TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING
Welcome to Take That Photo Ltd (TTP).
In these terms, we also refer to TTP as “our”, “we”, or “us”.
And you are you!
What are these terms about?
These terms apply when you use this website, being https://www.takethatphoto.co.uk/ and any other websites we operate with the same domain name and a different extension (“Website”).
These terms also apply when you purchase products and services through this Website and/or on location (“Products”).
If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here Privacy Policy.
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
· Part A: Terms for when you buy Products (applies when you buy)
· Part B: Terms for when you browse and interact with this Website (applies when you browse)
· Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
· Part D: Terms of our Loyalty Programme and Prize Draw
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.
I’ve returned to your Website, do I need to read these terms again?
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.
Part A For When You Buy Products…
YOUR KEY INFORMATION
The Consumer Rights Act 2015 (applicable in the United Kingdom) requires that all our Products are as described, fit for purpose and of satisfactory quality and so nothing in these terms affects statutory rights.
During the expected lifespan of your Product, if this Act applies to you, you’re entitled to the following:
· up to 30 days: if your goods are faulty, you can get a refund;
· up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases;
· up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.
This is a summary of some of your key rights in the United Kingdom. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.
The information above summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.
If you have any questions about this contract or any orders you have placed, please contact us by sending an email to:
1 SUBMITTING AN ORDER
1.1 ORDERS
(a) By submitting an order for purchase of a Product whether on location or by using the Website’s functionality (Order) you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
(c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
2 PRODUCTS
2.1 PRODUCTS
(a) For the purposes of these terms and conditions, Products are taken to include all photographic material produced by TTP (including by any employee, or contractors engaged by TTP) whether in the form of a digital file, a negative, a transparency, a print or any other type of physical or electronic material.
(b) We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website. We try to make sure that:
(i) all weights, sizes and measurements set out on the Website are as accurate as possible, but due to the nature of the Products, there may be some small deviations in such weights, sizes and measurements in the actual Products than those specified on the Website; and
(ii) the colours of our Products are displayed accurately on the site, the actual colours that you see on your device may vary depending on the device that you use.
(c) You acknowledge and agree that:
(i) while TTP aims to have a consistent style, the Products may not be consistent with the style of photographs or videos displayed on TTP’s website, social media or other portfolios, due to factors such as lighting, weather conditions and the availability of subjects or backdrops on the day of the shoot;
(ii) unless otherwise specified, the Products will be delivered with standard image editing which consists of minor adjustments to exposure, colour, background, foreground and removal of objects and specifically excludes retouching of skin, or the alteration to body parts;
(iii) you must not alter or manipulate any Products without TTP’s written permission;
(iv) TTP will retain a copy of the Products for up to six (6) years only and may then, in its sole discretion, dispose of the Products.
2.2 ACCREDITATIONS AND INTEGRITY OF PRODUCTS
Unless otherwise agreed in writing:
(a) all displays or publications of any Products provided to you must, if requested by TTP, bear an accreditation and/or a copyright notice including TTP’s name in the form, size and location as directed by TTP;
(b) you warrant that you will not alter the Products in any way, including by altering colours, tone or size of the Products or cropping the Products (other than as required to post a Products on a social media platform by that social media platform); and
(c) TTP (and any contractor we shall engage to provide any part of delivering the Products) retains the right to describe the Products and reproduce, publish and display the Products in TTP’s portfolios and websites for the purposes of recognition or professional advancement, and to be credited with authorship of the Products in connection with such use. In the event that you request that all (or a substantial part) of the Products be kept confidential, you acknowledge and agree that:
(i) such a request must be made prior to booking or placing an Order;
(ii) TTP reserves the right to decline such a request; and
(iii) in the event TTP accepts such a request, TTP may charge an additional fee if the Products cannot be used by TTP pursuant to this clause 3.2.
2.3 FAULTY PRODUCTS
(a) The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The Products we provide to you must be as described, fit for purpose and of satisfactory quality.
(b) We are under a legal duty to supply you with Products that are in conformity with this contract (subject to your Order being accepted and confirmed).
(c) Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
(i) contact us using the contact details on our site; or
(ii) visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.
(d) Nothing in these terms affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights under law.
(e) If your Products are faulty, please contact us using the contact details at the top of this page.
3 PAYMENT
(a) All prices are:
(i) per unit (except where otherwise indicated);
(ii) in British Pounds (except where otherwise indicated); and
(iii) subject to change prior to you completing an Order without notice.
(b) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
(c) (VAT) Unless otherwise indicated, amounts stated in an Order do not include VAT. In relation to any VAT payable for a taxable supply by us, you must pay the VAT subject to us including that amount in the Order, or otherwise providing a tax invoice.
