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Terms And Conditions

For consumer: These Terms and Conditions regulate the business relationship between you and us.  By using our website in any way, or by buying from us, you agree to be bound by them.

Who we are: prophetts.co.uk is Prophetts Soft Drinks LTD. Registered in England and Wales Reg:

You are: A visitor and/or a customer to our website.

“Carrier”	Prophetts Soft Drinks LTD or any person or business contracted by us to carry Goods and Services from us to you, whether all or part of the distance
“Our Website”	The entire computing hardware and software installation that is or supports Our Website
“Goods and Services”	Any of the goods and services we offer for sale on Our Website
“Content”	Information in any form published on Our Website by us or any third party with our consent

1. Our Contract with You

• 1.1 These Terms and Conditions apply:
• 1.1.1 so far as the context allows, to you as a visitor to Our Website; and
• 1.1.2 in any event to you as a buyer or prospective buyer of our Goods and Services.
• 1.2 Goods advertised may not be available.
• 1.3 We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase. That is when our contract is made. It is possible that the price may have increased from that posted on Our Website.
• 1.4 We reserve the right to amend these Terms and Conditions from time to time.  The Terms and Conditions that apply to you are those made available on Our Website on the day you order Goods and Services from us.
• 1.5 All descriptions, weights and sizes of Goods are those of the original manufacturers. Accordingly, any such description shall not form part of these Terms and Conditions.
• 1.6 If we do not have the Goods you have ordered in stock, we may offer you alternatives before we dispatch your order.  If this happens you may:
• 1.6.1 accept the alternatives we offer;
• 1.6.2 cancel your order;
• 1.6.3 Leave the order valid, but tell us to omit the out-of-stock item.
• 1.7 If we owe you money (for this, or any other reason), we will credit your account as soon as reasonably practicable.
• 1.8 Goods purchased are at your risk from the moment they are collected by the Carrier from our warehouse.

2. Price and Payment

• 2.1 You must pay us the full price of your order before we will leave any part of it at the delivery site.
• 2.2 Banking charges by the receiving bank on payments to us will be borne by us.  All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
• 2.3 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
• 2.4 You will pay all sums due to us under these Terms by the means specified without any set-off, deduction or counterclaim.

3. Information You Give Us

• 3.1 You agree that you have provided, and will continue to provide accurate up to date, and complete information about yourself.  We need this information to provide you with the Goods and Services.
• 3.2 We will use our reasonable endeavours to respond to any point of dissatisfaction by you provided you contact us within 60 days of purchase.
• 3.3 By submitting your email address to us you agree to receive marketing material from us from time to time.
• 3.3.1 You can unsubscribe or update your preferences at any time.
• 3.4 To comply with the new GDPR laws – if you do not wish to receive emails from us please let us know by unsubscribing, you may request any information we have on you and we will send it to you if requested, if you wish to remove any data from our system, please inform us by email ([email protected]).
• 3.5 By using our site you agree to the use of cookies to track site usage, abandoned basket & purchases for improvements and marketing purposes.

4. Delivery

• 4.1 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery. If you have specified delivery instructions on your order to leave safe, the Carrier will follow these instructions but neither the Carrier nor Prophetts.co.uk shall be held liable should the order go missing in whole or in part.
• 4.2 If we are not able to deliver your goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
• 4.3 We may deliver the goods in installments if the goods are not available at the same time for delivery.
• 4.4 Payment must be made in full upon delivery.

5. Taxes, Duties and Import Restrictions

• 5.1 We have no knowledge of, and no responsibility for, the laws in your country of residence.
• 5.2 You are responsible for purchasing Goods that you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country of residence.

6. Goods Returned

Because you are purchasing the Goods by mail order, you may have a right of cancellation. If you do, (and only if you do), these are the Terms which apply:

• 6.1 You must tell us you wish to cancel within 7 days of your receipt of the Goods;
• 6.2 In any event, you may not cancel orders for handmade, specially commissioned or personalized goods;
• 6.3 The Goods must be returned to us within 14 days of your telling us you wish to cancel:
• 6.3.1 With both Goods and all packaging in their original condition;
• 6.3.2 Securely wrapped;
• 6.3.3 Including our delivery documentation;
• 6.3.4 We Provide a free returns for errors on our part or damages.
• 6.3.5 Due to the nature of our products we cannot accept returns if you don’t “want” the products, however you can cancel, by informing us, at any time up to the day before delivery, before 3pm.
• 6.3.6 In the case that your order has already shipped and you wish a refund you must inform us on 0800 096 9395 to arrange the next course of action.
• 6.4 Upon receipt of the Goods, we will credit your account with the full purchase price of the Goods returned no later than 30 days from the date of receipt.
• 6.5 If you do not return the Goods to us, you are still liable to us for the cost.
• 6.6 We are under no obligation to collect or recover Goods from you, but if we do, our costs may be payable by you.

7. Disclaimers

• 7.1 We may make improvements or changes to Our Website, the Content, or to any of the Goods and Services, at any time and without advance notice.
• 7.2 You are advised that Content may include technical inaccuracies or typographical errors.
• 7.3 We give no warranty and make no representation, express or implied, as to:
• 7.3.1 the adequacy or appropriateness of the Goods and Services for your purpose;
• 7.3.2 the truth of any information given on Our Website;
• 7.3.3 any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;
• 7.3.4 compatibility of Our Website with your equipment software or telecoms connection;
• 7.3.5 compliance with any law;
• 7.3.6 Non-infringement of any right.
• 7.4 Our Website contains links to other websites.  We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
• 7.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
• 7.6 In any claim against us, our liability is limited to the value of the goods you have purchased which is the subject of the dispute.

8. Content and Intellectual Property Rights

• 8.1 Title, ownership rights, and intellectual property rights in the content whether provided by us or by any other content provider shall remain the sole property of us and / or the other content provider.  We will strongly protect its rights in all countries.
• 8.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as is expressly permitted in this agreement.
• 8.3 You may download or copy the content only for your own personal use, provided that you maintain all copyright and other notices contained in such content. You may not store electronically any significant portion of any content.

9. System Security

• 9.1 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of the installation
• 9.2 You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Website, or any software used on Our Web site, and that you will not permit any other person to do so.
• 9.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
• 9.4 Examples of violations are:
• 9.4.1 accessing data unlawfully or without consent;
• 9.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
• 9.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or ”crashing”;
• 9.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
• 9.4.5 Taking any action in order to obtain services to which you are not entitled.
• 9.5 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
• 9.5.1 any violation of system security as set out above;
• 9.5.2 your use of Our Website;
• 9.5.3 any other breach or violation of this agreement by you;
• 9.5.4 the infringement by you, or by any other user of the services using your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any of your communications.

10. Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Website, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

11. Contractual Limitation

Where we provide Goods or Services without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made.  Accordingly, there is no contractual or other obligation upon us in respect of any such Goods or Services.

12. Rights of Third Parties

Nothing in this Agreement or on Our Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.

13. Severability

If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

14. No Waiver

No waiver by us, in exercising any right, power or provision here under shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

15. Dispute Resolution

In the event of a dispute arising out of, or in connection with these Terms and Conditions, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

16. Force Majeure

We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

17. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales.