Terms and Conditions

 

Welcome to Alooda.com

The following terms and conditions apply to the use of the Alooda.com website. By placing an order with Alooda, you are agreeing to accept and be legally bound by these terms and conditions and those contained on the ‘Shipping’ section of this website (The Conditions). Privacy is important and Alooda recognises the importance of its customers' privacy in its information gathering and distribution practices.

Please note, these Conditions can potentially change at any time, and it is up to you to check these Conditions regularly before ordering products in case there are any changes. If you do not agree with the terms and conditions set out below, you should not use or access this Alooda.com website.

If you have any queries relating to our Conditions, please Contact Us before placing an order.

General Information

The following Conditions will apply between you and Alooda Ltd, when you buy an item from Alooda. 

Your contract for purchases made through Alooda.com is with Alooda Ltd and you undertake that all goods ordered by you are for your own private and domestic use only and are not for resale.

  •  You warrant that all details you provide to Alooda for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered. 
  • You agree that e-mail can be used as a long-distance means of communication.
  • It is a crime to use a false name or a known invalid credit card to order. Anyone caught deliberately entering an incorrect or fictitious order will be prosecuted to the fullest extent of the law. Alooda tracks the electronic 'fingerprints' of every order placed on Alooda.com to enable us, and all legitimate crime prevention and prosecution authorities, to trace individual users engaging in criminal activities on or using our website. 
  • Alooda reserves the right to end our agreement with you and to suspend or terminate your access to the site immediately and without notice to you if:- 
    •  you fail to make payment to us when due
    •  you breach any of our terms and conditions
    •  when requested by us to do so, you fail to provide within a reasonable time frame, enough information to let us to check the accuracy and validity of any information supplied by you, or your identity or we suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on Alooda.com.

Your responsibilities if you break these Conditions

You agree that if you break these Conditions, or any liabilities are incurred arising out of your use of this website, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your personal information unless you can prove that such use was fraudulent.

By using the Alooda.com website, you agree not to violate or attempt to violate the security of this website, including, without limitation, actions such as:

  • Accessing data not intended for you or logging into a server or account that you are not authorised to access;
  • Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
  • Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Alooda website;
  • Sending unsolicited email, including promotions and/or advertising of products or services, andForging any TCP/IP packet header or any part of the header information in any email or posting.

You agree to defend, indemnify, and hold harmless Alooda and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable legal fees and other legal expenses, and judgments of any kind of nature, incurred by Alooda arising out of or relating to your use of the Alooda Website, your violation of this Agreement, or your violation of any rights of another.

Use of your Personal Information

Alooda may collect your personally identifiable information, such as your name, shipping address, email address, phone number, billing address and credit card number, in the course of processing your order, or when we otherwise communicate with you. 

When you provide Alooda with personal information through this website, that information may be sent electronically to servers outside the country where you originally entered the information. By providing personal information to us, you consent to have this information be used, stored, and processed outside the country where you entered that information. Please be assured that whenever Alooda handles personal information, regardless of where this occurs, Alooda will use and protect that personal information in accordance with these Conditions.

Information that you give us may be combined with other personally identifiable information (such as order history and demographic information) from third-party sources to make our marketing efforts more efficient. Examples of other information we receive from third-party sources include updated delivery and address information, which we use to correct our records and deliver your next purchase or catalogue more easily.

Disclosures of Your Information and Privacy

We do not disclose your personal information to other companies, persons or agencies, except for the purposes described below:

Service Providers: We employ other companies and individuals to perform certain services and functions on our behalf. Examples include operating and maintaining our Site, taking orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analysing data, providing marketing consultation and assistance, distributing customer surveys, processing credit card payments, and providing customer service. These companies have access to personal information needed to perform their services or functions, but do not use it for other purposes.

For Your Protection and Ours: We may release personally identifiable information when we believe it is appropriate to comply with applicable law regulation, legal process, or governmental request; enforce or apply our Terms and Conditions and other agreements; or protect the rights, property, or safety of Alooda, our customers, our employees or others.

Business Transfers: As we continue to develop our business, we might sell or buy subsidiaries or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Conditions (unless, of course, the customer consents otherwise). Also, in the unlikely event that Alooda or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.

