Terms & Conditions – yourspar.com
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Terms & Conditions

Our Terms & Conditions

  1. Welcome to our website


1.1. The website https://yourspar.com including each store-specific website (hereafter “our website”) is operated by James Hall & Co Ltd, trading as G&E Murgatroyd, which is a company registered in England and Wales. Our company number is 01022295 and our registered office address is at Hoghton Chambers, Hoghton Street, Southport, Merseyside, PR9 0TB. Our registered VAT number is 350 0489 83. References to “us”, “our” or “we” in these terms means G&E Murgatroyd.


1.2. These are the terms and conditions under which you may use our website and on which we supply goods to you. By using our website and by ordering goods through our website, you are deemed to accept these terms and conditions. If you do not wish to accept the terms and conditions, then you may not use our website and should not place any orders for the supply of goods from us.


1.3. Our privacy policy,  cookie policy and COVID-19 policy, supplement these terms and conditions and by using our website you will be deemed to have read and accepted them.


1.4. We may revise these terms and conditions and our policies at any time by updating our website and any such changes will be effective immediately. Your continued use of our website after any change comes into effect indicates your agreement to be bound by the amended terms and conditions. If you have any queries regarding these terms and conditions, or any changes made to them, then please contact us at help@yourspar.com. 


1.5. Our website is directed to people residing in England and Wales. We do not represent that content available on or through our website is appropriate for use or available in other locations.


1.6. These terms and conditions do not affect your statutory rights.

  1. Your account


2.1. You must be over 18 years of age to place an order or register an account with us for the purposes of using our website to order goods for collection or delivery from one of our participating stores. You may be subject to an age verification check at any time if you try to order any age restricted goods (such as alcohol, tobacco products, medication, offensive weapons, high caffeine products, etc) as part of our “Think 25” policy.


2.2. When you place an order with us, you will be asked for information such as your name, age, address and telephone number. You will also be required to provide us with payment information when submitting your order. You must ensure that all personal data that you provide to us during your registration and ordering process is accurate and complete. Please let us know about any changes to your personal details by updating your account as soon as possible. We will use this information only in accordance with our privacy policy.


2.3. When you create an account with us, you will be asked to create a username and password to enable you to login and access your account in future. These details are personal to you and, for your own security, should not be shared with anyone else. You will be responsible for all activities that occur and orders that are placed from your account.


2.4. You do not have to create an account in order to use our website to order goods for collection at one of our participating stores, or to order goods for delivery. You may, if you wish, order goods for collection or delivery as a guest on our website.

 

2.5. If you create a personal account on our website, you will have the option to review your previous orders, to create a list of your favourite products and to update your marketing preferences.

  1. Placing your order


3.1. You may use our website to place an order for the collection or delivery of goods from one of our participating stores. When placing your order, you will be required to select your chosen store and the date and available time slot for your collection or your delivery. Collection and delivery time slots will be available at dedicated times during the opening hours of your selected participating store, at a minimum of 2 hours after you have placed your order, excluding public holidays.  The available date and time slots for collection or delivery of your order will be presented to you as options during the ordering process.


3.2. By placing an order through our website, you are making an offer to buy goods from us. A contract for that supply is only formed once we have accepted your order by sending you an email with your order number and confirmation of our acceptance. At any point up until then, we may decline to supply the goods to you.


3.3. Upon acceptance of your order, we will send you an email with details of your ordered goods, your chosen store, your collection or delivery time and date, and your order number. Please use this order number whenever you contact us about your order.


3.4. If you need to make changes to your selected date or time slot, then please contact us as soon as possible. We may be unable to make any amendments to your order if it has already been processed by us but we may be able to cancel it.


3.5. If we are unable to accept your order, we will inform you of this by email and you will not be charged for the goods you selected. We may be unable to accept all or any part of your order for reasons including items being out of stock, your payment being declined, there is an error in the price or description of the goods, the goods have been recalled, or because we are unable to meet your selected date or time slot.

  1. Our products


4.1. The product information contained on our website has been published in good faith and we will try to ensure that it is accurate. However, occasionally, it may be incorrect, incomplete or out of date due to human error or circumstances beyond our control. Where information is incorrect due to an error or circumstances beyond our control, we reserve the right not to accept your order for the affected goods, or if your order has already been accepted, not to supply the affected goods to you. We will notify you if this is the case and will not charge you for the goods.


