Terms Header

Introduction

These terms and conditions pertain to the operating standards, e-commerce services, business services and sale of goods as set by Penny Profits and our website domains (www.pennyprofits.co.uk and www.pennyprofits.store)


Definitions

Unless the context otherwise requires, or except where it is otherwise expressly provided, the following expressions have the meanings respectively assigned to them:

We”, “Our”, “Ourselves” and “Us
- means Penny Profits.
You”, “Your”, “Buyer” and “Yourself
- means any person, except members of staff, their families and any representative who conducts business with Us.
"Conditions"
- means the terms and conditions of use (of either website) and/or sale of goods or services as set out in this document including any special terms and conditions agreed in writing by Us.
Sales Channel
- means through the Penny Profits shop or the Penny Profits website
Goods”, “Products” and “Services
- means the articles or services which the Buyer agrees to buy from Us.
Price
- means the price for the Goods or Services, excluding VAT and any carriage, packaging and insurance costs.

1. General

1.1. Amendments

1.1.1. We may revise these terms and conditions from time to time. Revised terms and conditions will apply in its’ entirety to the sales of products and services through our website and in store. Please check this page regularly to ensure you are familiar with the current version.

1.2. Law & Jurisdiction

1.2.1. These terms of use are governed by English law. Any dispute arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

1.3. Disclaimer

1.3.1. Whilst we do take all reasonable steps to make sure that the information on our website, in store, our promotional and our marketing material is up to date and accurate at all times we do not guarantee that all material is accurate and/or up to date.
1.3.2. All material contained on our website is provided without any warranty of any kind. You use the material on our website at your own discretion. Please refer to Section 3.9.
1.3.3. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

1.4. Exclusion of Liability

1.4.1. We do not accept liability for any loss or damage that you may suffer as a result of using our website.
1.4.2. We do not seek to limit or exclude our liability (and no provision of these Terms and Conditions shall be interpreted as seeking to limit or exclude our liability) in respect of:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) for any other matter which it would be unlawful or illegal for us to seek to limit or exclude our liability for (including, but not limited to, under section 12 of the Sale of Goods Act 1994 (as amended)).
1.4.3. Subject to Section 1.3.2, we make no representation that the purchase or use of any of the products is appropriate or legally permitted elsewhere.
1.4.4. To the fullest extent permissible by law, we disclaim all warranties (express or implied) as to the accuracy of information contained in any of our material and we shall not be liable to any person for any loss or damage arising from the use of any of the information contained in any of our materials in our store or on our website.
1.4.5. To the fullest extent allowed by applicable law, you agree we shall not be liable to you, and/or any third party for any delay in delivery, loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data nor for any special indirect or consequential or incidental damages or any other costs, expenses or other claims whatsoever that arise out of, or are related to our website, products and/or services purchased by you. In all other circumstances, our liability shall be limited to the value of the price actually paid by you for the sales order giving rise to a claim.

1.5. Data Protection

1.5.1. All information stored by us is kept as strictly confidential and in compliance with the Data Protection Act 1998. Records, written or digital, provided by you during any communication, correspondence or through using our website is held in compliance with our own internal procedures. The same information is subject to access by any law enforcement agency or authority legally and lawfully with our consent.
1.5.2. You may request any information we hold about you. Such requests may be charged an administration fee and only honoured once a request has been received by us in writing and any fees paid by you.
1.5.3. We reserve the right to withhold notifying you if your data has been used by any law enforcement agency or authority in compliance with any appropriate national regulations.
1.5.4. Your information will never be sold to any third party or service provider unless your approval, be it verbal or written, has been granted.
1.5.5. We reserve the right to pass your delivery details and any contact number you provided to any of our selected couriers or agents who may be conducting business on our behalf.
1.5.6. We use authorised Payment Processors to securely process payments through our sales channels in our store and on our website. Electronically processed financial data is solely processed by the relative Card Processor and strictly limited information (to notify us of an authorised payment) is given to Penny Profits.
1.5.7. We are fully compliant with the Payment Card Industry Data Security Standard and maintain our internal Information Security Policy which is reviewed and updated regularly.
1.5.8. A separate Privacy Policy on how we use your data through our website supports additional useful information in line with these Terms and Conditions. The policy is available directly through our website at www.pennyprofits.co.uk.

