These terms and conditions apply to the use of the Peps & Pooks website, https://www.pepsandpooks.com. By accessing this website you confirm that you have read, understood and agreed to these terms and conditions. If you have any questions, please contact us before placing an order at firstname.lastname@example.org.
We reserve the right to make changes to these terms and conditions from time to time without prior notice. Please check before you order to see if any changes have been made since your last visit.
Your statutory rights are not affected by these terms and conditions.
- All orders for Products placed by you, the buyer through our website shall be subject to these terms and conditions. When you place an order with us, your contract is made with Peps & Pooks and you agree that these terms and conditions shall form the contract between us.
- All orders are subject to acceptance by us and to product availability.
- You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order form. We cannot take responsibility for problems caused if the details you provide are incorrect and we will not be obliged to accept an order unless all details requested have been entered correctly.
- Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that we have received it.
- Unless you cancel your order, acceptance of your order and completion of the contract will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Surrey, England and the language of the contract is English.
- If you order goods that are not available from stock, we will contact you by email. You can then choose to wait until the goods are available or cancel your order in accordance with our cancellation and returns policy. If only part of your order is out of stock we can despatch the in stock items immediately and outstanding items will be despatched when available at no extra cost.
- If we are able to order extra stock to fulfil your order, we will only charge the cost to your card once those products are in stock with us and are ready to be dispatched to you. In these circumstances, you will only be charged once for postage, even if the order is dispatched to you in two or more packages.
- We will send the confirmation email to the email address you give to us when you place your order. It sets out details of the products you wish to buy, the cost (including VAT where applicable and P&P), your method of payment and our expected dispatch times.
- You must check all the details on this confirmation email are correct and contact us as soon as possible if any details are wrong.
- We are entitled to refuse any order placed by you. If your order has not been accepted, we will email you to tell you why.
- By placing your order you warrant that you are over 18 years old and that you have capacity to enter into this contract.
- All prices are inclusive of VAT where it applies and are correct at the time of publishing. We reserve the right to change the prices of our products at any time. Please check all prices before placing your order.
- The price of the Products will be the prices quoted on the website at the date the order is received, delivery prices vary.
- We reserve the right, by giving notice to you, the buyer, at any time before delivery to increase the price of the Products to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials, costs of obtaining customs clearance or other certifications or other costs of manufacture).
- In the unlikely event of there being such an increase in the price of the Products you, the buyer, shall be entitled to cancel the order at any time before delivery.
- If an error is discovered in the price of the goods that you have ordered, we will email you as soon as possible to let you know. We are not obliged to fulfil an order for a product that was advertised at an incorrect price. If you order a product and the price published on https://www.pepsandpooks.com is incorrect for any reason, we will email you to let you know that we have not accepted your order. We will tell you the correct price for the product and you may choose to buy it at the correct price.
- If you have already paid for the wrongly-priced goods, we will refund the full amount within 30 days of the date of your order. If you choose to buy the product at the corrected price, we will charge this separately to your debit or credit card.
- We make every effort to supply the goods as advertised but reserve the right to supply the goods subject to minor variations in actual dimensions, colour tone, fabrication, specifications and, in the case of bulk items, quantities without prior notice. When placing an order you accept that there may be differences in the actual appearance of the Products from the images on the website this is usually due to photographic technique and context.
- If we cannot supply the goods ordered by the Customer, we reserve the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to Peps & Pooks in respect of that order. This shall be the sole remedy of the Customer in these circumstances.
- We reserve the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
- If you receive products which are not what you ordered, please contact us within 7 working days of receiving the order and we’ll do all we can to correct the problem. You may be required to return some products to us before we can resolve the problem.
- We do everything we can to make sure that the product pictures we use are accurate, but as your computer and/ or monitor will have its own colour settings, we are not responsible for any differences in colour between the image on https://www.pepsandpooks.com and the product that you receive.
