if for any reason this Website is unavailable at any time or for any period.
This Website also contains links to other websites which are not operated by The Knitter's Yarn (the 'Linked Sites') and over which The Knitter's Yarn has no control and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each Linked Site.
Our store is hosted on Shopify Inc and they provide us with the online e-commerce platform that allows us to sell our products and services to you.
1. ONLINE STORE TERMS - YOUR OBLIGATIONS & CONDUCT
By agreeing to our Terms of Service and/or completing an order on our Website, you signify that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and that you have a parent or guardian's permission to register with and purchase Goods from the Website in conjunction with and under their supervision. It is your responsibility to ensure that when other people are using our Website through your internet connection they are aware of, and comply with, our Terms of Use. You are responsible for all actions taken under your account.
You must provide us with true and accurate information for example: your real name, phone number, email address and any other requested information as requested. It is not permitted to falsify or omit contact information when registering with The Knitter's Yarn; nor are you permitted to use fax or disconnected numbers as a telephone number. When using this website you must obey all applicable international, federal, state and local laws.
You cannot use the Website and/or the services with any criminal or malicious intentions. Do not do anything to disrupt our performance, cause distress or inconvenience to other people or do anything that could get you into trouble.
You must not misuse this Website and any breach of this provision would constitute a criminal offence under the Computer Misuse Act 1990. The Knitter's Yarn will report any such breach to the relevant law enforcement authorities and disclose your identity to them. You will not: transmit or distribute a virus, worm, trojan, or any code of a destructive nature; post any material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Services; corrupt data; cause annoyance to other users; send any unsolicited advertising or promotional material ('spam') or attempt to affect the performance of functionality of any computer facilities or, or accessed through, this Website.
We will not be liable for any loss or damage caused by a distributed-denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of this Website or to your downloading off any material posted on it, or on any website linked to it.
A breach or violation of any of the Terms will result in immediate termination of your Services. We reserve the right to bar users from this Site on a permanent or temporary basis and any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.
It is your responsibility to choose a password that is unique to your account at The Knitter's Yarn and not to disclose this information to anyone else or keep such information in an insecure place.
2. LICENCE TO USE OUR WEBSITE
We grant you a limited, temporary, revocable, non-exclusive licence to use the Website for your own personal use.
Our Website is provided on an as-is basis which may be unavailable at any time and we may amend or withdraw access and content without notice. You can either use our Website as a Guest or register an account with us. We will not be liable if, for any reason, our Website is unavailable for any period and we reserve the right to change the domain address of the Website and any services, products, product prices, specifications and availability at any time. Should the need arise, we may suspend access to our Website or close it indefinitely. We make no representation or warranty (either expressed or implied) that the Website will be available, timely or error-free, or that defects will be corrected. While we will do all we can to keep the Website and their servers free of viruses or bugs we cannot guarantee their absence at all times.
We are not responsible if information available on our Website is not accurate, complete or current. Any reliance on the material on this site is at your own risk.
3. PRIVACY POLICY
Our privacy policy which sets out how we will use your information can be found at https://theknittersyarn.com/pages/privacy. By using our Website you consent to the terms set out therein and warrant that all data provided by you is accurate.
4. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
We reserve the right at any time and without notice to amend, remove or vary any of its services, prices or any epage of this Website.
We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve both transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.
You agree to fully indemnify, defend and hold us, and our directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
Any new features or services offered through the website in the future will also be subject to these Terms & Conditions.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. It is your responsibility to read and understand the Terms & Conditions of any third party policies and practices.
The completion of the Contract will take place on the despatch to you of the Goods ordered unless we have notified you that we do not accept your order ow you have cancelled it. The Contract will only relate to the Goods stated in the Order Confirmation. We will not be obliged to supply any Goods in your order until you receive an Order Confirmation.
Please check that the details in the Order Confirmation are correct. We reserve the right to refuse to accept and process any and all customer orders on any and all products and services and to suspend, discontinue and refuse the use or acceptance of any and all offers, promotions, discounts at its sole discretion. Non-acceptance of an order may be the result of one of the following:
- the Goods you ordered are unavailable
- our inability to obtain authorisation and confirmed receipt for your payment
- the identification of a pricing or product description error or
- you not meeting the eligibility to order criteria as set out in our Terms & Conditions
5. SALE OF PRODUCT & SERVICES
Whilst we have made every effort to photograph and display as accurately as possible the colours and images of our products that appear on the Website we cannot guarantee that your computer monitor's display will be accurate.
