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T&Cs

Terms & Conditions

1. Agreement to Terms and Conditions

1.1 Acceptance of Terms and Conditions

1.1.1 The website www.pjkombucha.com (“the website”) is owned and operated by PJ Kombucha Should this be me?, trading as PJ Kombucha. References to “we”, “us”, or “our” are references to PJ Kombucha. We are a Sole Trading Business registered with the Birmingham City Council and our registered office and address for correspondence is:

PJ Kombucha
Unit 5 Park Trading Estate
Park Road
Hockley
Birmingham
B18 5HB

1.1.2 Your use of this website and purchase of any products from this website is at all times subject to these Terms and Conditions. By accessing our website you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit our website immediately.

1.2 Changes to Terms and Conditions

1.2.1 We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the website after changes are made means that you agree to be bound by such changes.

1.3 Accounts and Billing

1.3.1 You can find the specific details regarding your subscription with PJ Kombucha including your next scheduled order, by logging into your account and clicking on the relevant section of the website.

1.4 Other applicable terms

1.4.1 In addition to these Terms and Conditions our Privacy Policy also applies to your use of the website and is, where relevant, incorporated by reference into these Terms and Conditions.

Website Use

2.1 You agree not to upload, post, email or 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 our services or to violate any of the procedures, policies or regulations of networks connected to this website.

2.2 All content and programming of the website is our property. 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.

2.3 You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.

2.4 You may not use the website for unlawful purposes or in any way that may damage our name or reputation or that of our affiliates.

2.5 It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the website and is compatible with the website.

2.6 We may, from time to time, restrict access to certain features, parts or content of the website, or the entire website, to users who have registered with us.

2.7 You are solely responsible for maintaining the confidentiality of your account and password, for all activity that takes place on your account, and for restricting access to your computer. We will not be held liable for any loss or damage that may result from your failure to do so.

2.8 The information contained in this website is for general information purposes only. We endeavour to keep the information contained on the website (other than User Material (as defined in clause 3.2 below)) up-to-date and correct, although there may be times when this is not the case. If you notice any issue with the information on the website, please contact us at hello@pjkombucha.com.

3. Intellectual Property Rights

3.1 Website

3.1.1 All intellectual property rights in or relating to the website (including our text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except where you are given a non-exclusive licence to use the intellectual property rights that you need to enable you to use the website in accordance with these Terms and Conditions, you are not given any 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 using the website.

3.1.2 “User Material” refers to all information and content that a user submits or enters to the website (including text, files, images, photos, video, sounds and musical or literary works). If you provide us with any feedback, reviews, suggestions, ideas or information (including in your User Material) regarding the website or our service (“Feedback”), you agree and acknowledge that you assign all rights in the Feedback to us and that we have the right to use any such Feedback in any way we see fit. Any Feedback you provide to us as will be regarded as non-confidential and non-proprietary. You agree that you will not provide to us any Feedback that you consider to be confidential or proprietary.

3.2 External Links

3.2.1 From time to time this website may also include links to other websites that we do not control. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content, privacy policies or operation of such linked website(s), or for anything provided (or not provided) by the third parties controlling such linked websites.

3.2.2 If you create a link to the website and we want you to remove it, we reserve the right to ask you to do so.

Joining Us

4.1 A purchase option for you is to register to set up an account with us by completing the registration form on the website.

4.2 In order to register an account you must be an individual and agree to comply with these Terms and Conditions. If you are registering on behalf of an organisation or company you must have the authority to bind that company. By creating an account, you are confirming that you are 16 years of age or older.

4.3 When signing up you need to provide:

4.3.1 your full name;

4.3.2 a valid and current email address;

your delivery address; and

4.3.4 your payment card details.

4.4 You warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge and belief. It is your responsibility to ensure the information in your account is updated regularly with any relevant changes.

4.5 We may refuse at our absolute discretion any application to join us or receive our services for any reason whatsoever.

4.6 You are responsible for all activities and purchases that occur under your account. You must notify us immediately if you know of, or suspect, that anyone has obtained access to your account or if you otherwise become aware of any unauthorised use of your account or other security breach.

5.Availability of Website

5.1 Although we aim to offer you the best service possible, we make no promise that our website services will be available all of the time, meet your requirements or be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.

5.2 Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email at hello@pjkombucha.com.

6.0 Subscriptions

6.1 When you subscribe on the website you will automatically be signed up to receive a regular delivery of our products (either weekly, fortnightly or monthly). You can manage and make changes to your orders at any time.

6.2 You may submit orders online at any time. The website allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections. You are given the opportunity to review the purchase option, delivery date and frequency of orders. The website allows you to review all the orders that you have already ordered from us.

6.3 Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in these Terms and Conditions.

6.4 No order is accepted from you until our website displays an order confirmation message.

7.0 Information about what our products contain

7.1 On each product page under ‘full ingredients’, we provide a list of the product’s ingredients. We also say if a product contains any of the following ingredients/substances which may cause allergies or intolerances:

      • 7.1.1 Cereals containing gluten and gluten products;
      • 7.1.2 milk/lactose;
      • 7.1.3 eggs;
      • 7.1.4 peanuts;
      • 7.1.5 nuts (i.e almond, hazelnut, walnut, cashew, pecan nut, brazil nut, pistachio nut, macadamia nut and queensland nut);
      • 7.1.6 celery;
      • 7.1.7 mustard;
      • 7.1.8 sesame seeds;
      • 7.1.9 soya or soybeans;
      • 7.1.10 fish.
    1. We include nutritional information relating to each product on our website on each product’s page.