1.6. Breaches of these Terms and Conditions

1.6.1. Sale of Goods or Services
1.6.1.1. Without prejudice to each other’s rights under these terms and conditions, if you breach these terms and conditions in any way, Penny Profits may take such action as deemed appropriate to deal with the breach, including suspending your access to our products or services, refusing to conduct further business with you and/or bringing court proceedings against you.
1.6.2. Website
1.6.2.1. Without prejudice to each other’s rights under these terms and conditions, if you breach these terms and conditions in any way, Penny Profits may take such action as deemed appropriate to deal with the breach, including suspending your access to our website, prohibiting you from accessing our website, blocking computers using your IP address from accessing our website, contacting your Internet Service Provider to request that they block your access to our website and/or bringing court proceedings against you.

1.7. Indemnity

1.7.1. You hereby indemnify Penny Profits and undertake to keep Penny Profits indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Penny Profits to a third party in settlement of a claim or dispute on the advice of Penny Profits’ legal advisers) incurred or suffered by Penny Profits arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
1.7.2. Website
1.7.2.1. You agree to fully indemnify, defend and hold Penny Profits officers, employees, agents and suppliers harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses including reasonable legal fees and/or settlement sums reasonably suffered, incurred or paid by us arising out of any of the below:
1.7.2.1.1. Breach of the Terms and Conditions by you or any other person accessing our website using your password and/or your personal details;
1.7.2.1.2. Claim by a third party that your use of our website is defamatory, abusive or offensive, is of an obscene or pornographic nature, is illegal or constitutes a breach of any applicable law, regulation or code of practice;
1.7.2.1.3. Claim by a third party that your use of our website infringes that party's intellectual property rights of whatever nature; and
1.7.2.1.4. Penalties imposed by any regulatory authority in connection with your use of our website.


2. Terms of Sale

2.1. Sale of Goods or Services

2.1.1. For certain products or services, you must be aged 18 or over to conduct business with us through any of our sales channels. This includes, but is not limited to, sales of shishas or tobacco products and/or accessories, sharp objects (such as knives) and other potential hazardous products which use dangerous or toxic fuels to operate such as, but not limited to, gas lighters or burners.
2.1.2. All products and services sold to you remain under our ownership until each product or service is fully paid for (including any applicable interest or surcharges).
2.1.3. The buyer shall be deemed to have accepted the goods or services 48 hours after delivery to the buyer or collection in store.
2.1.4. The buyer shall carry out a thorough inspection of the goods within 48 hours of delivery and shall give written notification to us within 5 working days of delivery of the goods of any defects which a reasonable examination would have revealed.
2.1.5. Where the buyer has accepted, or has been deemed to have accepted the goods, the buyer shall not be entitled to reject goods which are not in accordance with these terms and conditions.
2.1.6. Website
2.1.6.1. Your Order
2.1.6.1.1. Orders can only be placed or cancelled by you if you have registered with us in accordance with the terms set out in these terms and conditions. No other person may place or cancel orders with us on your behalf.
2.1.6.1.2. Your order is an offer to buy any product(s) from us and is subject to acceptance by us. There will be no contract between you and Penny Profits for the supply of any products unless and until we accept your order.
2.1.6.1.3. Our acceptance of your order will only take place when we debit your payment card with the price of your order and we have sent to you an e-mail confirmation.

2.2. Product Codes

2.2.1. Effective November 2014, most products sold by Penny Profits will be identified through our own internal product coding system.
2.2.2. Our internal product coding system may not be applicable to all items sold by us.
2.2.3. Our internal product coding system is purely for our stock control, identification and inventory processes and does not replace any product code or Manufacturer’s Part Number relevant to any product sold by us.
2.2.4. Our internal product coding system is purely internal and does not represent any Manufacturer, buyer, organisation or entity.
2.2.5. Our product codes are not created or designed for use other than the internal stock identification and stock movement control processes of Penny Profits.
2.2.6. Our product codes, or lack of, does not confirm our liability to ownership or possession of our stock in your control unless it has not been fully paid for.

2.3. Product Availability

2.3.1. The supply of products or services to you is subject to availability of those products or services. Penny Profits reserves the right to withdraw products or services from sale without any notice.
2.3.2. A deposit may be required for certain products or orders as agreed between us and you. The deposit will be deducted from the final price set to pay by yourself once the product(s) or service(s) have been delivered or collected by you.
2.3.3. Where a deposit has been paid to us and by means out of our control we have been unable to supply the product to you, we will refund your deposit in full after 30 calendar days from the date you paid your deposit.

