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Terms of Use

LARANJA-2

Terms of Use

Welcome to Pantree! When using the services provided on our site, you're agreeing to our terms, so please take a few minutes to read over the terms of use ("Terms of Use") below.

Please note, you are entering into a legally binding agreement.

Please read these Terms of Use carefully before using the website and services offered by Pantree Marketplace Ltd (the “Company”).

These Terms of Use set out the legally binding terms and conditions for your use of the website at www.pantree.co (the "Pantree Website").

We amend these Terms of Use from time to time. Please check these Terms of Use to ensure you understand the applicable terms. These terms and conditions were last updated on 01 August 2021.

By using the Pantree website in any manner, including but not limited to visiting or browsing Pantree, you (the "user" or "you") agree to be bound by these Terms of Use, including those additional terms and conditions and policies referred to here and/or available by hyperlink.

If you have any questions, please contact hello@pantree.co

Section A

Information about Us

We are registered in England and Wales under company number 13234564 and our VAT registration number is 377415866. We are based in Enfield, North London.

Scope

We are an online marketplace for people to buy and sell artisan kitchenware and gourmet food & drink.

The Pantree marketplace acts as a venue. Pantree is an online marketplace that allows artisanal kitchen & dining, and gourmet food & drink producers (“Producer”) and customers who comply with the Terms of Use and the Company’s policies to offer, sell and buy products and other items (“Products”) pursuant to our guidelines.

The Company is not a Producer and does not sell any Products. The Company may facilitate the fulfillment of the delivery of Products purchased on the Pantree Website, but is not a party to any transactions between customers and producers.

Whilst the Company tries to ensure that material included on the Pantree Website is correct, it has no control over the quality, safety or legality of any aspect of the items listed, the truth or accuracy of the listings.

Accessing Pantree

Although hopefully this will be a rare occurrence, there may be occasions when the Pantree service is unavailable to you.

Access to Pantree is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through our products without notice. We shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the Pantree product at any time or for any period.

We rely on third party providers (such as network providers, data centres and telecommunication providers) to make Pantree products and the content therein available to you. Whilst we take all reasonable steps available to provide you with a good level of service, you acknowledge and agree that we do not warrant that the Pantree product shall be uninterrupted or fault-free at all times. We shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Pantree product as a result of our service providers.

From time to time, we may restrict access to any or all of the Pantree products and to users who have registered with us. Any personal data and other information provided by you will be processed by us in accordance with our Privacy Policy. By providing any such personal data or other information you agree to the terms of our Privacy Policy.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Terms of Use.

Registering with Pantree

To order from the Pantree products, users must first register with us. This is not a credit account, and payment will be required if products are ordered.

The personal and payment details you give to us are governed by a strict privacy policy - the separate Privacy Policy document is available on the Pantree Website.

Pantree’s services are available only to, and may only be used by, individuals who are 18 years and older and who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.

In addition, you agree to abide by the Company’s policies as stated in the Terms of Use and the Company policies listed below (if applicable to your activities on or use of the Pantree platform), as well as all other operating rules, policies and procedures that may be published from time to time on Pantree, each of which is incorporated into these Terms of Use by reference and each of which may be updated by us from time to time.

In addition, some services offered through the Pantree platform may be subject to additional terms and conditions published by us from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

You understand that a breach of any of the Terms of Use may result in your use of services on the Pantree Website being restricted.

Password and Security

You will keep your password a secret. You are responsible for anything under your password.

When you register to use the Pantree Website you will be asked to create a unique password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately at hello@pantree.co. We would also suggest that you also change your password immediately through the ‘My Account’ section of the Pantree Website.

If we have reason to believe that there is likely to be a breach of security or misuse of the Pantreeplatform, we may require you to change your password or we may suspend or cancel your account.

 

Purchasing Products on the Pantree Website

Please note that when you purchase products on the Pantree website, the resulting legal contract is between you and that Producer and is based on the Terms of Use. Even though we may facilitate the fulfillment of the transaction, all transactions are entered into between you and the Producer.

