Terms and Conditions

Terms & Conditions of Use and Sale

Welcome to pogopack.co.uk.

pogopack.co.uk is the official Website of Pogo Limited. We provide information to you about PoGo and sell our products to you subject to the conditions set out on this page. By using or accessing this Website and/or by placing an order you acknowledge that you have read and understood these Terms and Conditions and our Privacy Policy and that you agree to be bound by them as they may be modified and posted on our Website from time to time.

If you do not agree to be bound by these Conditions and our Privacy Policy you may not access or use this Website.

These Conditions do not affect your statutory rights as a consumer.

This Website is operated by PoGo Limited. If you have any queries regarding these Conditions or Privacy Policy, please contact us before placing an order.

Definitions

"Blog"
means the Blog that appears on our website which is intended for public viewing.

"Conditions" means the terms and conditions appearing on this website at any time.

"Content"
means any information, graphics, images or other materials appearing on this Website at any time;

"Personal Information"
means any information about you from which you can be identified, including your name, address and any other information that you provide to us;

"Product"
means a product displayed on this Website that is offered for sale;

"Product Description"
means the details that describe the relevant product;

"Questionnaire"
means the questionnaire, polls or other similar facilities that invite users to participate by providing their answers, opinions, comments or other such information;

"Registered user"
means any person who registers on this website

"Submitted content"
means any content you upload, post, submit or otherwise transmit to or through pogopack.co.uk or by letter to PoGo Limited which contains messages, comments, suggestions or any other material;

"User"
means a person using this Website;

"We/us/our" means PoGo Limited;

"Website"
means the Website located at pogopack.co.uk or any subsequent URL which may replace it;

"You/your"
means you as user of this Website.

Access to the Website

PoGo Limited reserves the right to refuse access to pogopack.co.uk and to remove or edit content or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

Availability of Website

We will use our best endeavours to ensure that the availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance or upgrades. We will use our best endeavours to limit the frequency and duration of any such suspension or restriction. We reserve the right to make changes or corrections to or withdraw or suspend any content, product or service from this Website, either temporarily or permanently, at any time and without notice, including your access to it and you confirm that we shall not be liable to you or any third party for any such change, correction, withdrawal or suspension. Unless explicitly stated to the contrary, any new content, service or product offered shall be subject to these Conditions.

You are responsible for regularly checking the Conditions on the Website to ascertain whether there have been changes thereto and your continued use of this Website following any modification from time to time shall be deemed to be your acceptance of such change.

Licence For Website Access

Pogo Limited grants you a limited licence to access and make personal use of this Website, but you are strictly prohibited from downloading or modifying all or any part of this Website, except with the express written consent of PoGo Limited.

This licence expressly excludes any resale or commercial use of this Website or its contents and any collection and use for any purpose of any information, graphics, trademarks, product details, descriptions, or prices or any derivative use of this Website or its contents.

This Website or any part of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not copy, replicate or use any trademark, logo, or other proprietary information (including images, designs, text or page layouts of PoGo Limited) without our express written consent. Any unauthorised use terminates the permission or license granted to you by PoGo Limited.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the pogopack.co.uk Website provided that the link does not portray PoGo Limited or its products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any PoGo logo or other proprietary graphic or trademark as part of the link without our express written consent.

Access to Restricted Areas of our Website

PoGo makes available to registered users material for download in a restricted area of our Website.

Accessing the restricted areas of our website through illegitimate means is an illegal act and we reserve the right to seek damages from you.

Children aged under 12

PoGo undertakes procedures to ascertain as far as is reasonably and practicably possible that children under the age of 12 who register on our website have parental consent. PoGo cannot and will not be held responsible for any child of any age who gives false information in order to gain access to the registered areas. The parent/s or guardian/s of any child who registers on our website agree to indemnify PoGo against any claims where children have obtained access to our website without their permission.

For further details about our registration procedures for children aged under 12 please refer to Using this site.

