Terms & Conditions
Please read these terms and conditions before using our website. Check back frequently to see any updates or changes to our terms and conditions or privacy policies.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing yardgallery.com using your user details.
We reserve the right to: modify or withdraw, temporarily or permanently, any Yard Gallery Products website (or any part thereof) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Yard Gallery Shop website; and/or change the Conditions from time to time, and your continued use of the this website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Yard Gallery website.
Third Party Links
In an attempt to provide increased value to our customers, we may provide links to third party websites. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
All orders are subject to acceptance in accordance with our order Acknowledgement Policy and availability. If an order is accepted for which there is no current stock you will be contacted by email and will have the option either to wait until the item is available from stock or to cancel your order in accordance with our Cancellation Policy.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from rachelmcknight.com.
Order Acknowledgement Policy
Please note that your order will become a legally binding contract entered in between us upon dispatch of your order.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Yard Gallery reserves the right at any time after receipt of your order to accept or decline your order for any reason. Yard Gallery reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
The contract between you and Yard Gallery will be completed on the dispatch of the products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with our Cancellation Policy. The sale contract is therefore completed in Northern Ireland and is subject to Northern Ireland law.
We reserve the right to reject any offer to purchase by you at any time.
Under the distance selling regulations you have the legal right to cancel your order within seven working days of receipt of the goods.
Description of Products
All details, descriptions and prices of products appearing on the Yard Gallery Shop website are correct at the time of input. Although we aim to keep the website as up to date as possible, the information appearing at a particular time may not always reflect the position exactly at the moment you place an order.
All prices are correct at the time of entering information. You will receive an electronic confirmation of receipt of your order via email. Payment can be made by any of the specified Payment Methods. Payment will be debited and cleared by Sage Pay online payment services. For more information visit www.sagepay.com
You confirm that the credit/debit card that is being used is yours.
All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
Yard Gallery offers the following variety of payment methods:
Please be sure to provide your exact billing address and telephone number - the address and phone number your credit card company has on file for you. Incorrect information may cause a delay in processing your order.
Refusal of Transaction
We reserve the right to withdraw any products from the website at any time and/or remove, screen or edit any materials or content. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.
We will not be liable to you or any third party by reason of our withdrawing any product from the yardgallery.com website, whether or not that product has been sold; removing, screening or editing any materials or content; refusing to process a transaction or suspending any transaction after processing has begun.
The eligibility to purchase products on the website is limited to those parties who satisfy our eligibility criteria. By making an offer to buy a product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your credit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
Credit Card Security
All orders are 'encrypted' to ensure safe transmission to us. We utilise secure server software (SSL) through Rappid SSL to ensure your information cannot be read as it travels over the Internet.
To be eligible to order products on the Yard Gallery Shop website and lawfully enter into and form contracts on the website under Northern Ireland law you must register by providing your real name, phone number, email address, credit card details and other requested information. Purchases on the yardgallery.com website can only be made by those individuals aged over 18 years of age who meet these terms of eligibility, who have been issued a valid credit card by a bank acceptable to us, whose applications are acceptable to us and who have authorised us to process a charge or charges on their credit card in the amount of the total purchase price for any products which they purchase.
General terms and conditions
Intellectual Property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Yard Gallery website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the this website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited.
You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with laws
The Yard Gallery website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.
Limitation of Liability
While we will use reasonable endeavours to verify the accuracy of any information we place on this website, we make no warranties, whether express or implied, in relation to its accuracy.
The yardgallery.com website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Yard Gallery website, or any transaction that may be conducted on or through the Yard Gallery Shop website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from the course of dealing or usage or trade.
We make no warranty that the Yard Gallery Shop website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Yard Gallery website.
Notwithstanding any other provision in the Conditions, nothing herein shall limit your rights as a consumer under Northern Ireland law.
You acknowledge that Yard Gallery will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect or consequential losses;
In any case whether or not such losses were within the contemplation of the parties at the date of the Conditions, suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
The Conditions (as amended from time to time) contain the entire agreement between the parties relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between the parties in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of the Conditions. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save in so far as the same has expressly been made a representation in the Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of Northern Ireland and you irrevocably submit to the exclusive jurisdiction of the courts of Northern Ireland.