Terms and Conditions

Terms and Conditions of Sale

The terms below ("the Terms of Sale") govern the sale of goods from the www.luckypockets.com website ("the Website"). These Terms of Sale operate in addition to the terms and conditions of website use ("the Terms of Use"), which include the acceptable use policy and privacy policy. In the case of a conflict between the Terms of Use and the Terms of Sale the provisions of the Terms of Sale shall prevail.

Lucky Pockets at its absolute discretion can change prices, without notice to you, at any time. The prices will be those shown on the Website at the time you make your purchase. By placing an order with us, you will be deemed to have accepted the Terms of Sale existing at that time.

Defintions

"the Goods": means the goods which are to be sold under a contract of sale ("the Contract"), between the parties
"Lucky Pockets"/"we"/"us"/"our": means Ian Humphreys, trading as Lucky Pockets and www.luckypockets.com as a sole trader, and whose address is 11 Royd Terrace, Hebden Bridge, HX7 7BT, UK
"the Supplier(s)": means any person, firm, company, or organisation contracted by the Seller to supply or assist in the manufacture, supply or delivery of the Goods.
"You"/"your"/"yours": means you, the person, firm, company, or organisation buying the Goods subject to these Terms of Sale.

Formation of contract
1. The Contract shall be formed by our acceptance of an order placed by you for the Goods.
2. You will be deemed to have placed an order when we receive notification from our payment service provider of your payment.
3. We will be deemed to have accepted your order by sending an email confirmation ("the Confirmation") of your order directly to you.
4. Our acceptance of any order placed by you shall be subject to these Terms and Conditions which shall override any other document or any other communication (written or oral) between the parties, unless agreed in writing by us.
5. We may at our discretion add, vary or withdraw products listed on the Website, or on any other literature, electronic or otherwise, published by us, at any time without notice.
Basis of sale
1. All Goods are supplied subject to availability.
2. Any description given or applied to the Goods by us is given by way of identification only and the actual Goods delivered may differ slightly from those in any description. For reasons beyond our control, colours may vary slightly from those shown on the Website or otherwise shown to you at the time of ordering and we accept no liability for such variation. For the avoidance of doubt, you agree that you do not rely on any description when entering into the Contract.
3. Any errors or omissions on the Website, or on any other literature, electronic or otherwise, published by us shall be subject to correction, without any liability accruing to us.
4. You shall be solely responsible for the accuracy of all orders.
Prices
1. The price of the Goods shall be as shown on the Website.
2. We may vary the price(s) of any Goods on the Website at any time and without notice.
3. Delivery charges for the Goods are as stated on the Website prior to you placing an order and will be confirmed in the Confirmation.
4. The price of the Goods is inclusive of Value Added Tax (VAT).
Payment terms
1. You shall make full payment of the price of Goods ordered at the time of placing your order.
2. Payment shall be made online via our payment service provider only.
Despatch and delivery of Goods
1. We shall endeavour to despatch the Goods to you the next working day after receiving your order, although we do not guarantee despatch times. In any event, we shall deliver the Goods to you within 30 days of receipt of your order.
2. In the event that the Goods ordered by you are not available at the time the order is placed, we will notify you by email of their unavailability, and shall subsequently notify you as soon as possible of the estimated time for delivery of the Goods ordered. In the event that you do not wish to wait for the Goods to become available, you may cancel your order by emailing us at info@luckypockets.com or calling us on +44 (0)7939 013 544.
Inspection of Goods and action upon delivery
1. You shall inspect the Goods immediately on delivery and no claim for shortages or errors in delivery which would be evident on inspection will be considered by us unless you notify us by telephone or email quoting the delivery note or invoice number within 24 hours of the time of delivery.
2. We shall not consider any claims for non-delivery of Goods unless you notify such claims to us by telephone or email within 30 days of the date of the Confirmation.
3. In the absence of any such notification in accordance with Clause 6.1 or 6.2 we shall be deemed to have delivered the Goods in full to you.
Damaged or faulty Goods
1. You shall report damaged or faulty Goods immediately and in any event within 24 hours of receipt.
2. You shall retain any such Goods and their original packaging for inspection by us.
3. In the event that the Goods are damaged or faulty and subject to you having notified us in accordance with Clause 7.1, you may return the Goods to us, in their original packaging, to: Lucky Pockets, 11 Royd Terrace, Hebden Bridge, HX7 7BT, UK. The cost of returning the Goods shall be at your own expense.
4. We may replace the Goods or refund the price of the Goods at our sole discretion.
Returns and refunds - undamaged Goods
1. Undamaged goods shall not be returned by you without our prior agreement and in any event shall be returned at your sole expense and within 7 days of such agreement being confirmed in writing to you (which includes by email) by us.
2. Any Goods returned in accordance with Clause 8.1 must be in perfect condition, in their original packaging, and fit for resale otherwise you shall not be entitled to a refund.
3. This Clause 8 does not apply to damaged or defective Goods.
Liability
1. Our sole liability will be to replace or refund the price of damaged or faulty Goods.
2. Except for death or personal injury caused by us, we shall not be liable for any representation, implied warranty, condition or other terms or duty in common or at common law, for any consequential loss or damage, costs or expenses of whatever nature which arise from the supply of Goods or their use or resale unless expressly provided in these Terms.
Risk
1. Risk shall pass to you in all cases upon delivery or attempted delivery (in the event that you refuse delivery or your address cannot be found or accessed).
2. Risk in any Goods to be returned remains with you until the Goods are delivered to or collected by us.
Cancellation of order
1. You may cancel your order at any time prior to receipt of the Goods, and in any event within seven days following your receipt of the Goods.
2. You shall return the Goods to us at your expense.
3. If Goods returned by you are lost, we will not be liable to you in any way whatsoever.
4. If you do not return the Goods within 14 days of cancellation, or if you so request, we have the right to recover the Goods from you and to deduct the cost of such recovery from any refund to which you may be entitled.
5. We will only accept cancellation of orders by you in writing (which may include email) and if received at our principal place of business, 11 Royd Terrace, Hebden Bridge, HX7 7BT, UK or by email at info@luckypockets.com.
6. We will refund the amount paid by you for the Goods within 30 days from the day on which notice of cancellation is received. Refunds for valid claims will be made via the same method of payment as used by you to place the order.
Inability to supply
We shall not be liable to you for breach of contract by reason of delay or failure to perform any of our obligations if the delay or failure is to any extent due to a cause beyond our control including but not limited to war, fire, accident, breakdown of plant or machinery, industrial action/dispute (including strikes and lockouts), unavailability of or restrictions on supplies or disputes with Supplier(s), non-delivery or delay in the delivery of materials or other circumstances which directly or indirectly or hinder due performance of the Contract.
Third parties
The Contracts (Right of Third Parties) Act 1999 is excluded from applying to the Contract and nothing in these Terms confers or purports to confer on any third party any benefit or any right to enforce these Terms, in whole or in part.
Customer queries
All queries or complaints relating to orders should be addressed to: Lucky Pockets at 11 Royd Terrace, Hebden Bridge, HX7 7BT, UK, or by telephoning +44 (0)7939 013544 or by emailing info@luckypockets.com during office hours (Monday to Friday 9am to 5.30pm). We will endeavour to respond to your correspondence within 5 working days of receipt.
General
1. Failure or delay by us to enforce these Terms of Sale, or any part thereof, or any or seek remedy of any breach by you shall not be construed as a waiver of our rights to enforce the Contract and seek remedy for subsequent breach.
2. If any provision of these Terms of Sale is held invalid or unenforceable in whole or part this shall have no effect on the validity of the remaining provisions and conditions.
3. The Contract shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts.

