These terms and conditions apply to the use of and registration with our website www.pixieandjack.co.uk (the Website) to you. Please read these terms and conditions carefully before using or registering with our site. By using, logging into or registering with our site you agree to be bound by these terms. If you do not accept, or wish to be bound by these terms and conditions, please do not use or register with this Website.
1 Information about us
www.pixieandjack.co.uk is a site operated by Pixie & Jack Limited. We are registered in England and Wales under company number 8250760 and our registered office is Five Mile House, 128 Hanbury Road, Stoke Prior, Bromsgrove B60 4JZ. Our VAT number is 168011916.
2. Use Of Website and Intellectual Property Rights
2.1 You are permitted to use this Website, and any material or content contained in it, for your personal, non-commercial use only. Any other use of the Website is strictly prohibited. You may not print, download or copy extracts of our site, modify documents or related graphics on this Website in any way or use any graphics on this Website separately from the accompanying text. None of the material or contents contained in this Website may be reproduced, stored, transmitted, displayed, distributed, sold, commercially exploited, or included in any public or private electronic retrieval system or service and no derivative works may be made in relation thereto.
2.2 Unless otherwise stated, the copyright, trademarks and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by Pixie & Jack Limited or licensed to Pixie & Jack Limited. You are granted no rights in the copyright, trademarks and other intellectual property rights in any of the material on this Website.
3. Content and Access
3.1 We endeavour to ensure that the information on this Website is correct and complete; however, we do not warrant the accuracy and completeness of the information on this Website. The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. We exclude all representations, warranties, conditions and other terms which might have effect in relation to this Website. Information relating to the description and use of the Products is for information purposes only and no reliance should be placed on such information.
3.2 We reserve the right to make changes to the material on this Website, or to the Products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
3.3 While we try to make this Website available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond our control or in order to improve, update or amend the material on the Website. We do not promise that this Website will be error free or free from any harmful components.
3.4 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions. You must notify us immediately if you believe that your password is known by someone else or if it is likely to be used in an unauthorised manner. If so, you must change your password immediately.
3.5 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.
4.1 We are not responsible for indirect or consequential losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including, but not limited to, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings or loss of data. Where a jurisdiction does not permit exclusion of liability for indirect or consequential loss, our liability is limited to the fullest extent permitted by the applicable law in those jurisdictions.
4.2 Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by negligence, under section 2(3) of the Consumer Protection Act 1987, for fraud or fraudulent misrepresentation, or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
5. Acceptable Use Policy
5.1 You may use or register with this Website only for lawful purposes. You may not use or register with this Website in any way that breaches any applicable local, national or international law or regulation or in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. You also agree not to access without authority, interfere with, damage or disrupt any part of this Website or any software used in the provision of this Website.
5.2 You must not misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which this Website is stored or any server, computer or database connected to this Website. You must not attack this Website via a denial-of-service attack or a distributed denial-of service attack.
5.3 We will report any such breach of this provision to the relevant law enforcement authorities with whom we will co-operate by disclosing your identity to them. In the event of such a breach, your right to use or be registered with this Website will cease immediately.
5.4 We will not be liable for any loss or damage caused by a distributed denial-of- service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use or registration with this Website or to your downloading of any material posted on it, or on any website linked to it.
6 Links to and from other Websites
6.2 If you would like to create a link to the homepage of this Website, you may only do so in a way that is fair and legal, on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
6.2.1 there is no attempt to remove, distort or otherwise alter the size or appearance of or copy our trademarks or logos;
6.2.2 you do not in any way imply that we are endorsing any products or services other than our own;
6.2.3 you do not misrepresent your relationship with us nor present any other false information about us or our products or damage our reputation or take advantage of it;
6.2.4 you do not otherwise use any of our trademarks displayed on this Website without our express written permission;
6.2.5 you do not link from a website that you do not own; and
6.2.6 your website does not contain content that is distasteful, offensive, controversial or which infringes any intellectual property rights or other rights of any other person, or otherwise does not comply with all applicable laws and regulations.
6.3 Your website must comply in all respects with our acceptable use policy set out at Clause 10 below.
6.4 We reserve the right to revoke the right granted in this clause for breach of these terms and conditions and to take any action we deem appropriate.
7.1 This Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of this Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of this Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
7.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Contract that is caused by events outside our reasonable control (Force Majeure Event). Our performance under this Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under this Contract may be performed despite the Force Majeure Event.
7.3 If we fail, at any time during the term of this Contract, to insist upon strict performance of any of your obligations under this Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under this Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default by you shall not constitute a waiver of any subsequent or prior default.
7.4 If any of the provisions of this Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision will to that extent be severed from the remaining provisions which will continue to be valid to the fullest extent permitted by law.
7.5 This Contract, and any document expressly referred to in it, represent the entire agreement between us in relation to the subject matter of this Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into this Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to this Contract except as expressly stated. We intend to rely upon this Contract and any document expressly referred to in it in relation to the subject matter of this Contract. Any variations from this Contract must be confirmed in writing by both of us.
7.6 This Contract shall be governed by and construed in accordance with English Law. Disputes arising in connection with this Contract shall be subject to the exclusive jurisdiction of the English Courts.
8. Changes to these Terms
8.1 These terms and conditions may be updated and/or varied from time to time. You should check the Website regularly to review the most current terms and conditions.
8.2 You will be subject to the terms and conditions in force at the time that you use the Website.
9. Contact Us
9.1 We value your feedback on both our Website and our Products. Please do get in touch by:
Writing to Pixie & Jack Ltd, Five Mile House, 128 Hanbury Road, Stoke Prior, Bromsgrove, Worcs B60 4JZ.
Email at email@example.com
Quality of goods
We will make sure that all our goods comply with our Safety Standards.
Please inspect the goods when you receive them for defects or damage. If you find any defects or damage you must tell Amazon as soon as possible and they will arrange for the goods to be returned.
Our liability to you
We are only liable to you for losses which you suffer as a direct result of either our breach of these terms and conditions or by breaches of any laws. We are not responsible to you for any indirect losses that you may incur.
You may have other rights granted by law, and these Terms and Conditions do not affect these except if the two are inconsistent. If this is the case then these Terms and Conditions will override any other rights which you may have, unless this is not permitted by law. We would always be liable to you if:
we caused personal injury or death resulting from our negligence;
we committed fraud; or
any matter arises for which it would be illegal for us to exclude or to attempt to exclude our liability to you.
If you have any complaint about any of the goods please contact Amazon directly who will try and resolve it as soon as possible.
However, if we have a dispute regarding these terms and conditions, the courts will use English law to determine that dispute. If you wish to take legal action against us, as we are a UK company you should do so in the English courts only.