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Terms of Use

TERMS OF SALE

 

BACKGROUND:

 

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Products are sold by Us to consumers through this website, www.pantyhosestudios.com (“Our Site”).

 

Please read these Terms of Sale carefully and ensure that you understand them before submitting an Order to Us/requesting an account with Us.  You will be required to read and accept these Terms of Sale when submitting an Order.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to submit an Order.

 

These Terms of Sale apply whether you are purchasing any of Our Products, are granted a Free Trial or Free Access.

 

Please note that by placing an order for Paid Content you are expressly acknowledging that, by accessing (e.g. downloading or streaming) the Paid Content, you will lose your legal right to cancel if you change your mind, and that you will not have any right to change your mind if you order Bespoke Goods – please see Clauses 8 and 11 for more information.

 

  1. Definitions and Interpretation

 

1.1       In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

 

“Bespoke Goods” means Products supplied to your specific requirements;

“Contract” means a contract for the purchase of a Product as explained in Clause 6;

“Free Trial” means a free trial of Product, accessed by the provision of a promotional code, for the specific product and for the specific period stated in the promotional code (as explained in Clauses 18 and 19);

“Free Access” means free access to Paid Content on the terms as agreed by us in writing (see Clause 20 for more detail);

“Goods” means any Product sold on Our Site that is not Paid Content or Bespoke Goods;

“Paid Content” means the digital content sold by Us through Our Site;

“Products” refers to any item purchased from Us that can include Bespoke Goods, Goods, Subscriptions and Paid Content, as the context permits;

“Single Transaction” means the one-off purchase of Paid Content;

“Subscription”means a subscription to a Subscription Package providing differing access to Paid Content;

“Subscription Package” means the level of Paid Content to which you will have access as part of your Subscription;

“Order” means an order for a Product made through Us or Our Site;

“Order Confirmation”means our acceptance and confirmation of your Order; and

“We/Us/Our” PantyHoseStudios, a trading name of AGS Together LTD, a company registered in England and Wales with Company number 11876419 and whose registered office is International House, 61 Mosley Street, Manchester M2 3HZ. Email [email protected]

 

  1. Restrictions

 

2.1       You must be at least 18 years of Age to be able to submit an Order to Us.

2.2       You will be required to register for an account in order to be able to submit an Order to Us.

2.3       We do not represent that content available on or through our site is appropriate for use or available in any country other than the United Kingdom and it is your responsibility to ensure that by accessing Our Site it does not contravene any local or national laws.

2.4       If you submit an Order for Goods that are to be delivered outside of the United Kingdom, some of these Terms of Sale will be varied, as set out at Clause 17.

 

  1. Business Customers

 

These Terms of Sale do not apply to customers purchasing Products in the course of business.  By submitting an Order you warrant that you are acting as a consumer i.e. not acting n the course of a business or trade.

 

  1. Accounts

 

Under the Digital Economy Act 2017, if and when the Age Verification Rules and Regulations come into effect:

  1. You will be required to produce proof of age and identity in order to open and Account and submit an Order to Us;
  2. If you already have access to an account, the account will be suspended until such time as the relevant proof of age and identity have been submitted to Us. You will not be able to submit Orders to view any Paid Content for the period that your account is suspended, and will not be entitled to any pro-rata refund during the period of suspension.
  3. If you have an account and fail to provide proof of age and identity within 28 days of our asking you for this, it will be deemed a material breach of these Terms of Sale and We will close your account without further notice to you and you will not be entitled to any pro-rata refund.

 

  1. Products, Pricing and Availability

 

5.1       We make all reasonable efforts to ensure that all descriptions of Products available from Us correspond to the actual Products that you will receive.

5.2       Due to the nature of the Products, some may have minor discrepancies and some Goods and vary in material and/or colour.

5.3       Where appropriate, you may be required to select the required model, colour, items and any other information required for Bespoke Goods.

5.4       If you order Bespoke Goods from Us, We will customise them to your specifications and requirements and will provide details of the information required from you.  Please ensure that all information that you provide to Us is correct, accurate, and complete.  We cannot accept the return of any Bespoke Goods if that return is due to incorrect information provided by you.  Please note that this does not affect your legal rights.