(d) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products, including squareup.com. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment. Squareup.com’s terms of service are binding on you and are available here: https://squareup.com/gb/en/legal/general/ua.
(e) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
(a) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
(b) For information on delivery options and costs, visit our Website. During the online checkout process, you will be given available delivery options to choose from.
(c) The estimated date and time window for delivery of Products is set out on our Website, and in your Order.
(d) If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.
(e) Delivery will take place to the address provided by you when you placed your Order with us.
(f) Unless we agree in writing otherwise, if we cannot deliver your Product within 30 days of the date of your Confirmation Email, we will:
(i) let you know;
(ii) cancel your order; and
(iii) give you a refund.
(g) If nobody is available to take delivery when it is delivered to your delivery address, please contact us using the contact details on our Website.
(h) You are responsible for any Products once it has been delivered to the address specified by you when you placed your Order. In other words, the risk in the Product passes to you when you take, or a third party notified by you takes, possession of the Product.
(i) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. Subject to the other provisions of this clause 4, all delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
(j) TTP reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
We reserve the right to cancel your Order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
5.2 CANCELLATION BY YOU
You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you, subject to the rest of this clause 5 - our refunds and exchanges process may apply.
5.3 CONTRACTS THAT CANNOT BE CANCELLED FOR CHANGE OF MIND
(a) Orders are printed to order. We do not offer change of mind cancellation for Orders.
(b) For these goods, we are under no obligation to offer a refund under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
(c) This does not affect your statutory rights in relation to faulty goods, as set out in clause 5.4.
(a) For all goods purchased, you have statutory rights if your order has been damaged in transit or the goods were not of satisfactory quality or as described, which may entitle you to a replacement or refund. Nothing in this clause 5.4 will require us to provide a refund, repair or replacement in respect of loss or damage to goods caused by you, or otherwise caused to the goods after they entered your possession.
(b) If you do have the right to cancel these terms due to the relevant Product(s) being faulty, we will reimburse to you all payments received from you in respect of the relevant Product, including the cost of delivery (except for any supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
(c) If you wish to cancel this contract due to the goods being faulty, in accordance with clause 5.4, we will reimburse you all payments received by you, including the cost of delivery (subject to clause 5.4(b) and the process set out in this clause 1.1(a) will apply, provided that the relevant good is faulty in accordance with clause 5.4. If the product is not faulty, we may refuse your refund/cancellation request.
(d) We will use the same method of payment for issuing any refund owed to you using the method you used for your initial payment, unless we have expressly agreed otherwise.
(e) We may make a deduction from any reimbursement issued to you for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
(f) We will pay any refund owed to you without undue delay, and not later than:
(i) 5 business days after the day we received back from you any goods supplied;
(ii) (if earlier) 5 business days after the day you provide evidence that you have returned the goods; or
(iii) if there were no goods supplied, 5 business days after the day on which we are informed about your decision to cancel this contract (if applicable).
(g) For any valid cancellation under clause 5.1, we may withhold reimbursement until we have received the relevant goods back from you or you have supplied evidence of having sent back the goods, whichever is the earliest.
(h) For any requested refund under clause 5.4, we may withhold reimbursement until we have inspected the relevant goods, to ensure that they are faulty, and that a refund or replacement is appropriate.
(a) TTP retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
(b) In this clause 6, “intellectual property rights” means copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in the United Kingdom and throughout the world.
7 THIRD PARTY SUPPLIERS
(a) We may do any of the following:
(i) outsource any part of performing any services related to providing the Products, including delivery of your Products; or
(ii) procure materials and Products from third party suppliers,
without further notice to or permission from you.
(b) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.
Part B For When You Browse This Website…
8 ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
9 YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of TTP;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of TTP, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
10 INFORMATION ON THE WEBSITE
(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(i) the Website will be free from errors or defects (or both, as the case may be);
(ii) the Website will be accessible at all times;
(iii) messages sent through the Website will be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website will be secure or confidential; and
(v) any information provided through the Website is accurate or true.
(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
11 INTELLECTUAL PROPERTY
(a) TTP retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from TTP or as permitted by law.
12 THIRD PARTY TERMS AND CONDITIONS
(a) The Customer acknowledges and agrees that third party terms & conditions (Third Party Terms) may apply.
(b) The Customer agrees to any Third Party Terms applicable to any third party goods and services, and TTP will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.
13 LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
14 SECURITY
TTP does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
15 REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
Part C Liability And Other Legal Terms…
16 LIABILITY
(a) To the maximum extent permitted by applicable law, TTP limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by TTP, is limited to the greater of:
(i) the total Fees paid to TTP by you in the 6 months preceding the first event giving rise to the relevant liability; and
(ii) £100GBP.
