Terms and Conditions

 

 

1.  Introduction

This disclaimer defines the procedures and the rights and obligations of the Parties arising out of the on-line sale of the Products offered on the Site.

By using our website, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website.

 

2.  Credit

This document was created using a template from SEQ Legal (http://www.seqlegal.com).

 

3.  Procedures and Pricing

The prices on this website are inclusive of VAT, but do not include shipping costs, and any costs or duties associated with  shipping.  Shipping costs will be shown clearly on the website and invoiced additionally, shown separately on the order summary and confirmation.  If the Consumer uses a bank card associated with an account that is not in pound currency, the Consumer's bank may charge currency exchange fees and bank fees, which will be payable solely by the Consumer.  All shipping costs and duties on the website apply to UK addresses.  Any orders outside the UK will incur different shipping costs and the order must be made by email through the contact page or to our business email.  We reserve the right to refuse or accept an order.  All communications will be addressed to theemail address you supply at “checkout”.  The contract for purchase of the product is formed when we send you an email dispatch confirmation.

 

You may select items from our range of products, details of which will be added by clicking on the "Add to Cart" button. By clicking on the "Checkout" button in you submit an offer to buy the goods. As soon as this offer is accepted and dispatched your order forms a binding contract of sale between you and us.

Products for selection on the website are advertised when they are in stock.  If, in unforeseen circumstances, a product is not available, Pawpaw Essentials will notify the Consumer as soon as possible by e-mail that a partial order will take place or that his/her order is cancelled.

 

4.  Returns Policy

Returns are accepted.  After receiving the item, you will need to cancel the purchase within 14 days.  Please return the Product in suitable packaging to ensure it reaches us in good condition and email us at sales@pawpawessentials.co.uk.  We will refund the purchase price and original delivery charge of any goods returned no later than 30 days from the day when you give us notice of cancellation.  Return postage will be paid by the buyer

 

3.  Copyright notice

Copyright (c) 2014 Pawpaw Essentials.

Subject to the express provisions of this disclaimer; we together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and all the copyright and other intellectual property rights in our website and the material on our website are reserved.

 

4.  Licence to use website

You may view pages from our website in a web browser, download pages from our website for caching in a web browser and print pages from our website, subject to

the other provisions of this disclaimer. 

 

You may only use our website for your own personal shopping uses and you must not use our website for any other purposes.

 

Unless you own or control the relevant rights in the material, you must not:

(a)     republish material from our website (including republication on another website);

(b)     sell, rent or sub-license material from our website;

(c)     show any material from our website in public;

(d)     exploit material from our website for a commercial purpose; or use the Website for any purpose that could damage the name of Pawpaw Essentials or any                 goodwill attached to the Website;

(e)     redistribute material from our website.

 

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to

circumvent or bypass, any access restriction measures on our website.

 

5.  Acceptable use

 

5.1     You must not:

(a)     use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility            of the website;

(b)     use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)     use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan           horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)     conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in              relation to our website without our express written consent;

 (e)    Use data collected from our website for any direct marketing activity including without limitation email marketing, SMS marketing, telemarketing and direct                    mailing.

 

5.2     You must not use data collected from our website to contact individuals, companies or other persons or entities.

 

Pawpaw Essentials may not be charged with liability for all the inconveniences or damage inherent in using the Internet, in particular service outages, intrusion from outside or the presence of a computer virus. Without restricting the scope of the foregoing provisions, Pawpaw Essential’s liability under this agreement may not exceed an amount equal to the amounts paid or payable in respect of the transaction at the source of said liability, regardless of the cause or form of the legal action involved. Pawpaw Essentials is not liable for breaches of its obligations, as defined herein, that arise out of a case of force majeure. 


 

6.  Limited warranties

 

6.1     We do not warrant or represent:

(a)     the completeness or accuracy of the information published on our website;

(b)     that the material on the website is up to date; or

(c)     that the website or any service on the website will remain available.

 

6.2     We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

 

6.3     To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of t his disclaimer, our website and the use of our website.

 

Information provided about the products is intended to be used for educational or informational purposes only. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. Please consult with your own doctor or health care practitioner regarding the suggestions and recommendations made on the Website.

 

7.  Limitations and exclusions of liability

7.1     Nothing in this disclaimer will:

(a)     limit or exclude any liability for death or personal injury resulting from negligence;

(b)     limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)     limit any liabilities in any way that is not permitted under applicable law; or

(d)     exclude any liabilities that may not be excluded under applicable law.

 

7.2     The limitations and exclusions of liability set out in this Section 7 and elsewhere in this disclaimer:

 

(a)     are subject to Section 7.1; and

(b)     govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

 

7.3     We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

 

7.4     We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

 

7.5     We will not be liable to you in respect of any loss or corruption of any data, database or software.

 

7.6     We will not be liable to you in respect of any special, indirect or consequential loss or damage.

 

8.  Variation

We may revise this disclaimer from time to time.  The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.

 

9.  Severability

9.1     If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue           in effect.

9.2     If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be        deleted, and the rest of the provision will continue in effect.

 

10.  Law and jurisdiction

The law that applies to these Terms and Conditions and to the orders relating thereto is UK law. Any dispute that may arise concerning their validity, interpretation or performance that cannot be settled out-of-court by the Parties will be subject to the courts in the jurisdiction of London or the courts appointed by the common law provisions.

 

11.  Our Details

We are registered with HMR as Pawpaw Essentials.  You can contact us by email at sales@pawpawessentials.co.uk, by using our website contact form or by telephone 01386 792947.  We will be happy to talk to you about an queries that you have about the terms and conditions.  Please see our contact page.