4.2. We will try to show accurate stock levels of our goods on our website but sometimes we might be unable to fulfill your order because we have insufficient stock and in such cases we shall not be liable to you. You will not be charged for any items that we have been unable to supply.

 

4.3. We may, where we are able to, offer what we consider to be a similar product by way of substitution for any goods you have ordered that are not available (“substitutions”). You may, at your absolute discretion, either accept or reject any substitution. You will not be charged for any substitution that you reject and you will be reimbursed the cost of the original item not supplied. In the event that any accepted substitution costs more than the original item ordered, you will only be charged the same price as the original item. In the event that any accepted substitution costs less than the original item ordered, you will be reimbursed the difference in price. All refunds will be made in accordance with our returns and refunds policy.   

 

4.4. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the goods accurately, the goods and their packaging may vary from those images.


4.5. We will try to indicate, where available, the anticipated average shelf-life of perishable goods (that is, produce with a “use by” or “best before” date which expires within 21 days from the date of your order) but this is for illustrative purposes only and you should ensure that you check your goods at the point of collection or upon delivery and let us know immediately if you have any concerns about the goods that we have selected for you. Please see your rights to returns and refunds.


4.6. Certain items are prohibited from our collection and delivery services, including items available through the National Lottery, the Post Office, PayPoint and third party click and collect services.


4.7. Some goods are age restricted and you may be subject to an age verification check at any time if you try to order them (such as alcohol, tobacco products, medication, offensive weapons, high caffeine products, etc). Alcohol is only available from licensed stores and can only be purchased by customers aged 18 and over.


4.8. All information displayed on our website related to nutritional information about the products that we sell (including allergens, packaging, preparation, etc) is intended as a general guide only and we do not warrant and make no guarantees that products are suitable for any specific dietary need or are free from allergens. We will not be liable to you for any incorrect information displayed on our website. We recommend that you do not rely solely on this information and that you always double check product labels.

  1. Food to Go


5.1. At some of our participating stores we offer a Food to Go service, which is a range of fresh pre-made goods or goods made to your order. To place an order for collection or delivery of Food to Go goods, please carefully provide the relevant details as part of your ordering process and ensure that you have provided a telephone number so that we can contact you if we have any queries about your order.


5.2. Due to the nature of the products, Food to Go goods may be unavailable, in whole or in part, at any time and we shall have no liability for any such unavailability. We are unable to accept delivery orders for hot Food to Go goods through our website but we reserve the right to make this option available through our third party delivery partners.


5.3. We cannot accept any cancellations or amendments to orders made for Food to Go goods. However, if the Food to Go goods are defective or not as described (or requested by you in writing) then, provided you inform us on your collection/delivery date and retain the goods for our inspection, you will be entitled to a refund in accordance with our returns and refunds policy.

 

5.4. Any allergen, packaging and preparation information provided by us in relation to our Food to Go goods are intended as a general guide only and we do not warrant and make no guarantees that products are suitable for any specific dietary need or are free from allergens. All Food to Go goods are prepared in environments that also handle nuts, meats, dairy and gluten products. If you have any severe allergies and wish to discuss the preparation of our Food to Go goods with us, prior to placing your order, then please contact us.

  1. Price and payment


6.1. The prices of goods (which include VAT) that are displayed on our website are guide prices only. The actual price that you pay will be charged at the time that your order is selected by us from our stocks and your order is processed for payment.


6.2. Details about special offers or promotions are for information purposes only. All offers are subject to availability while stocks last and prices are correct at the time of publishing only. Special offers and promotions may vary from store to store and will only be attributed to your order, if applicable, at the time that your order payment is processed.  This means that some offers might change between the date you place your order and the date your order is confirmed and processed for payment, in which case you will be notified in advance and given the option to amend your order. Some special offers and promotions will be restricted to “in-store only” and others will be restricted to “online only” orders.


6.3. We require a minimum basket value of £15 to process your order.  There will be a charge of £3.50 for using our delivery service which will be added to your order at checkout. Our service charge is added to each order that we process and we cannot combine orders once we have processed them. Please therefore ensure that you make any changes to your order before you checkout and submit your payment.


6.4. Our services are run through Stripe. Payment can be made with Visa, Mastercard, American Express, Maestro, Apple Pay, Visa Debit and Visa Electron. We do not accept payment by Paypal, Amazon Pay or gift cards. Please ensure that the expiry date of your payment card is after the anticipated collection or delivery date of your order or we may be unable to accept your order.