(b) All express or implied representations and warranties in relation to Products and the associated services performed by TTP are, to the maximum extent permitted by applicable law, excluded.
(c) (Indemnity) You indemnify TTP and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
(i) breach of any of these terms;
(ii) use of the Website; or
(iii) use of any Products, or other goods or services provided by TTP.
(d) (Consequential loss) To the maximum extent permitted by law, under no circumstances will TTP be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by TTP (except to the extent this liability cannot be excluded under law.
(e) Nothing in these terms or any Order will exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
(f) To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms or an Order, including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause will be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions will remain in full force and effect.
17 DISPUTE RESOLUTION
(a) A party claiming that a dispute has arisen under or in connection with these terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory injunction, unless that party has complied with the requirements of this clause.
(b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
18 THIRD PARTY RIGHTS
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
19 FORCE MAJEURE
(a) If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:
(i) reasonable details of the Force Majeure Event; and
(ii) so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.
(b) Subject to compliance with clause 19(a), the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
(c) The Affected Party must use its reasonable endeavours to overcome or remove the Force Majeure Event as quickly as possible.
(d) (d) For the purposes of this agreement, a ‘Force Majeure Event’ means any:
(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
(ii) strikes or other industrial action outside of the control of the Affected Party;
(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
(iv) any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.
20 GENERAL
20.1 GOVERNING LAW AND JURISDICTION
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
20.2 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
20.3 SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
20.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
20.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
20.6 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
20.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
20.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to £, or “pound”, is to pound sterling (GBP), unless otherwise agreed in writing, and a reference to “$” or “dollar” is to USD, unless otherwise agreed in writing;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
20.9 NOTICES
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party,
(iii) whichever is earlier.
Part D Terms of our Loyalty Programme and Prize Draw
IMPORTANT NOTE: These Terms and Conditions form a legally binding agreement between you and TTP. Please read them carefully before participating in the Loyalty Programme.
21 Loyalty Programme
21.1 Programme Membership and Eligibility
(a) The Programme is a free rewards scheme available at our events and through your customer account. By registering or participating, you agree to these Terms and Conditions.
(b) Eligibility
(i) Membership is free and available to individual consumers purchasing for personal, domestic use only.
(ii) Business customers, employees of TTP, and their immediate family members are not eligible.
(c) One Account: You may maintain only one Loyalty Programme account. Duplicate, fraudulent or linked accounts may be suspended or merged at our discretion.
(d) Enrolment: You will be enrolled automatically when you create an account at one of our events. Points or discounts cannot be backdated to purchases made before enrolment.
(e) Minimum age: You must be 18+ to join. If under 18, a parent or guardian must consent.
(f) Opting Out: You may cancel your membership at any time via our website. Upon cancellation, all unredeemed points will immediately expire.
21.2 PURCHASES and earning POINTS
(a) Points and discounts are awarded based on the value (final purchase price) of your qualifying purchase.
(b) Exclusions: No points or discounts are awarded on postage/shipping and packaging, online orders, VAT or products already discounted.
(c) No Monetary Value: Points have no cash value, are non-transferable and cannot be sold or assigned.
(d) Points will generally be applied immediately, subject to verification.
(e) Refunds: If a purchase is refunded or cancelled, any points earned from that purchase will be deducted. This may result in a negative points balance.
(f) Discretionary Points: We may award promotional or goodwill points at our discretion.
21.3 OTHER WAYS TO EARN POINTS
(a) Earning Points: Points are also earned as follows:
|
Activity |
Points |
Notes |
|
Follow us on Instagram |
5 |
One-time only; verification may be required |
|
Leave a Google Review |
5 |
One-time only; unverified/removed reviews may void points |
|
Refer a friend who makes a qualifying purchase |
2 |
See Referral Scheme terms |
21.4 REDEEMING POINTS AND EXPIRY
(a) Redemption Rates
|
Points |
Reward |
|
5 |
£0.50 off a future order |
|
10 |
£1.00 off a future order |
|
15 |
£1.50 off a future order |
|
20 |
£2.00 off a future order |
|
30 |
£3.00 off a future order |
Redeemable only in multiples of 5 points.
(b) Redeemed points are non-refundable. We may cancel a redemption and reinstate points if not yet used and where selected in error.
(c) Expiry: If no points are earned or redeemed for 36 consecutive months, your account becomes inactive and all points expire.
(d) If your account is closed by you or terminated by us, all unredeemed points are forfeited.
21.5 REFERRAL SCHEME (LINKED TO PRIZE DRAW)
(a) Each member has a unique referral link. A referred customer must:
(i) be a new customer;
(ii) use your referral link; and
(iii) use the referral discount code and meet any minimum spend requirement.