- Sale items are excluded from any other offers and promotions.
- When we provide any Products to you, the buyer, under these terms and conditions, payment will be charged to the card account provided by you on our payment gateway.
- By placing an order, you, the buyer, consent to payment being charged to your card account as provided.
- Title to the Products will pass to you, the buyer, on payment in full of the price of the Products.
- We will issue you with an electronic receipt together with a dispatch notice by email once the transaction is completed and will send you a further email once the Product(s) have been dispatched.
- When you place an order you confirm that the credit or debit card you use to make a purchase from us is your own or your company’s card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
- Peps & Pooks accepts payment from all major credit and debit cards via Paypal which is one of the world’s leading online secure payment companies. When you place an order on our website you will be redirected to Paypal, who will then take your card details over a secure connection. You will then return to our website.
- If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. Your invoice address must match that of your card statement address. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
- Goods will not be despatched until your payment has been authorised by the card issuer. If your card issuer refuses to authorise payment we will not be liable for any delay or non-delivery of goods.
- All orders must be paid in Pounds Sterling.
- The Products will be delivered to you, the buyer, at the address provided by you on the order form.
- The risk in the Products shall pass to you upon such delivery taking place.
- Any dates quoted for delivery of the Products are approximate only and we shall not be liable for any delay in delivery of the Products however caused. If however we are unable to deliver your Products by the date quoted for delivery you, the buyer shall be entitled to cancel the order at any time before delivery takes place.
- We endeavour to despatch all orders within 2 working days of payment, but this may be longer during busy periods such as sale times, and for personalised items which are made to order. If your order is urgent, please contact us at email@example.com, and we will do our best to help you.
- We shall not be liable to you, the buyer, for incomplete delivery of the Products however caused but will provide you with the outstanding Products as soon as is reasonably practical. If however we have not delivered the outstanding Products within 7 days from the first date of delivery you, the buyer, shall be entitled to cancel the order for the outstanding Products.
- If we are unable to deliver the goods within 30 days of the date of order, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to Peps & Pooks in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to us at firstname.lastname@example.org after the above date, but before delivery of the goods or notification from usthat the goods are ready for delivery.
- We do not accept liability for shortages or damage to deliveries unless the Customer notifies us of the shortage or damage in writing within 7 days of receipt of the delivery.
- If your delivery address is outside of the UK, you may have to pay import taxes on the products you buy. Any such taxes are your responsibility. You should contact your local customs office for further information.
- Our delivery charges are set out in the Delivery section of our website, these may be subject to change without notice. It might not be possible for us to deliver to some locations.
- We hope that your product reaches you in great condition, however we understand that sometimes a product is not quite right and that you may wish to have a refund. If you think your product is damaged or faulty, please contact us at email@example.com.
- If you wish to cancel your order before you receive our confirmation email, please email firstname.lastname@example.org with “Cancellation” as the subject of your email. If we receive this email in time, we will not send the products to you and will not charge you for the products that you ordered.
- If you wish to cancel your order after you have received a confirmation email from us, you will need to wait until you receive the products and then follow our returns procedure.
- You have 14 days to return an item(s) from the day that you receive the item(s). We ask that you contact us within 7 days of receiving your order by emailing email@example.com. For more details please see “Delivery and Returns”.
- Please note that items are returned at the customers’ expense and we recommend that your returns should be sent by recorded delivery. We will not take responsibility for goods which do not reach us.
- Once you have returned the products in unused condition, you will receive your refund credit or exchange order (when in stock) within 5 working days of us receiving the goods. We endeavour to process this as quickly as possible. Your refund will exclude the original delivery charge.
Our return address is:
Peps & Pooks
11 Green Lane Avenue,
- You agree that if you breach these terms and conditions, or if any liability arises from the way that you use our website, you will be responsible for the cost of any damage that we suffer as a result. This may include our reasonable legal fees.
