By submitting an order on the Xclusive Treats Web Site, you are deemed to have accepted the terms and conditions laid out here. These terms and conditions and the contract of which they form part shall be governed by English law
1. Definitions and Interpretation
(i) “Experience” means the experience or experiences to be provided by the Operator specified in the Voucher;
(ii) “Goods” means tangible goods advertised on the Web Site;
(iii) "Operator" is the third-party supplier of the Product;
(iv) “Products” means collectively Goods, Voucher Packs and/or the Vouchers contained therein and “Product” Shall mean any one of them;
(v) ‘The Web Site’ means the web site operated by Xclusive Treats having the world wide web address ‘www.xclusivetreats.co.uk’;
(vi) “the Company” “we” “us” or “our” (and derivatives) means Xclusive Promotions Limited (incorporated in England and Wales as a limited liability company under the Companies Act 1985 with registered number 06324401;
(vii) "Voucher" means the voucher issued by the Company, which entitles you or the recipient to the experience detailed therein;
(viii) “Voucher Pack” means the pack which includes the Voucher and all the necessary details for the chosen Experience;
(ix) “you” or “your”(and derivatives) means the person placing an order on the Web Site;
2 The Contract
2.1 We are agents for selected Operators, whose products and services are represented within the Web Site. By purchasing a Product from us, you contract directly with the Operator and accept that the terms and conditions of the Operator shall apply.
2.2 The advertisement of the Products on the Web Site shall not be construed as an offer capable of acceptance by you. Any order placed by you shall be binding upon us only once accepted by us when we confirm that your order has been accepted by sending an email to you at the email address you provide in your order form
3 Price
3.1 The prices payable for Products that you order are as set out in our Web Site and are inclusive of VAT and insurance.
3.2 The price stated in the Web Site or otherwise communicated is correct at the time communicated but we reserve the right to change prices without notice subject to us informing you of the new price at the time of ordering.
3.3 We must receive payment of the whole of the price for the Products that you order before your order can be accepted. No Products shall be issued or dispatched unless the full price has been paid. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form.
3.4 You will be required to pay extra for delivery and it might not be possible for the Operator to deliver to some locations. Our delivery charges are set out in our Web Site
4 Booking
4.1 All our Voucher Packs contain a Voucher which is evidence of a payment for a given Experience. Except as specified herein payment is non-refundable. Each Voucher will show a voucher reference and a security code, which must be quoted when dealing with the Company and Operators and will be used to identify your payment and/or entitlement to the Experience. Vouchers and the associated references must be kept safely and securely. We cannot accept any responsibility for any loss you may incur as a result of voucher theft, impersonation or identity fraud.
4.2 The Voucher issue date will be printed on the documentation contained in the Voucher Pack and will be valid for the period specified in the Operators terms and conditions for that experience. You must book your participation date with the Operator in the manner specified in the Operators terms and conditions or the voucher will cease to be valid. Once a specific date has been booked, you will automatically become bound by the terms and conditions that individual Operator may have.
4.3 Please do not arrive at a venue expecting to redeem your Voucher without first obtaining a booking confirmation letter or number from the Operator. We will not be held liable for your costs incurred if you do not follow the procedure set out in these terms and conditions and in your Voucher Pack.
4.4 Vouchers are non-transferable. They are only valid for the named recipient, given at the time of your order
5 Right For You To Cancel
5.1 To cancel your order you must notify:
5.1.1 us at our contact address at Customer Services, Xclusive Treats Limited, Suite 3, Richmond House,. Old Brewery Court, Jesmond, Newcastle upon Tyne, NE2 1XG;
5.1.2 the Operator at the address specified in the invoice;
in writing or by email within the timescales specified in this section.
5.2 Voucher Cancellations
5.2.1 We are happy to make refunds on Vouchers bought from us within 5 working days of the date of purchase, provided no booking has been made with the Operator in respect of the Voucher. When dates are already booked in respect of the Experience, refunds are subject to our policy in respect of refunds and cancellations in respect of booked Experiences detailed in section 6.
