TERMS AND CONDITIONS OF USE
Welcome to the PUEBLO COFFEE website TERMS AND CONDITIONS OF USE. These terms apply to the use of this website and by accessing this website and/or placing an order for products you agree to be bound by the terms set out below. If you do not agree to be bound by these terms and conditions please do not use our website.
1.1 These terms and conditions govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website or make a purchase on our website, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
- Copyright notice
2.1 Copyright (c) 2016 PUEBLO COFFEE.
2.2 Subject to the express provisions of these terms and conditions:
(a) We, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) All the copyright and other intellectual property rights in our website and the material on our website are reserved.
- Licence to use website
3.1 You may:
(a) View pages from our website in a web browser;
(b) Download pages from our website for caching in a web browser;
(c) Print pages from our website;
(d) Stream audio and video files from our website; and
(e) Use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) Republish material from our website (including republication on another website);
(b) Sell, rent or sub-license material from our website;
(c) Show any material from our website in public;
(d) Exploit material from our website for a commercial purpose; or
(e) Redistribute material from our website.
3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
- Acceptable use
4.1 You must not:
(a) Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) Use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) 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;
(d) 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;
(e) Access or otherwise interact with our website using any robot, spider or other automated means;
(f) Violate the directives set out in the robots.txt file for our website; or
(g) Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
5.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
5.3 Prices stated on our website may be stated incorrectly.
5.4 The sale and purchase of products through our website will be subject to terms and conditions of sale, and we will ask you to agree to the terms of that document each time you make a purchase on our website.
5.5 Any product reviews that you submit for publication on our website shall be subject to the terms of Section 9 and Section 10.
- Registration and accounts
6.1 To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age.
6.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.4 You must not use any other person's account to access the website, unless you have that person's express permission to do so.
- User IDs and passwords
7.1 If you register for an account with our website, you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
- Cancellation and suspension of account
8.1 We may:
(a) Suspend your account;
(b) Cancel your account; and/or
at any time in our sole discretion without notice or explanation.
8.2 You may cancel your account on our website using your account control panel on the website.
- Your content: licence
9.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
- Your content: rules
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) Be libellous or maliciously false;
(b) Be obscene or indecent;
(c) Infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) Infringe any right of confidence, right of privacy or right under data protection legislation;
(e) Constitute negligent advice or contain any negligent statement;
(f) Constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) Be in contempt of any court, or in breach of any court order;
(h) Be in breach of racial or religious hatred or discrimination legislation;
(i) Be blasphemous;
(j) Be in breach of official secrets legislation;
(k) Be in breach of any contractual obligation owed to any person;
(l) Depict violence, in an explicit, graphic or gratuitous manner;
(m) Be pornographic, lewd, suggestive or sexually explicit;
(n) Be untrue, false, inaccurate or misleading;
(o) Consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) Constitute spam;
(q) Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) Cause annoyance, inconvenience or needless anxiety to any person.
- Report abuse
11.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
11.2 You can let us know by email or by post.
- Limited warranties
12.1 We do not warrant or represent:
(a) The completeness or accuracy of the information published on our website;
(b) That the material on the website is up to date; or
(c) That the website or any service on the website will remain available.
12.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
12.3 To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
- Limitations and exclusions of liability
13.1 Nothing in these terms and conditions will:
(a) Limit or exclude any liability for death or personal injury resulting from negligence;
(b) Limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) Limit any liabilities in any way that is not permitted under applicable law; or
(d) Exclude any liabilities that may not be excluded under applicable law.
13.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:
(a) Are subject to Section 13.1; and
(b) Govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
13.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
13.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
13.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
13.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
13.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
13.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
- Breaches of these terms and conditions
14.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) Send you one or more formal warnings;
(b) Temporarily suspend your access to our website;
(c) Permanently prohibit you from accessing our website;
(d) Block computers using your IP address from accessing our website;
(e) Contact any or all your internet service providers and request that they block your access to our website;
(f) Commence legal action against you, whether for breach of contract or otherwise; and/or
(g) Suspend or delete your account on our website.
14.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
- Third party websites
15.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
15.2 We have no control over third party websites and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
16.1 We may revise these terms and conditions from time to time.
16.2 The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions.
17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
18.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
18.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Third party rights
19.1 These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
19.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.