5.5       We cannot guarantee that Goods and/or Bespoke Goods will always be available.  Please see Clause 6.2.

5.6       We may from time to time change Our prices. Changes in price will not affect any Product that you have already purchased but will apply to any subsequent purchase or renewal of, or new Subscriptions.  If you have a Subscription, We will inform you of any change in price at least 28 days before the change is due to take effect.  If you do not agree to such a change, you may cancel the Contract as described in Clause 12.1.

5.7       Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues.  These changes will not alter the main characteristics of the Paid Content and should not normally affect your use of that Paid Content.  However, if any change is made that would affect your use of the Paid Content, suitable information will be provided to you.

5.8       In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid Content. If We do so, We will inform you at least 28 days before the changes are due to take effect.  If you do not agree to the changes, you may cancel the Contract as described in Clause 12.1.

5.9       Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to you before you purchased your Subscription to access the Paid Content.  Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.

5.10     We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any Order that you have already placed (please note Clause 5.14 regarding VAT, however).

5.11     All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order.  If the correct price is higher, We will give you the option to purchase the Product at the correct price or to cancel your Order (or the affected part of it).  We will not proceed with processing your Order in this case until you respond.  If We do not receive a response from you within 14 days, We will treat your Order as cancelled and notify you of this in writing.

5.12     If We discover an error in the price or description of your Order after your Order is processed, We will inform you immediately and make all reasonable efforts to correct the error.  We will then give the option to either continue with the purchase at the correct price, or provide a refund (for Goods and Bespoke Goods) or pro-rota refund (for Subscriptions).

5.13     If the price of a Subscription that you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

5.14     We are registered for VAT.  VAT Number 333299590

5.15       We will continue to supply Subscriptions until such time as you or We end the contract. This means that all Subscriptions will automatically renew without notice to you for the same period as the original Subscription (i.e. if your initial Subscription was for 6 months, every 6 months your Subscription will renew for a further 6 months until such time as this contract is terminated).

 

  1. Orders – How Contracts Are Formed

 

6.1       Save for Bespoke Orders (see Clause 6.2) Our Site will guide you through the process of purchasing a Product.  Before completing your purchase, you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.

6.2       If you wish to Order Bespoke Goods (either custom made Paid Content or worn items) then please email Us at [email protected].  We will ask you to choose your model, provide details of, where applicable, the content required for videos or photographs, the item or the amount of time an item is to be worn.  We will then either accept or reject the request.  An acceptance will amount to an Order Confirmation and the remainder of this Clause 6 will then apply.

6.3       If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end.  We will not be responsible for any delay in the availability of Products that result from you providing incorrect or incomplete information.

6.4       No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order to purchase a Product constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.

6.5       Order Confirmations shall contain the following information:

 

6.5.1    Subscriptions:

  1. Your Subscription Package including full details of the main characteristics of the Subscription and Paid Content available as part of it;
  2. Fully itemised pricing for your Subscription including, where appropriate, taxes, and other additional charges;
  3. The duration of your Subscription (including the start date, and the renewal date);
  4. Confirmation of your acknowledgement that the Paid Content will be made available to you immediately and that you will lose your legal right to change your mind and cancel upon accessing the Paid Content as detailed below in Clause 8.1;
  5. Details of how to access the Paid Content.

 

  • Single Transaction:
  1. Details of Paid Content you have purchased;
  2. Fully itemised pricing for Paid Content, where appropriate, taxes, and other additional charges;
  3. Details of any time-restrictions applicable to the Paid Content;
  4. Confirmation of your acknowledgement that the Paid Content will be made available to you immediately and that you will lose your legal right to change your mind and cancel upon accessing the Paid Content as detailed below in Clause 8.1;
  5. Details of how to access the Paid Content.

 

  • Bespoke Goods
  1. Details of the Product you have ordered;
  2. The approximate time that the Bespoke Goods will be sent to you or made available to you as Paid Content;
  3. Fully itemised pricing for the Bespoke Goods, where appropriate, taxes, and other additional charges and details of how to make payment;
  4. How to access the Bespoke Goods if they consist of Paid Content.

 

6.5.4    Goods other than Bespoke Goods

  1. Details of the Product you have ordered;
  2. The approximate time that the Goods will be sent to you, if the delivery time is to be more than 30 days;
  3. Fully itemised pricing for the Goods, and where appropriate, taxes.

 

6.6       In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why.  No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.

6.7       Any refunds under this Clause 6 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

6.8       Refunds under this Clause 6 will be made using the same payment method that you used when purchasing your Product.

