Terms & Conditions

Power Press Coffee ONLINE TERMS OF USE

Last revised: 9th October 2019

Please read the following important terms and conditions before you buy anything from us on our Site and check that they contain everything which you want and nothing that you are not willing to agree to. These terms and conditions apply to customers who are acting as "Consumers" as defined by The Consumer Rights Act 2015 and those who are businesses. If you are in any doubt as to which clauses apply to you, please let us know.

Summary of some of your key rights if you are a Consumer:

If you are a Consumer and. if there is something wrong with your goods, the remedies for goods will apply. In practice, there may be some overlap between the remedies available to you and we will try to agree with you the most appropriate course of action.

Summary of some of your key rights (goods):

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan  (which for ground coffee is 30 days from your order being confirmed) of your product you're entitled to the following:

·        up to 30 days: if your goods are faulty, you can get a refund;

·        up to six months: if your goods can't be repaired or replaced, then you’re entitled to a full refund in most cases;

·        up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.

 

You DON'T have a legal right to refund or replacement just because you change your mind, BUT please ask us about our returns policy as we may still be able to help.

 

Please note that, if you are not a Consumer and are ordering goods or services from us in a business capacity, a "Business", the above rights do not apply.

 

Either way, whether you are a Business or a Consumer this contract sets out:

·                     your legal rights and responsibilities;

·                     our legal rights and responsibilities; and

·                     certain key information required by law.

In this contract:

·                     'Content' means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;

·                     Site means https://www.powerpresscoffee.com/;

·                     ‘We’, ‘us’ or ‘our’ means Power Press Coffee Limited, a limited company registered in Scotland (company number SC582684) having its registered office at Grahamstone Farm Cottage, Kinnesswood, Kinross, United Kingdom, KY13 9HU; and

 

·                     ‘You’ or ‘your’ means the person using our site to buy goods from us.

If you don't understand any of this contract and want to talk to us about it, please contact us by:

·                     email patrick@powerpresscoffee.com (Monday to Sunday 9am – 8pm); or

Who are we?

1                     Introduction

1.1                If you buy goods on our Site you agree to be legally bound by this contract.

1.2                This contract is only available in English. No other languages will apply to this contract.

2                     Using the Site

2.1                You agree that you are solely responsible for:

2.1.1            all costs and expenses you may incur in relation to your use of the Site; and

2.1.2            keeping your password and other account details confidential.

2.2                The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

2.3                We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at the email address detailed above.

2.4                We may prevent or suspend your access to the Site if you do not comply with any part of these terms, any terms or policies to which they refer or any applicable law.

3                     Information we give you

This clause 3 only applies if you are a Consumer:

3.1                By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:

3.1.1            see summary box below;

3.1.2            read the acknowledgement email (see clause 5.5.1); or

3.1.3            contact us using the contact details at the top of this page.

We will give you information on:

·        the main characteristics of the goods and services you want to buy;

·        who we are, where we are based and how you can contact us;

·        the total price of the goods and services including any taxes (or where this cannot reasonably be worked out in advance, the manner in which we will work out the price);

·        all additional delivery charges (or where this cannot reasonably be worked out in advance, the fact that such additional charges may be payable);

·        the arrangements for payment, delivery and the time by which we will deliver the goods;

·        the arrangements for payment, carrying out of the services, and the time by which we will carry out the services;

·        our complaint handling policy;

·        the fact that we are under a legal duty to supply goods that are in conformity with the contract;

·        our after-sales services; and

·        details of any commercial guarantees, of which there are none.

 

3.2                The key information we give you by law forms part of this contract (as though it is set out in full here).

3.3                If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

4                     Your privacy and personal information

4.1                Our Privacy Policy is available at [insert web address].

4.2                Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

5                     Ordering goods from us

5.1                Below, we set out how a legally binding contract between you and us is made.

5.2                You place an order on the Site by adding individual items to your cart and clicking on "checkout" then following through the checkout process until you click "purchase".

5.3                You can place an order on the Site to subscribe to receive the goods on a monthly basis by selecting your "grind type" and clicking on "subscribe" then following through the checkout process until you click "purchase" ("Subscription Plan").

5.4                Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so by contacting us at the email address on page 1. 

5.5                An order will not be accepted by us until you receive an acknowledgement from us ("Confirmation Email") which may take up to 1 working day to receive after you have placed the order.

5.5.1            Within this 1 working day period we may contact you to say that we do not accept your order. This is typically for the following reasons:

5.5.1.1       the goods are unavailable;

5.5.1.2       we cannot authorise your payment;

5.5.1.3       you are not allowed to buy the goods from us;

5.5.1.4       we are not allowed to sell the goods to you;

5.5.1.5       you have ordered too many goods; or

5.5.1.6       there has been a mistake on the pricing or description of the goods.

