Terms & Conditions

Terms & Conditions:

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1. Use of the website and account requirements

This website is operated by Cactus Health Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Cactus Health Ltd. We offer this website, including all information and products from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

In order to use our website and/or buy our product, you must possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or buy our product if doing so is prohibited in your country or under any law or regulation applicable to you.

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2. Key commercial Terms offered to customers

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for buying our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and any taxes is available on the payments page.

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3. Return and refund policy

We want you to be happy with your purchase; if for any reason you are not, please contact us directly by email at info@prckdrink.com.

For any undamaged or unopened product, simply return it with its original packaging along with the original receipt (or gift receipt) within 14 days of the date you received the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note that products can be returned only in the country in which they were originally purchased.

We are not able to collect unwanted products but will redeliver and replace in full any order that has arrived incomplete or is not as is described.

Under Consumer Contracts Regulations 2013, if you buy online or by phone, your consumer rights entitle you to a full refund if you request one in writing within 14 working days of receipt. This includes any delivery charge.

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4. Retention of right to change offering

Prices for our products are subject to change without notice. We reserve the right at any time and without prior notice to change the products. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a product.

We may, without prior notice, change the products; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

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5. Products

Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear and we cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.

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6. Ownership of intellectual property, copyrights and logos

The products and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of, or licensed to (with the appropriate rights), Cactus Health Ltd for use.

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7. Right to suspend or cancel member account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

 

8. Indemnification

You agree to indemnify and hold Cactus Health Ltd not accountable from any demands, loss, liability, claims or expenses (including legal fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the products offered on the website.

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9. Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Cactus Health Ltd be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the website or obtain the product.

To the maximum extent permitted by applicable law, Cactus Health Ltd assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our product; and (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein.

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10. Right to change and modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. Your continued use of the website or our products after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

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11. Promotional emails and content

You agree to receive from time-to-time promotional messages and materials from us, by email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.

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12. Preference of law and dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United Kingdom, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in the United Kingdom. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

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13. Contact info

Questions about the Terms of Service should be sent to us at info@prckdrink.com

Our postal contact information is:

Cactus Health Ltd

PO Box 18811, Birmingham

B16 6YG, United Kingdom