Terms of service

OVERVIEW

Welcome to Pocket Pumps. These Terms of Service (the “Terms”) govern your use of the Pocket Pumps website and your purchase of products from us. In these Terms, “Pocket Pumps”, “we”, “us” and “our” refer to the trader operating the Pocket Pumps online store.

Our online store is hosted by Shopify, which provides the ecommerce platform that enables us to offer and sell our products. Any contract for the purchase of Pocket Pumps products is between you and Pocket Pumps, not Shopify.

Please read these Terms carefully before using our website or placing an order. These Terms should be read together with our Privacy Policy, Refund Policy and Shipping Policy. Nothing in these Terms excludes, restricts or affects any rights or remedies that you have under applicable consumer law, including the Consumer Rights Act 2022.

SECTION 1 - ACCESS TO AND USE OF THE WEBSITE

You may use this website only for lawful purposes. If you create or use an account, you are responsible for keeping your account credentials secure and for information supplied through your account.

When placing an order, you must provide information that is accurate, current and complete, including your email address and the billing, payment and delivery information reasonably required to process your order.

If you are under 18, you should use the website and make purchases only with the involvement and permission of a parent or guardian where required by law.

SECTION 2 - PRODUCTS

We take reasonable care to describe and display our products accurately. Product photographs and colours may appear differently depending on the device, display settings and lighting used to view them.

Product descriptions, sizing information and other product information are provided to help you make an informed purchase. Where sizing is described as approximate, that qualification forms part of the relevant product information.

We may update product descriptions, availability and ranges, and may discontinue products. Any change will not affect a contract already concluded with you unless you expressly agree to the change or the change is permitted by law.

Nothing in this section limits our obligation to supply goods that conform to the sales contract or your statutory remedies if goods are faulty, not as described or otherwise do not conform to the contract.

SECTION 3 - ORDERS AND CONTRACT FORMATION

By submitting an order, you offer to purchase the products in your order at the price and on the terms shown at checkout. Receipt of an order acknowledgement does not necessarily mean that we have accepted your order.

A contract is formed when we accept your order, normally by sending an order confirmation or otherwise confirming that the order has been accepted. Payment must be authorised or received before we dispatch an order.

We may refuse or cancel an order before acceptance where reasonably necessary, including because a product is unavailable, payment cannot be authorised, information supplied is materially incomplete or inaccurate, or we reasonably suspect fraud or unlawful activity. If we cancel an order after taking payment, we will refund the amount due.

Please review your order carefully before submitting it. Requests to amend or cancel an order before dispatch will be considered where practicable. This does not affect any statutory right to cancel a distance contract or any other statutory consumer right.

Purchases are subject to our Refund Policy in addition to, and not in substitution for, your statutory rights.

SECTION 4 - PRICES, PAYMENT AND CHARGES

Prices are displayed in the currency shown on the website. The total price payable, including applicable taxes and any delivery or other charges payable to us, will be shown before you place your order.

We may change prices, discounts and promotions at any time, but changes will not affect an order that we have already accepted.

You must use a payment method that you are authorised to use. Payment is processed through the payment methods made available at checkout.

For deliveries outside the European Union, local import VAT, customs duties, handling fees or other charges may be imposed by the destination country. Where such charges are not collected by us at checkout, they may be payable by the recipient. Any applicable information about such charges will be provided as required by law before you are bound by the contract.

SECTION 5 - SHIPPING, DELIVERY AND RISK

Available delivery destinations, delivery charges and estimated delivery times are set out in our Shipping Policy and/or at checkout. Delivery estimates are not guarantees, but we will comply with our legal obligations concerning delivery.

We are not responsible for a delay caused solely by circumstances outside our reasonable control, but this does not limit any right or remedy you have under applicable law where goods are not delivered within the agreed or legally required period.

Where we arrange delivery, risk of loss of or damage to the goods passes to you when you, or a third party nominated by you other than the carrier, acquires physical possession of the goods, except where applicable law provides otherwise.

