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Terms & Conditions
PULL THE OTHER ONE LIMITED TERMS AND CONDITIONS OF BUSINESS
1. Pull The Other One Limited (registered number 043026252) is a sex positive web based publishing and information business registered at: 2 Tower House, Hoddesdon, Hertfordshire EN11 8UR, United Kingdom (PTOO).
2. Definitions
2.1 "Force Majeure" means anything that can happen affecting the performance Pull the Other One Limited of its obligations arising from acts, events, omissions, happenings or non happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party, sorry we can't for see these things but we will do our best for you whatever happens.
2.2 "Customer" means you or potential customer of Pull the Other One Limited;
2.3 "User" means the person who accesses the website on behalf of the Customer;
2.4 "Products" means the products listed for sale on the emporium at www.ptooemporium.com, which can be purchased by the Customer;
2.5 "Terms and Conditions" means the terms and conditions for access to Pull the Other One Limited website by you and the Pull the Other One Limited Terms and Conditions of sale, which deal with the commercial and trading aspects between you and Pull the Other One Limited.
3. Orders
3.1 Cancellation of orders by you will be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000. Nothing in these terms and conditions is intended to impinge upon a Customer's statutory or contractual rights to reject faulty goods.
3.2 All orders are subject to acceptance and to availability of the goods ordered Pull the Other One Limited is entitled to refuse any order placed by you.
3.3 You undertake that all the details you provide to us for the purpose of accessing or purchasing goods or services offered on our web site are correct.
4. Prices
4.1 All prices are exclusive of any applicable Value Added Tax (VAT) or any other sales taxes, for which (if applicable) you shall be additionally liable.
5. Delivery, Title and Risk
5.1 To check the status of your order please login in to your account at www.pulltheotherone.co.
5.2 . Pull the Other One Limited shall use reasonable endeavours to dispatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we will contact you and advise you of the reason for the delay. We do understand if you wish to cancel your order at this point.
5.3 Customers should notify shortages or damage within 7 days from delivery.
5.4 Title in the goods does not pass to the Customer until payment is received in full by Pull the Other One Limited.
5.5 You may request a Proof of Delivery, provided that this request is made in writing within 3 months of the date of delivery and Pull the Other One Limited shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
5.6 Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of you to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. Pull the Other One Limited shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.
5.7 Please note that Pull the Other One Limited will not be liable in the eventuality of late deliveries .
6. Availability
6.1 Our web site is regularly updated, to ensure that we provide accurate details on product availability and the listed lead-time is regularly updated. We endeavour to ensure availability on all our advertised items is constant, however we cannot guarantee or warranty availability. In the unlikely event that your chosen item is unavailable we will contact you to advise of any expected delivery dates. If a product that has been ordered is still not available after the indicated waiting period has elapsed, we will contact you by e-mail or by phone in order to propose an extension to the waiting period or to suggest a different product. At all times you will be informed of the progress of your order.
7. Product specifications
7.1 Pull the Other One Limited makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.
7.2 If Pull the Other One Limited cannot supply the goods ordered by the Customer, Pull the Other One Limited reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to Pull the Other One Limited in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.
8. Trade names and Trade Marks
8.1 Trade names and marks (other than Pull the Other One Limited 's) are not always indications of the actual manufacturer of a particular product and we have many items made for us by well know manufacturers which may vary in specification slightly from items they supply elsewhere
8.2 If you sell products to us you warrant that these products will not be sold through other avenues you supply including your own at a lower price that the retail price you agree with us. In the event of you wishing to discount products through your own avenues that you have already supplied to us, you will give us 14 days notice to enable us to either match your discounts or return the products to you.
9 Warranties and Returns
9.1 Pull the Other One Limited is committed to providing you with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
9.2 All returned goods must be accompanied by Pull the Other One Limited Returns Material Authorisation number ('RMA Number') which can be obtained by contacting Customer Services. Returned goods will not be accepted without an RMA Number. Please write the RMA number on the address label provided with the Returns Material Authorisation and attach it to the returned package. Any damage caused by inadequate packaging may result in the rejection of the return at Pull the Other One Limited 's sole discretion.
9.3 Pull the Other One Limited cannot accept liability for packages damaged during transit. It is the Customer's responsibility to wrap the product adequately to prevent damage.
9.4 Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.
9.5 This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or to goods not used in accordance with the manufacturer's instructions.
9.6 Unfortunately we cannot take back certain types of sex toys and similar products due to hygiene reasons and this will be noted on our sales literature. However if the item is faulty we will always take it back.
9.7 Pull the Other One Limited will only accept a return within 7 days of purchase. We can only accept the return of a defective product that does not meet the description, if they are returned to us within 7 days. Beyond that period you will be deemed to have accepted the goods and you must therefore check the goods promptly on receipt.
9.8 You warrant that whatever you buy from us you will not resell at a lower price in any kind of commercial trading elsewhere.
10 Force Majeure
10.1 Where, in spite of its reasonable efforts, Pull the Other One Limited is unable to fulfil something we have said we will do due to circumstances beyond our reasonable control, we shall not be deemed to be in breach of our contract with you. However we will do everything we can to make things right for you whatever happens
11. Licence
11.1 Pull the Other One Limited grants you a non-exclusive licence to use this website subject to these terms and conditions.
11.2 Your access and/or use of the website constitute your acceptance of these terms and conditions which apply to all pages on our website and for all entry points into our website.
12. Liability
12.1 Except to the extent expressly provided in Pull the Other One Limited 's Terms and Conditions of Sale, if applicable, Pull the Other One Limited makes no warranty, express or implied, or representation whatsoever regarding the website or the Content or any advertising, services or products provided through or in connection with the website.
12.2 This one is standard everywhere and needs to be listed: Pull the Other One Limited will be under no liability to you whatsoever whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with the use of this website or the use, accessing, downloading or relying on any information or other materials contained in this website, including, without limitation, as a result of any computer virus or any malicious computer code.
13. General
13.1 If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed to be severed from the Agreement but this shall not affect the validity or enforceability of the remaining provisions.
13.2 These terms and conditions shall be governed by the laws of England &Wales which means you and us submit to the exclusive jurisdiction of the English courts in respect of any matter arising in connection with these Terms and Conditions or our web site.
So there you have it - we will always do our best for you but some stuff we do becomes a contractual agreement between us and you accept this when dealing with us.
c Pull the Other One Limited 2012