We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on an individual case basis. All descriptions or prices of products are subject to change at anytime without notice at our sole discretion. We also reserve the right to discontinue a product at any time.
We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.
By placing an order on our Website, you are offering to purchase a product on and subject to various Terms & Conditions. All orders are subject to availability and confirmation of the order price. At any time The Knitter's Yarn has the right to cancel the order before it is despatched, refunding any monies due to the customer.
The Knitter's Yarn will endeavour to process the Order and depatch the goods within the time period stated at the time of purchase but any date quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the contract and The Knitter's Yarn will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused. The Knitter's Yarn will not be held responsible for any deliveries held up due to postal delays or force majeure.
When placing an order you undertake that all the details you provide to us are true and accurate, that you are an authorised user of the credit, debit card or PayPal account used to place your order and that there are sufficient funds to cover the order cost. We reserve the right to obtain validation of your credit card,debit card or PayPal details before accepting your Order.
6. OUR CONTRACT
When you place an order you will receive acknowledgement of the order via email which does not constitute acceptance of your order.
If we are unable to supply the goods for any reason we will inform you of this as soon as possible and a full refund will be given if you have already paid for the goods.
A contract between us is formed when we send a confirmation email confirming that all the goods that you ordered have been despatched to you. Only those goods listed in the confirmation email sent at the time of despatch will be included in the contract formed.
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to an order or cancel an order, we may attempt to notify you by contacting the details provided at the time the order was made. We reserve the right to limit or prohibit orders that we believe in our sole judgement appear to be placed by dealers, resellers or distributors.
7. LIMITATION OF LIABILITIES & DISCLAIMERS
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
To the extent permitted by law, neither The Knitter's Yarn, nor its affiliates, directors, employees or contractors shall be liable for any direct, indirect, punitive, incidental, special or consequential damages arising from or in any way connected with the use of the Website, the content of the Website, any delay or inability to use the Website or otherwise in connection with the Website whether based on contract, tort, strict liability or otherwise. Subject to applicable law, we shall not be liable for any of the matters in the following non-exhaustive list: mistakes, omissions, interruptions, deletion of files or emails, errors, viruses, delays in operation or any failures of performance whether or not resulting from natural acts, communication issues, theft, destruction or unauthorised access to our products, services and records.
We disclaim warranties of any kind in relation to the Website, either expressed or implied. No oral advice, written or electronically transmitted information given by us, our affiliates, directors, employees or contractors shall create any warranty under any circumstance.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
8. INDEMNIFICATION
You agree to fully indemnify The Knitter's Yarn, its officers, directors, employees, agents, distributors, vendors, affiliates, successors and assigns from and against any and all third party claims, demands, liabilities, costs or expenses resulting from your breach of any of these Terms of Service or the documents they incorporate by reference, or your violation of any law or any third party rights.
9. SURVIVAL
Even if one of more of these terms cannot be enforced, the rest of the terms will remain in force.
Each provision of the Terms of Use shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
10. TERMINATION
Any and all obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either party. You may terminate the Terms at any time by notifying us that you no longer wish to use our Services or when you cease to use our Website.
If, in our sole judgement, you fail or we suspect that you have failed, to comply with any term or provision of these Terms of Service we may also terminate this agreement at any time without notice and you will remain liable for any and all amount up to and including the date of termination. We may accordingly deny you access to our Services or any part thereof.
11. WAIVER
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
12. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed and construed in accordance with the law of England and Wales.
13. PROHIBITED USES
In addition to the prohibitions already set out in the Terms and for further clarification, you are prohibited from using this site or its content
- for any unlawful purpose
- to solicit others to perform or participate in any unlawful acts
- to violate any international, federal, provincial or state regulations, rules, laws or local ordinances
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others
- to harass, abuse, insult, harm, defame, slander, intimidate, disparage or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin,or disability
- to submit false or misleading information
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites or the Internet
- to collect or track the personal information of others
- to spam, phish, pharm, pretext, spider, crawl, or scrape
- for any obscene or immoral purpose
- to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet
Should you violate any of the prohibited uses we reserve the right to terminate your use of our Website.