 

  1. Payment

 

7.1       Payment for Subscriptions and Single Transactions must always be made in advance.  Your chosen payment method will be charged when we process your Order and send you an Order Confirmation (this usually occurs immediately and you will be shown a message confirming your payment).

7.2       The methods of payment that We accept are set out on Our Site.

7.3       Payment details for Bespoke Items will be as set out on the Order Confirmation.

7.4       If you do not make any payment due to Us on time, We will suspend your access to the Paid Content.  For more information, please refer to Clause 8.8.8.  If you do not make payment within 7 days of Our reminder, We may cancel the Contract.  Any outstanding sums due to Us will remain due and payable.

 

  1. Provision of Products

 

8.1       Paid Content:

8.1.1    The provisions of this Clause 8.1 do not apply to Bespoke Goods consisting of Paid Content – please refer to Clause 8.2.

8.1.2    Paid Content appropriate to your Subscription or Single Transaction will be available to you immediately when We send you an Order Confirmation.

8.1.3    Paid Content under your Subscription will continue to be available for the duration of your Subscription (including any renewals), or until you end the Contract.

8.1.4    Paid Content for a Single Transaction will be available for at least 12 months.

8.1.5    By placing an Order for a Subscription or Single Transaction, you expressly acknowledge that you wish the Paid Content to be made available to you immediately and that by accessing (e.g. downloading or streaming) the Paid Content, you will lose your legal right to cancel if you change your mind (the “cooling-off period”).  Please see Clause 11.1 for more information.

8.1.6    In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:

  1. To fix technical problems or to make necessary minor technical changes;
  2. To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;
  3. To make more significant changes to the Paid Content, as described above in Clause 5.7 and 5.8.

8.1.7    If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 8.1.6, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform you as soon as reasonably possible after suspension).  You will not be charged while availability is suspended and your Subscription will be extended by a period equivalent to the length of the suspension (unless the period of suspension is less than 7 days].  If the suspension lasts (or We tell you that it is going to last) for more than 30 days, you may end the Contract as described below in Clause 12.2.

8.1.8    We may suspend provision of the Paid Content if We do not receive payment on time from you.  We will inform you of the non-payment on the due date, however if you do not make payment within 7 days of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from you.  If We do suspend provision of the Paid Content, We will inform you of the suspension.  You will not be charged for any Paid Content while provision is suspended.

8.1.9    Any refunds under this Clause 8 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

8.1.9    Refunds under this Clause 8 will be made using the same payment method that you used when submitting your Order.

 

8.2       Bespoke Paid Content:

8.2.1    We will inform you within the Order Confirmation the approximate date of when the Paid Content will be made available to you.

8.2.2    As the Paid Content is being made to your specific requirements, by placing an Order you expressly acknowledge that you will lose your legal right to cancel if you change your mind (the “cooling-off period”). Please see Clause 11.1 for more information.

8.2.3    We will contact you once the Paid Content is available for you to access via the Website.

8.2.4    Clauses 8.1.6 and 8.1.7 apply to Bespoke Paid Content.

 

8.3       Bespoke Goods (that are not Paid Content):

 

8.3.1    We will inform you within the Order Confirmation the approximate date of when the Bespoke Goods will be made available to you.

8.3.2    As Bespoke Goods are provided to your specific requirements, by placing an Order you expressly acknowledge that you will lose your legal right to cancel if you change your mind (the “cooling-off period”). Please see Clause 11.2.4 for more information.

 

8.4       Goods that are not Bespoke Goods:

 

8.4.1    Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control).

 

8.5       Delivery of Goods and Bespoke Goods:

 

8.5.1    If We are unable to deliver the Goods and/or Bespoke Goods on the delivery date, the following will apply:

  1. If no one is available at your delivery address to receive the Goods and/or Bespoke Goods and the Goods and/or Bespoke Goods cannot be posted through your letterbox (or left in a safe place nominated by you), We will leave a delivery note explaining how to rearrange delivery or where to collect the Goods and/or Bespoke Goods;
  2. If you do not collect the Goods and/or Bespoke Goods or rearrange delivery within 7 days, We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods and/or Bespoke Goods.  If this happens, in the case of Goods, you will be refunded the purchase price of those Goods themselves, but not the cost of delivery.  In the case of Bespoke Goods, you will not receive any refund. We may also bill you for any reasonable additional cost that we incur in recovering the Goods and/or Bespoke Goods.

