We are Apples and Pears Co
Our address is
PO Box 13140
Ingatestone
Essex
CM40YW
We can be contacted by email
You are a user of our website
Please read the terms and conditions (“Terms and Conditions”) set out below carefully before registering with us to but a subscription or ordering any Goods from this Website. When you order this Website you agree to be bound by these Terms and Conditions.
We appreciate that these Terms and Conditions may seem long and dull. Nevertheless, it is really important that you read the following provisions carefully. We have split the Terms and Conditions into the following sections to make it easier for you to navigate and read:
Definitions
How to Order
Cancellations and Returns
General Terms and Conditions
DEFINITIONS
1. Definitions
“Agreement” means to these Terms and Conditions, the Privacy Policy, and payment instructions provided to you;
“Privacy Policy” means the policy displayed on our Website which details how we collect and store your personal data;
“you”, “your” and “yours” are references to you the person accessing this Website, ordering goods or Subscriptions from the Website;
“we”, “us” and “our” are references to Apples and Pears Co; and
“Website” is a reference to our Website www.applesandpearsco.com
HOW TO ORDER
1.1. How to order with Apples and Pears Co
1.2. If you would like to place an order with us you may do so via the Website by clicking the “Purchase” button for the relevant item. Please ensure that you select the correct Product you are purchasing.
1.3. Any contract for the supply of a Funch Box from this Website is between you and us.
1.4. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide is your own credit or debit card.
1.5. You must be over 18 years of age to order at Apples and Pears Co.
1.6. When ordering from this Website you can open an account and provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
1.7. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
1.8. Any order that you place with us is subject to product availability and acceptance by us. When you place your order online we will send you an email to confirm that we have received it. If the The Apples and Pears Co item you ordered is not available we will also let you know by email. The contract for the sale of a product from Apples and Pears Co will be entered into at the time we notify you that your order has been accepted.
1.9. Please note that The Apples and Pears Co does not supply outside the United Kingdom.
1.10. We reserve the right to alter the Apples and Pears Co purchase available for sale on the Website and to discontinue any product line or service.
HOW TO ORDER
2. Using the products
2.1. You should ensure that all products are cleaned prior to use.
2.2. You should ensure that your partners are comfortable using the toys and products purchased from Apples and Pears Co before use and are consenting. Any guidance on the Apples and Pears Co website is purely indicative and your should always stop if anything feels too much. All our items are sold as theatrical novelty Items and are intended for adult use only.
2.3. You accept full responsibility for any personal injury to yourself or others or damage to any product due to use or misuse of the item. If you or your partners suffer from specific allergies you should check the ingredients used in the products we supply before use.
3. Delivery
3.1. Delivery periods quoted at the time of ordering are approximate only and may vary. We will always do our best to despatch deliveries on the scheduled date but this is not guaranteed. We will be delivered to the address nominated by you at the time of ordering.
3.2. All orders are delivered by a reputable courier. We will make every effort to deliver within the time stated however we will not be liable for any loss caused to you by late ordering.
3.3. No refunds of the delivery charge are made for late deliveries.
3.4. Incomplete orders must be notified to us as soon as possible following delivery and within 3 days of delivery. We will either arrange for the missing items to be delivered to you at no extra cost or offer you a discount on future boxes, at our discretion.
3.5. All risk from Apples and Pears Co shall pass to you upon delivery.
3.6. If you fail to accept delivery from Apples and Pears Co at the time it is ready for delivery or you do not provide us with appropriate instructions for delivery, Apples and Pears Co shall be deemed to have been delivered to you and all risk and responsibility in relation to Apples and Pears Co shall pass to you. You may be charged a re-delivery charge if a courier has to re-deliver your order.
3.7. We cannot be held liable for any damage, cost or expense incurred to the order or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
PRICES AND PAYMENT
4. Prices and Payment
4.1. All prices and terms listed on the Website are correct at the time of publication however we reserve the right to alter these in the future.
4.2. Prices are inclusive of value added tax unless otherwise stated on the Website.
4.3. Delivery charges will be added where this is stated on the Website.
4.4. We also reserve the right to alter or discontinue any product line. If we decide to change or discontinue
4.5. Payment for all online purchases may be made by credit or debit card.
4.6. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also do security checks to confirm it is you making the order.
CANCELLATIONS AND RETURNS
5. Cancelling a purchase
5.1. If you have made a purchased you have the right to cancel the order within 14 days without giving any reason.
5.2. The cancellation period will expire 14 days from the day on which the Purchase is delivered to you.
5.3 To exercise your right to cancel you must notify us immediately preferably by email. You must provide us with a clear statement of your decision to cancel this contract.
5.4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
5.5. We cannot guarantee that we will be able to stop your order once we receive notice of cancellation it may already have been despatched. In this case the Apples and Pears Co will need to be returned to us and you will need to follow the return instructions provided to you.
5.6. PLEASE NOTE THAT YOU ARE NOT ENTITLED TO CANCEL AND RETURN A FUNCH BOX WHERE ANY OF THE ITEMS HAVE BEEN USED.
5.7. Effects of Cancellation:
5.7.1. If you cancel this order, we will reimburse to you all payments received from you, including the costs of delivery, if it has not already been posted out (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
5.7.2. No refund will be given if any item/s of the order has been used by you. You can still get a refund on the unused items.