14. DIGITAL PATTERNS
Once you have downloaded a digital pattern you cannot cancel the order or return it unless there is a fault or problem with the pattern.
Digital patterns are made available for you to 'purchase' from our Website in the form of an irrevocable, non-exclusive, non-transferable and non-sub-licensable licence which we will grant to you provided that you fulfil your duties under these Terms. You must not breach the terms of such license by copying, distributing, modigying, adapting or using the Digital Pattern in any way other than its intended purpose.
Notwithstanding the provisions in these Terms, once downloaded you shall not be able to cancel your order or 'return' a Digital Pattern except in the case of a fault or defect. By downloading the Digital Pattern you shall lose your consumer rights to cancel the order for such Digital Pattern/s.
If there is a fault with a Digital Pattern you must contact The Knitter's Yarn within 30 days of purchase at info@theknittersyarn.com It is your responsibility to download and check the Digital Pattern for faults within this period. We will not be able to issue a refund after this time under any circumstances.
15. PRICE
Our product prices include VAT but exclude delivery costs. The total order price will be displayed before you confirm your commitment to an order and make a payment.
We reserve the right by giving notice to you at any time before delivery to chance the price of the Goods to reflect any increase in the cost to us due to any factor beyond our control. In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery.
Prices on our Website are quoted in GBP.
16. PAYMENT
Payment can be made by any major credit or debit card or using PayPal. While we take all reasonable care and use SSL encryption technology, any Internet data transmission carries risks.
By placing an order you agree to the payment being charged to your credit/debit card account or other electronic payment as provided on the order form before the shipment of the Goods. When you pay by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer , registered credit reference agencies and fraud prevention agencies. By accepting these Terms you confirm that all details you provide to us for the purpose of purchasing the Goods are correct and that the payment card you are using is your own. Payment will be taken out of your account prior to delivery of the Goods.
We take all reasonable care, in so far as it is in our power to do so, to keep the detials of your order and payment secure, but in the absence of negligence or breach of statutory duty on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.
17. SHIPPING
We offer standard delivery via Royal Mail to most locations in the UK with the exception of Jersey and Guernsey, military addresses (BFPO) and Gibralter and any dates quoted for delivery are indicative only and we cannot guarantee delivery by the specified date. The place for delivery will be agreed between us during the check out process and may be an address other than the billing address. We also offer a Royal Mail International service with either a Standard or a Tracked & Signed For Option. The compensation amounts are up to £20 for Standard; and up to £50 for the Tracked & Signed For service. If you choose to take the Standard service we, The Knitter's Yarn, are not liable for non or late delivery once we have posted the package via Royal Mail.
Goods ordered for delivery outside of the UK may be subject to import duties and/or additional taxes or expenses. You will be responsible for the payment of any such duties and/or taxes in addition to our price including the applicable sales tax and the cost of delivery. We have no control over these costs and you will need to contact your local customs office for more information. Please also be aware that cross-border shipments are subject to opening and inspection and we will not be liable for any breach by you of any such laws.Time for delivery will not be of the essence of the Contract and we will not be liable for any loss or expenses sustained by you arising from any delay in the delivery of the Goods however caused.
You must inspect the Goods upon deliver and you should examine the Goods prior to signing for them.
18. COMMUNICATIONS
Our email communications will be considered to be notice in writing.
You accept that email and other electronic communications can be used as a means of communication and acknowledge that all contracts, notices, information and other communications we provide to you electronically comply with any legal requirement that such communications be in writing.
19. FORCE MAJEURE
Directors, affiliates,employees or contractors will not be liable in any way for any loss, damage, costs or expenses arising directly or indirectly from any failure or delay in performing any obligation under a Contract by reason of any event or circumstance outside our (or their) reasonable control, including but not limited to any strikes, industrial action, failure of power supplies or equipment, government action of Act of God.
If you have any concerns or comments related to our Website then please contact us
email: info@theknittersyarn.com
letter: The Knitter's Yarn, The Coach House, Dawcross Rise, Pannal HG3 1NU