Disclaimer of Warranties

You agree that your use of this Website and any of our services is at your sole risk. The Website and services are provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, including but not limited to warranties of title, fitness for a particular purpose (unless expressly agreed in writing prior to purchase), merchantability and non-infringement of proprietary or third party rights.
To the extent that it is lawfully possible to do so, we make no warranty that:

1. our Website and our services and/or any content will meet your requirements
2. your access to and use of our Website will be error-free or will be uninterrupted
3. any defects, errors or inaccuracies will be corrected
4. our Website is compatible with your computer system
5. our Website, the server that makes it available, or any material you download from our Website (subject to these Conditions) will be free from infection, viruses and/or other code that has contaminating or destructive properties.

You are responsible for implementing sufficient security procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. Further, if your use of this Website results in the need for servicing or replacement of any equipment or data, this will be at your sole risk and expense.

No advice or information, whether oral or written, obtained by you through or from our Website or from our services will create any warranty not expressly stated in these Conditions.

Indemnity

You agree to indemnify us and our suppliers from any claims, actions or demands (including any legal fees incurred in connection therewith) resulting from your use of our Website or any breach by you of these Conditions or the use by any third party accessing our Website using your personal information.

Your Conduct

You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.

You agree that you, and not PoGo Limited or pogopack.co.uk, are responsible for all electronic communications and content sent from your computer to us and you must use our Website for lawful purposes only.

You must not use our Website:

1. for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
2. to send, use or re-use any material that –
   

   (a) is illegal, offensive, abusive, indecent, defamatory, obscene, objectionable or menacing;

   (b) is in breach of copyright, trademark, confidence, privacy or any other right;

   (c) consists of or contains software viruses, commercial solicitation, chain letters, mass mailings or any "spam"; and/or

3. to cause annoyance, inconvenience or needless anxiety to any person.

Questionnaires and Submitted Content

We may from time to time invite users of this website to participate in any Questionnaires or surveys or similar methods that invite users’ participation.
Users of this Website may post their answers, views, opinions, ideas (“Submitted Content”) via our Online Questionnaires, surveys or questionnaires. In completing such Questionnaires you agree not to mislead as to the origin of any content.

If you complete any of our Questionnaires, and unless we indicate otherwise, you grant PoGo Limited a non-exclusive, royalty-free and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submitted Content in any format or medium now known or hereafter developed, throughout the world in perpetuity.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material.
You warrant that all personal information you provide to us is accurate and current and you agree not to use a false email address, impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

You represent and warrant that you own or otherwise control all of the rights to your Submitted Content and that at the time you provide such Submitted Content it:

1. is owned by you or you have the right to submit it
2. is legal, decent, truthful and honest
3. does not infringe the copyright, trade mark, privacy or any other rights of any third party
4. is not obscene, abusive, threatening, libellous or defamatory of any person
5. does not advertise or otherwise solicit for funds or is a solicitation for goods or services, and
6. is otherwise lawful.

We reserve the right to monitor Submitted Content and may edit, reject or remove all or any part of it if we believe it does not comply with the above.

Copyright

All content included on our Website, including text, graphics, logos, button icons, wallpaper and other images is the property of PoGo Limited. The compilation of all content on this Website is the exclusive property of PoGo Limited and is protected by United Kingdom copyright laws.

You may not systematically extract and/or re-utilise parts of the contents of the Website without PoGo Limited's express written consent.

Trademarks

PoGo
PoGo Purse
PoGoPurse
PoGo purse
PoGopurse
PoGo Pack
pogopack
PoGo pack
pogopack
For Girls On The Go!
for girls on the go!

and other marks indicated on our Website are trademarks or registered trademarks of PoGo Limited in the United Kingdom.

The trademarks belonging to PoGo Limited may not be used in connection with any product or service that is not owned or provided by PoGo Limited, or in any manner that is likely to cause confusion or disparages or discredits PoGo Limited.

All other trademarks not owned by PoGo Limited that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PoGo Limited.

Our Contract

When you place an order to purchase a product from pogopack.co.uk our third party electronic payments facilitator will send you an e-mail confirming receipt of your payment and containing the details of your order including delivery address.
Orders will not be accepted and products will not be dispatched until payment has cleared. We will send to you an email confirmation that we have dispatched that product to you (the "Dispatch Confirmation E-mail").

Your order represents an offer to us to purchase a product and such offer is accepted by us when we send the Dispatch Confirmation Email.

