Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE MAKING YOUR DECISION TO PURCHASE.
1. Place of performance and applicable law
Cherry Active Limited (CherryActive) is a company registered in England (number 5585268).
Registered office: Cherry Active Limited, Unit 18, Mill Farm Business Park, Millfield Road, Hanworth, TW4 5PY
Unless otherwise specified, the materials on this site are directed solely at those who access this site from the United Kingdom mainland. CherryActive makes no representation that any product referred to in the materials on this site is appropriate for use or available in other locations.
English law shall govern this Agreement. You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
- 2.1 CherryActive has taken reasonable care in the preparation of the content of this site. However, to the extent permitted by applicable law, CherryActive disclaims all warranties (express or implied) as to the accuracy of the information contained in any of the materials on this site.
- 2.2 CherryActive shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site.
- 2.3 Information contained on the CherryActive.co.uk website is provided for information purposes only and is not intended to be medical advice nor should it be meant to substitute any advice given by your doctor or other medical professional.
- 2.4 Certain links in this site (typically a banner advert or icon) will lead to sites which are not under the control of CherryActive. When you activate any of these you will leave the CherryActive site and CherryActive has no control over and will accept no responsibility or liability for the material on any site which is not under the control of CherryActive.
3. Limitation of Liability
- 3.1 You agree that CherryActive shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any:
- 3.1.1 loss of profits, revenue or goodwill or any type of consequential, indirect or special loss or damage whatever arising from or in any way connected with this Agreement;
- 3.1.2 direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under CherryActive's direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where CherryActive has been advised of the possibility of such loss or damage).
- 3.2 You also agree that (except in relation to such liability as has been expressly excluded in clause 3.1 above) the maximum aggregate of liability of CherryActive in contract, tort, negligence, statutory duty or otherwise (even where CherryActive has been advised of the possibility of such loss or damage), for any loss or damage whatever arising from or in any way connected with:
- 3.2.1 any defect in a product;
- 3.2.2 any failure by CherryActive to process signals, data, information, orders or messages correctly or in a timely manner;
- 3.2.3 any misrouting or non-delivery of signals, data information, messages or orders from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained in them; and
- 3.2.4 any liability not excluded by this Agreement shall, in respect of any one or more events or series or events (whether connected or unconnected) taking place within any twelve month period be limited, in the case of defects falling within clause 3.2.1, to the price of the relevant goods. This limit shall also apply in the event that any exclusion or other provision contained in this Agreement is held to be invalid for any reason and CherryActive becomes liable for loss or damage that could otherwise have been limited.
- 3.3 You also agree that (except in relation to such liability as has been expressly excluded in clause 3.1 above) the maximum aggregate of liability of CherryActive in contract, tort, negligence, statutory duty or otherwise (even where CherryActive has been advised of the possibility of such loss or damage), for any loss or damage whatever arising from or in any way connected with
- 3.4 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of liability set out in this clause 5 may not apply to you.
- 3.5 In particular, nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of CherryActive.
Save to the extent that it falls within the provisions of clause 5, you shall indemnify CherryActive and any third party (including its sub-contractors) from and against any liability, losses, rights, expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement, and expenses, including legal fees, arising from your use of the CherryActive site or purchase of goods and/or services from that site which are brought or threatened against CherryActive or suffered or incurred by CherryActive by another person or entity.
Delivery times quoted are estimates only, and CherryActive shall not be liable for any delays caused except to the extent caused wilfully or negligently by CherryActive.
6. Returns and refunds
- 6.1 You may cancel your order or any part of it for any reason before delivery or within 7 days after delivery by returning the goods to us at Cherry Active Limited, Unit 18, Mill Farm Business Park, Millfield Road, Hanworth, TW4 5PY; or by calling us on 08451 705705 or emailing us at firstname.lastname@example.org.
- 6.2 Clause 6.1 is subject to the following conditions:
- a) The goods must be unused, as new, in saleable condition and returned with the original product packaging.