- Nothing in these terms and conditions excludes or limits our liability for death or personal injury resulting from our negligence.
- Our liability to you in respect of each order you make is capped at a sum equal to the cost of the products included in that order.
- We will use all reasonable endeavours to carry out it’s obligations within a reasonable period of time but will not be liable to you, the buyer for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations in relation to this Agreement, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control:
- Act of God, explosion, flood, tempest, fire or accident;
- War or threat of war, sabotage, civil disturbance or requisition;
- Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
- Import or export regulations or embargoes;
- Strikes, lock outs or other industrial actions or trade disputes;
- Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
- Power failure or breakdown in machinery.
If we are prevented from carrying out our obligations in the above circumstances, we will notify you in writing. If we are still prevented from carrying out its obligations 3 weeks from the date such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform.
- Except where you, the buyer are dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the Products.
- We do not accept liability for any errors and/or omissions appearing on https://www.pepsandpooks.com, We reserve the right to change product specifications, prices and availability of our products and services at any time and without notice to you.
- Please check our expected dispatch dates carefully. However, we do not have any liability to you for delay in the delivery of the products that you order, whether or not the delay is beyond our control.
- We do not warrant that our website will meet your requirements or will be uninterrupted, timely or error-free. We do not warrant that our website or the server that makes it available are free of viruses or bugs. We will not be responsible for any loss of content or material uploaded or transmitted through our website.
- We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
- All drawings, photographs, colours, components, descriptive matter and specifications of the Products on the website are for the sole purpose of giving an approximate description of the Products.
- We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability.
Intellectual property right and right to use
- You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied (or created) as part of the Website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.
- You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only. 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.
- All copyright in this site is owned by Peps & Pooks and can only be re-used if we grant a licence permitting it.
- We love to see how you style our products from Peps & Pooks, and so do our other customers. We regularly reach out to our customers to request additional rights to use our favourite images on our website, emails and on our social channels. We will credit you by including your social handle or byline. By responding to our request or by tagging your photos with #Peps&Pooks you are agreeing to the following:
- You give us permission to use your User Content to reproduce, display, perform, distribute, and otherwise use your User Content in connection with the Site and for other Peps & Pooks marketing purposes, including without limitation email, social media channels and other customer communications, store materials and other marketing. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.
- If you believe that a user of the Site has infringed on your intellectual property rights, or if we have taken down your materials due to suspicion of copyright infringement, and you would like to dispute the alleged infringement, please contact us.
The terms and conditions for our individual voucher codes are as follows:
- Newsletter signup voucher – PEPS10 – 10% off order when signing up to the Peps & Pooks newsletter. Customer must be signed up to the newsletter database at time of placing order. Can’t be used in conjunction with any other offer. Single use voucher. Discount calculated on total product price and does not include the price of postage.
- Black Friday 2016 – BLACKFRIDAY – 15% off customer orders. Can’t be used in conjunction with any other offer. Discount calculated on total product price and does not include the price of postage. Voucher expires at midnight on Monday 28th November 2016.
- We do not and cannot review all communications and materials posted to or created by users accessing the site, and we are not in any manner responsible for the content of these communications and materials. However, we reserve the right to block or remove communications or materials that we determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable.
Links to and from other websites
- Links to third party websites are provided for your convenience. We are not responsible for these websites or their content or availability. If you decide to access any of the third party websites linked to our website, you do so at your own risk.
Queries and Complaints
- We aim to respond to e-mail queries within 72 hours.
- In respect of complaints, we will consider the nature of the complaint and will contact you within 21 days of the complaint giving you the result of the enquiries and what we propose should be done. Any complaints should be emailed to firstname.lastname@example.org.
- Our terms and conditions comply with the Consumer Contracts Regulations which came into force June 2014.
- We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website.
- These terms and conditions and the contract between us are made under the laws of England. Any dispute arising from our dealings must be heard in the courts of England. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
- If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.
- Only you and we shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.