- Entire agreement
20.1 Subject to Section 13.1, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.
- Law and jurisdiction
21.1 These terms and conditions shall be governed by and construed in accordance with English law.
21.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
- Our details
22.1 This website is owned and operated by PUEBLO UNITED LTD.
22.2 We are registered in England and Wales under registration number 9976949, and our registered office is at 3 Nicholas Mews, Short Road, London W4 2QU.
22.3 You can contact us by writing to the address given above, by using our website contact form, by telephone on the number given on our website from time to time or by email to the email address given on our website from time to time.
1.1 This policy contains details of the delivery methods, periods and charges that apply to orders for our products made through our website.
1.2 This policy does not create legally enforceable rights and obligations; it merely indicates our usual practice in relation to the delivery of products.
- Geographical limitations
2.1 We will usually be able to deliver to the following countries and territories: England, Scotland, Wales and Northern Ireland.
2.2 We may from time to time agree to delivery products to other countries and territories.
- Delivery methods and periods
3.1 The methods that we use to deliver our products, and the time periods within which delivery is usually completed, are as follows:
(a) UK Standard First Class: 1 to 2 Working Days
(b) Europe: 5 to 10 Working Days
(c) USA, Canada, South America and Africa: 5 to 10 Working Days.
(d) Australia and Asia: 5 to 10 Working Days.
3.2 If you place your order before 4pm on a working day, these time periods run from the close of business on that day; if you place your order after 4pm on a working day, or on a non-working day, these time periods run from the close of business on the next following working day.
3.3 The delivery periods set out in this Section 3 are indicative only, and whilst we will make every effort to ensure that you receive your delivery in good time, we do not guarantee delivery before the end of the stated period.
3.4 We may conduct fraud screening checks before dispatching the product, and these checks may delay your delivery. If the delivery is likely to be delayed as a result of fraud screening checks, we will notify you.
- Delivery charges
4.1 Delivery charges will be calculated by our website and automatically applied to your order during the checkout process, or alternatively quoted by us.
4.2 Applicable delivery charges will depend upon the delivery method you select.
4.3 Our delivery charges are as follows:
(a) UK Standard:
- GBP 2.00 for orders up to GBP 6.00
- GBP 4.00 for orders from 6.01 up to GBP 18.00
- GBP 6.00 for orders from 18.01 up to GBP 42.00
- Free for orders over GBP 60.00
- Receipt and signature
5.1 All deliveries must be received in person at the delivery address, and a signature must be provided.
- Delivery problems
6.1 If you experience any problems with a delivery, please contact us using the contact details that we publish on our website or otherwise notify to you.
6.2 If our delivery service provider is unable to deliver your products, and such failure is your fault, and you do not collect your products from our delivery service provider within the relevant time limit, we may agree to arrange for re-delivery of the products; however, we reserve the right to charge you for the actual costs of re-delivery (even where the initial delivery was free of charge).
6.3 An indicative list of the situations where a failure to deliver will be your fault is set out below:
(a) You provided the wrong address for delivery;
(b) There is a mistake in the address for delivery that was provided;
(c) The address for delivery is not reasonably accessible;
(d) The address for delivery cannot safely be accessed;
(e) If in-person receipt is not required, there is no easy and secure means of leaving the products at the address for delivery and there is no person available to accept delivery; or
(f) If in-person receipt is required, there is no person available at the address for delivery to accept delivery and provide a signature.
1.1 We understand that from time to time you may wish to return a product to us.
1.2 We have created this policy to enable you to return products to us in appropriate circumstances.
1.3 This policy shall apply to all of our customers, irrespective of their geographical location.
1.4 This policy shall apply to all orders submitted through our website.
1.5 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2.1 If you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us and receive a refund in accordance with this policy if:
(a) we receive the returned product within  days following the date of dispatch of the product to you;
(b) the returned product is unused, in its original unopened packaging (with any seal or shrink-wrap intact), with any labels still attached, and otherwise in a condition enabling us to sell the product as new;
(c) you comply with the procedure set out in this policy in relation to the return of the product; and
(d) none of the exclusions set out in this policy apply.
- Returns procedure
3.1 In order to take advantage of your rights under this policy, you must notify us by email to firstname.lastname@example.org and we will send you a reply with the details for you to arrange the return.
