Terms and Conditions

Application and Entire Agreement

1. These Terms and Conditions apply to the provision of the Products detailed on our website, quotation, verbal agreement, or invoice (Products) by The House of Yesterday, a company present in England and Wales whose registered office is at Bowsfall House, East Butterwick, DN17 3AJ (we, us, or Product Provider) to the person buying the Products (you or Customer).

2. You are deemed to have accepted the Terms and Conditions when you accept our quotation or verbal agreement, or from the date of any performance of the Products (whichever happens earlier) and these Terms and Conditions (the Contract) are the entire agreement between us.

3. You have acknowledged that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.

 

Interpretation

1. A ‘business day’ means any day other than Saturday or Sunday. A ‘working day’ means any day of the week, including England and Wales bank holidays.

2. Words imparting the singular number shall include the plural and vice-versa.

3. The term ‘quotation’ refers to both verbal and written.

 

Products

1. We warrant that we will use reasonable care and skill in our performance of the Products which will comply with the quotation, including any specification in all material aspects. We can make any changes to the Products which are necessary to comply with our applicable law or safety requirement, and we will notify you of this if necessary.

2. We will use our reasonable endeavours to complete the performance of the Products within the time agreed or as set out in the quotation; however, the time shall not be of the essence in the performance of the Product.

3. All these Terms and Conditions apply to the supply of any goods as well as the Products unless we specify otherwise.

4. Ownership of all goods and parts whether physical or not are deemed to be owned by The House of Yesterday until the full invoice amount has been paid within the specified terms.

 

Your obligations

1. You must obtain permission, consents, licences or otherwise that we need and must give us access to any and all relevant information, materials, properties, and any other matters which we need to provide the Products.

2. If you do not comply, we can terminate the Product.

3. We are not liable for any delay or failure to provide the Product if this is caused by your failure to comply with the provisions above (your obligations)

 

Fees

1. The fees (Fees) for the Products are set out in the quotation (whether verbal or written) and are on a time and material basis, or retention basis.

2. In addition to the Fees, we can recover from you (a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses (which will be agreed upon prior to commencement of work, (b) the cost of Products provided by third parties and required by us for the performance of the Products, and (c) the cost of any materials or parts required for the provision of the Products.

3. You must pay us for any additional Products provided by us that are not specified in the quotation in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate that has been agreed upon.

4. The Fees are not currently inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

 

Cancellation and amendment

1. We can withdraw, cancel or amend a quotation if it has not been accepted by you within the timescale specified on the quotation (unless the quotation has been withdrawn, whether verbal or written).

2. Either we or you can cancel an order for any reason prior to  your acceptance (or rejection) of the quotation.

3. If you want to amend any details of the Product you must tell us in writing as soon as possible.  We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.

4. If, due to circumstances beyond our control, including those clauses set out below, we have to make any change in the Product or how they are provided, we will notify you immediately.  We will use reasonable endeavours to keep any such changes to a minimum.

 

Payment

1. All payments must be made in British Pounds, using a method agreed between us.

2. Payment is made at the time of purchase.

 

Intellectual property

1. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Product.  We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

 

Liability and Indemnity

1. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall  be limited as set out in this section

2. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, r for any other matters for which it would be unlawful to exclude or limit liability.

 

Data protection

1. When supplying the Products to the Customer, the Product Provider may gain access to and/or acquire the ability to transfer, store, or process personal data of employees of the Customer.

2. The parties agree that where such processing of personal data takes place, the Customer shall be the ‘data controller’ and the Product Provider shall be the ‘data processor’ as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or reenacted from time to time.

3. For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’ and ‘Data Subject’ shall  have the same meaning as in the GDPR.

4. The Product Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Product as mentioned in these terms and conditions or as requested by and agreed with the Customer, nor shall they retain any Personal Data longer than necessary for th Processing and refrain from Processing any Personal Data for its own or for any third parties.

5. The Product Provider shall not disclose Personal Data to any third parties other than employees, directors, aents, sub-contractors or advisors on a strict ‘need-to-know’ basis and only under the same (or more extensive) conditions as set ou in these terms and Conditions or to the extent required by applicable legislation and/or regulation.

6. The Product Provider shall implement and maintain technical and organisational security measures as are requred to protect Personal Data Processed by the Product Provider on behal fo the Customer.

7. Further information about the Product Provider’s approach to data protection are specified in its Data Protection Policy, which can be found on our website.  For any enquiries or complaints regarding data privacy, you can email: info@thehouseofyesterday.co.uk.

 

Circumstances beyond a party’s control

1. Neither of us is liable for any failure or delay in performing our obligtions where such failure or delay results from any cause that is beyod the reasonable control of that party.  Such causes include, but are not limied to: industrial action, civil unrest, fire, flood, storms, earthquates, acts of terroism, acts of war, governental action or any other event that is behond the control of the party in question. If the elay continues for a period of 90 days, either of us may terminate or cancel the Product to be carried out under these Terms and Conditions.

 

Communications

1. All notices under these terms and conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

2. Notices shall be deemed to have been fully given:

   1. When delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient.

   2. When sent, if transmitted by fax or email and a successful transmission report or return receipt is generated,

   3. On the fifth business day following mailing, if mailed by national ordinary mail, or

   4. On the tenth business day following mailing, if mailed by airmail

3. All notices under these Terms and Conditions must be addressed to the most current address, email address or fax number notified to the other party.

 

No waiver

1. No delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

 

Severance

1. If one or more of these terms and conditions is found to be unlawful, invalid, or otherwise unenforceable, that/those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

 

Law and jurisdiction

1. This agreement shall be governed and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.