5.2.2 If no booking has been made with the Operator in respect of an Experience, and upon our receipt of the original Voucher and an administration fee of £20.00 or 20% of the price paid for the Product, whichever is the greater, you or the recipient of the Voucher may exchange the Voucher for another Voucher for any other activity to the same value, or if the activity is of a higher value then the difference must be paid. If the activity is of a lower value, the balance will be held in credit for you to use against any future purchases valid until the voucher expiry. Please note that where a credit balance is held we will not refund any money
5.2.3 If you have received the Voucher Pack before you cancel your order then you must send the Voucher Pack back to our contact address at your own cost and risk. If you cancel your order but we have already processed the Voucher Pack for delivery you must not open the Voucher Pack when it is received by you and you must send it back to us at our contact address suitably packaged at your own cost and risk as soon as possible. Your refund will only be given once we receive the Voucher Pack
5.3 Goods Cancellations
5.3.1 Goods orders may be cancelled at any time within the times specified in the Operators terms and conditions. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
5.3.2 If you have received the Goods before you cancel your contract then you must send the Goods back to the Operator at the address specified in the invoice at your own cost and risk. If you cancel your order but we have already processed the Goods for delivery you must not unpack or open the Goods when it is received by you and you must send it back to the Operator at the address specified in the invoice at your own cost and risk as soon as possible
5.3.3 You lose the right to cancel a Goods order if:
(a) you had the goods made to your specifications or personalised; or
(b) the goods are perishable (such as flowers or fresh foods);or
(c) the goods by their nature cannot be returned; or
(d) you have opened sealed audio or video recordings, or computer software.
5.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of our receipt PROVIDED THAT the Product in question are returned by you and received by either us or the Operator (as applicable) in the condition they were in when delivered to you.
5.5 If you do not return the Product delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Product from the amount to be re-credited to you.
5.6 Refunds are always made to the person who purchased the Product, and if originally purchased by credit or debit card, the refund will be credited to the same card.
6 Cancellation By Us
6.1 We reserve the right to cancel your order if
6.1.1 the Operator ceases to provide the Experience or the Experience ceases to be available for any other reason beyond our control;
6.1.2 the Operator has insufficient stock to deliver the Goods you have ordered;
6.1.3 the Operator does not deliver to your area; or
6.1.4 One or more of the Products you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
6.2 If we do cancel your order we will notify you by e-mail and will do everything we can to offer you an alternative Product. If this is not possible, we re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
7 Refunds and Cancellations In Respect of Experience Bookings
7.1 Once you book a specific date with an Operator you are bound by their terms and conditions regarding cancellations. Once a date is confirmed with an Operator it is not always possible to change this date unless the Operator deems this possible. Where a date cannot be altered by a Operator it will not be possible to issue a refund.
7.2 In the unlikely event that one of our Operators needs to cancel the Experience after you have booked a date, they should contact you. We strongly recommend however, that you contact the Operator on the day before you depart for your experience. In the event of cancellation. We regret that, in these circumstances, we are unable to reimburse travel, accommodation or any other expenses you may incur in relation to the cancelled Experience.
8 Experience Description and Conditions
8.1 The information provided on our Web Site and our Voucher Packs about each Experience is correct at the time communicated. However, the content or format of experiences may change slightly during the year. The most up to date details of each Experience are available by calling our Customer Services on 0845 053 3110.
8.2 The statements, representations images and illustrations used on our Web Site, our advertising materials, Voucher Pack or otherwise to illustrate Products and Experiences, (particularly those that take place at more than one location) are used as an indication only. The vehicles, craft, machines, animals and settings at each venue do vary. Whilst every effort is made to ensure the descriptions and pictures contained within the Web Site and on Voucher Packs are a true reflection of the events or Products, these do not form part of a contract. We reserve the right to alter any statements, representations and illustrations, or activity or any part of the activity at our own discretion
8.3 Experiences are dependent on the weather and the Operator will advise you if you need to call to check the weather before setting out. If your experience is cancelled due to the weather you will be able to re-book with the Operator, but your re-booked experience remains subject to weather conditions
8.4 Details of an Experience duration given on the Web Site and Voucher Pack are to be used as a guide only. Most events will be ‘open’ days, meaning that other members of the public will be taking part too. This could mean taking your turn with other members of the public. The information on our Web Site and Voucher Pack is meant as an indication of what to expect at your session. As we feature multi-location experiences, session lengths, agendas, vehicles used and numbers of participants may vary from location to location. Delays, curtailments and breakdowns are not within our control and therefore we cannot be held liable.
