Pomora Terms and Conditions
This page (together with the documents referred to in it) tells you the terms and conditions (the “Conditions”) on which you may make use of our website www.pomora.com (“Website”) and upon which we sell and supply the goods (the “Goods”). Please read these Conditions carefully before you confirm your order. Your use of the Website, whether to buy Goods or otherwise, constitutes your acceptance of these Conditions and your agreement to abide by them. We reserve the right to amend the Website and these Conditions at any time without notice as we see fit and your continued use of the Website will signify your acceptance of any adjustment to these Conditions. You should therefore review these Conditions regularly.
INFORMATION ABOUT US
www.pomora.com is a website operated by Pomora Good Food Limited (“Pomora”, “we”, “our”, “us”). We are registered in the UK under company number 09071814. Our registered office is at 30 Prospect Road, Barnet, Herts, EN5 5AL. Our VAT number is 192489074. We can be contacted via email at firstname.lastname@example.org or via post at 30 Prospect Road, Barnet, Herts, EN5 5AL.
You can place orders for Goods with us by following the process on our website. You acknowledge that by placing an order with us you will under an obligation to pay for the Goods in that order. A contract will only subsist after we have debited full payment from you and sent an Order Confirmation to you and will relate only to the Goods specified in the Order Confirmation.
The price of any Goods will be as quoted on our site, except in cases of obvious error. Our prices include delivery. Our prices include VAT for deliveries to the UK but do not include any local duties or taxes for deliveries outside the UK which must be met by you. We reserve the right to alter prices at any time. Any pre-paid orders will be supplied at the original price. If we have to alter the price of the Adoption product, all Adoptive Parents will be notified at least 2 weeks prior to the next billing date.
Promotional offer voucher coupons can be redeemed online at the point of sale by entering the promotional coupon code and clicking on the apply coupon button in the basket. There is no cash equivalent. Order value must be greater than voucher value or the transaction will be voided. Only one promotional code may be used per order. Promotional codes MUST be input when you make the purchase and cannot be applied retrospectively.
We accept payment by Visa, MasterCard and American Express. By placing an order you agree to payment being charged to your debit/credit card account or electronic payment account as provided on the order form before the shipment of the Goods. All payments will be taken in the currency the price is displayed at on the site. When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies. By accepting these Conditions you confirm that all the details you provide to us for the purpose of purchasing the Goods are correct and that the payment card you are using is your own.
IMPORT DUTY AND SALES TAX
For deliveries to the US, we are obliged to follow the rules laid down by the US Customs and Border Protection agency (see here for more info). As the purchaser of Goods from a foreign source, you are deemed by CBP to be the Importer of Record. We ship via the Royal Mail (an International Postal Service). According to the CBP website, “Packages whose declared value is under $200 will generally be cleared without any additional paperwork prepared by CBP. However, CBP always reserves the right to require a formal entry for any importation”. Our prices do not include import duties and/or sales tax for the US and it is the customer’s responsibility to meet these costs.
The cost of shipping is included in the prices quoted on the website. For UK deliveries, we ship by Royal Mail 48. For US deliveries, we ship by Royal Mail Priority International Business Parcels. Packages for each quarter are dispatched on or around:
Summer 15th July
Delivery time is estimated as approximately 2 working days for the UK and 5-7 working days for the US.
If you have not received your Goods within 7 days of the expected delivery date, please email email@example.com to let us know. We will attempt to trace the original package and failing that, we will either send a replacement, credit an extra quarter to your account or refund the missing Goods.
GOODS DAMAGED IN TRANSIT / FAULTY GOODS
If your Goods are damaged in transit or are faulty, please email us on firstname.lastname@example.org and we will either send a replacement, credit an extra quarter to your account or refund the damaged/faulty product. We may ask you to return the Goods to us; if we do, we will pay for the return shipping.
We want you to be entirely happy with your order therefore you may cancel an order at any time. Please email us at email@example.com to inform us of your cancellation. We will refund any part of the order which has not been dispatched (see Returns and Refunds below). For the avoidance of doubt, a failed quarterly payment does not cancel your Adoption. However, we reserve the right to cancel your Adoption after four consecutive failed quarterly payments.