5.7.3. We will make the reimbursement without delay and not later than –
5.7.3.1. 14 days after the day we receive back from you the unused Purchase
5.8. We will make this reimbursement using the same means of payment as you used for the initial transaction.
5.9. You will have to bear the costs of returning the Purchase to us.
6. Returns for faulty or damaged purchases
6.1. In the unlikely event that an order arrives with you in a damaged condition or it has been tampered then please email us quoting your order reference code and attach photos. If you notify us of the fault as soon as possible following delivery of your purchase to you then we will arrange for replacement items to be sent to you.
GENERAL TERMS AND CONDITIONS
7. Your Information
7.1. Any information that you provide to us will be used in accordance with our Privacy Policy.
8. Linked Sites
There may be a number of links on our Website to third party Websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the services or goods that they may provide to you.
9. Complaints
We take complaints very seriously and aim to respond to your complaints within five (5) business days. All complaints should emailed to us.
10. Intellectual Property Rights
10.1. Ownership in, and all rights created in relation to the contents of this Website and any trade marks or marks used on the site vest in us absolutely unless otherwise indicated. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except where expressly invited to do so or indicated on our Website.
10.2. Ownership of the intellectual property rights in the design of the Apples and Pears Co vests in us absolutely. The products supplied at Apples and Pears Co are intended for your personal use and you have no right to copy, reproduce, licence, sell, distribute or otherwise deal with this material in any manner whatsoever without our express written consent.
11.1. GREAT CARE HAS BEEN TAKEN TO ENSURE THAT THE INFORMATION AVAILABLE ON THIS WEBSITE IS CORRECT AND ERROR FREE. WE APOLOGISE FOR ANY ERRORS OR OMISSIONS THAT MAY HAVE OCCURRED. WE CANNOT WARRANT THAT USE OF THE WEBSITE WILL BE ERROR FREE OR FIT FOR PURPOSE, TIMELY, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE WEBSITE AND WE DO NOT MAKE ANY WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED, RELATING TO FITNESS FOR PURPOSE, OR ACCURACY.
11.2. IF WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE TO YOU AS A RESULT OF SUPPLYING YOU WITH OUR SERVICES OR GOODS SUCH LIABILITY IS LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE RELEVANT SERVICE OR GOODS. WE EXCLUDE LIABILITY FOR LOSSES THAT WERE NOT FORESEEABLE TO BOTH PARTIES WHEN THE CONTRACT WAS FORMED AND LOSSES THAT WERE NOT CAUSED BY ANY BREACH ON OUR PART. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY OR DEATH ARISING AS A DIRECT RESULT OF OUR NEGLIGENCE.
11.3. WE DO NOT ACCEPT ANY LIABILITY FOR ANY DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, VIRUSES OR OTHER CONTAMINATION OR DESTRUCTIVE PROPERTIES TRANSMITTED TO YOU OR YOUR COMPUTER SYSTEM VIA OUR WEBSITE EXCEPT WHERE THIS HAS BEEN CAUSED BY OUR NEGLIGENCE.
11.4. WE SHALL NOT BE HELD LIABLE FOR ANY FAILURE OR DELAY IN DELIVERING GOODS WHERE SUCH FAILURE ARISES AS A RESULT OF ANY ACT OR OMISSION WHICH IS OUTSIDE OUR REASONABLE CONTROL SUCH AS AN ACT OF GOD OR THOSE OF THIRD PARTIES.
11.5. THE PRODUCTS SOLD BY US ARE PROVIDED FOR PRIVATE DOMESTIC AND CONSUMER USE ONLY. ACCORDINGLY, WE DO NOT ACCEPT LIABILITY FOR ANY LOSS OF INCOME OR PROFIT, LOSS OF DAMAGE TO PROPERTY AND/OR LOSS FROM CLAIMS OF THIRD PARTIES ARISING OUT OF THE USE OF THE WEBSITE OR FOR ANY PRODUCTS OR SERVICES PURCHASED FROM US.
11.6. WE HAVE TAKEN ALL REASONABLE STEPS TO PREVENT INTERNET FRAUD AND ENSURE ANY DATA COLLECTED FROM YOU IS STORED AS SECURELY AND SAFELY AS POSSIBLE. HOWEVER, WE CANNOT BE HELD LIABLE IN THE EXTREMELY UNLIKELY EVENT OF A BREACH IN OUR SECURE COMPUTER SERVERS OR THOSE OF THIRD PARTIES EXCEPT WHERE THIS HAS BEEN CAUSED BY OUR NEGLIGENCE.
11.7. THE GOOD SUPPLIED BY US ARE INTENDED FOR USE BY CONSENTING ADULTS ONLY. WE DO NOT ACCEPT LIABILITY FOR ANY INJURIES OR DAMAGE CAUSED DUE TO OUR CUSTOMERS USE OF THE PRODUCTS.
12. General
12.1. We may subcontract any part or parts of the services that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
12.2. We may alter or vary the Terms and Conditions at any time and any revised terms will be displayed on our Website.
12.3. The Terms and Conditions together with the Privacy Policy and payment instructions constitute theentire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.
12.4. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
12.5. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
12.6. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
12.7. It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.
July 2020.
13.0 THAT YOU HAVE READ THE DISCLAIMERS THAT FORM PART OF OUR TERMS AND CONDITIONS.