Please read our terms and conditions (“Terms and Conditions”) set out below carefully before ordering any Goods or Services from this Website. By ordering any Goods or Services from this Website you agree to be bound by these Terms and Conditions.

1.  Definitions

“Agreement” is a reference to these Terms and Conditions, the Privacy Policy, and any order form and payment instructions provided to you;

“Fixed Subscription” is a prepaid order for specific Goods, delivered in multiple shipments and with a fixed end date;

“Goods” is a reference to any goods which we may offer for sale from our Website from time to time;

“Ongoing Subscription” is a recurring order for certain Goods with your chosen shipment intervals, without a fixed end date;

“Privacy Policy” means the Privacy and Cookie Policy displayed on our Website which details how we collect and store your personal data;

“Service” or “Services” is a reference to any service which we may supply and which you may request via our Website;

“Subscription” or“Subscriptions” refer to both (or either of) the Fixed Subscription(s) and Ongoing Subscription(s);

“Subscription Portal” is the webpage that allows you to manage your Subscriptions. To access Subscription Portal you need to first log into your User Account and then go to ‘Manage Subscription’;

“User Account” is the account created by you for a specific email address and password, upon any order for Goods, or separately via account sign up page in our Website;

“you”, “your” and “yours” are references to you the person accessing this Website and ordering any Goods or Services from the Website;

"Piacha", “we”, “us” and “our” are references to Piacha Ltd, c/o CS 3^rd Floor, 3 Fizthardinge Street, London W1H 6EF, and “Website” is a reference to our Website www.piacha.co.uk and our Facebook pages www.facebook.com/piachatea on or via which we offer our Goods or Services.

2.  Ordering

2.1.  Any contract for the supply of Goods or Services from the Website is between you and Piacha Ltd. 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 and that you have sufficient funds to make the payment.

2.2 Goods and Services purchased from the Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.

2.3 Please note that some of our Goods may be suitable for certain age ranges only.  You should check that the product you are ordering is suitable for the intended recipient.

2.4 When ordering from the Website you will be asked to provide an email and, optionally, to create a User Account with a password. You must ensure that you keep these details secure and do not provide this information to a third party. You’ll need your email and password to log into the User Account later. Please note that even though the creation of User Account is optional, you will need one to log into the Subscription Portal that allows you to review and manage any Subscription(s).

2.5 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.

2.6 In our Website, you can purchase Goods and Services, or sign up to Fixed Subscriptions or Ongoing Subscriptions. To manage both kinds of Subscriptions and to terminate your order for any Ongoing Subscriptions you need to login to your User Account and Subscription Portal, and choose the Subscriptions you want to manage.

2.7 All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future.  We also reserve the right to alter the Goods or Services available for sale on the Website and to discontinue any product line or service.

2.8 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.This email confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your order. Once we have sent the order confirmation email we will then check availability. If the Goods are available and the details of the order are correct, we will send you an order acceptance email which constitutes an acceptance of your order, confirming the price of the Goods purchased and the fact that it has shipped.

2.9 If your order has not been accepted – since the Goods are not available or for any other reason – you will be notified of this in writing together with the reasons.

2.10 Order for a Fixed Subscription will also generate an automatic confirmation email, and a consequent acceptance email, as described in Clause 2.8. With such acceptance email of the order, the whole Fixed Subscription (including future deliveries) is deemed accepted. Consequently, upon each scheduled shipment date of the Fixed Subscription, we will only send you one email – the order confirmation – to confirm that the order is being processed for shipment.

3.  Prices and payment

3.1 All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. Prices are inclusive of the relevant value added tax but exclusive of delivery charges which will be added to your order. Sometimes our prices are inclusive of delivery charges. This will be communicated to you at the product pages where you make your order, and in our Website at www.piacha.co.uk/delivery.

3.2 Fixed Subscriptions are paid upfront for all of the deliveries, whereas Ongoing Subscriptions will be charged from your card separately for each shipment, first shipment upon your initial order and subsequent shipments always on the scheduled shipment date.

3.3 The total price for Goods or Services ordered, including delivery charges, will be displayed on the Website when you place your order. Prices for Fixed Subscriptions and Ongoing Subscriptions are additionally displayed via Subscription Portal, but prices there include delivery charges only for the UK deliveries. Delivery charges for other destinations are as quoted upon your initial order for a Subscription and on the Subscription Portal front page, and they are added into prices before your card is charged. Full payment must be made before Goods are dispatched or Services provided.

3.4 You must pay for your order before it is delivered and you can do so by debit or credit card. 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.

4.  Delivery

4.1 Delivery periods are quoted on our Website at www.piacha.co.uk/delivery but they are approximate only and may vary. Goods will be delivered to the address nominated by you at the time of ordering.

4.2 Time is not of the essence for the delivery of any Goods or Services supplied under this Agreement.

4.3 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. If the Goods are not delivered within the estimated delivery time which we quote, please contact us by email and we will try to ensure that you receive your order as quickly as possible.

