The Cold Pod
TERMS AND CONDITIONS
These terms, together with any documents referred to within, set out the terms under which products are sold through this website. Please read these terms carefully and ensure that you understand them. Any orders placed will be subject to these terms and you will be deemed to have accepted them if you place an order.
“We/Us/Our” means C & H Trading Online Limited trading as The Cold Pod (company number 12287758) of registered office Unit 6 Five Oaks Business Park, Geddinge, Wootton, Canterbury, Kent, CT4 6RY.
“You/Your” refers to any customer who purchases products through this website.
We may amend these terms at any time, without notice.
Business Customers and International Customers
These Terms and Conditions do not apply to customers purchasing Products in the course of business.
Please note that We may sell to customers outside the United Kingdom. Please see the list of countries from where we accept orders. Please note that You will be given details of relevant delivery charges during the order process. You will be liable for any duty payable locally on the order. All contracts are subject to English law and jurisdiction as set out in paragraph 12 below.
Products, Pricing and Availability
We make all reasonable efforts to ensure that all descriptions and graphical representations of products correspond to the actual products. Please note, however:
Images of products are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product (or packaging of the product) sold due to differences in computer displays and lighting conditions;
We cannot guarantee that products will always be available;
We make all reasonable efforts to ensure that all prices shown on Our website are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary;
All prices are checked by Us before We accept your order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, we will simply charge you the lower amount and continue processing your order. If the correct price is higher, We will give you the option to purchase the products at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If We do not receive a response from you within 7 days, We will treat your order as cancelled;
Delivery charges are not included in the price of products displayed on Our website. Delivery options and related charges will be presented to you as part of the order process.
Orders – How Contracts Are Formed
Our website will guide you through the ordering process. Before submitting your order you will be given the opportunity to review and amend it. Please ensure that you have checked your order carefully before submitting it;
If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order;
Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your order does not mean that we have accepted it. Our acceptance is indicated by Us sending you confirmation by email. Only once We have sent you such confirmation will there be a legally binding contract between Us and you;
In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible. Any refunds will be made using the same payment method that you used when ordering the products.
Payment for products and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your order will not be dispatched until payment has been processed.
Delivery, Risk and Ownership
You will select the delivery option you prefer during the ordering process. All deliveries are made by third party couriers, who have different delivery timescales and rules for what will happen if they cannot deliver your order. You will be advised of these either during the ordering process or by the third party courier directly. Please note though that all dates are for guidance only and we can not liable for any delays caused by the third party couriere or other events outside of Our control.
Delivery shall be deemed complete and the responsibility for the products will pass to you once the products have been delivered to the address you have provided.
Faulty, Damaged or Incorrect Products
By law, We must provide products that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined. If any products you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) products, please click here as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement. Your rights are as follows:
Beginning on the day that you receive your order you have 30 calendar days to reject the products and to receive a full refund if they do not conform as stated above;
If you do not wish to reject the products, or if the 30 calendar day rejection period has expired, you may request a repair of the products or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired products. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days;
If, after a repair or replacement, the products still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the products at a reduced price, or to reject them in exchange for a refund;
If you exercise the final right to reject the products more than six months after you have received the products (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Products;
Please be aware that after six months have passed since you received the products, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery;
Please note that you will not be eligible to claim under this paragraph if We informed you of the fault(s), damage or other problems with the products before you purchased them (and it is because of the same issue that you now wish to return them);
Please note that you are not able to claim under this paragraph if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return products to Us under this paragraph merely because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling-off period within which you can return products for this reason. Please refer to paragraph 7 for more details;
To return products to Us for any reason under this paragraph please click here. We will be fully responsible for the costs of returning products under this paragraph;
Refunds (whether full or partial, including reductions in price) under this paragraph will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund;
Any and all refunds issued under this paragraph will include all delivery costs paid by you when the products were originally purchased;