6.5. Funds equivalent to the total value of your order will be ring-fenced by your payment provider pending confirmation of our acceptance of your order. Payment in full for all available and any substituted items is taken at the time that your order is accepted by us and you receive your confirmation email. You will be refunded for any rejected items, including rejected substitutions, in accordance with our returns and refunds policy.


6.6. If you think any payment that we have taken from you is wrong, then please contact us promptly to let us know. We will investigate your query and will do our best to rectify any problems as soon as we are reasonably able to do so.


6.7. We reserve the right to terminate our contract with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage. If this is the case, we will attempt to contact you by the details you gave us during the order process.

  1. Collection Orders


7.1. When it is time to collect your order, please bring your confirmation email with your order number and the credit or debit card that you used to pay for your order. We will not be able give you your goods unless you produce an appropriate form of personal identification.


7.2. Please note that your goods will only be available for collection at your selected store during your selected time slot. We will not be liable if you fail to collect your goods from your selected store during your selected time slot.


7.3. When you arrive at your selected store to collect your order, please head to the dedicated collection area and provide a member of our staff with your order number.


7.4. Alcohol is only available from licensed stores and can only be purchased by customers aged 18 and over. We follow a "Think 25" policy for the purchase of alcohol and other age restricted goods. Accordingly, when collecting age restricted goods, if the person collecting your order appears to be under the age of 25, we will request photo ID (such as a driving licence or passport) to prove that they are over the age of 18 and can lawfully purchase such goods.


7.5. You should check your order in full promptly on collection. If your order is incomplete or includes goods that you have not ordered, you must promptly notify a member of staff at your selected store. We will not charge you for any goods that you have not received or that you did not order, unless you wish to keep them.


7.6. If your collection time slot is delayed by us due to an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order, end the contract and receive a refund in accordance with our returns and refunds policy.

 

7.7. If you fail to collect your goods during your selected time slot, then we shall refund the value of your order in accordance with our returns and refunds policy.

 

7.8. The goods that you collect from us will be your responsibility from the time that you collect them.

  1. Delivery Orders

 

8.1. Delivery is available to addresses located within limited set proximities of some participating stores. You will be able to use the postcode validator on our website to check whether delivery to your chosen address is available before you place your order.  We reserve the right to cancel your order if, upon processing your order, it comes to our attention that your address does not fall within our delivery boundary.  We shall have no liability to you for any order cancelled on such basis, even if the postcode validator indicated that delivery was available.  If you believe that your address falls within our delivery boundary but the postcode validator indicates that it does not, then please contact us and we shall review your request.

 

8.2.    Delivery will be made to the address stated by you at the time that you place your order. If you need to change this address for any reason, then you may only do so 48 hours or more before your chosen delivery date and time.

 

8.3. We may, at our absolute discretion, either fulfill the delivery of your order ourselves, or utilise a third party delivery service provider. In either case these delivery terms will apply and your statutory rights are not affected.

 

8.4.    Our delivery drivers will deliver your order to the main entrance of the delivery address only. All goods must be signed for on delivery by an individual that is over 18 years of age and we may ask for evidence of your confirmation email and the payment method used in order to verify your identity.


8.5. Alcohol is only available from licensed stores and can only be purchased by customers aged 18 and over. We follow a "Think 25" policy for the purchase of alcohol and other age restricted goods. Accordingly, when age restricted goods are delivered, if the person accepting your order appears to be under the age of 25, our delivery driver will request photo ID (such as a driving licence or passport) to prove that they are over the age of 18 and can lawfully purchase such goods. If proof of age is not available at the time that delivery is being made, then our delivery driver will retain the goods.  You will be given a refund for the retained goods in accordance with our returns and refunds policy.

 

8.6. We will attempt to make delivery of your order on the date and within the time slot selected by you when you placed your order. If we are unable to deliver your goods within that time slot due to circumstances beyond our control, then we shall have no liability to you.

 

8.7. If we attempt to make delivery of your order within the time slot selected by you when you placed your order but there is no adult at the delivery address to accept the order, then our driver will retain the goods and you will be notified of the attempted delivery. You will need to contact us to rearrange delivery of your order. If we need to arrange a redelivery, a delivery charge may be applicable.

 

8.8. You should check your order in full promptly on receipt of delivery. If your order is incomplete or includes goods that you have not ordered, you must promptly notify our delivery driver or if you have been unable to do so then please contact us as soon as possible.