4.4 No refunds of the delivery charge are made for late deliveries.

4.5 Incomplete orders must be notified to us as soon as possible following receipt and within 3 days of receipt. We will either arrange for the missing items to be delivered to you at no extra cost or refund you the original cost of the missing items.

4.6 All risk in the Goods shall pass to you upon delivery.

4.7 If you fail to accept delivery of the Goods at the time they are ready for delivery, or we are unable to deliver the Goods at the nominated time due to your failure to provide appropriate instructions, documentation, licences, consents or authorisations, then the Goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such Goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver the Goods shall be your responsibility and you shall indemnify us in full for such cost.

4.8 You must ensure that at the time of delivery of the Goods adequate arrangements, including labour and access where necessary, are in place for the safe delivery of the Goods. We cannot be held liable for any damage, cost or expense incurred to the Goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.

4.9 Where delivery is outside the UK, you may be liable to pay additional tax or duty once the Goods reach your country, and we shall not compensate you for any such tax. This may vary from country to country. Please contact your local customs office for more information.

4.10 Please note that Goods may be subject to inspection by your local customs office where delivery is outside the UK.

5.  Your information

5.1 Where we have requested information from you to provide Goods or Services you agree to provide us with accurate and complete information.

5.2 You authorise us to use, store or otherwise process your personal information in order to provide the Goods or Services to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Goods or Service to you. More information can be found in our Privacy Policy.

5.3 You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.

6.  Cancellations and returns

6.1 Cancellations:

6.1.1 You must notify us immediately if you decide to cancel your order preferably by email at team@piacha.co.uk, quoting your order number.

6.1.2 Goods: you can cancel the order 14 calendar days following receipt by you of the Goods, or in the case of a Fixed Subscription, 14 calendar days following receipt by you of the first delivery of the Goods. We cannot guarantee that we will be able to stop your order once we receive notice of cancellation as the Goods may already have been dispatched. In these cases the Goods will need to be returned to us.

6.1.3 Subscriptions: you can additionally skip or terminate any Ongoing Subscriptions through Subscription Portal, at any given time before the next scheduled shipment date (and before your credit card is charged). Note that such additional cancellation rights do not apply to Fixed Subscriptions. See details on Subscriptions management at piacha.co.uk/subscriptions-qa.

6.1.4 Services: you can cancel the order 14 calendar days from the day you ordered and paid for the Services unless you have requested us to commence the Services before the expiry of this period in which case the cancellation period expires when we begin providing the Services to you.

6.1.5 After you have notified us for your wish to cancel, you must ensure that the Goods are returned to us at our address given above, at your cost, by courier in good condition, unopened and unused, within 30 calendar days from the day you received them.

6.1.6 Once we have received the returned Goods, we will refund or re-credit your debit or credit card with the full amount which includes any initial delivery charges paid for the delivery of the Goods or the Services, as applicable. We will not refund you for the cost of delivery or collection when you return the Goods, unless they were faulty or damaged, and you return them to us in accordance with Clause 6.2.

6.1.7 Unless the Goods are faulty or damaged, we are unable to accept cancellations or returns on personalised/made to order or perishable Goods.

6.2 Returns where Goods are faulty:

6.2.1 It is our responsibility to supply you goods that meet your consumer rights. If you have any concerns that we have not met our legal conditions, please contact us. More specifically, email us at team@piacha.co.uk to inform us if your wish to return faulty Goods, quoting your order number and specifying the fault. The time limit for notification of cancellation is 14 calendar days following receipt by you of the Goods.

6.2.2 We try to select and package the Goods as well as possible to ensure they arrive in good condition. However, if the Goods arrive damaged or are not what you ordered, we will replace the Goods free of charge or provide a full refund as appropriate, if you return the Goods to us within 30 days of receipt.

6.2.3 All refunds or re-credits will be undertaken once we have received the returned Goods.

6.2.4 You must ensure that the Goods are returned to us at your cost by courier in good condition, unopened and unused. We recommend that all returned or cancelled Goods are returned using a reputable courier such as Parcel Force or DHL.

6.2.5 The cost of collecting or returning the Goods to us must be paid by you unless we agree that the Goods were faulty or damaged upon receipt by you.

7.  Linked sites

7.1.  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.

8.  Complaints

8.1.  We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to team@piacha.co.uk. 

9.  Limitation of liability

9.1 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.

9.2 We disclaim any and all liability to you for the supply of the Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.

9.3 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.

9.4 We shall not be held liable for any failure or delay in performing Services or 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.

9.5 The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, 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.

9.6 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 event of a breach in our secure computer servers or those of third parties.

10.  General

10.1 We may subcontract any part or parts of the Services or Goods 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.

10.2 We may alter or vary the Terms and Conditions at any time without notice to you.

10.3 Payment must be made at the time of ordering the Goods or Services from us. Failure to pay on time will result in either the cancellation of your order or a late payment charge which shall be calculated as interest on the amount due at a rate of 5% over our bank’s lending rate. Interest will be charged on a daily basis from the date of invoice to the date of actual receipt of payment in cleared funds.

10.4 The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire 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.

10.5 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.

10.6 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.

10.7 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.

10.8 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.

 

Last updated 27 October 2017