Terms and Conditionss

Please find below our T&C’s for The Regional Food Group for Yorkshire and Humber, trading as deliciouslyorkshire (DY) for all bookings and purchases of membership, events, and the use of our website. For further information, please contact us. Payment Plans For Events and Terms & Conditions for Event To make it easier for members to budget for events we are now offering the option of paying via a payment plan for events that cost over £200 + VAT If you would like to pay for events this way just choose the payment option of £100 (+ VAT) deposit on the online booking form. This non refundable deposit will secure your booking for the show and then the following payments will be due: • 20% (+VAT) of the total cost – 3 Months before the show • 40% (+VAT) of the total cost – 2 Months before the show • 40% (+VAT) of the total cost less the deposit – 1 month before the show The remaining balances must be paid by the due date or your booking may be forfeit. ————————————————————————————————————————— Please read the following information carefully. The contents of the booking form and these terms and conditions shall govern the agreement between you and Deliciouslyorkshire. Deliciouslyorkshire is the trading name of The Regional Food Group For Yorkshire And Humber Limited, registered office: The Regional Agricultural Centre, The Great Yorkshire Showground, Harrogate, HG2 8NZ company no. 04241070, VAT no.GB806273047. This website is owned and operated by Deliciouslyorkshire. 1. Your Booking 1.1. Booking Form: Deliciouslyorkshire aims to maintain a high standard of presentation, safety and quality of goods for events at which Deliciouslyorkshire members are invited to exhibit under the Deliciouslyorkshire brand. Those wishing to exhibit at an event must: a) follow the instructions on our website, complete the booking form and click the button marked ‘I Accept’ at the end of the booking form; b) make payment by credit/debit card in advance. All monies owed will be charged at the time your booking is confirmed by Deliciouslyorkshire (see 1.2 below for more details). All prices are as stated on the booking form and are exclusive of VAT; c) be a member of Deliciouslyorkshire or eligible for membership; and d) nominate two contacts, at least one of whom will be in attendance at the event, and provide their contact details (phone number and email address) on the booking form. Completion of the booking form does not guarantee that your booking will go ahead as planned. Deliciouslyorkshire reserves the right to change booking details where reasonably required at its sole discretion. 1.2. Formation of Agreement After completing the booking form, you will receive an email from us acknowledging that your booking form has been received. This does not mean that your order has been accepted. Your booking form constitutes an offer to us to purchase an event pitch. All bookings are subject to acceptance by Deliciouslyorkshire. We will confirm such acceptance by sending you an email that confirms that your booking has been accepted (Confirmation E-mail). The agreement between us will only be formed when we send you the Confirmation E-mail. Some events will be run and managed by Deliciouslyorkshire and some events will be run and managed by third parties. Where an event is run by a third party, you may be required to comply with additional rules and regulations provided by that third party. Where that is the case, Deliciouslyorkshire will notify you of such rules and regulations in advance and they will be deemed to be incorporated into our agreement with you. You agree that regulation 9 of The Electronic Commerce (EC Directive) Regulations 2002 shall not apply to our agreement. 1.3. Pitch Allocation a) You must not alter the general layout of the event pitch without the express written consent of Deliciouslyorkshire. b) Deliciouslyorkshire reserves the right to charge separately for any additional costs applicable to the event pitch. The price of the event pitch does not include electricity or water supply. If you require electricity and/or water for your pitch this must be ordered on the booking form and be paid for in advance. If you do not pre-order electricity/water in advance it will not be provided at the event. c) You will be sent e-mail notification confirming details of the pitch allocated to you approximately 5 working days prior to the event. d) You must not swap pitches with other exhibitors without prior written permission from a member of Deliciouslyorkshire’s staff. 