8.5.2    Delivery shall be deemed complete and the responsibility for the Goods and/or Bespoke Goods will pass to you once We have delivered them to the address you have provided (including, where relevant, any alternative address or in accordance with any delivery instructions given to us).

8.5.3    Ownership of the Goods and/or Bespoke Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).

8.5.4    Any refunds due under this Clause 8.5 will be made using the same payment method that you used when ordering the Goods and/or Bespoke Goods.

 

  1. Licence

 

9.1       When you purchase Paid Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content for personal, non-commercial purposes. The licence granted to you does not give you any rights in Our Paid Content (including any material that We may licence from third parties) whether or not that Paid Content is made specifically for you.

9.2       The licence granted to you under sub-Clause 9.1 is subject to the following usage restriction:  You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).

 

  1. Problems with the Products

 

10.1     Paid Content

10.1.1  By law, We must provide digital content that is of satisfactory quality, fit for purpose, and as described.  If any Paid Content does not comply, please contact Us as soon as reasonably possible to inform Us of the problem.  Your available remedies will be as follows:

  1. If the Paid Content has faults, you will be entitled to a repair or a replacement.
  2. If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund.
  3. If you can demonstrate that the fault has damaged your device or other digital content belonging to you because We have not used reasonable care and skill, you may be entitled to a repair or compensation.

10.1.2  Please note that We will not be liable under this Clause 10 if We informed you of the fault(s) or other problems with particular Paid Content before you accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content in question is an alpha or beta version and We have warned you that it may contain faults that could harm your device or other digital content); if you have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.

 

10.2     Goods and Bespoke Goods

 

10.2.1  By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided.  If any Goods and/or Bespoke Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods and/or Bespoke Goods, please contact Us at as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement. Please note that if Bespoke Goods are incorrect as a result of your provision of incorrect information, rather than them not matching Our description you will not be able to return those Bespoke Goods. Moreover, if you have ordered worn items then these may have faults that naturally occur during wear.  Otherwise, your available remedies will be as follows:

  1. Beginning on the day that you receive the Goods and/or Bespoke Goods (and ownership of them) you have a 30 calendar day right to reject them and to receive a full refund if they do not conform as stated above.
  2. If you do not wish to reject the Goods and/or Bespoke Goods, or if the 30 calendar day rejection period has expired, you may request a repair or replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you.  In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund.  If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods and/or Bespoke Goods.  If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
  3. If, after a repair or replacement, the Goods and/or Bespoke Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep them at a reduced price, or to reject them in exchange for a refund.
  4. If you exercise the final right to reject the Goods and/or Bespoke Goods more than six months after you have received them (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods and/or Bespoke Goods.

10.2.2  Please note that you will not be eligible to claim under this Clause 10.2 if We informed you of the fault(s), damage or other problems with the Goods and/or Bespoke Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods and/or Bespoke Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods and/or Bespoke Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.  Please also note that you may not return Goods and/or Bespoke Goods to Us under this Clause 10.2 merely because you have changed your mind.  Please refer to Clause 11.2 for more details.

10.2.3  To return Goods and/or Bespoke Goods to Us for any reason under this Clause 10.2, please contact Us at [email protected]to arrange for a collection and return. We will be fully responsible for the costs of returning Goods and/or Bespoke Goods under this Clause 10.2 and will reimburse you where appropriate.

 

10.3     Refunds (whether full or partial, including reductions in price) under this Clause 10 will include all delivery costs where applicable and will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund and made using the same payment method that you used when submitting an Order.

10.4     For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

  1. Cancelling

 

11.1     Subscriptions and Single Transactions

11.1.1  If you are a consumer in the European Union, by default you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason, including if you have changed your mind, and receive a refund.  The period begins once We have sent you your Order Confirmation (i.e. when the Contract between you and Us is formed) and ends when you access (e.g. download or stream) the Paid Content, or 14 calendar days after the date of Our Order Confirmation, whichever occurs first.

11.1.2  After the cooling-off period, you may cancel your Subscription at any time, however subject to Clause 12, We cannot offer any refunds and you will continue to have access to the Paid Content for either (i) the remainder of your current Subscription (up until the renewal or expiry date, as applicable); or (ii) the expiry date under a Single Transaction, whereupon the Contract will end.