Refunds under this paragraph will be made using the same payment method that you used when ordering the products;
We may as a gesture of goodwill from time to time, agree to refund or replace products even though we are not legally obliged to do so. In which case, such refund or repair will be without prejudice and will not imply any additional contractual rights to You or any other customers for future purchases
Cancelling and Returning Products if You Change Your Mind
If you are a consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel your order for any reason. This period begins once your order is complete and We have sent you your order confirmation. You may also cancel for any reason before We send the order confirmation;
If the products are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the products;
If the products are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of products;
Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted;
Please ensure that you return products to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this paragraph;
You may return products to Us by post or another suitable delivery service of your choice to Our returns address at The Cold Pod, Unit 6, Five Oaks Business Park, Geddinge Lane, Wootton, Canterbury. Please note that you must bear the costs of returning Products to Us if cancelling under this paragraph;
Refunds under this paragraph 6 will be issued to you within 14 calendar days of the day on which We receive the products back;
Refunds under this paragraph may be subject to deductions in the following circumstances:
Refunds may be reduced for any diminished value in the products resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). In the case of our pods, this means opening the cellophane wrapping and/or putting liquid in the pod. Please therefore do not open this wrapping or put liquid in our pods if you wish to return them under this clause. Please note that if We issue a refund before We have received the products and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the products have been handled excessively as described above;
Your original standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that We cannot reimburse for any premium delivery. We will only reimburse the equivalent standard delivery costs when issuing refunds under this pargraph 6;
Refunds under this paragraph 6 will be made using the same payment method that you used when ordering the Products.
Our Liability to Consumers
We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these terms or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the contract is created. We will not be responsible for any loss or damage that is not foreseeable. Any liability we do have will be limited to the cost of the product from which the liability arises;
We only supply products for domestic and private use by consumers. We make no warranty or representation that the products are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity;
Nothing in these terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control;
If the event outside of Our control continues for more than 6 months We will cancel the contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 1 month of the date on which the Contract is cancelled;
If an event outside of Our control occurs and continues for more than 6 months and you wish to cancel the contract as a result, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 1 month of the date on which the contract is cancelled.
How We Use Your Personal Information (Data Protection)
All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and the Privacy and Electronic Communications and your rights under those Acts.
We may use your personal information to:
Provide Our products and services to you;
Process your order (including payment) for the products; and
Inform you of new products and/or services available from Us. You may request that We stop sending you this information at any time by emailing us at firstname.lastname@example.org.
We will pass your details on to third parties such as couriers in order to fulfil your contract with us but we will not pass on your personal information to any third parties for marketing purposes without first obtaining your express permission.
Please visit our Privacy Notice page for full details of how we process, store and use your personal data.
Other Important Terms
We may transfer (assign) Our obligations and rights under these terms to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these terms will not be affected and Our obligations under these terms will be transferred to the third party who will remain bound by them;
You may not transfer (assign) your rights under these terms without Our express written permission;
If any of the provisions of these terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these terms and the remainder of these terms shall be valid and enforceable;
We may revise these terms from time to time. If We change these terms as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.
Law and Jurisdiction
These terms and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law;
If you are a consumer, any disputes concerning these terms, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England regardless of your residency.
PROMOTIONS, SPECIAL OFFERS, LOYALTY DISCOUNTS & COMPETITIONS
Sales, promotions, reductions and special offers cannot be applied retrospectively to previous orders. Coupon codes are not valid for sale items and customers can only use one coupon code per order. All promotions are subject to available stock. We reserve the right to amend, remove or otherwise change any promotion.
FREE GIFT PROMOTION
Free gift promotions are restricted to one gift per order. The free gift is non-returnable and is provided ‘as-is’. If you wish to return your original purchased item you must return this along with the free gift. Both the original purchased item and the free gift must be unused.
You should conduct your own health checks and research, including seeking medical advice if you are at all unsure whether you should engage in cold water therapy.
Please note we are not medically qualified, nor is any information contained on our website medical advice. So far as we are legally able to do so, we exclude liability from any harm that arises from the use of the Cold Pod.