1.4. Your Event Pitch a) You must arrange for your exhibit to fill the allocated pitch in a professional manner. You must not encroach upon other pitches. b) Deliciouslyorkshire reserves the right to require you to alter your exhibit at its discretion. c) If any damage or issues with your pitch are identified prior to or during any event, you must inform a member of Deliciouslyorkshire’s staff immediately. d) Only an exhibit relating to the business named on the booking form shall be permitted at the event. e) You must supply your own stand fittings, including without limitation table(s), chair(s), chiller cabinet(s) and own business branding, as these will not be supplied by Deliciouslyorkshire. 2. Event Details a) If not already stated on the booking form, you will be sent by e-mail specific details for the event you have booked nearer the time, including set-up and removal times. b) You will be required to maintain at least one representative at your allocated pitch at all times during the applicable opening hours of the event. c) You must not remove or dismantle your exhibit prior to instruction from a member of the Deliciouslyorkshire team. d) Once instructed, your exhibit must be dismantled and removed after the event in a timely manner. e) You must not sublet or otherwise share your pitch without the express prior written consent of Deliciouslyorkshire. 2.1. Third Party Rules and Regulations a) You shall ensure full cooperation with Deliciouslyorkshire staff and any third party event staff (if applicable) before, during and after events. b) If you have any issues with an event, you must raise these immediately with Deliciouslyorkshire. Deliciouslyorkshire does not guarantee that it will be able to resolve any issue(s) raised by you. c) Failure to inform Deliciouslyorkshire of any issues with an event and/or failure to adhere to any third party’s rules and regulations notified to you shall entitle Deliciouslyorkshire to terminate its agreement with you under 2.2h). 2.2. Cancellation Policy a) If you have been allocated a pitch which you are subsequently unable to use you must notify Deliciouslyorkshire immediately to cancel your booking by sending an e-mail to team@deliciouslyorkshire.co.uk. b) Cancellations made within 14 working days of the event will incur full charges and Deliciouslyorkshire reserves the right to re-sell your pitch. If 2.2b) applies, no refund will be provided by Deliciouslyorkshire in any circumstances. c) Cancellations made 14 working days or more prior to the event will be entitled to a 50% refund but only if Deliciouslyorkshire is able to re-sell your pitch at its full value. If 2.2c) applies and Deliciouslyorkshire is not able to re-sell your pitch at its full value no refund will be provided to you. d) If an event run and managed solely by Deliciouslyorkshire is cancelled by Deliciouslyorkshire, you will be provided with a full refund which will be your sole and exclusive remedy. Deliciouslyorkshire reserves the right to cancel events at any time and for any reason. e) If an event run and managed by a third party is cancelled, a refund will only be available if such third party provides a refund to Deliciouslyorkshire. Any refund provided in these circumstances will be your sole and exclusive remedy. f) If any event is cancelled due a force majeure event (which includes without limitation fire, tempest, explosion, failure or neglect on the part of any utility supplying electricity, gas or water, labour strike, civil commotion, war, act or threatened act of terrorism or any other event beyond the control of Deliciouslyorkshire or a third party organiser (if applicable)), you will not be entitled to a refund. g) Save as provided in 2.2d) and 2.2e), Deliciouslyorkshire reserves the right to cancel or to alter the time and date of an event at its discretion without liability to you. h) If you breach any of these terms and conditions, Deliciouslyorkshire shall be entitled to terminate its agreement with you immediately and without liability. If termination occurs during an event, you will be required to take down your exhibit and leave the event immediately. If Deliciouslyorkshire terminates its agreement with you under 2.2h), whether before or during an event, no refund will be provided to you. Termination under 2.2h) shall not preclude Deliciouslyorkshire from pursuing or enforcing any other rights, remedies or causes of action available to it. 2.3 Liability a) Except as referred to in 2.3c) and subject to 2.3b), Deliciouslyorkshire’s total liability to you arising under or in connection with its agreement with you (whether in contract, tort or otherwise) shall be limited to an amount equal to the total fees payable by you under our agreement. b) Deliciouslyorkshire shall not in any circumstance (other than as stated in 2.3c)) be liable for any loss of profits, loss of revenue, loss of goodwill or for any indirect, incidental or consequential loss or damage. c) Nothing in our agreement shall exclude or limit Deliciouslyorkshire’s liability for death or personal injury resulting from negligence or in relation to any claim based on fraud, criminal act or for any other liability which cannot be excluded or limited under applicable law. 2.4. Indemnity You shall keep Deliciouslyorkshire fully indemnified against all losses arising directly or indirectly out of: (i) any act, omission or negligence caused by you or by any person(s) at the event expressly or impliedly acting with your authority, including without limitation any damage you may cause to the event space or at the event; and (ii) any breach or non-observance by you or by any person(s) at the event expressly or impliedly acting with your authority of these terms and conditions or any applicable laws and regulations. 