11.1.3  The cooling-off period does not apply to any renewal of a Subscription.

11.1.4  If you wish to exercise your right to cancel under this Clause 11, we have set out below a Cancellation Form which you are required to complete and submit.  Please allow up to 6 business days for your Cancellation to be processed. If your cancellation is a Subscription, the cancellation form must be received at least 6 business days prior to the renewal of your subscription. Please find the cancellation form attached here.

 

11.2     Goods

11.2.1  If you are a consumer in the European Union, you may have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason, subject to the exceptions stated below (including, but not limited to, Bespoke Goods).  This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed.  You may also cancel for any reason before We send the Order Confirmation.

11.2.2  If Goods are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.

11.2.2  If Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.

11.2.3  If you wish to exercise your right to cancel under this Clause 11.2, you must inform Us of your decision within the cooling-off period. You may inform Us of your cancellation in any way you wish, however for your convenience We have set out below a Cancellation Form which please print off, complete and send it to the address on the form.  You can also contact us directly at [email protected].  Cancellation by email will be processed within 6 business days, once we receive the cancellation form.

11.2.4 Please note that Bespoke Goods do not qualify for the 14 calendar day cooling off period. You may only cancel after receiving Bespoke Goods if there is a problem with them (i.e. they are damaged or faulty , as set out in Clause 10.2.1, but you cannot cancel merely because you have changed your mind – See also Clauses 8.1.5, 8.2.2 and 8.3.2.

11.2.5  Please also note that you may lose your legal right to cancel under this Clause 11.2 in the following circumstances:

  1. If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them; or
  2. If the Goods consist of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software and you have unsealed the Goods after receiving them.

11.2.6  Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 11.2.

11.2.7  You may return Goods to Us by sending them to: AGS Together LTD, International House, 61 Mosley Street, Manchester M2 3HZ.  We would strongly recommend that you obtain proof of posting.  Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 11.2.

11.3     Refunds under this Clause 11 will be issued to you within 14 calendar days of the following:

  1. The day that you informed us you wish to cancel pursuant to Clause 11.2.1; or
  2. The day on which We receive the Goods back; or the day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 12.9.1) if you have cancelled pursuant to Clause 11.2; or
  3. If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.

11.4     Refunds under Clause 11.2 may be subject to deductions in the following circumstances:

  1. Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop).Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.
  2. Standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that We cannot reimburse for premium delivery.  We will only reimburse the equivalent standard delivery costs when issuing refunds under Clause 11.2.

11.5     Refunds under this Clause 11 will be made using the same payment method that you used when submitting an Order.

11.6     We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however, please note that you are under no obligation to provide any details if you do not wish to.

11.7     Subject to Clause 11.3, Refunds under this Clause 11 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel and will be made using the same payment method that you used when you submitted your Order.

 

  1. Your Other Rights to End the Contract

 

12.1     You may end the Contract at any time if We have informed you of a forthcoming change to your Subscription or the Paid Content (as described in Clauses 4.7 and 4.8), or to these Terms of Sale that you do not agree to.  If the change is set to take effect or apply to you before the end of your current Subscription, We will issue you with a pro-rated refund equal to the remaining time left in that Subscription.  If the change will not take effect or apply to you until the expiry of your current Subscription, the Contract will end at the end of that Subscription period and you will continue to have access to the Paid Content until that date.

12.2     If We have suspended availability of the Paid Content for more than 30 days, or We have informed you that We are going to suspend availability for more than 30 days, you may end the Contract immediately, as described in Clause 8.1.7.  If you end the Contract for this reason, We will issue you with a pro-rata refund.

12.3     If there is a risk that availability of the Paid Content will be significantly delayed because of events outside of Our control, you may end the Contract immediately.  If you end the Contract for this reason, We will issue you with a pro-rata refund.

12.4     Refunds under this Clause 12 will be made within 14 calendar days of the date on which your cancellation becomes effective, using the same payment method that you used when purchasing your Subscription.

12.5     If you wish to exercise your right to cancel under this Clause 12, you may inform Us of your cancellation in any way you wish, however for your convenience We have set out below a Cancellation Form which please print off, complete and send it to the address on the form.  You can also contact us directly at [email protected]. Cancellation by email will be processed within 6 business days, once we receive the cancellation form.

