Terms and Conditions
The following terms and conditions apply to all orders placed by the customer (hereinafter referred to as ”you”) with Pod & Pea, hereinafter referred to as “Pod & Pea”, “us" or ”we”, at the Pod & Pea website, mobile website, or mobile application, or via telephone (jointly referred to as ”podandpea.co.uk”).
We reserve the right to amend these Terms from time to time without prior notice to you. The version of the Terms that will apply to your order will be those on podandpea.co.uk at the time you place your order.
Orders, Price and Payment
By using podandpea.co.uk and/or placing an order, you agree to be bound by the terms and conditions set out herein (the ”Terms”). Please make sure you have read and understood the Terms before placing your order.
Only persons 18 years or older, who are not under guardianship, and are not acting in a capacity of a company, with a residential address in UK (excluding Channel Islands, BFPO and mail forwarding companies) can place an order. If you pay with debit card or Gift Card you can place an order from 16 years.
The inclusion of any products or services on podandpea.co.uk at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.
The price of the products will be the price quoted on the website at the date the order is received and will include VAT and delivery in the United Kingdom unless specified otherwise.
When we provide any products to you, the buyer, under these terms and conditions, payment will be charged to the credit card account provided by you on the website order form
By placing an order, you, the buyer, consent to payment being charged to your credit card account as provided
Title to the products will pass to you, the buyer, on payment in full of the price of the products
We will issue you with an electronic receipt to your email address once the transaction is completed and will send you a further e-mail once the products have been dispatched
The products will be delivered to you, the buyer, at the address provided by you on your order
The risk in the products shall pass to you upon such delivery taking place
Any dates quoted for delivery of the products are approximate only and we shall not be liable for any delay in delivery of the products however caused. If however we are unable to deliver your products by the date quoted for delivery you, the buyer shall be entitled to cancel the order at any time before delivery takes place
If you do not live within the United Kingdom, please contact us for a separate shipping quote
We shall not be liable to you, the buyer, for incomplete delivery of the products however caused but will provide you with the outstanding products as soon as is reasonably practical. If however we have not delivered the outstanding products within 7 days from the first date of delivery you, the buyer, shall be entitled to cancel the order for the outstanding products.
If you wish to return your order for any reason you can do so up to 14 days after receipt of the products. A full refund will be made within 30 days of your return following inspection of the product (including shipping cost). It is the customer’s responsibility to return the item in perfect condition and to pay for the item to be returned. For further information on returns please see our Delivery & Returns page
We cannot be held responsible for any products lost in transit when being returned and recommend you retain a proof of posting
Your refund will be paid back via the original payment method. We will not make refunds to a third party
Any damaged or missing items will be charged for
Colour and Measurements
We make all reasonable efforts to accurately display the attributes of our products, including composition and colours. The colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours.
An item’s measurements given on podandpea.co.uk are only approximate values to give you a better understanding of the model or fit of that specific item, and not a definite guarantee of the actual measurements of the item you receive. The final measurements of an item may vary depending on the material used in its production.
Nothing in these Terms shall exclude or limit Pod & Pea’s liability with regard to any matter for which it would be unlawful for us to limit or exclude our liability.
Pod & Pea accepts liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents. If we breach these Terms, we shall only be liable for losses which are a reasonably foreseeable consequence of such breach.
Pod & Pea is not responsible for indirect losses which are a side effect of the main loss or damage, for example loss of profits or loss of opportunity; or for failure to deliver the goods or to meet any of our other obligations under these Terms where such failure is due to an event that is beyond our reasonable control, which includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident and terrorist activity.
Our maximum liability to you for any loss or damage arising in connection with your order on hm.com shall be limited to the total price of your order.
If you have a problem with a product that you have purchased from Pod & Pea online, and were not able to settle the complaint with Pod & Pea, then you can submit your complaint to the EU’s online dispute resolution platform (the “ODR platform”).
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected
English law will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the English courts
The headings in this Agreement are for convenience only and will not affect their interpretation
You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the podandpea.co.uk site, or which impacts the security of the site, or (iii) employ any device or attempt to use any engine, software, tool, agent, script or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the site, or to copy content from the site. We reserve the right to immediately bar access to the site and close the account of any user who violates this provision
Ownership of rights
All intellectual property rights, such as trademarks and copyrights at podandpea.co.uk remain with Pod & Pea. Any use of podandpea.co.uk or its contents, including copying or storing such content in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of Pod & Pea or any other provision in these terms and conditions.