1. Definitions and Interpretation
1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
2. “Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and
3. “We/Us/Our” means The Droitwich Hotel Ltd , a company registered in England under 08110479, whose registered address is Gloucester Road, Cirencester, Gloucestershire, GL7 2LE.
2. Information About Us
1. Our Site, www.strattonhousehotel.com, is owned and operated by The Droitwich Hotel Ltd , a limited company registered in England under 08110479 whose registered address is Gloucester Road, Cirencester, Gloucestershire, GL7 2LE.
3. Access to Our Site
1. Access to Our Site is free of charge.
2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.
4. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Intellectual Property Rights
1. All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
2. Subject to sub-Clause 4.3, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
3. You may:
1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
2. Download Our Site (or any part of it) for caching;
3. Print pages from Our Site;
4. Download extracts from pages on Our Site; and
5. Save pages from Our Site for later and/or offline viewing.
4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
5. You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
5. Links to Our Site
1. You may link to Our Site provided that:
1. You do so in a fair and legal manner;
2. You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
3. You do not use any logos or trademarks displayed on Our Site without Our express written permission; and
4. You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
2. You may link to any page of Our Site.
3. Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at firstname.lastname@example.org for further information.
4. You may not link to Our Site from any other site the main content of which contains material that:
1. is sexually explicit;
2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
3. promotes violence;
4. promotes or assists in any form of unlawful activity;
5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7. is calculated or is otherwise likely to deceive another person;
8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
10. implies any form of affiliation with Us where none exists;
11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
6. Links to Other Sites
1. Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
7. Terms of Sale
1. These terms of sale apply to all goods supplied by The Droitwich Hotel Ltd, registered in England no. 08110479, whose registered address is Gloucester Road, Cirencester, Gloucestershire, GL7 2LE("the Supplier").
2. No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and sends you written confirmation confirming your order to the address or email address you have given. Once the Supplier does so, there is a binding legal contract between us. Any goods on the same order which we have not confirmed or dispatched to you do not form part of that contract.
3. This Website is intended solely for sales direct to consumers. If you are not buying as a consumer then you must not make an offer to us from this Website and in any event you will not be entitled to any compensation for damages or consequential or indirect losses.
4. The description and price of the goods you order will be as shown on this Website at the time you place your order.
Sometimes the product specifications of goods may change, in which case the Supplier will reasonably offer you a substitute of the same or better quality at the same price. All sizes and measurements are approximate but the Supplier tries to make sure that they are as accurate as possible. On the rare occasion that there is an error, the Supplier will advise you about it as soon as possible.
The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible and refund or credit you for any sum that has been paid by you or debited from your credit card or other account for the goods. There may be restrictions in place from time to time in relation to the number and type of goods, which you may purchase in any one order, as well as a maximum sum of money which may be spent in any one order. Any such restrictions will be advised on this Website.
Every effort is made to ensure that prices shown on this Website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, the Supplier will refund or credit you for any sum that has been paid by you or debited from your credit card or other account for the goods.
In addition to the price, you will be required to pay a delivery charge for the goods, as shown in the section of this Website about delivery.
The price of the goods excludes delivery. Prices and delivery charges are inclusive of VAT.
5. Payment for the goods and delivery charges can be made by any method shown on the Website at the time you place your order.
6. The goods you order will be delivered to the address you give when you place your order.
If delivery cannot be made to your address, the Supplier will inform you as soon as possible and refund or credit you for any sum that has been paid by you or debited from your credit card or other account for delivery.
If there is no one at the address given who is competent to accept delivery of the goods, you will be notified of an alternative delivery date or a place to collect the goods or details of how to arrange an alternative delivery date.
Every effort will be made to deliver the goods as soon as possible after your order has been accepted and in any event within 30 days of your order. However, the Supplier will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. The Supplier will inform you of any delay as soon as possible.
You will become the owner of the goods you ordered and responsible for risk of loss of or damage to them once they have been delivered to you.
7. You have the right to cancel the contract at any time up to the end of seven working days after you receive the goods. A working day is any day other than weekends and bank or other public holidays.
To exercise your right of cancellation, you must give written notice to the Supplier by hand or post, fax or email, at the address, fax number or email address shown below, giving details of the goods ordered and (where appropriate) their delivery.
If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost (unless we delivered the goods in error or if the goods are damaged or defective when delivered). The goods must be returned to the address shown below. You must take all reasonable care to ensure the goods are not damaged in the meantime or in transit.
Once you have notified the Supplier that you are cancelling the contract, and provided the goods have been received in an acceptable condition, the Supplier will refund or credit you within 30 days for any sum that has been paid by you or debited from your credit card or other account for the goods.
8. All goods supplied by the Supplier are warranted free from defects for the prescribed time after opening (such time varies from product to product). This warranty does not affect your statutory rights as a consumer.
This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier's instructions.
If the goods supplied to you develop a defect while under warranty, or you have any other compliant about the goods, you should notify the Supplier in writing at the address, fax number or email address shown below.
9. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
10. These terms of sale and the supply of the goods shall be governed in accordance with the laws of England and Wales. Any dispute arising under these terms of sale and the supply of goods shall be subject to the exclusive jurisdiction of the English courts and the parties waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inappropriate forum.
11. We trust that you will be delighted with your order. However, if for any reason you are not completely satisfied we are happy to offer a refund, exchange or replacement on all goods returned to us within 14 days of your receipt of goods, provided you can show proof of purchase, the products are in their original, unopened and unused condition.
1. Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.
2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
9. Our Liability
1. To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
2. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
3. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
4. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
6. Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
10. Viruses, Malware and Security
1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
6. By breaching the provisions of sub-Clauses 10.3 to 10.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
11. Acceptable Usage Policy
1. You may only use Our Site in a manner that is lawful. Specifically:
1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
12. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms and Conditions.
1. Specifically, We may take one or more of the following actions:
1. suspend, whether temporarily or permanently, your right to access Our Site;
2. issue you with a written warning;
3. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
4. take further legal action against you as appropriate;
5. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
6. any other actions which We deem reasonably appropriate (and lawful).
2. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
13. Privacy and Cookies
14. Changes to these Terms and Conditions
1. We may alter these Terms and Conditions at any time. If We do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
2. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
15. Contacting Us
1. To contact Us, please email Us at email@example.com or using any of the other methods provided on Our 'Contact' page.
16. Communications from Us
1. If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
2. We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 20 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at firstname.lastname@example.org
17. Data Protection
1. Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.
2. We may use your personal information to:
1. Reply to any communications you send to Us;
2. Send you important notices, as detailed in Clause 16;
3. We will not pass on your personal information to any third parties.
18. Law and Jurisdiction
1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
2. If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
3. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.