This page tells you information about us and the legal terms and conditions (Terms) on which we sell any of the Products (Products) listed on our site (our site) to you.
These Terms will apply when we sell the Products to you as a consumer or as a business and, as a business, when you register to be listed on the site. If you buy Products from any other source or are given Products, these Terms do not apply to you. Please read these Terms carefully and make sure that you understand them, before ordering any Products or registering on the site. Please note that before placing an order or registering you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site or register on it.
You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time as set out in clause 5. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
Last updated: 10th August 2016.
1. INFORMATION ABOUT US
1.1 We operate the website www.coffeecompanions.co.uk. We are Coffee Companions Limited, a company registered in England and Wales under company number 10104403 with our registered office at 33 Westgate Road, Newbury, Berkshire RG14 6AU which is also our main trading address. Our VAT number is 245 377 490.
1.2 Contacting each other:
(a) if you need to contact us to arrange a refund, discuss any complaints, or for any other reason, you can e-mail us at email@example.com or contact us by telephone on 0845 003 0630 or by pre-paid post to 33 Westgate Road, Newbury, Berkshire RG14 6AU. If you are emailing us or writing to us please include details of your order to help us to identify it.
(b) If we have to contact you for any reason, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
(c) When we refer, in these Terms, to "in writing", this will include e-mail.
(d) Any notice sent by e-mail or by post, will be effective from the date it is sent whether by e-mail or post.
2. RETURNS AND REFUNDS
2.1 You may only purchase Products from our site if you are at least 18 years old.
2.2 Our shopping pages will guide you through the steps you need to take to place an order for Products with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
2.3 After you place an order, you will receive an e-mail from us acknowledging that we have received it but this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 2.4.
2.4 We will confirm our acceptance of your order by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The contract between us will only be formed when we send you the Dispatch Confirmation.
2.5 If we are unable to supply you with a Product, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount charged as soon as possible.
2.6 If you request a refund we will:
(a) Refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop which would prevent us from selling them again. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) Make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product: 14 days after 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 11.6; or
(ii) if you have not received the Product: 14 days after you inform us you have changed your mind.
2.7 If you have returned the Products to us under clause 11.7 because they are faulty or mis-described or under clause 13.9, we will refund the price of the Products in full, together with any reasonable costs you incur in returning the item to us.
2.8 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
3.1 We may collect and process the following data about you:
(a) Information you give us. You may give us information about you by filling in forms on our site or by dealing with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, search for a product or place an order on our site. The information you give us may include your name, address, e-mail address and phone number.
(b) Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
(i) technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
(ii) information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); chat mats you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number; and
(iii) Order details – products, quantities, invoice and delivery address.
3.2 Information we collect about you. We will use this information:
(a) to ensure that content from our site is presented in the most effective manner for you and for your computer;
(b) to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
(c) to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
(d) to allow you to participate in interactive features of our service, when you choose to do so;
(e) as part of our efforts to keep our site safe and secure;
(f) to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
(g) to make suggestions and recommendations to you and other users of our site about chat mats or services that may interest you or them.
3.3 Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).
3.4 We may disclose your personal information to third parties:
(a) In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
(b) If Coffee Companions Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
(c) If we are under a duty to disclose or share your personal data in order to comply with any legal obligation or to protect the rights, property, or safety of Coffee Companions Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
3.5 We may share your information with selected third parties including analytics and search engine providers that assist us in the improvement and optimisation of our site.
3.7 All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
3.8 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. If we have given you a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
3.9 Our site may contain links to and from other websites such as other members of the Coffee Companions Scheme. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
3.10 The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
4.2 Similarly to the above, we may gather information about your general internet use by using a cookie file. Where used, these cookies are downloaded to your computer automatically. This cookie file is stored on the hard drive of your computer as cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and the service that we provide to you. All computers have the ability to decline cookies. This can be done by activating the setting on your browser which enables you to decline the cookies. Please note that should you choose to decline cookies, you may be unable to access particular parts of our site.
5. OUR RIGHT TO VARY THESE TERMS
5.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
5.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
5.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
6.1 Our estimated delivery date will be within 3-5 working days after the date of the Dispatch Confirmation.
6.2 Delivery of an order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
7. NO INTERNATIONAL DELIVERY
7.1 Unfortunately, we do not delivery to addresses outside the UK.
7.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK and payment must be made in sterling.