Each order you place shall be deemed to be an offer by you to purchase the Products from the relevant Producers subject to the Terms of Use and the applicable product details. After you place an order, you will receive an order confirmation that we have received your order which we will pass on to the relevant Producer. You should carefully review these Terms of Use, the order confirmation and the applicable details on the product page in relation to the order. This confirmation email will signify acceptance of your order and a legally binding contract will be formed between you and the relevant Producer.

Producers will do all that they can to ensure that your order is fulfilled. If an item you have ordered is unable to be delivered, you will not be charged for it. We will, however, bear no liability for unavailability of Products.

The images of the Products listed on the Pantree Website are stock photographs used by Producers for illustrative purposes only. Although Producers will make every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on the Pantree Website are for information purposes only.

You may submit orders for Products by using our online ordering facility on the Pantree Website at any time after you have created an account. The facility and our communications to you in relation to any order or contract will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.

Each Product for which you click 'Add to basket' is added to a 'shopping basket' facility. You are given the opportunity to review the quantity of order of each item in your shopping basket when you choose to check out. You can change these, or cancel the purchase of each of the Products completely, at this stage, at any time before clicking 'place order'.

Your submission of an order amounts to an offer to enter a contract to buy the Products from the individual Producers. Subject to the paragraph above, you cannot then withdraw or cancel your order.

All prices for Products are inclusive of any applicable VAT.

For more information on ordering please contact hello@pantree.co.

 

Delivery

Please note that delivery is only available in within the United Kingdom. Deliveries will be made by the Carrier to the address stipulated in your order. Delivery will be completed when you have taken physical possession of the Products. All age-restricted goods must be received by a person who is at least 18 years old at the time of delivery or click & collect handover.

There may be costs involved in home delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on the delivery confirmation page before you confirm your order. Any delivery charge added to your order will be dependent upon, amongst other things, the value of your order, the date and time of your delivery and your delivery address and charges may vary from week to week.

We always aim to deliver your goods within the delivery window, but we cannot accept liability if we deliver the goods outside of this window.

You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or damaged while there, we do not accept liability, and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal.

If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes.

Please inspect the Products as soon as possible after delivery and notify us promptly if you find any defects, by mailing us on hello@pantree.co. We will replace or refund you for defective Products.

Payments

We use third party payment handlers to processes all payments made via the Pantree Website.

Stripe Payments Europe Limited is a quick and secure way to accept credit and debit card payments from Pantree customers. Stripe meets and exceeds the most stringent industry standards for security. Stripe are also audited by a PCI-certified auditor, and are certified to PCI Service Provider Level 1, which is the highest level of certification available.

These services are offered on the Pantree Website as a means of payment. By signing up to Pantree, you agree to be bound by the Terms and Conditions of Leech and Stripe Payments Europe Limited (C/O A&L Goodbody, Ifsc, North Wall Quay, Dublin 1, 662880, Ireland. Stripe)

Cancelling your order

In respect of non-perishable items, you have the right to cancel under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (“CCRs”), the contract at any time until the expiry of the 14th working days after the day on which you receive the goods you ordered. Please note that you do not have a right under the CCRs to cancel orders in respect of food or other perishable items.

Any paid delivery charge will be included in your refund once we have received all (not part) of your order. Please note the delivery charge refund will be to the value of standard delivery. We will process your refund within 14 days of receipt of the returned products. You must take reasonable care of the goods while in your possession and they must be returned in a saleable condition before we can issue your refund.

If you wish to return non-perishable items that you have ordered, please use the Pantree Returns Portal.

Products should be returned in or with any original packaging. We will arrange with you for cancelled non-perishable goods to be returned to us, and we will credit your payment card with the price of such goods within a reasonable period from the day on which the goods arrive at our fulfilment centre (provided payment has already been debited to your payment card).

Reviews, comments, communications, and other content

We love when you leave feedback and we might share it with other users. Although we don’t own your content, by posting it on our site you grant us a licence to use it.