2.5. Confidentiality a) Save as permitted under 2.5b), you undertake that you shall not at any time disclose to any person any Confidential Information supplied to you by Deliciouslyorkshire; “Confidential Information” shall include (without limitation) information, technical knowledge or know-how disclosed by Deliciouslyorkshire during workshops. b) You may disclose Deliciouslyorkshire’s Confidential Information: (i) to your employees, officers, representatives or advisers who need to know such information for the purposes of carrying out your obligations under these terms and conditions. You shall ensure that your employees, officers, representatives or advisers to whom you disclose Deliciouslyorkshire’s Confidential Information comply with obligations of confidentiality corresponding to those which bind you; (ii) as may be required by law, court order or any governmental or regulatory authority. c) You shall not use any of Deliciouslyorkshire’s Confidential Information for any purpose other than for your own internal business purposes. You may not use any of Deliciouslyorkshire’s Confidential Information to provide training to any third parties. 3. Access to the Event 3.1. Pre- and post-event period a) You shall erect your exhibit in the pitch allocated prior to the event in accordance with Deliciouslyorkshire’s instructions (if any). b) Children under 16 years of age are not permitted to be on-site during the setup or dismantling of your exhibit. c) You should not obstruct any roadways, gangways, entrances or exits whilst setting-up or dismantling your exhibit or at any time during the event. d) No pets are permitted at the event with the exception of guide dogs. e) You must follow the instructions of the Deliciouslyorkshire staff or third party event staff at all times. f) You must not bring any vehicle to your pitch before being granted authorisation from Deliciouslyorkshire staff (see also 3.2c)). 3.2. Specific event times and details a) Tickets will be sent to the address stated on your booking form approximately 5 working days before the event on the condition that full payment has been received. b) Each stand comes with a minimum of one ticket for the duration of the event. Unless otherwise stated on the booking form, no car passes will be provided to you (see 3.2c)). c) Car passes, caravan passes and camping passes need to be organised by you direct with the relevant event staff. 4. Health & Safety a) You must adhere to all applicable event guidelines for your own safety and the safety of others. b) You must have obtained Level 2 Food Safety and Hygiene accreditation prior to the event and provide Deliciouslyorkshire with proof of your accreditation at or prior to the event as requested by us. 4.1. Risk Assessments You undertake to comply with all applicable laws and regulations when exhibiting at an event, including without limitation all health and safety laws. If requested, you must complete a risk assessment of your stand and return it to the Deliciouslyorkshire office at least 48 hours prior to the event. If Deliciouslyorkshire determines that your assessment is inadequate, it reserves the right to ask you to complete it again or may terminate your booking. If Deliciouslyorkshire terminates your booking in these circumstances you will not be entitled to any refund and your failure to provide an adequate risk assessment shall be deemed to constitute a breach of these terms and conditions. 4.2. Insurance a) You must arrange your own adequate public liability insurance and submit a photocopy before the event to Deliciouslyorkshire. b) You must provide the original policy at the request of Deliciouslyorkshire. c) You must bring a copy of your insurance to the event. d) You must not do anything that could cause any insurance policy to become wholly or partly void or voidable, or do or omit anything by which additional insurance premiums may become payable. 4.3. Fire a) No lit candles or naked flames are permitted in the event pitch at any time. b) Fire exits are marked – you must follow the instructions of event staff in the case of a fire or emergency. 