(b) Successful referrals earn 2 points and one entry into the Prize Draw (see Prize Draw Terms).
(c) We may refuse, remove or deduct points for fraudulent, abusive or self-referral activity (including multiple accounts).
21.6 PROGRAMME CHANGES, SUSPENSION AND TERMINATION
(a) We may amend, suspend or terminate the Programme or these Terms at any time.
(b) We will provide reasonable notice of material changes or permanent Programme closure (e.g., 30 days) via our website or email.
(c) We may suspend or terminate your membership immediately, with points forfeited, if you:
(i) engage in fraud, misuse or abuse of the Programme;
(ii) breach these Terms; or
(iii) act in a way that is detrimental to us or other customers.
21.7 DATA PROTECTION AND PRIVACY
(a) Use of Personal Data: We collect and process your personal data (including your name, contact details, and purchase history) to administer the Programme, allocate rewards, and manage referrals.
(b) Marketing: We will only send marketing communications if you have provided valid consent. You may withdraw consent at any time via the unsubscribe link or by contacting us.
(c) Preferred Partners: If you opt-in, we may share your information with carefully selected third-party partners for marketing or promotional purposes. You may withdraw this consent at any time.
(d) Our processing of your data complies with UK GDPR and the Data Protection Act 2018. See our Privacy Policy at Privacy Policy.
(e) Data retention: Points and referral data are retained for 6 years unless you close your account or opt-out.
21.8 INTELLECTUAL PROPERTY
(a) Any content or material you submit (including but not limited to reviews and photos) remains your property, but by submitting, you grant TTP a royalty-free, worldwide license to use it for marketing or promotional purposes.
21.9 GENERAL CONDITIONS AND LIABILIITY
(a) The Programme is provided “as is” and “as available”. We do not guarantee uninterrupted availability.
(b) To the fullest extent permitted by law, we are not liable for losses arising from suspension or termination of the Programme, system errors, or unavailable rewards.
(c) Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded under English law.
(d) These Terms are governed by the laws of England and Wales. Any disputes are subject to the exclusive jurisdiction of the English courts.
22 ReferAL Prize Draw Terms and Conditions
IMPORTANT: By entering, you agree to these Terms and to the TTP Loyalty Programme Terms and Conditions.
22.1 ELIGIBILITY AND ENTRY PERIOD
(a) You must be an active TTP Loyalty Programme member aged 18+ and a resident in the United Kingdom.
(b) The Prize Draw runs annually from 1 October to 30 September (“Entry Period”). Entries outside this period roll into the next period.
22.2 HOW TO ENTER
(a) You receive one (1) Prize Draw entry for every successful qualifying referral.
(b) A referral is successful only if all of the following conditions are met:
(i) The referred person is a new TTP customer;
(ii) They use your unique referral link; and
(iii) They complete a qualifying purchase, using the referral discount code and meeting the minimum spend requirement.
(c) Additional entries are earned via the Loyalty Programme:
(i) Leaving a Google review earns 5 points (points only, not Prize Draw entries).
(ii) Referring a friend who then completes a qualifying purchase earns 2 points and one Prize Draw entry.
(d) There is no limit to the number of Prize Draw entries a member can accumulate during the Entry Period.
22.3 THE PRIZE
(a) The winner receives £500.
(b) The prize will be transferred via BACS to a valid UK bank account within 30 days of winner confirmation.
(c) The prize is non-exchangeable. We may substitute the prize for one of equal or greater value where necessary.
22.4 WINNER SELECTION AND NOTIFICATION
(a) One winner will be chosen at random within seven (7) days of the end of each Entry Period, using an independent randomised process.
(b) The winner will be notified via the email address linked to their Loyalty Programme account.
(c) The winner must respond and provide valid UK bank details within 14 days.
(d) Failure to claim the prize within 14 days results in forfeiture, and an alternate winner may be chosen.
(e) The winner’s surname and county will be available on request for 30 days after the draw, in accordance with the CAP Code. The winner may object to publication for legitimate reasons.
22.5 DISQUALIFICATION
(a) We may disqualify entries or reclaim the prize if we suspect fraud, abuse of the referral system, breach of these Terms, or manipulation (including self-referrals or multiple accounts).
(b) The Prize Draw uses a fair, independent, randomised process.
22.6 DATA PROTECTION
(a) Personal data will be processed solely for operating the Prize Draw, contacting the winner, and fulfilling the prize.
(b) Processing is carried out in accordance with our Privacy Policy and UK data protection law.
(c) You may withdraw consent for marketing communications at any time, but this will not affect your Prize Draw entry.
22.7 GOVERNING LAW
(a) These terms and the Prize Draw are governed by the laws of England and Wales. Any disputes are subject to the exclusive jurisdiction of the English courts.
