TERMS & CONDITIONS OF SALE
Please read these terms and conditions (“Terms”) carefully before using our website as they affect your rights and liabilities under law. By using this Website or making a purchase either electronically via this Website, or by phone or fax, or in person, you agree to be bound by these Terms including our Website Terms and Privacy Policy.
1. Definitions and Interpretations
1.1 In these Terms the following words shall mean:
Contact Address – Pea in a Pod Limited, PO Box 493, Farnham, Surrey GU10 5WY
Email Address – info@peainapod.co.uk
Contract - these Terms and the Order;
Goods - the goods purchased by YOU from US;
Order - the order for Goods placed by YOU and accepted by US subject to these Terms;
Order Form - the order form submitted by YOU subject to these Terms setting out the Goods YOU wish to Order;
Returns Procedure - Our standard Exchanges/Returns and Refunds Policy
Us, Our, We – Pea in a Pod Limited
Website - the website identified by the URL www.peainapod.co.uk
You, Your - the person or organisation using the Website or buying Goods from us pursuant to these Terms.
1.2 In these Terms references to “in writing” shall include e-mail. Any queries regarding these Terms, the Goods or your Order must be made to the Contact Address or to the Email Address.
2. Goods Information
We have made all reasonable efforts to accurately display the sizes, colours, shapes and patterns of the Goods for sale on our Website. You acknowledge and accept however that sizes, colours, shapes and patterns shown on the Website are approximate only. Colours in particular may differ due to your own computer visual settings and hardware.
3. The contract between You and Us
3.1 We must receive payment of the whole price for the Goods that you order before your Order can be accepted. Once payment has been received by us we will confirm that your Order has been received by sending an e-mail to you at the email address you provide .
3.2 You have the right to cancel the Order up to the point at which the Goods are dispatched by us. If you wish to cancel pursuant to this clause then you must notify us in writing. Should you cancel your Order before dispatch we will refund in full the amount forwarded by you within 21 days of the Order being cancelled. Credit card charges will be refunded on the same credit card only. Our acceptance of an Order does not take place until dispatch of the Order, at which point a purchase contract will be made.
4. Price
4.1 Subject to this clause 4, the price payable for Goods that you Order are as set out on our Website;
4.2 The prices payable for Goods exclude delivery charges. Delivery charges are shown separately when ordering your Goods.
4.3 Prices are subject to change without notice.
4.4 Prices are inclusive of VAT.
4.5 The Prices are exclusive of any import or export duty.
5. Returns Procedure
We always stand by the quality of the products we supply and the service we offer. If you are not completely satisfied or change your mind about the product, please notify us immediately, in writing. You can return an unused product to us within 21 days from dispatch date for a full refund provided it is in a resalable condition.
We have an ‘open’ returns policy for faulty products, and will endeavour to replace or exchange any items that have become defective within a reasonable period (up to 60 days from dispatch date). When returning a product, please include your full name, address & postcode, email address and phone number and please tell us the reason you are returning the product, as this really helps us to improve our service to you. We recommend you obtain a Certificate of Posting from the Post Office when returning items to us, to insure you against lost post.
If the error was ours, we’ll refund the full cost of returning the product to us.
6. Cancellation by Us
6.1 We reserve the right to cancel the Contract if:
a. we have insufficient stock to deliver the Goods you have ordered; or
b. we do not deliver to your area or country; or
c. if one or more of the Goods you ordered was listed with incorrect information including price, and/or description for whatever reason; or
d. if we have reason to believe that you will fail to pay for the Goods or that you will not comply with these Terms.
7. Delivery of Goods to You
7.1 Subject to clause 7.4, we will deliver the Goods ordered by you to the address you give us for delivery at the time you make your Order.
7.2 Delivery will be made by 1st class Royal Mail as soon as possible after your Order is received.
7.3 You will become the owner of the Goods you have ordered when you have paid for them they have been delivered to you. Once Goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
7.4 We will not deliver to a PO Box address. We also reserve the right not to deliver Orders if we believe the address is not secure, for example a communal postal address.
8. Liability and Limitation
8.1 Subject to clause 7.4, if the Goods we deliver are not what you ordered or are damaged when you receive them or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our Contact Address of the problem within seven (7) working days starting from the date immediately after the delivery of the Goods in question.
8.2 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 and in any event our maximum liability to you shall be to refund to you the amount paid by you for the Goods giving rise to the claim.
8.3 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 Website. 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 you purchase.
8.4 Notwithstanding the above, nothing in these Terms is intended to limit any rights you might have as a consumer under applicable local law 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.
8.5 You acknowledge and accept that save as expressly stated on the Website we give no representation, warranty or statement as to the Goods including without limit their quality and/or suitability.
9. Notices
Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent to our Contact Address.
10. Events beyond our control
We shall have no liability to you for any failure to deliver Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs, terrorism and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
11. Invalidity
If any part of these Terms 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.
12. Privacy
You acknowledge and agree to be bound by the terms of our Privacy Policy.
13. Returns procedure
You acknowledge and agree to be bound by the terms of our Returns Procedure.
14. Third party rights
A person who is not a party to this Contract has not got any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
15. Governing law
This Contract shall be governed by and interpreted in accordance with English law and the English Courts shall have jurisdiction to resolve any disputes between us.
16. Complaints
If you have any concerns or complaints about the Goods, this Website or the service you have received then please write to the Contact Address.
17. Entire Agreement
These Terms, together with our current website prices, delivery details, returns procedure and privacy policy, set out the whole of our agreement relating to the supply of the Goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of the Terms or as an authorised representation about the nature or quality of any Goods offered for sale by us. Save for fraud or misrepresentation, we shall have no liability for any such representation being untrue or misleading.