8. PRICE OF PRODUCTS
8.1 The prices of the Products will be as quoted on our site at the time you submit your order.
8.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
8.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
8.4 The price of a Product includes packaging and delivery charges.
9. HOW TO PAY
9.1 You can only pay for Products, or ongoing registration, on our site using our third party on line payment facilities.
9.2 Payment can be made directly to us without going through our site by prior arrangement with us.
9.3 Payment for the Products, and ongoing registration after the free period, is in advance.
10. OTHER IMPORTANT TERMS
10.1 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
10.2 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
10.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
10.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.5 Please note that these Terms are governed by English law. This means a contract for the purchase of Products and/or registration through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.
11. YOUR RIGHTS IF YOU ARE A CONSUMER
11.1 This clause 11 only applies if you are a consumer
11.2 As a consumer, you have a legal right to change your mind under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 11.4. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to change your mind and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
11.3 However, this right to change your mind does not apply in the case of Products which have been made to your specification or have been personalised for you.
11.4 Your legal right to change your mind starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the contract between us is formed. Your deadline for changing your mind for a single Product (which is not delivered in instalments on separate days) is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
11.5 If you have changed your mind, you just need to let us know that you have changed your mind. The easiest way to do this is to send us an e-mail containing your order number, name and address.
11.6 If a Product has been delivered to you before you decide to change your mind:
(a) you must return it to us without undue delay and in any event not later than 14 days after the day on which you tell us you wish to change your mind. You can send it back to our address shown in clause 1.2;
(b) unless the Product is faulty or not as described (in this case, see clause 11.7), you will be responsible for the cost of returning the Products to us.
11.7 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with our contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in clause 2.6 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
11.8 If we miss the 3-5 working day delivery deadline set out in clause 6.1 for any Products then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the Products; or
(b) you told us before we accepted your order that delivery within the delivery deadline was essential.
12. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 12 only applies if you are a consumer.
12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
12.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective Products under the Consumer Protection Act 1987.
13. IF YOU ARE A BUSINESS CUSTOMER
This clause 13 only applies if you are a business.
13.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to register and to purchase Products.
13.2 These Terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
13.3 You acknowledge that in registering on the site and/or ordering products you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
13.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
13.5 Our shopping pages will guide you through the steps you need to take to apply to register with us and to order Products. Our registration process allows you to check and amend any errors before submitting your application to us. Please take the time to read and check each page of the registration process.
13.6 When you register, you will be sent a welcome pack which will include information, stickers and leaflets. You can also order Products when you register which you can either give away or sell. Once registered, we will need you to hold a weekly Companions Hour to promote the scheme. After three months, you can continue with your listing by paying us a renewal fee of £10 plus VAT per month. You can discontinue your listing at any time by stopping payment of your monthly fee.
13.7 After you apply to register with us or place an order for Products with us, you will receive an e-mail from us acknowledging that we have received your application or order as the case may be. However, please note that this does not mean that your application and/or order has been accepted. Our acceptance of your application and/or order will take place as described in clause 13.8. The registration process costs £10 plus VAT which covers a free three month listing and a welcome pack.
13.8 We will confirm our acceptance of your application and/or order to you by sending you an e-mail that confirms that your registration and/or order has been accepted and that your welcome pack and/or Products have been dispatched (Dispatch Confirmation). The contract between us will only be formed when we send you the Dispatch Confirmation.
13.9 If we are unable to accept your application or supply you with a Product, we will inform you of this by e-mail and we will not process your application and/or order. If you have already paid for the Registration and/or Products, we will refund you the full amount including any delivery costs charged as soon as possible.
13.10 After registering with us you can choose to remove your listing from the site by not paying the monthly renewal fee or by notifying us 1 month in advance. There is no minimum contract period.
13.11 We reserve the right to remove your listing from the site if:
(a) we become aware that you are not holding weekly Companion Hours;
(b) you have done anything which in our opinion brings the Coffee Companions Scheme into disrepute;
(c) we become aware that you are no longer trading for any reason;
(d) we have received complaints about you; or
(e) we consider the content of your site to be inappropriate; and
(f) we have given you notice to rectify any of the above (where capable of remedy) which you have not complied with within 5 business days of the date of our communication to you,
in which case, you will immediately remove any materials suggesting a connection with the Coffee Companions Scheme from your premises and from your site or other promotional material.
14. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 14 only applies if you are a business customer.
14.1 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective Products under the Consumer Protection Act 1987.
14.2 Subject to clause 14.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
14.3 Subject to clause 14.1, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
14.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.