Sharing: We would like to use your information (including your email address) to let you know about the launch of new products, send catalogues, about special sales, of promotional offers from our partners, of environmental issues we think are important, and of potential employment opportunities with Alooda that you may find of interest, and of other events taking place.  We never share financial details.  You may opt-out of receiving these mailings (see "How to remove your name from our mailing, sharing or email list" below). 

We will never ask for personal details via email. If you receive an unsolicited email asking you for your Alooda customer details, please Contact Us immediately.

Ordering

  • Alooda only sells products to adults, ages 18 years and older, who can purchase them with a credit/debit card.  Alooda reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Alooda believes that user conduct violates applicable law or is harmful to the interests of Alooda or its affiliates.
  • Unless otherwise stated, all prices on Alooda.com are in British Pounds Sterling.
  • When placing an order, you agree that any and all information given is accurate and complete.
  • All orders are subject to acceptance and product availability.
  • Availability information for products is listed on each individual product description. If Alooda does not have enough stock to deliver the goods you have ordered, we will not charge your credit or debit card until the items are back in stock and ready to be dispatched.
  • All prices listed on Alooda.com are correct at the time of entering the information, however, we reserve the right to change prices of any product at any time. All prices include sales tax.
  • We will send an email when we receive your order to confirm your details.  You must check all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect.
  • No contract for the sale of any product will exist between you and Alooda until we accept your order by dispatching the product to you.
  • If your order has not been accepted, you will receive an email from us telling you the reasons why.
  • Discount vouchers, codes and offers cannot be used on sale products.

Delivery

  • The delivery period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order. If you are ordering more than one item, your goods may be sent to you in instalments if certain items are out of stock.
  • If your delivery address is outside of the UK, you may have to pay import duties and taxes, which are levied once a shipment reaches your country. You must meet any additional charges for customs clearance. Please note, customs policies vary widely from country to country. We recommend you contact your local customs office for further information.
  • Please note international shipments may be subject to cross-border inspections by customs authorities.
  • All products purchased from the Alooda website are transported and delivered to you by an independent carrier not affiliated with, or controlled by Alooda. Title to products purchased on the Alooda website, as well as the risk of loss for such products, passes to you when Alooda delivers these items to the carrier.

Payment

  • Alooda accepts most major credit/debit cards
  • All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. 

Cancelling an Order/Exchange/Returns Procedure

  • If you haven’t submitted an order, you may clear the items in your shopping basket at any time by clicking the ‘Remove’ button next to the product you do not wish to purchase in your shopping basket.
  • You may return most items sold by Alooda within 14 days from the date of dispatch for a full refund. For more information, please refer to our Shipping Information
  • If you have placed an order but then wish to change or cancel it, please contact us as soon as you can, as orders move rapidly through to our warehouse. We will try our best to make any changes but we cannot guarantee that we will be able to do so as the order may already have been processed. In such cases, you may have to wait until you receive the order and then follow the normal Returns procedures.
  • Once we've heard from you that you wish to cancel an order, any sum debited to us from your credit or debit card will be re-credited to that credit or debit account within 30 days of your order, provided the goods you return are in the same condition that they were when delivered to you. You will be liable to any charges incurred when returning the goods to Alooda, unless the return is as a result of an error on our side.
  • If you are in the European Union and you cancel your order within seven days after the day you get your goods, and you cancel the whole order, we will refund the standard postage and packing costs you paid as part of that order (if any), in accordance with the Distance Selling Regulations. If you paid for premium or express delivery, we will only refund the cost of standard delivery. You will have to pay the costs of sending the order back to us. We will not refund any postage and packing charges if you cancel after the seven days allowed under the Distance Selling Regulations or if you only cancel part of your order.
  • Please also note the terms included in the ‘Liability’ clause below which refer to pricing and/or defective goods.
  • Alooda will be happy to exchange for the same item most products that are damaged, faulty or incorrectly shipped through any circumstance that is in our error within 14 days from the date of despatch. For more information, please refer to our Shipping and Returns information.

How to Contact Us, Remove or Correct your name from our mailing, sharing or email list

For contacting us or changing and modifying information previously provided. For removing your information from our database, or to not receive future communications or our service, or to not share your name and address with other companies.