 

8.9. In the event that we have proposed any substitutions for parts of your order, you should notify our delivery driver of your acceptance or rejection of the substitute goods immediately at the time of delivery. You may either accept or reject any substitutions at your absolute discretion. We will not charge you for any goods that you have not received, for any rejected substitutions, or for goods that you did not order unless you wish to keep them.

 

8.10. You will be deemed to have accepted the goods and confirm that they are of suitable quality from the time that you accept delivery of them.

 

8.11. Bags may, at our discretion, be included with your order at no additional charge but some items may be delivered unpacked.

 

  1. Amendments and Cancellations


9.1. You can change any pending order up until you submit your order for payment. To make any changes, you must call us. Orders cannot be amended by email.


9.2. You can cancel your order at any time before your collection time and date and up to 12 hours before your delivery time and date, by calling us. Orders cannot be cancelled by email.


9.3. If you cancel your order, then we will process your refund in accordance with our returns and refunds policy.


9.4. We may cancel your order and end the contract between us for the supply of your goods at any time if you do not make any payment to us when it falls due. If we cancel your order for such reason, then we will have no obligation or liability to you.


9.5. If we are unable to supply the whole or any part of your order due to items being out of stock or for any other reason outside of our control, then we will treat your order, or part of it, as cancelled. Payment will only be taken for those items in your order that are in stock at the time that your order is accepted and processed by us.


9.6. We will supply goods that conform to your order and the legal contract that is formed between us when your order is accepted by us. However, each product is sold subject to its product description which can be found on the relevant page for that product.


9.7. If you think that any product you have received does not match its description, is not of satisfactory quality, does not meet any relevant guarantee we have made, or is otherwise faulty or defective, then in the first instance please contact us and we will try to assist you. We reserve the right to ask you to send us reasonable evidence of any product affected by such issues and we may provide you with a replacement product of the same type to rectify the issue.


9.8. Our product guarantees are provided in addition to your legal rights in relation to goods that are defective, faulty or not as described. For further information about your statutory rights, contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau).

  1. Returns and refunds


10.1. If you have changed your mind and no longer want a product then the quickest and easiest way to obtain a refund is to return the goods to a member of staff at the time you collect your order at the participating store that you are collecting from or to inform your delivery driver at the time the goods are delivered to you. In either case, your returned goods will be processed in-store and we will process your refund within 3-5 working days of approval.


10.2. If you change your mind about your order after the date of collection or delivery then, provided it is within 14 days of such date, please contact us to discuss your refund. We will process your request in accordance with our returns criteria and, if approved, you should receive your refund within 3-5 working days of approval.


10.3. If you wish to return any perishable goods, then you must notify us of your request as soon as possible and before the expiry of the "use by" or "best before" date stamped on the product. We are unable to accept returns for any perishable goods that are outside of their "use by" or "best before" date, unless the goods are defective or not as described.


10.4. Certain goods cannot be returned, unless they are defective, once you have collected your order and left the store or once delivery of the goods has been made, as applicable. These include: Chilled and Frozen Products; Food To Go; Baby Food and Milk; Gift Cards, Vouchers and e-top ups; Fireworks; Lottery Tickets and Scratch Cards; Tobacco, Cigarettes, Tobacco Products and Cigars; unsealed DVDs, CDs or Video Games; Unsealed Earrings or Hair Accessories; Unsealed Bedding; Items not in their original factory sealed condition; Hygiene Products, eg. toothbrushes.


10.5. You are under a legal obligation to take reasonable care of the goods to be returned whilst they are in your possession. If you fail to do so, we may have a right of action against you for compensation or to reduce the amount of any refund to you. Where possible, we ask that you please return the goods in their original packaging. Where this is not possible, please ensure that the goods are packaged securely to help ensure that they reach us safely and in good condition.


10.6. Where we give you a refund, we will send the sums due to you using the same method originally used by you to pay for your order.


10.7. We will refund the cost of the goods that you have returned but we reserve the right to charge our applicable delivery service charge.

  1. If there is a problem with the goods


11.1. If you have any questions or complaints about the goods that you have ordered from us, then please contact us.


11.2. If you wish to exercise your legal rights to reject any of the goods that you have ordered from us because they are defective, not fit for purpose, not of satisfactory quality, or not as described, then you must return them in person to the participating store that you ordered them from. Please contact us if you require any assistance.

  1. Our responsibility for loss or damage suffered by you


12.1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.


12.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, for breach of your legal rights in relation to the goods, and for defective goods under the Consumer Protection Act 1987.