8.5 Details of an Experience venue given on the Web Site and Voucher Pack are to be used as a guide only. Occasionally we may need to withdraw venues featured here for reasons beyond our control. If your preferred location is withdrawn, you will be offered alternative venues wherever possible, but please note this is likely to be at a different location or with a different supplier. Where locations are stated as ‘UK wide’, locations may be limited in some areas. Each venue has its own terms and conditions (available upon request) and your participation is conditional on your acceptance of these.
8.6 Many of the Vouchers offered have some type of restriction applied to them. These restrictions are not decided by us but by the individual Operator. These restrictions could include age, health, physical and size restrictions. Please read all the information provided for each Experience, it is your responsibility to ensure that you purchase a gift voucher appropriate for the intended recipient and it is the responsibility of the recipient to double check that the restrictions are not prohibitive. We are not responsible for any unsuitable Vouchers being purchased and these restrictions being breached. If you are unsure of the suitability of a particular event please email us on info@xclusivetreats.co.uk with your query and we will advise you accordingly.
8.7 Some Experiences require a valid driving licence. You or the recipient of the Voucher must prove possession of a licence and produce it when it is required as required by Operator's terms and conditions. A failure to prove possession of a licence and produce it when it is required as required will prevent you or the recipient from undertaking the activity and in such circumstances we are under no duty to provide an alternative activity or a refund.
8.8 The undertaking of Experiences may involve some personal risk. With some Experiences you may be required to sign a disclaimer on the day. Please read these documents carefully. Some personal insurance policies may not cover some of our Experiences. Please check with the Operator and, if appropriate, the provider of your insurance policy, well in advance of your day.
8.9 You and any recipient of a Voucher are responsible for your own belongings and for any equipment or other items used by or made available to them in connection with any Experience. We do not accept any responsibility whatever for any loss of or damage to such items
9 Liability
9.1 Although we have sought to select highly experienced Operators for our Experiences, we cannot accept any responsibility for the safety standards or the quality or delivery of the Experience, or any loss or damage suffered by you whilst participating in the Experience for which the Operator shall be solely responsible.
9.2 By purchasing or redeeming a Voucher, you acknowledge that the Experiences are dependent on certain factors beyond our control and agree that neither us nor any associated Operator shall be liable for the cancellation, postponement or alteration of any experience for reasons beyond its reasonable control including for weather-related reasons, mechanical failure, location changes or otherwise.
9.3 We do not undertake any inspection of Goods or any technical examination of equipment, facilities or services in respect of Experiences in order to minimise personal risk.
9.4 If the Product delivered is not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, the Operator shall have no liability to you unless you notify both us and the Operator in the manner specified in clause 5.1 within 10 working days of the delivery of the Product in question. We cannot accept any responsibility for the damaged or defective Goods, or any loss or damage suffered by you in connection to them for which the Operator shall be solely responsible.
9.5 If you do not receive the Product ordered by you within 30 days of the date on which you ordered them, the Operator shall have no liability to you unless you notify both us and the Operator in the manner specified in clause 5.1 within 40 days of the date on which you ordered the Product. If you notify a problem to the Operator under this condition, the Operators only obligation will be, at your option:
9.5.1 to make good any shortage or non-delivery;
9.5.2 to replace or repair any Product that is damaged or defective; or
9.5.3 to refund to you the amount paid by you for the Product in question in whatever way they may choose.
We cannot accept any responsibility for delivery of the Product unless such non delivery arises as a result of our negligence in which case, our only obligation shall be to refund to you the amount paid by you for the Product in question in whatever way we may choose.
9.6 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under these Terms and Conditions and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Product in question under clause 9.5.3 above.
9.7 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from our site. The importation or exportation of certain of our Goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods purchased.
9.8 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local laws or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
10 Delivery
10.1 We will deliver the Voucher Packs ordered by you to the address you give us for delivery at the time you make your order.
10.2 We will notify the relevant Operator of any Goods ordered by you and the operator will deliver the Goods ordered by you to the address you give us for delivery at the time you make your order.
10.3 Delivery will be made as soon as possible after your order is accepted.
10.4 You will become the owner of the Product you have ordered when they have been delivered to you. Once the Product has been delivered to you it will be held at your own risk and we will not be liable for their loss or destruction.
