Terms and Conditions | Pukka Herbs

Terms and Conditions

1. These Terms

1.1 These terms and conditions (Terms) apply whenever you use our website or purchase goods through the website (Website).

1.2 We reserve the right, from time to time, with our without notice to you, to change these Terms at our sole discretion. The Terms applicable to your access to and the use of this Website will be the version that is current and displayed on the Website as at each date you access this Website. Your use of this Website after changes are made means that you agree to be bound by such changes. This version of the terms were adopted on 1 February 2021.

1.3 The Website, uk.pukkaherbs.com, is owned and operated by Pukka Herbs Limited (Pukka). Pukka is a company incorporated and registered in England & Wales under company number: 04275539. Our VAT number is: GB779394167. Our contact details are as follows:

Registered office:

100 Victoria Embankment

London

England

EC4Y 0DY

Our correspondence and principal office address is:

The Herb House

Block C

The Chocolate Factory

The Chocolate Quarter

Via Traversus

Keynsham

BS31 2GN

Please note, we have a separate address to which returned goods should be sent. Please see `Returns’ below.

1.4 Your use of our Website and the purchase of any products from our website is at all times subject to these Terms. By accessing our Website, you agree to the Terms as set out in the balance of this policy. If you do not agree to these Terms, please leave our Website immediately.

1.5 This Website is operated from the United Kingdom and is directed to consumers within the United Kingdom only. If you are resident outside of the United Kingdom, please visit your country specific Pukka website.

2. Photography and Product Descriptions

2.1 The photography of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of our products. Your product may vary slightly from those images.

2.2  The packaging of the product may vary from that shown in images on our website.

3. Product Content

3.1 We provide all product and ingredient information as is required by law on our packaging.

3.2 On each product page on our Website, we set out information about allergens together with such additional product information that we consider may be helpful in assisting you to make an informed decision.

3.3 Certain of our supplement products are not suitable for use if you are pregnant or any other circumstances. It is your responsibility to check the product information to ensure suitability. Pukka Consumer Care are happy to provide guidance where required, however, please note we do not provide medical or specific health related advice.

4. Orders

4.1 You may submit orders online at any time, however, our acceptance of your order will form a contract only when an order acceptance or confirmation message is displayed either onscreen or confirmed to you by email.

4.2 It is your responsibility to ensure that all contact and address information set out in the order is valid and correct. Incorrect information will or may affect your delivery. See `Delivery’ below.

4.3 If we are unable to accept your order, or we are unable to fulfil your order for any reason, we will inform you of this as soon as reasonably practicable. You will not be charged for the product and/or you will be refunded if a charge has been applied.

4.4 We will assign an order number to your order when it is accepted. It will help us if you can tell us the order number whenever you contact us about your order.

4.5 Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside mainland UK. Please see `Delivery’ for further details.

5. Free or discounted offers

5.1 From time to time we may offer free or discounted offers, either to members of the Pukka Collective or otherwise.

5.2 Unless otherwise stated, free offers, discounts and credits are available only once to any one person or household.

5.3 Unless otherwise stated, discounts and credits cannot be used in conjunction with any other offer.

6. Payment

6.1 The price of our product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.

6.2 It is always possible that some of the products we sell may be incorrectly priced. Where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept or process your order for delivery. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

6.3 We accept payment with all major credit and debit cards together with Shopify Pay, Apple Pay and Google Pay.

6.4 Payment will be deducted in full at the point that we accept your order.

7. Delivery

7.1 The costs of delivery will be as displayed to you on our Website. If you wish to view our delivery charges, please see the Delivery Schedule.

7.2 During the order process we will let you know when we will deliver the products to you. If the products you have ordered are in stock, we aim to deliver them to you as soon as possible and within the timeframes set out in our delivery schedule.

7.3 If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

7.4 If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the courier will advise you as to how to arrange a re-delivery.

7.5 For further information on delivery costs and options please see our delivery policy.

8. Returns

8.1 For most products bought through our website, you have a legal right to change your mind within 14 days and receive a refund.  These rights are set out under the Consumer Contracts Regulations 2013.

8.2 Provided the products delivered to you have not been opened and have not been used in whole or in part, you may elect to return them to us within the 14 day period commencing on the day following the day on which you received delivery. You will be responsible for the costs of returning the products to us and for ensuring they are correctly packed.

8.3 If you decide you want to change your mind and return the goods in accordance with clause 8.2 above, please contact our Customer Care team by using the Contact Us form for further advice.

8.4 Where the obligations set out in clause 8.2 and 8.3 have been fully complied with, we will refund you the price you paid for the products including delivery costs, by the method you used for payment.

8.5 We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then:

(a) If the products have been dispatched, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 8.3.

(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

8.6 If you are not satisfied with any product purchased through the Website, or if the product is damaged, incomplete or defective, please contact our Customer Care team by using the Contact Us form. Our Customer Care team will advise you of the next step, which may include the need to return the product to us, or, to facilitate a collection by us. At all times, this will be in accordance with your statutory rights and the Consumer Rights Act 2015.

8.7 Our returns address is:

Pukka Herbs

800-900 Quadrant

Ash Ridge Road

Bradley Stoke

BRISTOL

BS32 4QA

9. Privacy and Personal information

9.1 We will only use your personal information as set out in our Privacy Charter.

10. User Submissions and Acceptable use

10.1 Certain portions of the website may permit you to submit post, transmit or upload content created by you ("User Submissions"), which may include, without limitation, photographs, information, text, images, graphics, video, comments, suggestions, ideas (including product and advertising ideas), posts to blogs/ social networks/ discussion forums, and communications with other Service users.

