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Terms and Conditions

Last updated: 10th July 2023

 

By Using Our Site You Accept These Terms and Conditions

Please read these Terms and Conditions carefully and ensure that you understand them before using Our Site.

These Terms and Conditions, together with any other documents referred to herein, set out the terms of use governing your use of this website, www.pickandmix.com (“Our Site”). It is recommended that you print a copy of these Terms and Conditions for your future reference.

Your agreement to comply with these Terms and Conditions is indicated by your use of Our Site. If you do not agree to these Terms and Conditions, you must stop using Our Site immediately.

The following document also applies to your use of Our Site:

  • Our Privacy Policy, available at www.pickandmix.com/privacy-policy/. This is also referred to below in Part 15.
  1. Definitions and Interpretation
    • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Content”

means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and

“We/Us/Our”

means Pick and Mix Limited, trading as PickandMix.com.

 

  1. Information About Us
    • Our Site is operated by Pick and Mix Limited, a limited company registered in England and Wales under company number 13162053. Our registered address is Suite 115, 3 Courthill House, 60 Water Lane, Wilmslow, SK9 5AJ.
    • Pick and Mix Limited is a wholly-owned subsidiary of Capstone Park Limited, a limited company registered in England and Wales under company number 14698304.
    • PickandMix.com is a registered trademark of Capstone Park Limited, licensed to Pick and Mix Limited for commercial use.
    • Our VAT number is 421676892.
  2. How to Contact Us
    To contact Us, please email Us at [email protected].
  1. Access to Our Site
    • Access to Our Site is free of charge.
    • It is your responsibility to make the arrangements necessary in order to access Our Site.
    • Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted.
  1. Changes to Our Site
    We may alter and update Our Site (or any part of it) at any time.

 

  1. Changes to these Terms and Conditions
    • We may alter these Terms and Conditions at any time. If We do so, details of the changes will be highlighted at the top of this page. As explained above, your use of Our Site constitutes your acceptance of these Terms and Conditions. Consequently, any changes made to these Terms and Conditions will apply to your use of Our Site the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use Our Site.
    • If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
  1. How You May Use Our Site and Content (Intellectual Property Rights)
    • All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
    • You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).
    • You may not modify the printed copies or downloaded extracts in any way. Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.
    • Our status as the owner and author of the Content on Our Site (or that of identified licensors, as applicable) must always be acknowledged.

 

  1. Links to Other Sites
    • Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.
    • The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.

 

  1. Disclaimers
    • Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only.
    • We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date, but We make no warranties, representations, or guarantees (express or implied) that this will always be the case.
    • If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.

 

  1. Our Liability
    • Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
    • If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
    • If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    • If you purchase a product or service through our website and there is an error or mistake in the pricing that is reasonably obvious in the price, we reserve the right to cancel your order and offer a full refund.
  2. Viruses, Malware, and Security
    • We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.
    • You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
    • You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
    • You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
    • You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    • By breaching the provisions of Parts 13.3 to 13.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
  1. Credit Accounts

    • We offer Credit Accounts to eligible Limited companies and partnerships, registered in England and Wales only:
      1. This remains at our discretion and we reserve the right to refuse Credit Account applications without reason.
      2. You may be required to pay a Credit Account deposit.
      3. We reserve the right to make a search with a credit reference agencies from the information provided in your application.
      4. We will make additional searches with credit reference agencies as ongoing management of your credit facility.
      5. Payment terms will be determined based on trading history. We routinely review payment terms and may extend payment terms.
      6. We reserve the right to pause or terminate your credit facility at any point.
      7. For Credit Accounts, the minimum order value is £250 (excl VAT).
      8. You agree to pay in full, the balance due, no later than the statement due date.
      9. Late payments will incur a Merchant Administration Charge of £50 + VAT.
      10. We reserve the right to freeze Credit Accounts with an overdue balance.
      11. Defaulted Credit Accounts where a balance has remained overdue in excess of 90 days, will be liable to statutory interest charges (8% + Bank of England base rate) on the entire balance. Statutory interest is calculated daily.
      12. If you fail to repay the outstanding balance, we will seek to recover the outstanding debt, in addition to applicable interest, legal, and recovery expenses, no less than 14 days after issuing a Letter Before Action (LBA) to you.
  1. How We Use Your Personal Information

We will only use your personal information as set out in Our Privacy Policy, available from www.pickandmix.com/privacy-policy/.

 

  1. Law and Jurisdiction
    • These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
  2. During periods of warmer weather, we cannot offer a refund, exchange or replacement for any damaged or melted goods.

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