11 Insurance
For certain instances, the Operator will provide insurance for the experience
12 Complaints
The easiest way to resolve any problems that you may experience is to speak to the Operator on the day. They will ensure that any issues are rectified. If you are still not satisfied please send in details of your complaint (including your voucher reference number and who you spoke to on the day) to: Customer Services, Xclusive Treats Limited, Suite 3, Richmond House, Old Brewery Court, Jesmond, Newcastle upon Tyne, NE2 1XG. Please remember that the Operator will have the opportunity to respond as well. Similarly, we would like to hear any positive feedback. Email us on admin@xclusivetreats.co.uk
13 Notices
13.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent either admin@xclusivetreats.co.uk or to our contact address at Suite 3, Richmond House,. Old Brewery Court, Jesmond, Newcastle upon Tyne, NE2 1XG and all notices from us to you will be displayed on our website from to time. If the notice is sent by first class post it shall be deemed received the second day after posting. If the notice it is sent by email, it shall be deemed received the first working day following sending.
13.2 You must prove that the notice was correctly sent. To prove service it is sufficient to prove that the notice:
(a) if sent by post, that the envelope containing the notice was properly addressed and posted.
(b) If sent by email, that the email was sent by email to admin@xclusivetreats.co.uk
14 Events Beyond Our Control
We shall have no liability to you for any failure to deliver a Product you have ordered or any delay in doing so or for any damage or defect to the Product delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
15 Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
16 Privacy
All details supplied to us in connection to your order will be safeguarded both by our privacy policy and also by the 1998 Data Protection Act
17 Third Party Rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
18 Governing Law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
19 Changes to these Terms
We reserve the right at any time without notice to revise these conditions. Any changes to these conditions will be notified to you in a manner determined by us and be posted on our site and by continuing to use our site following any such notifications you will signify that you agree to be bound by the revised terms and conditions of use.
20 Entire Agreement
These terms and conditions, together with our current web site prices, Voucher Packs, delivery details, contact details, terms of acceptable use and privacy policy, set out the whole of our agreement relating to the supply of the Product to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Product offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
Using the Website - General Terms and Conditions
By using the services of www.xclusivetreats.co.uk (“Xclusive Treats”), you (“the User”) are deemed to have accepted the terms and conditions laid out here. These terms and conditions and the contract of which they form part shall be governed by English law
1. Responsibility of the User
Users are expected to treat our services and other users contactable through in a sensible, responsible and honest manner. Misuse of our services may result in users being struck off our customer database.
2 Operation of the Web Site
2.1 Xclusive Treats shall
2.1.2 Reserve the right to take operational decisions affecting the web site
(i) Take the web site off line without notice for essential maintenance, technical reasons or upgrades.
(ii) Vary the technical specifications of the web site (or any part of it) for operational reasons
(iii) Remove any or all of the information which Xclusive Treats reasonably believe is impairing the operation of the web site
(iv) Remove or amend any of all of the information which Xclusive Treats reasonably believe is unlawful or has been placed on the web site in breach of agreement
2.1.3 Use all reasonable endeavours to ensure the continued confidentiality of its account identification of its account identification details, passwords, security encryption devices and other confidential information relating to the web site or the customer
2.1.4 Keep confidential and take all reasonable steps to ensure the continued confidentiality of the dealings conducted by the web site.
2.1.5 Use all reasonable endeavours to ensure that the web site shall remain secure and that information not generally available to a third party accessing the web site shall remain confidential
2.1.6 Comply with all of the applicable provisions of the Data Protection Act 1998
4 Liability
4.1 Xclusive Treats shall provide the web site ‘as is’ and ‘as available’. It is agreed that it is technically impossible to guarantee that the web site will be uninterrupted, free from errors or that the web site will be free from unauthorised users or ‘hackers’. For the avoidance of doubt, we provide no warranty that the services will be uninterrupted
4.2 Except as expressly set out in these conditions, Xclusive Treats makes no warranties or representations either express or implied in relation to the whole or part of the Web Site, including (but not limited to) implied terms, warranties or conditions of title, usability, condition, non-infringement of intellectual property rights, completeness, accuracy, satisfactory quality or fitness for a particular purpose thereof or that the Web Site will be uninterrupted or error free, that it will meet any particular criteria of performance or quality. All such warranties, terms and undertakings (whether express or implied, statutory or otherwise) in respect of the availability and operation of the Web Site are hereby expressly excluded
4.3 We do not accept any liability in connection with the operation of any external website or resource which you many access when using the Web Site. Your rights and obligations in relation to the operation of the relevant resource or website shall be governed by the terms and conditions of the relevant data provider
4.4 Nothing in these terms and conditions shall exclude:-
(i) Xclusive Treats’ liability for death or personal injury arising from Xclusive Treats’ negligence or that of its servants, agents or employees; or
(ii) any other liability which it is prohibited from excluding by law.