4.4. Access In order to prevent accidents, you must (amongst other things): a) ensure that no overcrowding occurs in or around your pitch; b) avoid standing on seats, furniture or any structure; c) be aware of any special requirements needed to ensure the safe evacuation of visitors and fellow exhibitors – follow instructions of event staff; d) not stack items in your exhibit high or precariously and be aware that the items placed on edges of exhibits may accidentally get knocked by visitors; e) not leave exposed nails or protruding items which could injure someone; f) arrange for any electrical items to be PAT tested prior to the event; g) hang any pictures, posters or products safely; h) dispose of any rubbish responsibly and in accordance with the instructions of event staff. 4.5. Security a) Deliciouslyorkshire does not accept responsibility for the security of stands, equipment, stock, cash and or any other property of exhibitors on site before, during or after the event. b) Deliciouslyorkshire recommends that you take necessary steps to ensure that your property and that of your fellow exhibitors are safe at all times and that you arrange suitable insurance for items. c) You must follow the advice and instructions of event staff and consult with any security staff should you have queries or concerns. 5. General 5.1. Behaviour a) The use of PA or music systems is forbidden, unless expressly permitted at the event. b) Shouting, heckling or annoying behaviour to promote the sale of goods is not permitted and verbal/physical abuse will not be tolerated. You must not cause any nuisance before, during or after the event and you must exercise high standards of professionalism during the event. c) Raffles and draws are not permitted at the event. d) Any exhibitor deemed by Deliciouslyorkshire staff to be demonstrating behaviour of an inappropriate or unprofessional manner will be deemed to be in breach of these terms and conditions. 5.2. Trading a) You must include as part of your stand a notice displaying your trading name and contact details which should not be obscured. b) Literature and business cards should be available on stands and/or receipts given to customers with contact details clearly indicated. c) All transactions made between you and customers during or resulting from the event are between you and your customers. Deliciouslyorkshire will not be held responsible for any trading issue arising from the conduct of your business. d) All trading (advertising, sales, literature etc.) must comply with Trading Standards Regulations and any other applicable laws and regulations. e) Where appropriate you should seek advice from your local authority or environmental health officer or consult with your legal advisor. 5.3. Facilities a) Advertising in the event catalogue (if any) may be arranged and paid for directly with the event staff. b) Unless stated on the booking form, no specific toilet facilities will be provided for your use at the event. If you require toilet passes you will need to organise these direct with the event staff. 5.4. Intellectual Property a) All intellectual property rights in Deliciouslyorkshire materials, including without limitation any Deliciouslyorkshire branded marketing materials or workshop materials, are the exclusive property of Deliciouslyorkshire or its licensors. Your use of Deliciouslyorkshire materials is subject to compliance with any instructions issued by us. Save as specifically authorised by us, no licence or any other rights are granted to you in respect of Deliciouslyorkshire’s materials or our intellectual property rights. b) You consent to Deliciouslyorkshire using your name and any of your branding for the purposes of marketing activities relating to the event. 5.5. No Assignment You may not assign, novate or transfer the benefit and/or the burden of your agreement with Deliciouslyorkshire without the prior written consent of Deliciouslyorkshire. 5.6. Severance If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected. 5.7. No Waiver The failure to exercise a right or remedy provided by these terms and conditions or by law does not constitute a waiver of other rights or remedies. 5.8. Revision Deliciouslyorkshire may revise these terms and conditions at any time. You are expected to check these terms and conditions from time to time to take notice of any changes we make as they are legally binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published on our website. 5.9. Applicable Law These terms and conditions will be subject to the laws of England and Wales and the English courts shall have jurisdiction to resolve any disputes between you and Deliciouslyorkshire. Terms and Conditions of Deliciouslyorkshire Membership By joining Deliciouslyorkshire (DY) as a member, you agree to abide by the following terms and conditions: 1. DY expects all members to maintain the highest standards of service and professionalism. 