Terms and Conditions: Sale of Goods – Online
IMPORTANT: PLEASE READ
WE DRAW YOUR ATTENTION TO THESE TERMS AND CONDITIONS, WHICH APPLY WHENEVER YOU BUY GOODS FROM US ONLINE. PLEASE READ THEM CAREFULLY BEFORE YOU PROCEED TO MAKE YOUR PURCHASE.
BY PLACING AN ORDER AND/OR USING OUR WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
YOU SHOULD PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
In these Terms:
"Website" means Our website at www.pretty-powerful.co.uk
"Goods" means the goods which we will supply to you in accordance with these Terms and Conditions.
"Order" means an order which you place with us detailing the goods you wish to buy from Us.
"We/Us/Our" means The Tea Keepers
"You/Your" means you, the person using our website and/or buying goods from us.
HOW THESE TERMS AND CONDITIONS APPLY
The terms in Part A explain how our website must be used. They apply to ALL users of the website. Part B also applies when you buy goods using the website. We may amend the terms from time to time and you are advised to check them regularly for any changes that we make.
About this website.
This website is aimed at consumers. The information on this website is in English, all communications will be in English and the website is designed to comply with English law. You may be viewing the website in a market in which we do not commonly sell our goods and we cannot be held responsible for non-compliance with any local advertising or other laws in relation to this website or its contents. We may restrict access to some parts of the website to users who have registered with Us.
Our rights in the website.
The copyright and other ownership rights (known as "intellectual property rights") in this website and its contents (including design, text, logos, trade names, graphics, software and any other material) are owned by us or our licensors. You must not (nor allow anyone else to) publish, copy, distribute or modify any of the content of this website (© Pretty Powerful 2021.) Anyone may view this website and print pages from it for personal use only, for browsing our products and placing an order with us. Any other use is strictly prohibited without our prior written consent. You must not make any copy of any material from the website for any business related use whatsoever.
You must not in any way copy, reproduce or use any trademarks, logos, content or brand names that appear on the website.
We have taken great care in compiling this website but neither we nor other representatives be responsible for any damages, losses or costs however they arise as a result of your use of or reliance on the website. Although we aim to provide information that is accurate and up to date, we do not guarantee to do so. You are responsible for making sure that your reliance on this website is suitable for your own purposes and the information that we provide is not intended to be advice you should rely on. The information contained on this website is provided on an "AS IS" basis. To the fullest extent which the law allows, we exclude all warranties and representations of any kind with respect to this website and its contents.
We may change, remove or adapt the content of our website at any time and without advance notice.
We may provide links to other websites. If we do this, those links are provided for your convenience only and we cannot be responsible for the content or availability of those websites or your use of them.
We do not guarantee that this website will always be available or be free from error.
We are under a legal duty to supply goods that are in conformity with the contract and we aim to ensure that the products on our website are as accurate as possible, but there may be slight variations between the goods and the descriptions online.
How you must use this website.
All information that you submit should be accurate, truthful and should not be copied.
You must use your own identity at all times when using the website and should ensure that all information You provide is accurate and up to date to the best of your knowledge. You must not use information about any other person, except if you have their permission to do so.
You must not corrupt the website, flood it with information causing it to malfunction or use any features which may affect the website such as any worms, viruses or similar harmful elements. The use of spam (that is, multiple, unsolicited or undesired bulk e-mails) is also forbidden.
If you have a password as part of our security procedures, you must treat that information as confidential and must not disclose it to anyone.
We may refuse access to this Website to anyone who does not comply with these terms.
Our agreement for the sale of goods and the ordering process.
1 The Website displays goods that are advertised for sale, and gives information about them. By advertising goods on the website, we are inviting you to place an order with us. If you place an order, we are not obliged to accept that order. The contract between you and us will only be formed and completed upon actual dispatch of the goods to you (Neither submitting an electronic order form, nor completing the checkout process constitutes our acceptance of your order). Each order you place will be a separate contract between us. We reserve the right to refuse to supply goods to any person.
2 Any variation of the contract by you must be expressly agreed between you and us.
3 The following paragraphs explain the process that You will need to go through to place an order and how the contract for the sale of goods between us will be formed. This section also explains important information about payment and delivery.
Step 1 - Choosing Your Goods
You can select a product for purchase by clicking on the item that you are interested in, and selecting 'Sing Up Now'
Step 2 –Reviewing Your Basket
You can review the goods that you have added to your basket. You can change the contents of your basket by amending the quantity of goods you want to order (which may be subject to a maximum number of goods, per size from time to time), removing any unwanted goods by clicking 'Remove' and viewing the basket total value. You can also enter any promotional code that you may have. Entering a valid promotional code and clicking 'Redeem' will update the basket total. You can then continue shopping and adding to your basket if you wish or if you don't want to buy anything else, go straight to the next step.
Step 3 – Going to Checkout
You can proceed to Checkout by clicking on "Checkout".
Step 4 – Customer registration
You will then be asked to register as a user, you will be asked to provide your e-mail address and some relevant personal information for the plans. We will then store that information for the purposes of processing your order and the supply of the selected plan. Existing users will be asked for a password and e-mail address to login, each time an order is placed..
Step 5 – Completing Your Address
Once you have chosen your option, you will be asked to enter your chosen address. If You are an existing customer, You will be shown a list of any addresses you have previously entered. You must provide us with the correct address details. We will not be liable for any delay or failure of delivery as a result of your failure to provide accurate address details.
Step 6 – Your Order Summary and Payment Information
You will then need to choose your payment method and enter your payment details. Please check this information very carefully. You will then be given the option to save such details for your next visit. If you are an existing customer and you have previously saved your payment details, they will appear here. You should check the details carefully at this stage, as this is the final stage in the order process at which you can correct any mistakes or change the goods that you want to order. You can do this by returning to the home page and completing the process set out above again. If you are happy with your order, click "Place Order & Pay".