 

  1. Our Liability to Consumers

 

13.1     We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

13.2     Our Products are intended for non-commercial use only. We make no warranty or representation that Our Products are fit for commercial, business or industrial use of any kind.  We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

13.4     Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

13.5     Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

 

  1. Events Outside of Our Control (Force Majeure)

 

14.1     We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

14.2     If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

14.2.1  We will inform you as soon as is reasonably possible;

14.2.2  We will take all reasonable steps to minimise the delay;

14.2.3  To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

14.2.4  We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Paid Content, Goods and/or Bespoke Goods as necessary.

 

  1. How We Use Your Personal Information (Data Protection)

 

15.1     All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

15.2     For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookies Policy. <<insert link>>

 

  1. Other Important Terms

 

16.1     We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

16.2     You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission.

16.3     The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

16.4     If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.

16.5     No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

16.6     We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see sub-Clause 12.1 above).

 

 

  1. Additional/Varied terms for Goods to be delivered outside of the UK

 

17.1  The timing and the cost of delivering will be as shown on the order.

17.2  You are responsible for payment of any import tax, local duties etc. that may be payable upon import and/or delivery of the Goods.

17.3  The Goods will be deemed delivered if, for any reason, they are seized by any import or other government body due to the non-payment of import or any other tax or duties.

17.4  You will also be responsible for paying any duties or tax payable on the goods if they are returned to us when they are delivered back to the UK.

17.5  If you cancel this Contract for Foods that have been delivered outside of the European Union we will reimburse to you the cost of the Goods once you have returned them to us, but not the cost of delivery.   BUT WE WILL DEDUCT THE ORIGINAL DELIVERY COSTS EVEN IF WE HAVE NOT CHARGED THESE TO YOU IN THE FIRST INSTANCE

 

  1. Discounts and promotions

 

18.1  Occasionally We may offer promotions or special offers on some of our Products.  All of Our promotional offers are available strictly for the time/product/offer stated on that promotion.

18.2     Details of how to activate a discount or promotion will be set out on Our Site.

18.3     Where We offer a promotion for a Free Trial, the offer will be solely for the Product as advertised, and for the length as advertised. Any Free Trial for a Subscription will automatically transfer to a paid Subscription at the end of the Free Trial Period (see Clause 19).

18.4     Only one promotional offer can be used per Order and per household.  A Free Trial can only be requested once per customer.

18.5     All promotions and offers are subject to availability.

18.6     We reserve the right to withdraw and/or discontinue any promotion or offer at any time without notice.

 

  1. Free Trials

19.1     You will be required to register for an Account in order to be able to request a Free Trial.

19.2     You may only request a Free Trial upon entering the correct discount code during the check-out process.

19.3     You may only ever request one Free Trial through Our Site (i.e. if you have a Free Trial for Paid Content, you may not request any other Free Trial for Paid Content or any other Product on Our Site).

19.4     The Free Trial will be for the period as stated in the promotion.

19.6     You may cancel a Free Trial at any time by closing your account.  If you do not cancel your Free Trial by the end of the Free Trial period, you will automatically be charged for a Subscription Package for the same length of time as the original Free Period and your Subscription will automatically renew as set out in Clause 5.15.

 

  1. Free Access

 

20.1     We may, from time to time, grant Free Access to our Paid Content in return for your agreeing to undertaking marketing of Our Site and the Products We provide and you will be bound by all of these Terms of Sale.

20.2     We will agree in advance, in writing, what marketing activities must be undertaken in order to obtain and maintain Free Access.

20.3     We reserve the right to withdraw Free Access at any time without notice.

20.4     When We refer to marking in this Clause 20, it means all and any verbal or written forms of marketing and includes all and any types of social media (including, but not limited to, Facebook, Instagram and Twitter).

20.5     Within any marketing, you must not submit, communicate or otherwise do anything that:

  1. is obscene, deliberately offensive, hateful or otherwise inflammatory;
  2. promotes violence;
  • promotes or assists in any form of unlawful activity;
  1. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
  2. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
  3. is calculated or is otherwise likely to deceive;
  • is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
  • misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 13.2);
  1. implies any form of affiliation with Us where none exists;
  2. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

20.6     Breach of Clause 20.5 could result in Our taking one or more of the following actions:

  1. suspend, whether temporarily or permanently, your account and/or your right to access Our Site;
  2. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
  3. take further legal action against you as appropriate;
  4. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
  5. any other actions which We deem reasonably appropriate (and lawful).

20.6     We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of this Clause 20.5.

 

  1. Law and Jurisdiction

 

21.1     These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

21.2     Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England& Wales.

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