2. Members should maintain and operate their premises and/or business in accordance with all relevant statutory requirements. 3. All members MUST produce and/or make their products in Yorkshire using as many local ingredients as possible. 4 All members must have a business location within the Yorkshire and Humber region or operate within 10 miles of the region’s borders. 5. Where raw ingredients are not available within the county, a company may become a member if the food undergoes a manufacturing and/or cooking process within Yorkshire. 6. Payment by credit card / online will be subject to a surcharge. This surcharge will be advised to the member before payment is taken. 7. Members wishing to pay in instalments may have this facility granted to them, but should contact the office for terms and should note that this facility will incur a handling charge. 8. The minimum period of membership is 12 months. Membership is not transferable. 9. Membership is continuous for the minimum period. New members only have a fifteen day period in which to revoke membership and receive a full refund. 10. If within the membership period you choose to cancel your direct debit without contacting us to arrange payment by alternative means the remaining membership fee due must be made with immediate effect. 11. Upon cessation of membership no part of any subscription paid shall be repayable to the former member. 12. DY will notify two months prior that renewal will be falling due; membership will then be invoiced 30 days prior to the membership renewal date unless notification has been received in writing to terminate 30 days prior to renewal commencing. All terms and conditions of DY membership will apply. 13. Subscription payments not received within one month of becoming due will result in the membership being considered lapsed and all services may be suspended pending payment. However, membership charges will continue to accrue, together with interest at 2% above base rate until resignation is received in writing, subject to (9) above. 14. Membership fees are revised annually and will be notified to members in writing. 15. We value your membership, however DY reserves the right to terminate the membership of any member that: Fails to pay their subscription or fee to DY within one month of it becoming due; ceases trading or is dissolved; is deemed likely to bring DY into disrepute; fails to provide an adequate standard of service or goods or fails to provide an adequate standard of accommodation, thereby generating complaints that are to the detriment of DY’s reputation. If you are a paid up member we will write to you at your last known address and give you one month’s notice of any intention to cancel. 16. DY is not obliged to accept any application for membership or give any reason for refusal. 17. Members are provided with the services laid out by DY in the description of membership benefits. Members may be charged a fee for such services and be subject to additional terms and conditions. DY reserves the right to refuse or remove such services without assigning any reason. 18. Only current DY membership logos, stickers and branded materials should be displayed. If membership lapses, logos, stickers and branded materials must be removed from display. 19. Terms and conditions of membership, in addition to those contained in the Articles of Association, may be revised from time to time and will be notified to members in writing. 20. Company details, as provided by you, are held on computer, and are published in printed lists and via the Internet. 21. Members are expected to complete all surveys sent by DY to their best ability to ensure on-going improvements to membership meet the requirements of its members. 22. The development of the deliciouslyorkshire delivery service depends on the product catalogue of members food and drink products for supply. It is an opt-in service for all members. All product data will be published and only used as part of the DY delivery service. Terms and Conditions of Sale This refers to any item purchased from deliciouslyorkshire online or offline. In these Conditions references to any statute or statutory provision shall, unless these Conditions otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced. The headings will not affect the construction of these Conditions. For the purposes of these Conditions and any Contract, DELICIOUSLYORKSHIRE is entitled to treat as conclusive any representation from a person who is or appears to be an employee, representative or agent of the Purchaser who in the DELICIOUSLYORKSHIRE’s reasonable opinion appears to have the requisite authority. 