2.4. Pricing Information

2.4.1. All prices are exclusive of VAT.
2.4.2. Details of the total price, and the total amount debited from your payment card, will be sent by e-mail confirmation once your order has been processed if you have paid through our website. The total cost of your order is the total final price of the products ordered including any applicable delivery charge as set out on our website. All prices quoted are in British Pounds Sterling.
2.4.3. A paper sales receipt, endorsed by us, can be requested at the time of purchase for transactions processed through our store, or if you pay cash in our store. To remain environmentally friendly, we reserve the right not to provide paper sales receipts for every product purchased through our store.
2.4.4. Paper sales receipts and payment e-mail confirmations are only deemed as proof of purchase and do not reflect any indication that a Penny Profits Guarantee would apply. Separate documentation, as mentioned in Section 2.6 would be required for our Penny Profits Guarantee.

2.5. Gift Vouchers

2.5.1. Gift Vouchers may be purchased through our website or through our store with a minimum value of £25.00 and a maximum value of £100.00.
2.5.2. Gift Vouchers are non-refundable and valid for 30 calendar days from when each voucher was issued.
2.5.3. Multiple gift vouchers may be purchased, subject to system limitations, but can only be processed individually and not combined.
2.5.4. Any difference of monies between the value of the actual voucher and the product/service amount, if the gift voucher value is higher, cannot be given.

2.6. Special Offers

2.6.1.1. Special Offers or combined offers for certain products or services will be offered solely at our discretion.
2.6.1.2. Prices for special offers or combined offers should not be assumed to be confirmed as permanent in nature allowing you to expect the same price at any given time, unless expressly informed by us.
2.6.1.3. We reserve the right, without prejudice to any given party, individual, community or entity to promote special offers at various times of the year.
2.6.2. Discounted Prices
2.6.2.1. Discounted prices, where we may have provided an exclusive special price are only valid at the time of purchase.
2.6.2.2. Such prices should not be assumed to be confirmed as permanent in nature allowing you to expect the same price at any given time, unless expressly informed by us.
2.6.2.3. Discounted prices have a general validity of 24 hours only unless expressly advised by us.

2.7. Returns & Refunds

2.7.1. We will accept faulty goods in accordance with these terms if they have been reported to us within 48 hours of receiving the goods through our store or our website, either through collection or through a delivery method.
2.7.2. Unwanted goods can only be returned on the basis that the products have never been used or operated for testing purposes. Our sole discretion applies to accepting unwanted goods.
2.7.3. Store credit is generally valid for 30 calendar days from when it (the credit) was issued will be given for any unwanted goods which we have accepted from you.
2.7.4. Cash refunds, or chargebacks through your sale payment method will not be given.
2.7.5. We reserve the right to offer you special discounts, coupon codes or vouchers through our website or in store on the basis of accepting your returned product or order.
2.7.6. All returned products, whether faulty or unwanted can only be accepted if returned in their original packaging.
2.7.7. Return to Base
2.7.7.1. Costs for returning any products to us which are covered by any guarantee or warranty will be paid for by you.
2.7.7.2. Costs for sending any repaired or replacement products back to you will be paid by us.
2.7.7.3. You must use tracked delivery methods at all times unless you are personally bringing the product back to us.