5.5.2            At the point of receiving the Confirmation Email:

5.5.2.1       a legally binding contract will be in place between you and us; and

5.5.2.2       we will dispatch the goods to you.

5.6                If you are under the age of 16 you  may not buy any goods from the Site.

5.7                In relation to any Subscription Plan, payment shall be taken from your bank account on the same date each month from the date your order was placed ("Payment Date").

6                     Right to cancel this contract

This clause 6 only applies if you are a Consumer:

6.1                You have the right to cancel an order within 14 days without giving any reason.

6.2                The cancellation period will expire after 14 days from the date of delivery of the goods to you but in the case of ground coffee which has a limited shelf life you cannot cancel the order after we send the Confirmation Email to you as by placing your order you are instructing us to grind the coffee to your order.

6.3                If you wish to cancel any Subscription Plan, you can do so at any point. If you cancel any Subscription Plan within 5 working days before the next Payment Date, then you will not be charged for the following month. If you cancel any Subscription Plan 5 days or less before the next Payment Date, then you will be charged for the following month and the goods shall be sent to you.

6.4                To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg email notification).

6.5                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.

7                     Effects of cancellation

This clause 7 only applies if you are a Consumer:

7.1                If you cancel this order in accordance with clause 6, we will reimburse to you all payments received from you, including the costs of delivery (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).

7.2                We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you or any goods which have been consumed in whole or in part.

7.3                We will make the reimbursement without undue delay, and not later than:

7.3.1            14 days after the day we received back from you any goods supplied; or

7.3.2            (if earlier) 14 days after the day you provide evidence that you have returned the goods; or

7.3.3            if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

7.4                We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

7.5                If you have received goods:

7.5.1            you shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired;

7.5.2            you will have to bear the direct cost of returning the goods; and

7.5.3            you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

8                     Delivery

8.1                We use DPD and Royal Mail to deliver our goods. If you place an order that weighs over 2kg then DPD will be used to deliver our goods.

8.2                We will let you know the cost of delivery when you place an order with us and you will be charged the full delivery cost when placing the order.

8.3                If the goods are sent by Royal Mail they will be sent second class postage. If sent by DPD, then you will receive an email or text message from DPD confirming that the order has been dispatched. This email or text will set out the estimated delivery date and time for your order.

8.4                If something happens which:

8.4.1            is outside of our control; and

8.4.2            affects the estimated date of delivery;

we will let you have a revised estimated date for delivery of the goods.

8.5                Delivery of the goods will take place when we deliver them to the address that you gave to us.

8.6                Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:

8.6.1            let you know;

8.6.2            cancel your order; and

8.6.3            give you a refund.

8.7                You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.

8.8                We do not make deliveries to any addresses outside of the UK.

9                     Payment

9.1                We accept the following credit cards and debit cards: VISA, Mastercard, Maestro, American Express and PayPal. We do not accept cash.

9.2                We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 4) or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

9.3                Your credit card or debit card will be charged when the order is made and for subscription plans please see clause 6.3.

9.4                All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:

9.4.1            Verified by Visa;

9.4.2            Mastercard®SecureCodeTM; or

9.4.3            American Express SafeKey.

9.5                If your payment is not received by us and you have already received the goods, you:

9.5.1            must pay for such goods within 14 days; or

9.5.2            must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.

9.6                If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.

9.7                Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clauses 6 and 7.

9.8                The price of the goods:

9.8.1            is in pounds sterling (£)(GBP);

9.8.2            includes VAT at the applicable rate; and

9.8.3            does not include the cost of delivering the goods.

9.9                Payment processing services on our Site are provided by Stripe Payment Europe Ltd, trading as Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement – United Kingdom (together, the "Stripe Terms"). By agreeing to these terms and conditions or continuing to place an order on our Site you agree to be bound by the Stripe terms, as the same may be modified or amended by Stripe from time to time; and you agree to provide us with accurate and complete information about yourself and authorise us to share with Stripe such information and transaction information related to your use of the payment processing services provided by Stripe as we consider appropriate.

10                  Nature of the goods

10.1             If you are a Consumer, The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:

10.1.1         are of satisfactory quality;

10.1.2         are fit for purpose; and

10.1.3         match the description, sample or model.

10.2             It is your responsibility to check that the product is satisfactory. Some of our goods are perishable and we recommend that those goods be used within the timescales outlined in clause 15.

10.3             We must provide you with goods that comply with your legal rights.

10.4             The packaging of the goods may be different from that shown on the Site.

10.5             While we try to make sure that:

10.5.1         all weights, sizes and measurements set out on the Site are as accurate as possible, there may be a small tolerance of up to 1% in such weights, sizes and measurements; and

10.5.2         the colours of our goods are displayed accurately on the Site, the actual colours that you see on your computer may vary depending on the monitor that you use.