Terms of Website Use

Introduction

These Terms of Use ("the Terms") shall apply to your use of the Lucky Pockets website at www.luckypockets.com.

By using the Lucky Pockets website you agree to be bound by the Terms set out below. If you do not wish to be bound by these terms and conditions, you should not use the Lucky Pockets website. We may change these Terms without notice from time to time so please check them regularly. Your use of the Lucky Pockets website will be deemed your acceptance of the Terms existing at that time.

Definitions

"Lucky Pockets"/"we"/"us"/"our": means Ian Humphreys, trading as Lucky Pockets and www.luckypockets.com as a sole trader, and whose address is 11 Royd Terrace, Hebden Bridge, HX7 7BT
"Users": means the users of the Website collectively and/or individually as the context admits
"Website": means the website located at www.luckypockets.com
"You"/"your"/"yours": means you, the user of the Website

Acceptable use

You agree that your use of the Website shall be in accordance with the following conditions: you will not copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever, any material on the Website except as is strictly necessary for your own personal non-commercial home use unless otherwise agreed in advance in writing with Lucky Pockets. You will not do anything that affects the operability or security of the Website or which causes unreasonable inconvenience or offence or disruption to our staff or Users.

We reserve the right not to process an order placed by you in the event that we decide, in our sole discretion, that you are in breach of these Terms of Use.

Intellectual property

All copyright, trade marks and all other intellectual property rights existing now or in the future, whether registered or unregistered, in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are not permitted to use our intellectual property or any Website material or content in any way whatsoever without our prior written consent.