5 Indemnity
You agree to indemnify and hold Xclusive Treats and (as applicable) its, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms and conditions (including any documents incorporated by reference), or your violation of any law or the rights of a third party
5 Changes to these Conditions
We reserve the right at any time without notice to revise these conditions. Any changes to these conditions will be notified to you in a manner determined by us and be posted on our site and by continuing to use our site following any such notifications you will signify that you agree to be bound by the revised terms and conditions of use.
6 Copyright
6.1 You can print hard copies of any material on the website(s) for your own personal use. Any material on the website(s) is not to be used for commercial use. All other forms of copying are prohibited
6.2 All content published by Xclusive Treats such as images, news items, property decisions and all other content are copyright of Xclusive Treats. This information cannot be reproduced in any other advertisement or marketing, unless Xclusive Treats has granted written consent.
6.3 Any and all intellectual property rights created, developed or arising directly or indirectly out of the performance of the Service including without limit those created as a result of any amendment or upgrade to Xclusive Treats or subsidising in any materials provided by us in the performance of the Services shall vest in us and remain at all times our property
7 Privacy Policy
All details supplied to Xclusive Treats as a registered user will be safeguarded both by our privacy policy and also by the 1998 Data Protection Act
Gift Voucher Terms and Conditions
Xclusive Promotions Limited (“Xclusive”) Gift Vouchers supplied by this website are in £ sterling which can be redeemed on www.xclusivetreats.co.uk (“the Web Site”). Gift Vouchers can be used as full or part payment on goods and services on the Web Site. Purchases made on the website with gift vouchers are not refundable in cash.
Gift Vouchers should be treated like cash. They cannot be replaced if lost or stolen.
Xclusive Vouchers valid for 1 year from the date of issue.
Gift Vouchers ordered through the Web Site will be sent to the delivery address stated on each individual order. Deliveries will be made using Royal Mail services. All other orders will be sent by either Recorded Delivery or Special Delivery and will require a signature on arrival.
Gift vouchers will normally be dispatched within five working days unless a specified later delivery date is requested. Where possible we will try to meet all delivery requirements but Xclusive shall not be liable for any loss incurred either directly or indirectly by failure to meet the delivery date and time indicated at the time of order being placed. ‘Loss’ in this instance includes loss of profit, costs, damages, charges or other expenses.
Risk will pass to the customer upon delivery and title will pass upon receipt of payments in full. Xclusive has no liability for lost, stolen or damaged vouchers once responsibility of ownership has passed to the customer at time of delivery.
Gift Voucher quantities should be checked immediately upon receipt. Any discrepancies must be notified immediately. Xclusive cannot be held responsible for shortage or loss of any vouchers not notified to us within three days of non-delivery.
Cleared payment is required prior to the dispatch of orders. Payment is taken automatically at the time of purchase. We reserve the right to decline any order without providing explanation.
Xclusive monetary vouchers cannot be exchanged for cash.
Force Majeure; Xclusive cannot be held responsible for failure to meet its service obligations when any failure is brought about due to some cause totally beyond its reasonable control. Examples of this might include: acts of God, trade disputes, governmental intervention, fire, flood and disruption to computer and IT infrastructure.
Breach of these conditions will entitle Xclusive to seek the appropriate legal remedy available for injunction, damages or otherwise.
If a Gift Voucher is only partially redeemed on the Web Site, the unused balance of any Gift Vouchers will be held in credit for you to use against any future purchases valid until the voucher expiry. Please note that where a credit balance is held we will not refund any money.
