Welcome to the www.punchncuddle.com website (the "Website") Terms and Conditions. Punch’n’Cuddle Trading Ltd. ("we", "us" or "our") provides the services available on this Website and is also the supplier of the goods sold.
Our company’s registered address is 42 Doughty Street, London, WC1N 2LY. Punch‘n’Cuddle Trading Ltd. is registered in England with Companies House under the No. 6805501. We incorporated on 29 January 2009.
Your use of this Website is governed by the Terms and Conditions set out below. By using any part of this Website, and / or placing an order on the Website you agree to be bound by these Terms and Conditions.
1. Use of the Website – Eligibility
To be eligible to purchase goods on this Website and to lawfully enter into and form contracts on this Website under English law you must be the holder of a valid debit/credit card. You warrant that the personal information which you are required to provide when you purchase one of our products is true, accurate, and current in all respects. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
2. Placing an Order and Order Acceptance
Punch’n’Cuddle Trading Ltd. offers secure on-line transactions. You can select goods from the Website by choosing the item you want and add it to your shopping basket / cart.
You can monitor the total number of goods in your shopping basket / cart and your spending by checking the details displayed on your screen at any time.
When you have finished putting items in your shopping basket / cart you should proceed to the check-out area where you will be asked for details such as your billing address and delivery address.
Once you have placed your order, we will send to you an acknowledgement providing you with a payment reference and the value of your order which has been debited to your credit / debit card. This is not an order confirmation or order acceptance from Punch’n’Cuddle Trading Ltd.
Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the cancellation terms, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you.
To cancel your order after it has been dispatched to you, you will need to follow the returns policy set out below.
We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment or if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time.
We cannot – at this time – accept orders from outside EU countries. We anticipate to be able to do so, however, over the course of 2012.
If we are unable to fulfill your order following our order acknowledgement, we will contact you by email or telephone advising you of this.
3. Descriptions of Products
We will take all reasonable care to ensure that all details, descriptions, and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system.
Although we aim to keep the Website as up to date as possible, the information including product descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order.
We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy.
All prices indicated for products available via the Website are inclusive of VAT where applicable at current rates and are exclusive of delivery charges – outside Germany.
The total cost of your order is the price of the products ordered plus VAT and delivery charges as set out in the delivery section of the Website. Payment can be made by any of the methods specified in the checkout / payment section of this Website and payment will be debited and cleared from your account as set out in the payment section of this Website.
You confirm that the credit or debit card that is being used is yours. All credit / debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or subsequently refuses to, or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
Risk of loss or damage to the goods will pass to you on delivery of the goods.
7. Delivery and Postage
You will receive an electronic receipt of your purchase in the form of an email, with your reference number against each purchase. You should quote that reference number in case of queries.
Orders will normally be delivered by DHL Parcel Shipment approximately within 5-10 working days across Europe. However, this may take longer especially where delivery periods incorporate public holidays.
Goods will be sent to the address given by you in your order and stated in the order confirmation and will need to be signed for upon delivery. Orders may be delivered in one or more delivery.
Punch’n’Cuddle Trading Ltd. does not accept any liability whatsoever for delayed delivery caused by any third party. As soon as you have received the goods, you will assume all risk in the goods.
Please see Package and Postage for more details.
Upon receipt of the goods you must inspect the goods and you will be deemed to have accepted the goods unless you notify us that you have cancelled the order and / or you return the goods in accordance with the returns procedure.
If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date.
Your statutory rights are not affected.
If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact us at firstname.lastname@example.org.
9. Cancellations and Returns Policy
Please note that you may cancel a contract with us if you give us notice by email at any time before the expiry of a period of 7 working days beginning with the day after the day of delivery of the goods.
Should you wish to cancel your order before it has been dispatched, please email email@example.com. If your order has already been dispatched, please follow the procedure set out in the returns section.
Your statutory rights are not affected.
If you are not completely satisfied with your purchase, Punch’n’Cuddle Trading Ltd. will exchange or give you a full refund, provided that you return the items to us within the Return Period, in their original condition and packaging with all labels intact. Simply indicate the reason for your return, include the receipt with your return, and wrap the package securely.
YOU ARE RESPONSIBLE FOR THE COST OF RETURNING GOODS WHICH ARE NOT FAULTY.
Punch’n’Cuddle Trading Ltd. reserves the right to refuse to accept returned items not in their original condition, at Punch’n’Cuddle Trading Ltd.’s sole discretion.
Punch’n’Cuddle Trading Ltd. also reserves the right to make a charge for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order.
Your statutory rights are not affected.
Please post returns to the following address:
If you would like further information on our returns policy please e-mail us with your query at firstname.lastname@example.org.
10. Returning Faulty Goods
If your goods are faulty please contact Punch'n'Cuddle Trading Ltd. within 5 days of receipt of the Goods. We will supply you with replacement goods or a full refund of the purchase price and delivery costs where the goods are faulty.
‘Faulty’ means that a Punch‘n’Cuddle has a manufacturing fault or hidden defect, which was present at the time of delivery. A Punch‘n’Cuddle is not faulty if it has become damaged or faulty because of wear and tear, misuse, or accidental damage.