2.8. Delivery

2.8.1. Penny Profits utilises a variety of delivery processes using our own transport and also services from other couriers or agents offering various delivery options including but not limited to, Free Delivery, Standard Delivery and Next Working Day.
2.8.2. Surcharges may be applicable for delivery requirements meeting certain conditions whether requested by you or because of the nature of the sale of goods or services to you.
2.8.3. We reserve the right to enforce certain delivery methods or charges based on the nature of goods or services you have requested, ordered or purchased with or without your agreement.
2.8.4. We reserve the right to choose a courier or agent at our discretion to deliver goods or services to you.
2.8.5. Where third party couriers or agents are used, we cannot guarantee a specific time for any goods or services to reach you. All times quoted verbally or written are to be understood by you as a guide only.
2.8.6. Free Delivery
2.8.6.1. From time to time certain products or complete orders may attract Free Delivery. Qualifying items may be despatched separately which would result in you receiving them separately if they are part of a multi-item order. You should generally allow up to 3 working days for products or orders qualifying for free delivery.
2.8.7. International Delivery
2.8.7.1. We currently do not deliver outside the Mainland UK. For products or orders transported outside of the UK please refer to Section 2.6 within these terms.
2.8.8. Delivery Limitations
2.8.8.1. All goods are checked and despatched in sound condition. Where we feel the damage or fault lies with the courier, we would refer you to the selected courier to raise your concerns directly with them for further escalation.
2.8.8.2. Due to national constraints in line with the general industry, we are unable to deliver through our selected couriers on any UK Bank Holiday or official UK holiday.
2.8.8.3. Local sales delivered direct by Penny Profits (where a courier has not been used) are generally delivered at an agreed timescale different to that of ‘Next Working Day’, ‘Standard Delivery’ or ‘Free Delivery’.

2.9. Guarantee & Warranties

2.9.1. Any items received as faulty or damaged must be reported to customerservices@pennyprofits.co.uk or brought into our store within 48 hours of receiving them.
2.9.2. The Penny Profits Guarantee (referred to in these terms as our guarantee) applies for the first 12 calendar months from the date of purchase and is limited to faulty products or services which you have used in a normal manner and may be able to prove that you have done so.
2.9.3. Our Guarantee does not override or supersede the Manufacturer’s Guarantee or Warranty where we believe the fault of the item is to be compensated directly with the Manufacturer.
2.9.4. Our Guarantee only applies to products or services where a receipt or written communication has been given to you within 7 working days of purchase and is specific to each product and/or service endorsed by us.
2.9.5. We do not hold any direct manufacturer details. Claiming against or reporting faulty items under a Manufacturer’s Warranty or Guarantee would be exercised by you directly with the respective Manufacturer or their representing agent or service centre.
2.9.6. You are required to store or save any product information material which you receive with your product pertaining to any information you may need at a later date in relation to your Manufacturer’s Warranty or Guarantee.
2.9.7. Any products which have been transported by you outside of the UK to be used temporarily or permanently outside the UK invalidates and completely nullifies Our Guarantee regardless of any documentation or proof of purchase which you may have been given. 2.9.8. Products replaced under Our Guarantee or the Manufacturer’s Guarantee or Warranty are only covered for the remaining term of the original warranty.
2.9.9. A Return to Base policy applies to all items sent to us which are covered by all guarantees and warranties. Please refer to section 2.7 within these terms.


3. Website Terms

3.1. General

3.1.1. These complete terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
3.1.2. You must be at least 18 years of age to use our website. By using our website [and by agreeing to these terms and conditions] you warrant and represent that you are at least 18 years of age.

3.2. Unenforceable Provisions

3.2.1. If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

3.3. License to Use Website

3.3.1. Unless otherwise stated, Penny Profits and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
3.3.2. You may view, download for caching purposes only, and print pages from our website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
3.3.3. You must not compromise or follow any of the activities listed within this section:
3.3.3.1. republish material from our website (including republication on another website);
3.3.3.2. sell, rent or sub-license material from our website;
3.3.3.3. show any material from our website in public;
3.3.3.4. reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
3.3.3.5. edit or otherwise modify any material on our website;
3.3.3.6. redistribute material from our website [except for content specifically and expressly made available for redistribution].

3.4. Acceptable Use

3.4.1. You must not use our website in any way that causes, or may cause, damage to our website or impairment of the availability or accessibility of our website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3.4.2. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
3.4.3. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
3.4.4. You must not use this website for any purposes related to marketing without our express written consent.

3.5. Restricted Access

3.5.1. Access to certain areas of this website is restricted. Penny Profits reserves the right to restrict access to other areas of this website, or indeed this entire website, at our discretion.
3.5.2. If Penny Profits provides you with a username and password to enable you to access restricted areas of this website or other content or services, you must ensure that the username and password are kept confidential.
3.5.3. Penny Profits may disable your username and password at our sole discretion without notice or explanation.