3.2 Products returned under this policy must be sent to PUEBLO UNITED LTD, 3 Nicholas Mews, Short Road, London W4 2QU.
3.3 You will be responsible for paying postage costs associated with returns under this policy.
3.4 Products returned by you is because of a defect will be refunded in full, including a refund for the delivery charges for sending the item to you.
4.1 The following kinds of products may not be returned under this policy:
(a) any product made to your specification;
(b) any product made to order;
(c) any product personalised or adapted for you;
(d) gift vouchers; or
5.1 We will give you a refund for the price you paid to us in respect of any product properly returned by you in accordance with this policy.
5.2 We will not refund to you the original delivery charges relating to the returned product.
5.3 We will not refund to you any costs you incur in returning the product to us.
5.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
5.5 We will process the refund due to you as soon as possible and, in any event, within 10 working days following the day we receive your returned product.
- Improper returns
6.1 If you return a product in contravention of this policy, and you do not have any other legal right to a refund or exchange in respect of that product:
(a) we will not refund the purchase price or exchange the product;
(b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and
(c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.
Privacy and Cookies
1.1 We are committed to safeguarding the privacy of our website visitors; in this policy we explain how we will treat your personal information.
- Collecting personal information
2.1 We may collect, store and use the following kinds of personal information:
(a) Information that you provide to us when registering with our website including your email address;
(b) Information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters including your name and email address.
(c) Information relating to any purchases you make of our goods including your name, delivery address, payment address, telephone numbers, email address and card details;
(d) Information that you post to our website for publication on the internet including your user name, profile pictures and reviews;
(e) any other personal information that you choose to send to us; and
2.2 Before you disclose to us the personal information of another person, you must obtain that person's consent to both the disclosure and the processing of that personal information in accordance with this policy.
- Using personal information
3.1 Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website.
3.2 We may use your personal information to:
(a) Administer our website and business;
(b) Personalise our website for you;
(c) Enable your use of the services available on our website;
(d) Send you goods purchased through our website;
(e) Send statements, invoices and payment reminders to you, and collect payments from you;
(f) Send you non-marketing commercial communications;
(g) Send you email notifications that you have specifically requested
(h) Send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter)
(i) Send you marketing communications relating to our business which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
(j) Provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information);
(k) Deal with enquiries and complaints made by or about you relating to our website;
(l) Keep our website secure and prevent fraud;
(m) Verify compliance with the terms and conditions governing the use of our website; and
3.3 If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.
3.4 We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party's direct marketing.
- Disclosing personal information
4.1 We may disclose your personal information to any of our employees, insofar as reasonably necessary for the purposes set out in this policy.
4.2 We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this policy.
4.3 We may disclose your personal information:
(a) to the extent that we are required to do so by law;
(b) in connection with any ongoing or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
4.4 Except as provided in this policy, we will not provide your personal information to third parties.
- International data transfers
5.1 Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.
5.3 Personal information that you publish on our website or submit for publication on our website may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.
5.4 You expressly agree to the transfers of personal information described in this Section 5.
- Retaining personal information
6.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.
6.2 Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6.4 Notwithstanding the other provisions of this Section 6, we will retain documents (including electronic documents) containing personal data:
(a) to the extent that we are required to do so by law;
(b) if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).
- Security of personal information
7.1 We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
7.2 We will store all the personal information you provide on our secure (password- and firewall-protected) servers.
7.3 All electronic financial transactions entered into through our website will be protected by encryption technology.
7.4 You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
7.5 You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website).
8.1 We may update this policy from time to time by publishing a new version on our website.
8.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
- Your rights
9.1 You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:
(a) the payment of a fee (currently fixed at GBP 10); and
(b) the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).
9.2 We may withhold personal information that you request to the extent permitted by law.
9.3 You may instruct us at any time not to process your personal information for marketing purposes.
9.4 In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.
- Third party websites
10.1 Our website includes hyperlinks to, and details of, third party websites.
10.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties.
- Updating information
11.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.
- About cookies
12.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
12.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
12.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
12.4 Cookies can be used by web servers to identify and track users as they navigate different pages on a website and identify users returning to a website.
- Our cookies
13.1 We use both session and persistent cookies on our website.
- Analytics cookies
14.1 We use Google Analytics to analyse the use of our website.
14.2 Our analytics service provider generates statistical and other information about website use by means of cookies.
14.3 The information generated relating to our website is used to create reports about the use of our website.