Please note that Punch'n'Cuddle Trading Ltd. checks the quality and workmanship of all goods very carefully prior to dispatch.
Please note that you are responsible for the Goods until they are returned safely to Punch'n'Cuddle Trading Ltd., therefore, Punch'n'Cuddle Trading Ltd. recommends that you send the goods by special delivery or some other form of insured postage.
International Customers should send faulty goods via a prepaid, insured, traceable method, marking a package clearly as “Returned Goods” to avoid delays at customs. Please retain your shipping documentation, so that we can complete your request in the event of items being lost in transit.
We will let you know as soon as we receive the goods, and will then endeavour to process your request for either a refund or replacement as quickly as possible. In some cases, this may take several days.
If you have requested a refund, or replacement of a lower value than the returned goods, a refund will be credited back to the payment card used to pay for the original order. We will let you know as soon as the refund has been processed.
If you have requested replacements of a higher value, any difference due to Punch'n'Cuddle Trading Ltd. will be charged to the card used to pay for the original order.
11. Accuracy of Information
We attempt to be as accurate as possible when describing products on the Website; however, to the extent permitted by applicable law, we do not warrant that product descriptions, colours, or other content available on the Website are accurate, complete, reliable, current, or error-free.
All items are subject to availability. We will inform you as soon as possible if the goods you have ordered are not available.
13. Intellectual Property
All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of Punch'n'Cuddle Trading Ltd., our affiliates, our partners, or our licensors, and is protected by UK and international copyright laws.
The trade marks, logos, and service marks displayed on the Website (collectively, the "Trade Marks") are the registered and unregistered marks of Punch'n'Cuddle Trading Ltd., our affiliates, our licensors, or our partners, in the UK, United States and other countries, and are protected by UK and international trade mark laws.
All other Trade Marks not owned by us, our affiliates, our partners, or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited licence in Section 14 below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
14. Limited Licence
We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Website. Please note that you may not frame or utilise framing techniques to enclose the Website or any portion thereof without our prior written consent.
The limited licence set forth in this Section 14 does not include the right to:
modify or download the Website or its contents (except caching or as necessary to view content); make any use of the Website or its Content other than personal use; create any derivative work based upon either the Website or its Content; collect account information for the benefit of another party; use any meta tags or any other "hidden text" utilising our name or the Trade Marks without our express written consent; or use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden, or load on our infrastructure.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website may:
a) link to, but not replicate, our Content;
b) not imply that we are endorsing such website or its services or products;
c) not misrepresent its relationship with us;
d) not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages;
e) not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
f) not use any trade mark without express written permission; and
g) not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
Any unauthorised use by you of the Website terminates the limited licence set forth in this Section 14 without prejudice to any other remedy provided by applicable law.
15. Third Party Links
We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.
We welcome inquiries or feedback on the products you use or might like to purchase; however, it is our policy to decline unsolicited suggestions and ideas.
Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas, or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.
17. Representations and Warranties: Limitation and Liability
The Website is presented "as is". We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement, or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any:
a) interruption of business;
b) access delays or access interruptions to the Website;
c) data non-delivery, misdelivery, corruption, destruction or other modification;
d) loss or damages of any sort incurred as a result of dealings with or the presence of off-Website links on the Website;
e) computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites;
f) any inaccuracies, omissions or misleading, false or deceptive statement in the content; or
g) events beyond our reasonable control.
Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred pounds (£100.00). Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law.
If the goods we deliver are not what you ordered or are damaged or faulty or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 5 working days of the delivery of the goods in question.
If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
If you notify a problem to us under this condition, our only obligation will be, at your option to make good any shortage or non-delivery; to replace or repair any goods that are damaged or faulty; or to refund to you the amount paid by you for the goods in question in whatever way we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business, or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as stated above.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import, or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
Notwithstanding the foregoing, nothing in these Terms is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Website. You also agree to indemnify us for any loss, damages, or costs, including reasonable legal fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Website and any purchase by you of any goods from Punch'n'Cuddle Trading Ltd. shall be submitted to confidential arbitration in London, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the English Courts, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator's award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in London, and all applicable provisions of this Section 19 shall apply.
If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable in whole or in part, then these Terms and Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms and Conditions by Punch'n'Cuddle Trading Ltd. shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms and Conditions.
No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms and Conditions as regards any of the times, dates, and/or periods mentioned herein.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
We reserve the right to change these Terms and Conditions at any time and we encourage you to revisit these Terms and Conditions periodically to ensure that you are at all times fully aware of our Terms and Conditions. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms and Conditions.
We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
We reserve the right to refuse to supply goods to any person for any reason whatsoever, to withdraw any goods from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any goods from this Website whether or not such goods have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding; or suspending any transaction after processing has begun.
If you have any questions regarding these Terms and Conditions, please contact us by email at email@example.com.
22. Governing Law
Your use of this Website and any purchase by you of any goods from Punch'n'Cuddle Trading Ltd. shall be governed by English law and the parties hereto submit to the exclusive jurisdiction of the English courts.