- b) You will receive a full refund of the price paid (including relevant delivery charges). You will be responsible for any costs of delivering the goods back to us.
- 6.3 In the unlikely event that the goods you purchase are damaged or have turned bad we may offer an exchange or refund as appropriate in accordance with your legal rights.
All designs, text, graphics and their selection and arrangement on this site are the copyright of CherryActive or its content providers. As a visitor to the CherryActive site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of materials on this site without CherryActive's prior written consent is strictly prohibited.
- 8.1 Intellectual property rights in any software or any other copyrighted materials ("Software") and supporting documentation supplied by us to you remain our property or that of our licensors.
- 8.2 Without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 (as amended, supplemented or replaced from time to time) you shall not and shall not permit any other person to:
- 8.2.1 disassemble, reverse engineer, decompile or in any other way interfere with the Software;
- 8.2.2 copy or modify the Software; or
- 8.2.3 create any new Software partly or wholly based on the Software.
- 8.3 Subject to the terms of this Agreement, you are licensed to use the Software and associated documentation non-exclusively, but only for the purposes identified on the site in relation to the Software.
- 8.4 You must not transfer, assign or sub-license your right to use the Software or attempt to do so.
9. Typographical and Pricing Errors
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse to meet or to cancel any orders placed for that product or service whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge. CherryActive also reserve the right to withdraw offers and stock for reasons of administration or system error and again card charges will be reversed accordingly.
10. Matters Beyond our Reasonable Control
CherryActive shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightening, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
13. Gift Vouchers and Voucher codes
- 1. Discount vouchers can be used towards goods of a higher price than the value of the Discount voucher on payment of the excess by credit/debit card.
- 2. Discount Vouchers can be redeemed at www.CherryActive.co.uk on any purchase made in GBP sterling.
- 3. Discount Voucher refunds are subject to these terms and conditions and are not assignable or transferable.
- 4. Only one Discount voucher per person.
- 5. Only one Discount Voucher can be redeemed against a purchase in any one transaction.
- 6. Discount Vouchers cannot be used in conjunction with Promotional and Gift Vouchers.
- 7. Discount Voucher refunds are not transferable and have a cash redemption value of 0.001p.
- 8. Discount Vouchers are non-returnable.
- 9. CherryActive reserve the right to immediately suspend proceedings with a purchase if it believes the customer is in breach of any of these terms and conditions.
- 10. A Discount Voucher cannot be claimed on transactions that have already been processed by CherryActive.
- 11. CherryActive terms and conditions of purchase for using the www.CherryActive.co.uk website apply. (http://www.CherryActive.co.uk/terms_and_conditions.html)
- 12. CherryActive reserves the right to amend the terms and conditions of the Discount Voucher at any time and to take any action it deems reasonably necessary which may include cancelling the Discount Voucher. This does not affect your legal rights.
- 13. CherryActive cannot be held responsible for failure to meet its obligations regarding the sale, redemption or any other action in connection with the Discount Vouchers which occur as a result of, but not limited to, acts of God, fire, flood, governmental intervention or disruption or breakdown of computer and IT infrastructures.
- 14. Voucher codes only apply against the full normal RRP of the product unless otherwise stated.
- 15. Voucher codes cannot be used in conjunction with existing offers unless otherwise stated.
- 16. The construction, validity and performance of these conditions shall be governed by the laws of England and Wales.
CherryActive provide a worldwide shipping option for customers. Worldwide shipping is calculated on receipt of your order and is dependent on the weight, size and delivery destination. Before your order is processed, we will confirm delivery costs in writing via email. No payment will be taken at this stage until we receive acceptance of delivery costs in writing (via email). If you do not accept delivery costs or If we do not receive a response from you in 7 days your order will be cancelled. If you do accept delivery costs then your payment will be processed and order will be dispatched.
Trade prices are applicable to trade customers only. A trade customer is a company or individual who has completed our trade customer registration form and have a commercial agreement in place with CherryActive. Should trade prices become visible on the website due to a fault with the website then CherryActive Ltd reserve the right to reject orders.