Step 7 – Placing Your Order
By clicking on "Place Order & Pay", you are confirming that you have read, understood and accepted these Terms. At this point your order will be submitted to Us.
Step 8 – Order Acknowledgement
Once we have received confirmation that your payment has been authorised, a screen will appear thanking you for your order. You will be given an order number. It will confirm the goods, price and any delivery charge. You may print a copy of the order acknowledgement and keep them for your records. Please note, our acceptance of your order will only take place on dispatch of Your Order.
4 We may refuse your order or cancel your order if we decide it is reasonable to do so. This may include circumstances where:
4.1 We are unable to obtain authorised payment or the payment process is incomplete; or
4.2 We identify a product or pricing error on the website; or
4.3 You fail to meet any criteria for eligibility of purchase which we may impose from time to time; or
4.4 We suspect that Your order is related to fraudulent activity; or
4.5 You fail to submit all necessary and relevant details to allow us to fulfil the order; or
4.6 Goods are unavailable
5 We may contact you by phone or email to verify details before we are able to process and dispatch your order, or we may be unable to accept it. For example, we may do this if your order is of particularly high value.
Price and Payment.
6.1 Prices and charges are as published on the website when we accept your order. Prices are in pounds sterling. Charges are shown separately. All applicable delivery charges are as stated on the website at the time you place your order. The delivery charge for the order is shown on the shopping basket page below your chosen goods.
6.2 We take all reasonable care to ensure that the price of the items indicated to you is correct, but we may amend prices at any time.
6.3 Offers and promotions on the website are subject to availability and we may change or withdraw them at any time and without notice. Nothing shall oblige us to maintain offers or promotions for any period. Additional terms may apply, details of which will be displayed.
6.4 We must receive payment for the goods and any delivery charges in full, cleared payment before they are dispatched.
6.5 We accept payment via most major credit and debit cards including Visa, Mastercard, and Maestro. You must only use a card if you are the named cardholder. By placing an order, You confirm that you are the authorised cardholder. All credit and charge card holders are subject to validation and security checks, as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise payment, we will not accept your order and we will not be liable for any delay or non-delivery. You may also choose (depending on your country of residence) to pay via PayPal subject to certain checks by the payment provider.
6.6 Your card provider may charge you for using your card. Please check the terms and conditions with your card provider carefully and in advance of submitting your payment details.
6.7 If we do not have sufficient stock of goods, we will notify you by e-mail or phone and your credit or debit card transaction will be cancelled or refunded. We will do this as soon as possible and by no later than 30 (thirty) days from the date of your order. We will not be responsible for any compensation if the goods that you order are not available for any reason.
7 Our rights in the goods
All intellectual property rights in the goods including all designs, trademarks, brand names, images and logos are and shall remain our property, or those of our licencors. At no time shall any rights, title or interest in the intellectual property rights pass to you.
8.1 We will not be in any way responsible to you for a failure to sell goods that you wish to buy; for a failure to comply with our obligations under the contract; or for costs or liabilities which you incur as a result of any circumstances beyond our reasonable control – including but not limited to any act of god, flood, fire, trade dispute, lack of third party materials and services, or terrorist acts.
8.2 Due to the nature of the product the Company imposes the following cancellation terms:
Pretty Powerful Plan
This product cannot be cancelled. The company may agree to cancellation but only in circumstances beyond the control of the consumer. Please contact us.
Pretty Powerful Membership
This product is charged on a rolling monthly basis and can be cancelled at any time through the 'My Subscriptions' section within 'My Account'.
8.3 The contract between you and us is binding. You may not transfer or assign your rights or obligations to another person without our express agreement. We may transfer or assign our rights and obligations under the contract, or appoint third parties to assist us in performing our obligations at any time, provided that this will not reduce our obligations to You.
8.4 If any clause of this contract is found in any way to be void by a court or other competent authority, then all other clause of the Contract will continue to apply.
8.5 If either we or you do not at any time act on any rights that we have under this contract, then it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right which we have, it will not affect any other rights that either of us has.
8.6 The contract is subject to English law and both we and you agree that any dispute arising under or connected to it will be decided by the English courts.
8.7 We may amend these terms at any time and without notice to you. Any change will take effect immediately after being posted on the website and will be deemed to be accepted by any person who uses the website. Where you have already placed an order, the contract will remain subject to the version of the terms that were in place at the time when you placed your order, subject to any changes expressly agreed between you and us.
8.8 Nothing in these terms seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these terms will not change any rights that the law grants to you, which that law does not allow us to change or limit.
8.9 A person who is not party to the contract shall have no right under the contracts (Rights of Third Parties) Act 1999 to enforce any term of it, which means that only we and you have rights under it. This does not affect any right or remedy of any person that exists or is available otherwise than under that Act.
8.10 The contract is the entire agreement and understanding between us in respect of its subject matter, and will supersede and replace any prior agreements, understandings or arrangements whether written or verbal. We each acknowledge that in entering into the contract, neither of us has relied on any representation or promise given by the other or implied from anything said or written other than as specifically set out in the contract or on the website. If you are uncertain as to your rights under the contract or you want any explanation about them, please contact us.
8.11 All materials, content, and all associated items will remain the product of Pretty Powerful at all times. The purchase of a plan will allow you exclusive access to utilise these products and must not be copied, re-created, re-distributed and are intended for the sole use of the registered individual.
If the company suspects at any time that the materials are being shared outside of the terms of this agreement membership will be suspended immediately and all access to materials for the plans and memberships will be suspended until investigations have been completed.
The outcome of the investigations may result in re-instatement or termination from the plan or membership.