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You are here: Home » Conditions of Use
Conditions of Use Conditions of Use
General

1. The owner of this web site is Posh Kitty whose address is Posh Kitty, 73 Berdmore Street, Fenton, Stoke On Trent, ST4 3HD (‘Posh Kitty’/‘we’ /‘us’/‘our’).
2. Your contract for purchases made through the Site is with Posh Kitty, and you undertake that any and all goods ordered by you are for your own private and domestic use only.
3. You must be eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.
4. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
5. No contract for the sale of any product will subsist between you and Posh Kitty until Posh Kitty dispatches the product(s) ordered. We will confirm that the product(s) have been dispatched by a confirmation email. This confirmation e-mail amounts to an acceptance by Posh Kitty of your offer to buy goods from Posh Kitty or a third party supplier that is engaged on your behalf by Posh Kitty (whether or not you receive that e-mail).
6. You agree that e-mail can be used as a long-distance means of communication.
7. This confirmatory e-mail will contain all relevant statutory information concerning your contract.
8. The confirmatory e-mail will also contain a link to these terms and conditions, and may be amended in accordance with paragraph 39 below from time to time.
9. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
10. Posh Kitty will not pass on your personal or credit or debit card details to any third party except where an additional security check may be deemed necessary. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information.
11. You undertake that all details you provide to Posh Kitty for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
12. You must choose a username and password on completion of registration. You are responsible for all actions taken under that username and password and shall only use the Site under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.
13. If there are any changes to the details supplied by you it is your responsibility to inform Posh Kitty as soon as possible.
14. You may cancel your order at any time prior to your order being processed by contacting us via email. You will then receive an email in return confirming if the order has been cancelled.
1. sending the notice of cancellation by email to support@poshkitty.co.uk ensuring that you quote your name, address and order reference number; or
15. Once Posh Kitty receive notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to Posh Kitty from your credit card via Nochex (www.nochex.co.uk) in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by Posh Kitty. You will be liable for any charges incurred in returning the goods to Posh Kitty. We would suggest that items returned are sent via recorded/special delivery with relevant postal insurance, although this is not a requirement.
16. Posh Kitty reserves the right to make a charge for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order. Your statutory rights are not affected.
17. Registered users are permitted to post reviews on products provided that they comply with our Customer Review Guidelines.
18. You acknowledge that any review, feedback or rating which you leave may be published and agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to other Funhouse Group sites and publications.
19. You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any feedback, ratings or reviews posted by you on the website, including the violation of their privacy or intellectual property rights.
20. You grant Posh Kitty and its affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you. We reserve the right to publish, edit or remove any reviews without notifying you.

Liability

21. This section applies only to the extent permitted by law. For the avoidance of doubt, Posh Kitty do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Posh Kittys negligence or wilful default, or that of Posh Kittys employees, agents or subcontractors or (b) fraudulent misrepresentation.
22. Posh Kitty does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
23. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.
24. Posh Kitty will do its best to correct errors and omissions as quickly as practicable after being notified of them
. 25. TO THE FULLEST EXTENT PERMITTED BY LAW, Posh Kitty IS PROVIDING THIS SITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, Posh Kitty DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
26. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Posh Kitty shall, at its own option, make good any shortage or non-delivery, replace defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify Posh Kitty of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
27. You and Posh Kitty will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.
28. The products sold on the Site are provided for private domestic and consumer use only. Accordingly, Posh Kitty do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from Posh Kitty.

Miscellaneous

29. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
30. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
31. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
32. You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.
33. In these Terms, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.
34. Subject to the licence granted to you to use the Site, Posh Kitty reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of Posh Kitty and its affiliates’ trade marks, trade and business names and service marks under this Agreement will vest in Posh Kitty and its affiliates, as appropriate.
35. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Posh Kitty tracks the electronic ‘fingerprints’ of every order placed on Posh Kitty to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
36. We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if:
1. you fail to make any payment to us when due;
2. you breach the terms of this Agreement (repeatedly or otherwise);
3. when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
4. we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.
37. Posh Kitty may amend these Terms from time to time, and place the new version on the Site. When Posh Kitty do so, it will mention the fact on our home page (www.poshkitty.co.uk). For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following Posh Kitty’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.
38. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Posh Kitty and you relating to your purchase. Posh Kitty advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Posh Kitty. We will store a copy of the contract entered into by you with Posh Kitty. You are advised to read (and are responsible for reading) fully all information on this website.
39. If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.
40. These Terms are subject to the laws and exclusive jurisdiction of the United Kingdom.
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