RETURNS AND REFUNDS
You may return Goods to us for a refund within 14 days of receipt. Please email us at firstname.lastname@example.org to inform us of your return. Unless the Goods are damaged/faulty, you will have to pay the cost of return shipping. The Goods must be returned in resaleable condition and in particular none of the tamper-proof seals on the Goods should have been broken unless the Goods are damaged/faulty. We will refund you within 14 days of receiving the returned Goods to the payment card or method used for the order subject to the following deductions:
- If you requested a paper copy of the Adoption Pack to be sent and it has been dispatched, we will deduct £5 or $10 from your refund;
- If you have received/accepted part of the original order, you will receive a refund of the cost of the order minus the price of the received Goods. For example, if you ordered a 4-quarter fostering product but cancelled after receiving two quarters of Goods, your refund would be the cost of 4 quarters minus the cost of 2 quarters i.e. £160/$300 - £85/$150 = £75/$150.
We reserved the right to substitute substantially equivalent Goods where the originally ordered Goods cannot be supplied.
RISK AND TITLE
As soon as we receive your payment and your order is delivered to the agreed delivery address, you become responsible for damage to or loss of the Goods.
OUR LIABILITY TO YOU
To the extent permitted by law, neither Pomora, nor its affiliates, directors, employees or contractors, shall be liable for any direct, indirect, punitive, incidental, special or consequential damages arising from or in any way connected with the use of the Website, the content of the Website, any delay or inability to use the Website or otherwise in connection with the Website, whether based on contract, tort, strict liability or otherwise. We shall not be liable for any of the matters in the following non-exhaustive list: mistakes, omissions, interruptions, deletion of files or emails, errors, viruses, delays in operation or any failures of performance, whether or not resulting from natural acts, communications issues, theft, destruction, or unauthorised access to our products and services and records. We disclaim warranties of any kind in relation to the Website, either expressed or implied. No oral advice, written or electronically transmitted information given by us, our affiliates, directors, employees or contractors, shall create any warranty under any circumstance. Pomora reserves the right to refuse to accept and process any and all customer orders on any and all products and services and to suspend, discontinue, and refuse the use or acceptance of any and all offers, promotions, discounts, at its sole discretion. Some or all of exclusions or limitations of liability above may not apply to you if you are resident in a country which prohibits such exclusions or limitations of liability. For the avoidance of doubt, nothing in these Conditions seeks to exclude or limit our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law. In such case these Conditions shall be read as closely as possible to their current wording notwithstanding the prohibition of such terms. You agree to indemnify and hold harmless Pomora, our affiliates, officers, directors, employees, contractors, successors and assigns, against all claims, including losses, damages, expenses and legal and administrative costs, arising out of a breach by you or any other person visiting the Website using your personal information with your authority of: (a) these Conditions; and/or (b) any applicable laws, rules or regulations in any jurisdiction whatsoever.
EVENTS OUTSIDE OUR CONTROL
Neither Pomora, nor our affiliates, directors, employees or contractors will be liable in any way for loss, damage, costs or expenses (including, but not limited to, loss of reputation, office time or profit) arising directly or indirectly from any failure or delay in performing any obligation under a Contract by reason of any event or circumstance outside our (or their) reasonable control, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
If you have a dispute with us relating to our contract with you, in the first instance please contact us at email@example.com and attempt to resolve the dispute with us informally. You can also write to us at Pomora Good Food Limited, 30 Prospect Road, Barnet, Herts, EN5 5AL. In the unlikely event that we are not able to resolve the dispute informally, we will discuss with you the most effective way of resolving the dispute using mediation or arbitration based on the nature of the dispute.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
CHANGES TO TERMS AND CONDITIONS
We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions at any time. You will be subject to the terms and conditions, policies and Conditions in force at the time that you order Goods from us, unless any change to those terms and conditions, policies or these Conditions is required to be made by law or government authority (in which case it may apply to orders previously placed by you).
RIGHTS OF THIRD PARTIES
Any contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.
We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you if this happens, but this will not affect your rights or our obligations under the contract.
LAW AND JURISDICTION
The English courts will have jurisdiction over any claim arising from, or related to, a visit to our Website or use of our services. These Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
WEBSITE USE – WEBSITE USE POLICY
Please see our Website Use Policy which forms part of these Conditions.
You may contact us any time if you have any concerns. If you have any comments or concerns related to our Website and services, please contact firstname.lastname@example.org or write to us at 30 Prospect Road, Barnet, Herts, EN5 5AL.