You are responsible for providing a complete and accurate delivery address. If an order cannot be delivered because the address supplied is materially incorrect or incomplete, we may contact you to arrange

redelivery and may charge any reasonable additional delivery cost where permitted by law and disclosed to you.

SECTION 6 - CANCELLATION, RETURNS AND STATUTORY RIGHTS

Consumers purchasing online may have a statutory right to cancel a distance contract without giving a reason. For goods, the standard cancellation period is 14 days beginning in accordance with applicable law, subject to statutory exceptions.

Our Refund Policy explains how to exercise any applicable cancellation right, how to return goods, who bears return costs where permitted by law, and how refunds are processed. We will also make the legally required model cancellation form available where a cancellation right exists.

Your statutory rights in relation to faulty or non-conforming goods are separate from the 14-day cancellation right. Nothing in our Refund Policy or these Terms restricts those statutory rights.

Where a consumer validly exercises a statutory cancellation right, refunds will be made within the period and by the method required by applicable law, subject to any lawful deductions or permitted withholding pending return of the goods.

SECTION 7 - INTELLECTUAL PROPERTY

The website and its original content, branding, text, graphics, photographs, designs, logos and other materials are owned by or licensed to Pocket Pumps or the relevant rights holder and are protected by applicable intellectual property laws.

You may access and use the website for personal, non-commercial purposes. You must not reproduce, distribute, modify, republish, exploit or commercially use protected material from the website without the prior permission of the relevant rights holder, except where permitted by law.

The Shopify name and associated marks belong to Shopify or its licensors. Other third-party names and marks belong to their respective owners.

SECTION 8 - THIRD-PARTY SERVICES AND LINKS

Our website may use or provide access to third-party services, payment providers, applications or websites. Those third parties may have their own terms and privacy practices.

We are not responsible for the content or independent acts of third-party websites or services that are outside our control. Nothing in this section excludes any responsibility that the law places on Pocket Pumps in connection with your purchase from us.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Shopify provides the ecommerce platform used to operate our online store. Products purchased through the Pocket Pumps store are sold by Pocket Pumps. Shopify is not the seller of Pocket Pumps products and is not a party to the sales contract between you and Pocket Pumps.

SECTION 10 - PRIVACY

We process personal data in accordance with our Privacy Policy and applicable data protection law. Because our store is hosted on Shopify, Shopify and other service providers may process personal data as described in our Privacy Policy and their applicable privacy information.

Please review our Privacy Policy before providing personal information through the website.

SECTION 11 - REVIEWS, FEEDBACK AND USER CONTENT

If you voluntarily submit a review, photograph, suggestion or other content to us, you confirm that you have the right to submit it and that it does not infringe the rights of another person or contain unlawful, misleading, defamatory, abusive or malicious material.

Where you submit content for publication or promotional use, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that content for the purpose for which it was submitted and for reasonable promotion of Pocket Pumps, subject to applicable law and our Privacy Policy.

We may moderate or remove user content where we reasonably consider it unlawful, misleading, inappropriate, infringing or contrary to these Terms. We will not manipulate consumer reviews in a manner prohibited by law.

SECTION 12 - ERRORS AND AVAILABILITY

We may correct genuine typographical errors, inaccuracies or omissions on the website. If an error materially affects an order you have already placed, we will contact you where required and will not use this clause to deprive you of rights arising from an accepted contract or applicable consumer law.

Product availability may change. If we cannot fulfil an accepted order, we will notify you and provide any refund or other remedy required by law.

SECTION 13 - PROHIBITED USES

You must not use the website to break the law, infringe intellectual property or privacy rights, transmit malicious code, interfere with the security or operation of the website, obtain unauthorised access, impersonate another person, submit fraudulent information, scrape or exploit the website in a manner prohibited by law, or harass or harm another person.

We may restrict or terminate access to the website where reasonably necessary to protect the website, Pocket Pumps, customers or third parties, or where these Terms or applicable law have been materially breached.

SECTION 14 - SUSPENSION OR TERMINATION OF WEBSITE ACCESS

We may suspend, restrict or discontinue all or part of the website for maintenance, security, legal or operational reasons. Where reasonably practicable, we will seek to minimise disruption.