You may send an email to: info@alooda.com

Third Party and Co-Branded Websites

Alooda.com may contain hyperlinks (“links”) to websites operated by persons or entities other than Alooda (“Third Party websites”) or to co-branded webSites operated by a third party, including affiliates (“Co-Branded websites”). We provide such links for your reference and convenience only. A link from Alooda to a third-party website does not imply or mean that we endorse the content on that third-party or co-branded website or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Web Sites to which you might link from the Alooda Website. ALOODA IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

If any part of Alooda.com links you to other Third Party websites or Co-Branded websites, those websites do not operate under these Conditions. We recommend that you examine the terms and conditions posted on those other websites to understand their procedures for collecting, using, and disclosing personal information.

We cannot be held responsible for material displayed on third party websites or any other written material. The only prices that apply for Alooda products are those stated on the Alooda material. We cannot vouch for the reliability of prices stated on shopping directories or through any other third party.

License and Website Access

Alooda grants you a limited license to access and make personal use of the Alooda.com website and not to download (other than page caching) or modify it, or any portion of them, except with express written consent of Alooda. This license does not include any resale or commercial use of Alooda.com or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Alooda.com or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

Neither Alooda.com nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Alooda. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Alooda and our affiliates without express written consent. You may not use meta tags or any other hidden text using Alooda’s name or trademarks without the express written consent of Alooda. Any unauthorised use terminates the permission or license granted by Alooda.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to any page of Alooda so long as the link does not portray Alooda or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Alooda logo or other proprietary graphic or trademark as part of the link without express written permission.

We may discontinue the Alooda.com website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Alooda Website at any time for any reason, without notice. 

Liability

  • Errors and Omissions We do not accept liability (except as set out below) for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.
  • Incorrect Prices If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on Alooda.com is incorrect for any reason, we will email you to inform you that we have not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the subject product. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order. Should you choose to re-order at the correct price, a separate transaction will be posted to your credit card.
  • Damaged or defective goods In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 10 working days of delivery of the goods plus return the goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.
  • The products sold on Alooda.com are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Alooda website or for any products or services purchased from Alooda.
  • Fraud We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.
  • Force Majeure We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
  • We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
    • Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
    • Any loss of goodwill or reputation; or
    • Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
    • Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Warranty

  • Descriptions and colours We have taken every measure to provide accurate product images for each product for sale on the Alooda.com site. We do not warrant that product descriptions or other content of Alooda.com are accurate, complete, reliable, current or error free. Further, due to a number of different factors such as Internet browsers, monitor colour contrasts etc, we cannot be held responsible or liable for any differences in colour between the image and the actual product.
  • The Alooda.com website Alooda.com website is provided on an ‘as is’ basis.  We make no warranty that the Alooda.com website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
  • Disclaimer To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
  • International Law Certain countries or jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you and you may have additional rights.

Trademarks

All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Alooda or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Alooda or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Alooda Website confers on you any license or right under any patent or trademark of Alooda or any third party.

Copyright

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Alooda.com website, and the selection, coordination, and arrangement of such content, are owned by Alooda or its third-party licensors to the full extent provided under the Copyright, Designs and Patents Act 1988 and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Alooda Electronic Platforms for any purposes. Nothing stated or implied on the Alooda Website confers on you any license or right under any copyright of Alooda or any third party.

The Alooda.com website and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Alooda Website, or use the contents of the Alooda Website in litigation, or for any commercial or promotional purposes, without the express written consent of Alooda or its lawful successors and assigns. For usage permission, Contact Us.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.  The invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Entire agreement

These Conditions govern our relationship with you.  You confirm that, in agreeing to accept the Conditions, you have not relied on any representation except where that representation has been made a term of these Conditions and you agree that you shall have no remedy in respect of any other representation. Your statutory rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Alooda as a result of this Agreement or your use of the Alooda.com website.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the United Kingdom.

Any dispute relating in any way to your visit to Alooda.com or to products you purchase through Alooda shall be submitted to confidential arbitration in United Kingdom, except that, to the extent you have in any manner violated or threatened to violate Alooda’s intellectual property rights, Alooda may seek injunctive or other appropriate relief in the relevant country and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules of the then prevailing Arbitration Act at the date of filing of the demand for arbitration. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

All rights not expressly granted herein are hereby reserved.

Effective Date: 1 June 2017

The Alooda.com website is owned and hosted by Alooda Ltd (referred jointly as ‘Alooda’).