1. PRICE: All prices are quoted for immediate acceptance and the quotation is subject to acceptance within 30 days of the date thereon. DELICIOUSLYORKSHIRE reserves the right to refuse acceptance for any order based on this quotation within 30 working days after receipt of any such order. 2. PRICE VARIATION: DELICIOUSLYORKSHIRE reserves the right to change any quoted prices at any time without prior notification. 3. WARRANTY: a. No warranty is given or shall be implied that work done or goods supplied are suitable for the organisation’s purpose nor shall DELICIOUSLYORKSHIRE be liable for damage resulting from unsuitability for any purpose nor for any loss resulting from third-party claims occasioned by error or negligence in carrying out work or by delay in delivery. b. No warranty is given by DELICIOUSLYORKSHIRE or responsibility accepted by them to ensure that goods produced complies with the requirements of any legislation relating to the making and/or labelling and/or packaging of goods. Compliance with the requirements of all legislation shall be the sole responsibility of the Purchaser. 4. FORCE MAJEURE: Every effort will be made to deliver any goods based on our terms and conditions, but the due performance or end state of it is subject to variation of cancellation owing to the Act of God, War, Strikes, Lock-outs, Fire, Drought, or any other cause beyond control or owing to the inability to procure materials or articles (except at increased price) due to any of the foregoing causes. 5. CLAIMS: All claims must be made in writing within 14 days of receipt of goods beyond which period no claim can be allowed. 6. ACCEPTANCE: The placing of this order denotes full acceptance of the terms and conditions as stated hereon and implied. 7. VAT: All prices quoted are exclusive of VAT which will be added where appropriate at the rate prevailing at date of invoicing. 8. ORIGINAL WORK: All Concepts, Designs, Illustrations, Text, Presentations, Proposals, Samples, Mock Up, Dummies, Visuals and associated materials produced in fulfilment of this agreement will remain the exclusive property of DELICIOUSLYORKSHIRE. Acceptance of this agreement by the Purchaser will be acknowledgement of DELICIOUSLYORKSHIRE as copyright owners. Variations to this condition will be subject to a separate contract with DELICIOUSLYORKSHIRE. 9. LIMITATION OF LIABILITY: a. All warranties, conditions and other terms implied by statute or common law(except for the conditions implied by Section 12 of the Sale of Goods Act 1979 but subject always to the provisions of clause 12.2) are, to the fullest extent permitted by law, excluded from the Contract. b. Nothing in these Conditions exclude or limit the liability of DELICIOUSLYORKSHIRE for fraudulent misrepresentation or for any death or personal injury caused by DELICIOUSLYORKSHIRE’s negligence or any statutory rights which are not permitted to be excluded by law. c. THE PRICES CHARGED FOR THE GOODS ARE BASED STRICTLY ON THE UNDERSTANDING OF ACCEPTANCE BY THE ORGANISATION OF THE PROVISIONS IN THE CONTRACT FOR THE LIMITATION OF DELICIOUSLYORKSHIRE’S LIABILITY. SHOULD THE ORGANISATION REQUIRE DELICIOUSLYORKSHIRE TO ACCEPT ADDITIONAL LIABILITY THIS MAY BE DISCUSSED BETWEEN THE PARTIES AND THE PRICE INCREASED ACCORDINGLY. d. DELICIOUSLYORKSHIRE does not accept contingent liabilities beyond the creation of the intrinsic value of replacement of Goods or services. In the circumstances set out in Clauses above, DELICIOUSLYORKSHIRE shall have no further liability to the Purchaser whatsoever under the Contract. 10. DATA PROTECTION AND PRIVACY AND SECURITY POLICY: a. DELICIOUSLYORKSHIRE will take all reasonable precautions to keep the details of orders and payments secure. DELICIOUSLYORKSHIRE will adhere to the principles of the Data Protection Act to uphold its privacy and protect the personal data provided by the Purchaser. b. The Purchaser accepts and acknowledges that it has read DELICIOUSLYORKSHIRE’s Privacy and Security Policy, which shall apply to all dealings between DELICIOUSLYORKSHIRE and the Purchaser. 11. RETURNS POLICY. If you are not completely satisfied with your purchase, simply return the item to us in its original condition within 14 days of receipt. a. Returned items should be unused and must be returned in original packaging with any enclosed documentation. We will issue a full refund on receipt, excluding the original delivery charge. Alternatively, if preferred, we will exchange the item. b. Please note:
  1. Goods will only be accepted for return if they are dispatched within 14 days of delivery, unless we have notified you otherwise.
  2. The item is your responsibility until it reaches us. Therefore for your own protection we recommend that you send the parcel using a delivery service that insures you for the value of the goods.
  3. The cost of returning the item to us is your responsibility.
  4. Delivery charges are only refundable where goods are faulty and a refund is made.