In connection with User Submissions, you agree that you will not submit User Submissions that:

  • include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights (including, without limitation, trademark, privacy and publicity rights) unless you are the owner of such rights or have express permission from their rightful owner to post the material and to grant the rights granted herein;

  • include any material that by itself, or by its use as permitted in these Terms of Use, infringes upon, misappropriates or violates the rights of any person or entity or any Applicable Laws;

  • are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;

  • contain advertisements or solicitations of any funds, goods or services;

  • is a communication by a user impersonating another user;

  • contains personal information, such as messages which identify telephone numbers, social security numbers, account numbers or addresses; or

  • could be considered bulk unsolicited communications.

10.2 You agree not to upload, post, email or to otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this Website. You also agree not to interfere with the servers or networks underlying or connected to this Website or to violate any of the procedures, policies or regulations of networks connected to this Website

10.3 All content and programming of the Website is the property of Pukka and its licensees. Except as may be permitted by law, notwithstanding contractual prohibition, you may not reproduce, modify, copy, de-compile or reverse engineer any of the materials, software or content on the Website without our written permission. Use of the Website is restricted to personal, non-commercial use only;

10.4 Where you have created an account, or joined the Pukka Collective, it is your sole responsibility to keep your account details safe and secure.

10.5 By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Submissions to Pukka Herbs through this Service, whether solicited or unsolicited, you agree that you are granting Pukka Herbs, its third-party service providers who provide the Service, and retail partners (collectively, the "Licensed Parties") a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate and otherwise exploit (collectively, "Use") such User Submissions for any purpose, including, without limitation, advertising, marketing and promotional purposes, in any media, now or hereafter known, even if these Terms of Use are later modified or terminated.

10.6 No credit, approval or compensation is due to you for any such Use of User Submissions you may submit. The Licensed Parties also have the right, but not the obligation, to Use your username (and real name, image, likeness, caption, location information or other identifying information, if provided in connection with User Submissions), in connection with broadcast, print, online or any other Use of your User Submissions. All User Submissions become the unrestricted licensed property of the Licensed Parties.

10.7 By submitting, posting, transmitting or uploading User Submissions through or to the Service, you authorize the Licensed Parties to make copies thereof and retain such User Submissions and copies as the Licensed Parties deem necessary to facilitate the Use of the User Submission.

10.8 You represent and warrant that neither the User Submissions, nor the Use of the User Submissions as permitted in these Terms of Use, will infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or any Applicable Laws, and that you have obtained all necessary rights for the grants to the Licensed Parties, including without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in the User Submissions. All User Submissions must comply with the User Code of Conduct set forth above.

10.9 Although the Licensed Parties are under no obligation to review or monitor User Submissions, the Licensed Parties reserve the absolute right to do so in their sole discretion. In addition, the Licensed Parties reserve the right to alter, edit, refuse to post or remove any User Submissions, in whole or in part, for any reason or for no reason. Pukka Herbs also reserve the right to terminate your Account if you violate any of these Terms of Use or our policies, as determined in our sole discretion. You agree that Pukka Herbs does not have any obligation to use or respond to any User Submissions. The Licensed Parties have no control over whether such User Submissions are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, the Licensed Parties expressly disclaim any responsibility for User Submissions.

10.10 If you are aware of any User Submissions on this Service which violate these Terms of Use, please contact us by filling out the contact form on the site. Please provide as much detail as possible, including a copy of the underlying material, the location where Pukka Herbs may find it, and the reason such User Submissions should be removed. Please note that filing a complaint will not guarantee its removal; Pukka Herbs will only remove User Submissions if Pukka Herbs believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section below entitled "Copyright Agent." In no event does Pukka Herbs assume any liability for failing to either monitor or remove specific User Submissions.

10.11 Pukka Herbs will fully cooperate with any law enforcement authorities or court order requesting or directing Pukka Herbs to disclose the identity of anyone posting User Submissions that violate these Terms of Use or any law or regulation. Pukka Herbs may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Pukka Herbs, its customers or the public.

11. Intellectual Property

11.1 All intellectual property rights in or relating to the Website (including our text, graphics, software, video, photography, trade marks and logos) are owned by us and our licensors (as appropriate). We grant to you a non-exclusive license to use the intellectual property rights that you need to enable you to properly use the Website in accordance with these Terms. You are not given any further rights in respect of the intellectual property rights owned by us or our licensors and you acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of use the Website.

11.2 “User Content” includes all information and content that a user submits or enters on the website when creating content within the Pukka Collective or otherwise. You agree and acknowledge that you assign all rights in the User Content to us and that we have the right to use such User Content in any way we see fit.

12. Third Party Content and Links

12.1 From time to time this Website may include links to third party websites. These may include a link to a social media site, or to a site which contains content that we think may be of interest to you.

12.2 We do not endorse or otherwise have any control over a third-party website. Use of any such website is subject to any terms and conditions published on such site and privacy policy.

12.3 If you create a link to a third party website in any User Content that you may create, we reserve the right to remove such link in our sole discretion.

13. Availability of Website

13.1 We cannot guarantee that our Website will be available at all times, that it will meet your requirements or be fault free. We will correct any fault as soon as reasonably practicable.

14. Limitation of Liability

14.1 Nothing in these Terms shall exclude or limit our liability for:

(a) Fraud;

(b) Death or personal injury; or

(c) Any other liability that cannot be excluded or limited as a matter of law.

14.2 In no event shall we be liable to you for any business losses. Any liability we have to you is strictly limited to the purchase price of the product.

14.3 Nothing in this clause 14 limits or restricts your statutory rights.

15. Applicable Law

15.1 These Terms and your use of this Website and any claim or dispute arising in connection with it shall be governed by English Law and subject to the exclusive jurisdictions of the Courts of England & Wales.