The Pantree Website may provide users with an opportunity to provide feedback in a variety of forums including, but not limited to product reviews, recipe reviews and other Pantree Website reviews. This helps our users to share factual information and personal opinions about Products, and provide views and opinions on a variety of topics.

Users may have the ability to post reviews, comments and other content and submit suggestions, ideas, comments, questions or other information where available to do so on Pantree, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of other content. We reserve the right to remove or edit such content. If you believe that any content on the Pantree website contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on the Pantree Website, please notify us at hello@pantree.co.

We do not claim ownership rights in your content. If you post content or submit material, and unless we indicate otherwise, you grant us a perpetual, irrevocable, non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, remove and display such content throughout the world in any media.

You agree to allow the Company to store or re-format your content on the Pantree platform and display your content on the Pantree Website in any way we choose. We will only use personal information in accordance with our Privacy Policy.

By uploading content to the Pantree Website you promise that you own and/or have the right to use such content in this manner and that such content does not infringe any third party intellectual property rights. In the event that we receive a complaint in respect of any content posted by you it shall be your sole responsibility to deal with such a complaint and to compensate us for any loss suffered. We reserve the right to remove any such content immediately.

No Undertaking

We cannot give any undertaking, that Products and/or services you purchase from Producers through the Pantree Website will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against a Producer. Where you order goods and/or services through the Pantree Website we may disclose your customer information related to that transaction to the relevant Producer.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in the Pantree Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

We own, or are the licensee to, all right, title and interest in the Website, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Pantree website.

You must not extract or otherwise use any of the content on Pantree for commercial purposes without obtaining a licence to do so from us or our licensors.

We respect the intellectual property rights of others and we ask our users to do the same. If you are aware that any of your intellectual property rights have been infringed on the Pantree website, please contact us to report the concern.

No reliance on information

Although we believe everything on Pantree is up to date and accurate, we can’t guarantee that it is.

The content on the Pantree Website is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our site, we make no representation, warranty or guarantee, whether express or implied, that the content on our site is accurate, complete or up-to-date. We have no obligation to verify the content of such information or to edit any such information provided by third parties. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.

Limitation of Liability

We disclaim any legal liability for the quality, safety, reliability or any events that transpire from your use of the Pantree Website.

You acknowledge that your use of the Pantree Website and its content is at your own risk.

Except for liability which we cannot by law restrict or exclude, we shall have no liability to you or any third party for any direct, indirect or consequential damages (including loss of profits), or any other any damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise. Applicable law may not allow the limitation or exclusion of liability of certain damages, so this limitation or exclusion may not apply to you in its entirety.

Linking to our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

If you wish to make any use of content on our site other than that set out above, please contact hello@pantree.co

Third Party Links and Resources on the Pantree Website

From time to time, Pantree may also include links to other websites, which are not under the control of the Company. These links are provided for your convenience to provide further information. We have no control over the nature, content and availability of those sites accept no liability for any losses whatsoever that may be incurred as a result of any linking to the same. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Waiver

If we fail at any time to insist upon strict performance of any of your obligations under these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Applicable Law

Your use of the Pantree Website, these terms and conditions and the Pantree Privacy Policy and any dispute arising in connection with them is subject to the laws of England and Wales. In the event of any dispute you agree to submit to the exclusive jurisdiction of the courts of England and Wales.

While we may help facilitate the resolution of disputes, we have no control over and do not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, listings or feedback; or the ability of Producers to sell items.

Privacy Statement

You will have the opportunity to input your personal information on the Pantree Website. Please see our Privacy Policy  for further details on how we use this information. Where you do consent to our holding and using of your personal information, it is intended that such consent will benefit any purchaser of our business.

Severability

If any of these Terms of Use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Changes to these terms

We may revise these Terms of Use or other policies at any time, so please review the policies frequently to take notice of any changes we make, as they will be binding on you. If we make a material change we will notify you here, by email, by means of a notice on our homepage, or any other way we deem appropriate. What constitutes a "material change" will be determined at our sole discretion, in good faith, and using common sense and reasonable judgment.