12.3. We are not liable for business losses. We only supply the goods for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  1. Our participating stores


13.1. For a full and current list of stores that are participating in our collection or delivery services, and the additional services that might be available at those stores, please visit our page at: participating stores.

 

  1. Information on our website


14.1. The content on our website is for general information only and is not intended to amount to advice on which you should rely. We take no responsibility for any inaccuracies, omissions or errors on our website.


14.2. Details about special offers or promotions are for information purposes only. All offers are subject to availability while stocks last and prices are correct at the time of publishing only.


14.3. All information displayed on our website related to nutritional information about the goods that we sell (including allergens, packaging, preparation, etc) is intended as a general guide only and we make no guarantees that such goods are suitable for any specific dietary need. We recommend that you do not rely solely on this information and that you always double check product labels.

  1. Access to our website


15.1. Our website is made available free of charge. We do not guarantee that our website, any content on it, or our collection service will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business or operational reasons.


15.2. We cannot guarantee that our website or the service provided through it will be fault free. If a technical fault occurs, then please contact us and we will try to fix it as soon as we reasonably can.


15.3. If our website is temporarily unavailable for whatever reason and you need to make amendments to a pending order, then please contact us and we will do our best to assist you with either amending or cancelling your order.


15.4. We reserve the right to cancel or suspend your account and your access to our website at our reasonable discretion or if you breach any of these terms and conditions. Any such cancellation or suspension shall not affect your or our rights or liabilities.

  1. Links to other websites


16.1. We may include links on our website to other third party websites. We will not knowingly provide links to sites that contain illegal, offensive or misleading information.


16.2. We accept no responsibility or liability for any material or service contained on any website that is not under our control. The existence of links on our website does not represent any endorsement or other acceptance of responsibility or liability by us for any products or services provided or available on those linked websites.

  1. Intellectual property rights


17.1. We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. The content is protected by copyright laws and treaties around the world and all such rights are reserved.


17.2. You may print off a copy of these terms and conditions for your future reference but you must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.


17.3. If you breach these terms of use, then we reserve the right to terminate your permission to use our website and to require you, at our option, to return or destroy any copies of the materials that you have made.

  1. How we may use your personal information


18.1. We will use your personal information in accordance with our privacy policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.


18.2. If you would like us to remember your details for future orders and if you would like to receive marketing and promotional materials from us, then you have the option to opt-in to these services at the time that you create your account. You can also update your preferences related to receiving marketing materials by contacting us.


18.3. We will use the personal information that you provide to us and that we hold about you for the purposes of carrying out any of our obligations under a contract between you and us, to provide you with further information on selected goods and services that we (and any selected third parties) may offer, to notify you of any changes to the services and in order to comply with our legal and regulatory obligations.


18.4. We will collect information about you during your use of our website, including information you give us (for example the contact information you provide when you register with us) and information we collect about you (for example, your purchases, passwords for our website and your communication and marketing preferences). For more examples of information we will collect about you, please see our privacy policy and cookies policy.


18.5. Our services are run through a Shopify platform and payments are processed through Stripe. We may also utilise a third party delivery service provider to fulfil delivery orders. Your personal information may therefore be shared with these entities where strictly necessary to fulfil our order processing and delivery services. 

  1. Contact us


19.1. You can contact us by telephoning our customer service team or by writing to us or by writing to us by post and/or email. Our contact details can be found here.


19.2. If we have to contact you we will do so by telephone or by writing to you at the email address provided to us in your order.

  1. Other important terms


20.1. We may transfer our rights and obligations under these terms and conditions to another organisation.


20.2. By ordering goods through our website, you are entering a contract with us. The contract created is between you and us and no other person shall have any rights to enforce any of its terms.


20.3. If a court finds part of these terms and conditions illegal, the rest will continue in force. Each of the paragraphs of these terms and conditions operates separately and if any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.


20.4. Even if we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking the contract entered between us, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.


20.5. These terms and conditions and the contract entered between us are governed by English law and you can bring legal proceedings in respect of the goods you have ordered from us in the English courts.

 

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T&C’s apply – Shop online at www.yourspar.com and spend £40+ on Home Delivery or Click and Collect and get automatically entered into our monthly summer bundle prize giveaway. Prizes may vary. 18+ only. We reserve the right to cancel this at any point. Prizes are not transferable or exchangeable and cannot be redeemed for any other form or compensation or cash. 1 winner selected each month, 2 winners in total. Valid from 01/07/21 – 31/08/21. Prize bundle will be delivered to winner’s home address at an arranged convenient time and date.