Termination or suspension of website access does not affect rights and obligations arising from a sales contract already concluded, including payment, delivery, cancellation, refund and statutory consumer rights.

SECTION 15 - WARRANTIES AND CONSUMER GUARANTEES

Nothing in these Terms excludes or restricts any warranty, guarantee, condition, right or remedy that cannot lawfully be excluded or restricted.

Where you are a consumer, goods supplied by us must conform to the sales contract and you are entitled to the remedies provided by applicable consumer law where they do not. Any commercial description, statement or policy offered by us is in addition to your statutory rights unless the law provides otherwise.

We do not warrant that the website itself will always be uninterrupted or error-free, but this does not affect our obligations concerning products purchased from us.

SECTION 16 - LIABILITY

Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability that cannot be excluded or restricted under the Consumer Rights Act 2022 or other applicable law.

Nothing in these Terms excludes or limits liability for death or personal injury caused by our act or omission where such exclusion or limitation is prohibited by law, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

To the extent permitted by law, we are not liable for losses that were not reasonably foreseeable when the contract was made or for losses arising from your use of products contrary to clear instructions or for a purpose for which they were not supplied. If you are a consumer, we do not exclude liability for losses that are a foreseeable result of our breach of contract or failure to use reasonable care and skill.

If you use products for commercial, business or resale purposes, different legal considerations may apply. Nothing in this paragraph alters rights that cannot lawfully be excluded.

SECTION 17 - INDEMNITY FOR UNLAWFUL WEBSITE USE

To the extent permitted by law, you are responsible for loss or damage reasonably arising from your unlawful misuse of the website or your infringement of another person’s rights. This section does not impose liability on a consumer beyond what is permitted by applicable law and does not restrict any statutory consumer right.

SECTION 18 - SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as severed or limited to the minimum extent necessary, and the remaining provisions will continue in effect where they are capable of doing so.

SECTION 19 - NO WAIVER

If we do not immediately exercise a right or remedy, that does not mean that we waive it. A waiver on one occasion does not constitute a waiver on another occasion.

SECTION 20 - ENTIRE AGREEMENT

These Terms, together with the policies and information expressly incorporated into the sales contract, set out the terms governing your use of the website and purchases from us. Nothing in this section excludes representations or information that form part of the contract by operation of law or excludes liability for fraud or fraudulent misrepresentation.

SECTION 21 - ASSIGNMENT

You may not transfer your rights or obligations under a contract with us without our consent, except where applicable law permits you to do so.

We may transfer our rights or obligations only where this does not reduce your contractual or statutory rights. We will provide notice where required by law.

SECTION 22 - GOVERNING LAW AND JURISDICTION

These Terms and contracts for purchases from Pocket Pumps are governed by the laws of Ireland.

If you are a consumer resident in another country, this choice of Irish law does not deprive you of any mandatory consumer protection afforded to you by the law that would apply in your country of habitual residence in the absence of this choice.

The courts of Ireland may hear disputes arising from these Terms or a purchase from Pocket Pumps, subject always to any mandatory right a consumer has to bring or defend proceedings in another competent court under applicable law.

SECTION 23 - HEADINGS AND INTERPRETATION

Headings are for convenience only and do not affect interpretation. References to legislation include amendments, replacements and subordinate legislation in force from time to time where appropriate.

If any wording in these Terms is ambiguous in a consumer contract, it will be interpreted in accordance with applicable consumer law.

SECTION 24 - CHANGES TO THESE TERMS

We may update these Terms from time to time for legal, regulatory, security, operational or business reasons. The version applying to an order is the version made available to you when the relevant contract is concluded, unless a later change is expressly agreed or is otherwise permitted by law.

Material changes affecting ongoing use of the website will be communicated where required by law.

SECTION 25 - CONTACT INFORMATION

Questions, complaints, cancellation notices and other correspondence relating to Pocket Pumps or these Terms may be sent by email to racedayrunway@outlook.com.