Terms of use

You will not, and you will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of our material or content. If you become aware of any such distribution or commercial exploitation, you agree to notify us immediately.

Disclaimer

You agree that your use of the Website shall be at your own risk. To the fullest extent permitted by law, Lucky Pockets, its officers, employees and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. Lucky Pockets makes no warranties or representations about the accuracy or completeness of the Website’s content and assumes no liability or responsibility for any

(i) errors, mistakes or inaccuracies of content;
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and your use of the Website;
(iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein;
(iv) any loss or damage (whether such loss or damage was foreseen, foreseeable, known or otherwise) relating to:

(a) loss of data;
(b) loss of revenue or anticipated profits;
(c) loss of business;
(d) loss of opportunity;
(e) loss of goodwill or injury to reputation;
(f) losses suffered by third parties; or
(g) any indirect, consequential, special or exemplary damages arising from the use of the Website regardless of the form of action.

Limitation of liability

The content of the Website, including the information, names, images, pictures, logos and icons regarding or relating to Lucky Pockets, its products and services (or to third party products and services), is provided on an "as is" and on an "as available" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law.

We will endeavour to provide the Website using all reasonable care. Except as required by law, we shall not be responsible or liable for the quality, accuracy or fitness for a particular purpose of the Website and do not promise that the material contained on the Website, or any of the functions contained on the Website or its server will operate without interruption or delay or will be error free, free of viruses or bugs, or is compatible with any other software or material.

The Website is provided by Lucky Pockets from its facilities in England. Lucky Pockets makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own risk.

Third party websites

You acknowledge and agree that we are not responsible for the availability of any third party websites or material you access through the Website, and we do not endorse and shall not be liable for any content, advertising, products or services on or available from such websites or material.

Any dealings between you and any third party advertisers or merchants found on or via the Website, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made at your own risk between you and the relevant third party and we shall not be liable for any loss or damage of any kind incurred as the result of any such dealings.

Privacy

We shall comply with applicable data protection legislation from time to time in place in respect of any personal information relating to you gathered by us. You can check the information that we hold about you by logging on to the Website and checking your account, and you may update your personal information online. We [do not] currently use secure server software (SSL) to protect your personal information.

When you make a purchase, your card details are transferred directly to our payment service provider for immediate authorisation and are not recorded or stored in our database.

We will not sell or pass your personal information to any third party unless legally obliged to do so by law. We may use this information to send you our e-mail newsletter to keep you informed of new products and seasonal offers. In addition, you may choose to receive email reminders.

When you register on the Website you will be given the opportunity to opt out of receiving any communication from us other than that required to process your registration or subsequent orders. You may change this preference in your account details at any time. In order to receive email reminders from us you must opt in to receive communications from us. If at any point you decide to opt out, we will not be able to send you any more reminders.

In order to improve the service we offer, we may track User patterns of behaviour. This can include using a "cookie" which will be stored on your browser. A "cookie" is a small text file generated by web servers when the User enters a website, and is passed to the User's computer and stored for subsequent future access. Cookies are not used to store or collect any personal information. They only let website providers know that someone with your unique cookie has returned to the website. A cookie cannot be used to deliver computer viruses.

Your password is encrypted and we do not have access to it. If you forget your password, email us at [insert email address] and we will send you a new temporary password. You will then able to access your account and change the password.

Data privacy best practice is constantly evolving. We therefore reserve the right to revise this policy at any time. If the policy changes in any way, we will place an updated version on this page. Regularly reviewing this page ensures you are always aware of what information we collect, how we use it and under what circumstances, if any, we will share it with other parties.

By submitting your personal information you consent to our use of that information as set out in this policy.

Customer queries

All queries or complaints relating to these Terms of Use should be addressed to Lucky Pockets at 11 Royd Terrace, Hebden Bridge, HX7 7BT, UK or by telephoning (+44) (0)7939 013544 or by emailing info@luckypockets.com during office hours (Monday to Friday 9am to 5.30pm). We will endeavour to respond to your correspondence within 5 working days of receipt.

Termination

We reserve the right immediately to terminate your use of the Website in the event that you breach or we have reasonable grounds to believe that you are likely to breach the Terms or you otherwise engage in conduct which we determine in our sole discretion to be unacceptable.

Waiver

No delay or failure by us to exercise any of our powers, rights or remedies under the Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.

Severability

If any part of the Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from the Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.

Governing law and jurisdiction

The Terms shall be governed by and construed in accordance with English law and the parties hereby agree to submit to the exclusive jurisdiction of the English courts.

Terms and Conditions