10.6             Any goods sold:

10.6.1         at discount prices;

10.6.2         as remnants; or

10.6.3         as substandard;

will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

10.7             If we can't supply certain goods we will contact you to let you know that the goods you selected are not available and we will offer you a substitute of equal or better standard and value. You can refuse to accept such substitutes, in which case we will offer you a refund and let you know how long such offer remains open for.

11                  Faulty goods

This clause 11 only applies if you are a Consumer:

11.1             Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:

11.1.1         visit our webpage: https://www.powerpresscoffee.com/;

11.1.2         contact us using the contact details at the top of this page; or

11.1.3         visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.

11.2             Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

11.3             Please contact us using the contact details at the top of this page, if you want:

11.3.1         us to replace the goods;

11.3.2         a price reduction; or

11.3.3         to reject the goods and get a refund.

11.4             We shall not be liable if the goods do not have the health or performance benefits desired for you.

11.5             If you receive your order and it has been tampered with, we will provide you with a full refund and you may keep the goods, provided that evidence in a form satisfactory to us of the faulty goods is sent to us within 24 hours of the date of delivery.

12                  End of the contract

11.1        If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

11.2        If you are on a Subscription Plan you must give us 5 working days' notice to cancel your Subscription Plan.

13                  Limit on our responsibility to you, if you are a Consumer

This clause 13 only applies if you are a Consumer:

13.1             Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:

13.1.1         losses that:

13.1.1.1    were not foreseeable to you and us when the contract was formed; or

13.1.1.2    that were not caused by any breach on our part;

13.1.2         business losses; and

13.1.3         losses to non-consumers.

13.2             We do not make any claim regarding the health or performance benefits associated with the goods. We recommend that you seek independent medical advice in relation to any specific needs you may have.

14                  Limit on our responsibility to you, if you are a Business

This clause 14 only applies if you are a Business:

14.1             This extent of our liability under or in connection with the contract shall be set out in clause 14.

14.2             Subject to clause 14.4, our total liability shall not exceed the total price that has been paid by you in relation to the order or if you are on a Subscription Plan, shall not exceed the total price that has been paid by you over the previous 6 month period.

14.3             We shall not be liable for any consequential, indirect or special losses (whether direct or indirect) including but not limited to:

14.3.1 

14.3.2         loss of profit;

14.3.3         loss of use;

14.3.4         loss of contract;

14.3.5         loss of opportunity;

14.3.6         loss of performance;

14.3.7         loss of savings, discount or rebate (whether actual or anticipated); or

14.3.8         harm to reputation or loss of goodwill.

14.4             Notwithstanding any other provision of this contract, the liability of either you or us shall not be limited in any way in respect of the following:

14.4.1         death or personal injury caused by negligence;

14.4.2         fraud or fraudulent misrepresentation; or

14.4.3         any other losses which cannot be excluded or limited by applicable law.

15                  General limitations on our responsibility to you (if you are a Business or Consumer)

15.1             You acknowledge that the shelf life of the whole bean goods is 6 months from the date of order which will be displayed on the packaging of the goods, provided the goods are stored in accordance with any storage instructions contained on the packaging of the goods.

15.2             You acknowledge that the shelf life of the ground coffee goods is 1 month from the date of order which will be displayed on the packaging of the goods, provided the goods are stored in accordance with any storage instructions contained on the packaging of the goods.

15.3             We do not make any claim regarding the health or performance benefit associated with the goods and we shall not be liable for any dietary issues or allergic reactions to any goods supplied by us. All goods supplied by us contain a list of ingredients and it is your responsibility to check these prior to consumption.

16                   Ownership, use and intellectual property rights

16.1             The Site and all intellectual property rights in it including but not limited to any Content are owned by us. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these terms.

16.2             Nothing in these terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

16.3             The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.

17                  Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

18                  Variation

We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

19                  Disputes

19.1             We will try to resolve any disputes with you quickly and efficiently.

19.2             If you are unhappy with:

19.2.1         the goods;

19.2.2         our service to you; or

19.2.3         any other matter,

please contact us as using the contact details at the top of this page soon as possible.

19.3             If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:

19.3.1         let you know that we cannot settle the dispute with you; and

19.3.2         give you certain information required by law about our alternative dispute resolution provider.

19.4             This contract is governed by the law of Scotland.

19.5             If you are a Business, you and we agree that any dispute between you and us arising out of or in connection with out agreement (including non-contractual disputes or claims) will be dealt with by the Courts of Scotland.

19.6             If you are a Consumer, you and we agree that if you are a resident in part of the United Kingdom, any disputes between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will be dealt with by the courts located there and otherwise will be dealt will be dealt with by the Courts of Scotland.

20                  Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.