Returns

Please review our Returns Policy on our FAQ page which applies to products purchased directly from us.

Pricing and Availability

The price for your products will be that stated on the Website at the time the order is placed. The price will include VAT. Postage and packing will be charged separately at the rate indicated on our Website or on the website of our payments facilitator. The amount of postage payable is dependent upon the delivery destination.

Availability of products is not guaranteed; their availability will be dependent upon the level of demand pertaining from time to time. Delivery times are therefore our best estimates only and should not be relied upon.

If the product you ordered is unavailable within 28 days, we will notify you by telephone and/or written communication to agree how best to resolve the matter.

Risk in the goods passes on collection or on delivery of the Products to the address stated in your order.

Customs

When ordering goods from pogopack.co.uk for delivery outside of the United Kingdom you may be subject to import duties and taxes, which are levied once the package reaches the destination of the country specified in your order.

Any additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from pogopack.co.uk you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.

Health & Safety

By purchasing our PoGo Pack, you acknowledge that you have read and understood the information set out in the PoGo Information Leaflet.

Electronic Communications

When you visit pogopack.co.uk or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Third Party Links

To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and are not responsible or liable, directly or indirectly, for:

1. the privacy practices of such websites;
2. the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources;
3. the use to which others make of these websites or resources;
4. any damage, loss or offence caused or alleged to be caused by, or in connection with the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

Phishing

Phishing is the practice of fraudently deceiving someone into providing confidential information. This may include falsely claiming to be a legitimate company when sending an e-mail to a user, in an attempt to persuade the user to provide private information that will be used subsequently for identity theft and fraud.

We will never ask you to send any personal details via email. If we require such details, for security reasons we will ask you to contact us by phone. If at any time you receive an email claiming to be from PoGo Limited or pogopack.co.uk requesting this kind of information, please do not respond but let us know.

Losses

We accept no responsibility for any losses you may suffer as a result of us breaching these conditions if the losses were reasonably foreseeable by both you and us when you commenced using the Website, or a contract for the sale of goods by us to you was formed.

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or waste of any sort) or any other indirect or consequential loss that is not reasonably foreseeable by both you and us when you commenced using the Website or when a contract for the sale of goods by us to you was formed.

You agree that in no event will our liability arising out of or in respect of these Conditions exceed the value of the price you paid for the product or products supplied by us to you, including VAT and postage.

We will not be liable to you or any third party as a result of our withdrawing any Product from this Website whether or not that Product has been sold, or by removing or editing any materials, information or content on our Website, or by refusing to process a transaction or suspending any transaction after processing has begun.

PoGo Limited does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.

Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our Website, policies, and these Conditions of Use and Sale at any time. You are subject to the policies and conditions of the Conditions of Use and Sale in force at the time that you use or access our Website or at the time you order goods from us, unless any change to those policies or these Conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void or, for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Events Beyond Our Reasonable Control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control. This condition does not affect your statutory rights.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing Law and Jurisdiction

The terms of this contract shall be governed solely by English law, and the Courts of England and Wales shall have exclusive jurisdiction in respect of any dispute arising out of it or in connection with it except for any enforcement of any judgement or Order of the Courts of England and Wales.

We make no representations and give no warranties, express or implied, that making the Products available outside of English jurisdiction is permitted under any applicable laws or regulations. Accordingly, if supplying Products to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside of English jurisdiction, you must satisfy yourself that you are lawfully permitted to purchase our Products. We accept no liability, to the extent permitted by applicable law, for any costs, losses, expenses claims or damages resulting from or related to the purchase or attempted purchase of the Products by persons outside England jurisdiction.

About us

pogopack.co.uk is the trading Website for PoGo Limited. PoGo Limited is a Private Limited Company, Registered in England and Wales No. 5935271. This Website is owned and operated by PoGo Limited. For queries regarding the pogopack.co.uk Website, please contact us.

PoGo Limited
2nd Floor
Fenwick House
27 Kimberley Road
St Albans
Hertfordshire
United Kingdom
AL3 5PX

PoGo Limited is registered for UK VAT Reg. No. 895325586

5 September 2009