Free or discounted offers

8.2 Except where otherwise stated, discounts and credits are available only once to any one person.

8.3 Except where otherwise stated, discounts and credits cannot be used in conjunction with any other offers.

8.4 You must have internet access and valid payment details to redeem a free or discounted offer.

8.5 For subscriptions, you will be charged the full price for your order, after your free or discounted offer. We will continue to bill you by your chosen payment method for the PJ Kombucha service until you cancel your order.

9. Payments

9.1 The price of products is as quoted on the website from time to time. Prices stated include delivery charges.

9.2 Payment services are provided by Stripe.

9.3 If your payment details change, your card provider may provide us with updated card details. We may use these new details for your future orders, in order to help prevent any interruption to the service. If you would prefer to opt out from this service, please contact us on sales@pjkombucha.com

9.4 You agree not to hold us responsible for banking charges incurred due to payments on your account.

9.5 We reserve the right to change the fees for any services at any time. We agree to notify you at least 30 days in advance of any change in fees. Please note that you can cancel at any time – see section 11 below.

9.6 Upon registering, reactivating your account, restarting regular deliveries, ordering one off orders or changing card details, a transaction may be sent to your bank to authorise or re-authorise it and prevent fraud. This transaction will either be for a zero value, or for a £1 payment which will be taken and then immediately voided. It is possible that your bank may temporarily register a £0 or £1 charge on your account balance.

Delivery and Return of Orders

10.1 All orders made before 3pm will be sent out for next day deliveries. All orders made after 3pm will be sent out the following day for next day delivery.

10.1 Orders can only be delivered to addresses within the United Kingdom (including Northern Ireland); this excludes PO Box addresses and BFPO addresses.

10.2 Boxes are delivered by your local postie. Proof of delivery is not obtained. Actual delivery times may vary for you depending on:

10.2.1 our stock availability;

10.2.2 your delivery address;

10.2.3 when you make your selection; and

10.2.4 circumstances impacting delivery by the postal service.

We reserve the right to use alternative delivery methods without prior notification.

10.3 You will not hold us responsible for any delays, outside our control, which relate to the delivery of boxes.

10.4 It is your responsibility to report all lost or undelivered boxes online within 7 days of the expected day of delivery.

10.5 If you are out when your order is delivered, your postie should leave a card at the address with information about collection or re-delivery. The postage provider will hold the box for 18 days before returning it to us and it is your responsibility to contact them to arrange receipt of the box as soon as you can. Due to the perishable nature of the drinks, we cannot be held responsible for refunding or replacing the order if this process has not been followed.

10.6 Where the above process is followed the following credit procedure applies:

10.6.1 Orders. Please report the problem to us via email: sales@pjkombucha.com Where an order is first reported as lost, a credit for half the price of the box is given as the box may still turn up. If the box is reported again as having not arrived, the remainder of the credit for that box will be given.

10.8 We reserve the right to cancel your subscription account with us if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.

10.9 If you are dissatisfied with any product you receive from us, please contact our customer services team on sales@pjkombucha.com. We retain the right to request a return of any faulty goods by recorded delivery to

PJ Kombucha
Unit 5 Park Trading Estate
Park Road
Hockley
Birmingham
B18 5HB

and the product will be inspected. If we request recorded delivery then we will pay for the cost of the postage on provision of the postage receipt. If the fault is agreed, a full refund will be given for the returned goods. Nothing in this section affects your legal rights.

10.10 If you place an order for multiple one-off orders, please be aware that they will still be sent via your local postie and may be subject to delays. We therefore cannot guarantee delivery on a specific day and will not be held liable for delays outside of our control.

11. Cancellation

11.1 As all our orders are sent by next day delivery, orders can only be cancelled before 3pm on the day of ordering. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, in time for this deadline.

11.3 We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and may be without notice.

11.4 We may cancel a contract under these Terms and Conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any technical error, any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack, war or similar force majeure event.

11.5 Due to the perishable nature of the goods we deliver, you do not have the right to cancel an order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

13. Limitations on Liability

13.1 Nothing in this clause 13 or otherwise in these Terms and Conditions shall exclude or in any way limit our liability for:

13.1.1 fraud or fraudulent misrepresentation;

13.1.2 death or personal injury caused by our negligence;

13.1.3 breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

13.1.4 under Part I of the Consumer Protection Act 1987; or

13.1.5 any other liability to the extent the same may not be excluded or limited as a matter of law.

13.2 None of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.

13.3 Subject to clause 13.1, in no event shall we be liable to you for any business losses. Any liability we do have for losses you suffer is strictly limited to the purchase price of the relevant products and to losses that were foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. Please note that this does not affect your statutory rights.

  1. Applicable Law

14.1 Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the courts of England and Wales.

  1. Assignment by Us

15.1 You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms and Conditions.

  1. No Waiver

17.1 If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions

  1. Force Majeure

18.1 We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.

  1. Third Party Rights

19.1 Nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.

  1. Contacting us

21.1 If you have any questions or concerns about our terms & conditions, or about any part of our service we are always happy to help.

You can:

PJ Kombucha
Unit 5 Park Trading Estate
Park Road
Hockley
Birmingham
B18 5HB

21.2 If you have been in touch and are unhappy with our final resolution, you can refer your complaint to an Alternative Dispute Resolution (“ADR”) provider. Although we have no obligation to use an ADR provider, you can find a list of certified providers here: tradingstandards.uk/advice/ADRApprovedBodies.cfm.

Alternatively, you can refer the complaint to the EU Commission’s Online Dispute Resolution (ODR) Platform at www.odreurope.com.

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