3.6. User Content

3.6.1. In these terms and conditions, “your user content” means material (including without limitation, text, images, audio material, video material and audio/visual material) that you submit to our website for whatever purpose.
3.6.2. You grant Penny Profits a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant Penny Profits the right to sub-license these rights, and the right to bring an action for infringement of these rights.
3.6.3. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Penny Profits or a third party (in each case under any applicable law).
3.6.4. You must not submit any user content to our website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
3.6.5. Penny Profits reserves the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
3.6.6. Notwithstanding our rights under these terms and conditions in relation to user content, Penny Profits may not undertake to monitor the submission of such content to, or the publication of such content on, our website.

3.7. Website Registration

3.7.1. You must be compliant with Section 3.1.2 and have completed our registration process before you can make purchases from our website. You must ensure that the personal details which you are required to provide when you register on our website or at any other time are accurate, current and complete in all respects and you must inform Penny Profits immediately of any changes to that information by updating your personal details either on our website or by contacting Customer Services.

3.8. Password/Account Security

3.8.1. You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Penny Profits shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. We therefore suggest that you change it regularly by logging into your account.
3.8.2. To avoid any delay to your order please ensure that your personal details are up-to-date and inform us immediately of any changes to the information that you provided when registering.

3.9. Website Warranty

3.9.1. Our website is provided “as is” without any representations or warranties, express or implied. Penny Profits makes no representations or warranties in relation to our website or the information and materials provided on our website.
3.9.2. Without prejudice to the generality of Section 3.11, Penny Profits does not warrant that:
3.9.2.1. our website will be constantly available, or available at all; or
3.9.2.2. the information on our website is complete, true, accurate or non-misleading.
3.9.3. Nothing on our website constitutes, or is meant to constitute, advice of any kind.
3.9.4. Whilst we make every effort to ensure that our website is free from viruses or defects, we cannot guarantee that our website services will always meet your requirements or be fault free. If a fault occurs in any of our website services you should report it to Customer Services and we will attempt to correct the fault as soon as we reasonably can.
3.9.5. We cannot guarantee a continuous, uninterrupted Internet presence especially where maintenance, repairs, modifications or upgrades to our website need to be carried out, or in circumstances beyond our control.
3.9.6. We reserve the right to alter or withdraw our website at any time without notice. We reserve the right to terminate your ability to order via our website if your conduct is found to be inconsistent with these terms and conditions or on any other reasonable grounds. On termination you must immediately stop using our website.
3.9.7. Our website is directed solely at residents of the United Kingdom (England, Scotland, Wales and Northern Ireland).

3.10. Third Party Links

3.10.1. Certain links on our website may lead to other websites that are not under our control. When you activate this kind of link you will leave our website, and we will not accept any responsibility for any material on any website which is not under our control.
3.10.2. The content of all advertising and or sponsorship material on our website is the responsibility of the relevant advertiser and/or sponsor. Please also refer to our current Privacy Policy on our website.

3.11. Website Access from Outside of the UK

3.11.1. We do not make any promise that materials on our website are appropriate or available for use outside the United Kingdom, and accessing our website from territories where its contents are illegal or unlawful is prohibited. If you choose to access our website from outside the United Kingdom you do so at your own risk and are fully responsible for ensuring compliance with local laws if and to the extent that local laws are applicable.

3.12. Reservation of Intellectual Property Rights

3.12.1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of our website shall remain at all times vested in Penny Profits or its licensors.
3.12.2. “Penny Profits”, “Penny Profits Direct” and all other names, images, pictures, logos and icons identifying Penny Profits or its services are, unless otherwise stated, trademarks or trade names of Penny Profits in the UK. Other product and company names mentioned in our website may be trademarks of their respective owners.
3.12.3. All intellectual property rights in the design, content and arrangement of our website (including its text and graphics, all software compilations or underlying source code, and all other material on our website) are reserved to Penny Profits, its affiliates or content and/or technology providers.
3.12.4. You may print or copy parts of our website in connection with ordering products from us but you may not use any materials contained in our website for any other purpose.

3.13. Limitations of Liability

3.13.1. Penny Profits will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, our website:
3.13.1.1. to the extent that the website is provided free-of-charge, for any direct loss;
3.13.1.2. for any indirect, special or consequential loss; or
3.13.1.3. for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
3.13.2. These limitations of liability apply even if Penny Profits has been expressly advised of the potential loss.


4. Document Details

Customer Services
Penny Profits
77-79 Victoria Street
Blackburn
Lancashire
BB1 6DS
info@pennyprofits.co.uk

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