Welcome to the peasandpod.com Website Terms and Conditions for use.
These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the Terms and Conditions set out below. If you do not agree to be bound by these Terms and Conditions, you may not use or access this Website.
Before you place an order, if you have any questions relating to these Terms and Conditions, please contact us by email at firstname.lastname@example.org or by writing to us at:
123 St Pancras Way
London NW1 0SY
Conditions – means these Terms and Conditions and the Special Conditions.
Product – means a product displayed for sale on the Website.
Product Description – means that part of the Website where an individual Product is described and any Special Conditions in respect of the individual Product are provided.
Special Conditions – means the terms and conditions relating to an individual Product which are provided in the Product Description.
Users – means the users of the Website collectively.
Personal Data – means the information provided by you on registration/check out.
We/us/our – means peasandpod.com. PeasandPod Limited, 6 Rochester Road, London NW1 9JH
Website – means the website located at www.peasandpod.com or any subsequent URL which may replace it.
Cookies – means small text files that our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer.
United Kingdom – means England, Wales, Scotland, Northern Ireland and the Channel Islands.
You/your – means a user of this Website.
USE OF THE WEBSITE
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
By agreeing to these Conditions, you represent that you are at least the age of majority in your jurisdiction, or that you are the age of majority in your jurisdiction and you have given us your consent to allow any of your minor dependents to use this Website.
You may not use our Website or products for any illegal or unauthorised purpose nor may you, in the use of our Website or products, violate any laws in your jurisdiction.
You must not transmit any worms, viruses or code of a destructive nature.
You agree you are solely responsible for;
- all costs and expenses you may incur in using the Website; and
- keeping your password and other account details confidential.
The Website is intended for use only by those who can access it from within the UK and we only ship to UK addresses. If you choose to access the Website from outside the UK, you are responsible for compliance with local laws where they are applicable.
You warrant that:
- The Personal Data which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
- you will notify us immediately of any changes to the Personal Data by updating these details on your online account.
- You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
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 reasonable 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 the Website using your shopping account and/or your Personal Data.
We reserve the right to:
- modify or withdraw, temporarily or permanently, this 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 Website; and/or
- change the Conditions from time to time, and your continued use of the 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 Website.
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
A breach or violation of any Conditions will result in an immediate termination of services to you. We reserve the right to refuse service to anyone for any reason at any time.
Third party links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external websites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use of which others make of these 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 advertising, content, products, goods or other materials or services available on such external websites or resources.
User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PRIVACY AND COOKIES
We will treat all your Personal Data as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable privacy regulations and consumer legislation.
DESCRIPTION OF PRODUCTS
Each Product purchased is sold subject to its Product Description which sets out any additional Specific Conditions related to that Product.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We reserve the right to correct any inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
The packaging and contents may vary from those shown on the Website.
We cannot confirm the price of a Product until your order is accepted.
ORDERING, CANCELLING AND RETURNING PRODUCTS
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 the Website.
Contract creation and electronic contracting
The technical steps required to create the contract between you and us are as follows:
- You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website
- We may send you an order acknowledgement email as soon as you place your order, though this email does not constitute acceptance of your order.
When your order is accepted you will receive an order confirmation email detailing the Products you have ordered, and your credit/debit card will be charged.
- We will then dispatch your product from our warehouse and we will send you a shipping confirmation email. We will notify you when your shipment is out for delivery and when it has been delivered.
- Order acceptance and the completion of the contract between you and us will take place when we charge your debit/credit card and dispatch the Products to you unless we have notified you that we do not accept your order.
Non-acceptance of an order may be a result of one of the following:
• The product you ordered being unavailable from stock.
• Our inability to obtain authorisation for your payment.
• The identification of a pricing or product description error.
• You are not allowed to order goods from us / we are not allowed to sell goods to you.
• You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
Should we have taken payment prior to non-acceptance of your order then we will refund you, but please note that it can take up to five days for the bank to transfer the funds to you.
The contract will be concluded in English.
The details of your specific contract will not be filed by Peasandpod.com. If you do require any information regarding orders you have placed through our Website, please contact us by email at email@example.com.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit the sales of our Products to any person, household, geographic region or jurisdiction. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Cancelling an order
You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 30 days after the day on which you receive the goods or services.
Your right to return or cancel products does not apply to goods that are made to measure or are made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. This doesn’t affect your statutory rights if goods are faulty or not as described.
If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.
To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
You can cancel by emailing firstname.lastname@example.org.
If you decide to cancel, you should return the goods to us at your own cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply.
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.
You also have the right to return faulty goods within 30 days of delivery of the goods.
We use a third-party delivery service to deliver our goods and aim for them to be delivered within seven working days. If something happens which is outside of our control and we cannot deliver the goods within thirty days of entering the contract, we will let you know a revised estimated delivery date for the goods and you may request a refund should you not wish to wait for the revised estimated delivery date.
Delivery of the goods will take place when we deliver them to the address that you gave us. You are responsible for the goods when delivery has taken place.
If we can’t supply certain goods we will let you know and offer you a substitution or a refund.
We accept payment via credit/debit card, Apple Pay and Paypal. We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third-party gains unauthorised access to any information that you give us.
Your credit or debit card will only be charged when your order is approved and we dispatch the goods.
All payments by credit/debit card need to be authorised by the relevant card issuer. We may also need extra security steps via:
• Verified by Visa;
• Mastercard SecureCode; or
• American Express SafeKey.
If your payment is not received by us and you have already received the goods, you:
• must pay for the goods within fourteen days; or
• return the goods as soon as possible, unopened and in their original condition.
If you do not return the goods, we may collect them from you at your expense and will try to contact you to let you know we intend to do this.
The price of the goods is in pounds sterling (£) (GBP) and includes VAT at the applicable rate. It does not include the cost of delivery unless indicated.
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 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 Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) 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 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.
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international or national laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or for violating any of the prohibited uses.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The 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 Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
In no case shall Peasandpod.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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, data, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses
- suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
You agree to indemnify, defend and hold harmless Peasandpod.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
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.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Peasandpod.com and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this Website constitutes the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by ceasing to use our Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website.
The Conditions shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
We will try to resolve any disputes with you quickly and effectively on a case by case basis. If you are unhappy with the goods, our service to you or any other matter please contact us as soon as possible. If we cannot resolve a dispute using our internal complaint handling process, we will let you know that we cannot settle the dispute with you and the relevant courts of England and Wales will have exclusive jurisdiction in relation to this contract.
Changes to Terms and Conditions
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
For any queries regarding our service, please contact us by email at email@example.com or by writing to us at:
123 St Pancras Way
London NW1 0SY