This website www.holpura.com (Website), is owned and operated by Holpura, a company operating in England and Wales. Unless we say otherwise, we use the terms “we”, “us” or “our” on this Website to refer to Holpura throughout the Terms and Conditions (Terms) which also includes our Privacy Policy (collectively “Holpura Policies”).
This Website is provided for your information and entertainment, and we hope you enjoy using it. Have fun browsing the Website and making use of its various features, but please be aware that your use of the Website is subject to the following Terms. To the extent of any conflict between the Terms and any other Holpura Policies, the Terms shall prevail.
If you do not agree to these Terms, please do not use this Website.
Use of the Website
You may not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute in any way the web pages or materials on the Website or the computer codes or elements comprising the Website other than solely for your own personal use. You may not use the content of the Website for any commercial purposes whatsoever.
You agree that we may change or revise these Terms from time to time by updating this posting, and that such changes or revision will take effect immediately upon our posting, please visit this area each time you visit the Website to keep up to date with the current Terms. Your use of the Website reaffirms your continuing agreement to the Terms.
You may not use the Website and may not accept the Terms if (a) you are under 18 years of age, or (b) you are barred or otherwise legally prohibited from using or accessing the Website under the laws of the country in which you are resident.
Accessing the Website from outside the UK
Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of promoting Holpura’s products and services available in the UK. However Holpura may accept orders for delivery to locations outside of the UK subject to customs, legal, regulatory and certain practical restrictions. Those who choose to access this Website from locations outside the UK or place orders for delivery to locations outside the UK are responsible for compliance with local laws if and to the extent local laws are applicable.
Holpura reserves the right in its sole discretion to modify or discontinue the Website or specific portions of it without notice to you. We will not be liable if for any reason our site is unavailable at any time or for any period.
Subject to applicable law, we reserve the right to suspend or terminate access to the Website and/or the services without notice for failure to comply with the Terms or the Holpura Policies, for infringing copyright or any other intellectual property right, or for any other reason. The decision to terminate an individual’s access to the Website or the services shall be final and binding.
We also grant you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of this Website for personal, non-commercial use only. A website that links to our website may link to, but not replicate, our content; may not imply that we are endorsing such website or its services or products; may not misrepresent its relationship with us; may contain only content that is lawful and appropriate for all ages; may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; may not use any of our trade marks without express written permission; may not link to any page of the Website other than the home page.
We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Website terminates the limited license without prejudice to any other remedy provided by applicable law.
General Terms of Sale
To be eligible to purchase products on this Website and to lawfully enter into and form contracts on this Website under English law you must:
- be aged 18 or older;
- register on this Website;
- be the holder of a valid debit/credit card.
The prices indicated for products available via this Website are all inclusive of VAT (where applicable) at the current rates and are exclusive of delivery charges.
We will do our best to ensure that all information, descriptions, photographs and prices of products appearing on this Website are correct at the time when the relevant information was entered onto the system. Though we aim to keep this Website as up to date as possible, the information including product descriptions appearing on this Website may not always reflect the product exactly at the moment you place an order.
Reselling of Products
The products and services available on this Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms.
When you have placed your order, we will send you an email acknowledgement providing you with the details and value of your order, which has been debited to your credit/debit card. This is not an order acceptance from Holpura.
Unless we have notified you that we do not accept your order or you have cancelled your order, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the products ordered by you. To cancel your order after it has been dispatched to you, you will need to follow the Returns Policy & Procedure.
Acceptance of Your Order
We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment, or if we identify a product or pricing error. If for some reason we are unable to fulfil your order, we will contact you by email.
Only one offer or discount code can be used per item, order and customer.
Payment
You may pay using credit/debit card or ApplePay. You confirm that the credit or debit card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
We will retain the legal ownership of the products until they have been delivered to you. Legal ownership will immediately revert to us if we refund any payment for the products to you.
Delivery
We will deliver the products following the delivery options available during the order process. Any delivery timescales quoted to you are indicative only. We do not accept any liability for delayed delivery caused by any third party.
Upon receipt, you must inspect the products. You will be deemed to have accepted the products unless you notify us that you have cancelled the order and/or you return the products in accordance with the Returns Policy & Procedure. If no such action is taken, we shall not be obliged to accept any rejection of the products at a later date. Your statutory rights are not affected.
If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact Customer Care at [email protected].
Cancellations
You may cancel your order at any stage before the products are dispatched to you, and up to 30 days after receipt. You should return the products to us unopened and unused and in the same condition in which you received them together with the original product packaging, in accordance with our Returns Policy & Procedure.
Exceptions
Unless such products were damaged or faulty when delivered to you or have been incorrectly delivered, you may not cancel your order if (a) the products are unsealed and not suitable for return due to health or hygiene reasons; or (b) in the case where sealed products are unsealed after delivery due to hygiene reasons
Where you decide to cancel an order after the products have been dispatched, you will be under a duty to return them to us at your own risk. We will not be responsible for any loss or damage to the products in transit. All such Products should be returned within the time period specified in the Returns Policy & Procedure.
Complaints
If you have any complaints or wish to discuss any matter in respect of the products please contact Customer Care at [email protected].
You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. See our Privacy Policy regarding the treatment of your personal information.
You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes then please notify us immediately by contacting Customer Care at [email protected]. Alternatively, you can update your details through the “My Account” page.
You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password we will reset it upon your request and send it to the email address which you specified when you registered.
Your account can be cancelled at any time by contacting Customer Care at [email protected].
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms or if we decide, in our sole discretion, that it would be in Holpura’s best interests to do so.
Holpura takes your privacy very seriously and will use and protect any personal information you provide on this Website in accordance with our Privacy Policy.
We have taken great measures to ensure that your visit to Holpura’s Website is an excellent one and that your privacy is constantly respected. If you have any questions, comments, or concerns about our privacy practices, please contact us by email at [email protected].
User Added Content
Certain portions of the Website may invite or enable you to post, upload, embed, display or otherwise communicate materials or content owned or created by you (collectively, “User Added Content”).
Holpura will consider User Added Content as non-confidential and non-proprietary and shall be under no obligation to maintain the confidentiality of any information contained in your User Added Content.
You warrant and represent that you have (and will continue to have during your use of the Website) all necessary rights, licenses, consents and permissions which are required to enable Holpura, Holpura’s affiliates and/or content providers to use your User Added Content for the purposes envisaged by the Website and these Terms.
In connection with User Added Content, you agree and warrant that:
You will not submit any User Added Content that is subject to any right of a third party including, without limitation:
- copyright, patent, trade mark, trade secret, or other proprietary or contractual right;
- right of privacy or publicity; or
- confidential information
Unless you are the owner of such rights or have permission from the rightful owner(s) to submit the User Added Content and to grant the rights herein;
- Holpura has no obligation to use your User Added Content in any way and Holpura shall not be obliged to give reasons for rejecting your User Added Content or to identify Holpura activities that relate to your User Added Content in any way;
- Holpura has no obligation to compensate you for any use of your User Added Content as envisaged by the Website and these Terms;
- Holpura may use your name to attribute your User Added Content to you (although we shall not be obliged to do so).
You understand and agree that you are solely responsible for your own User Added Content and the consequences of your posting or publishing them.
Holpura is not in any manner responsible for User Added Content, and Holpura does not guarantee the accuracy, integrity, quality or intellectual property rights of, or relating to, such User Added Content. In addition, Holpura cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Added Content will not appear on the Website.
Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Added Content are not necessarily those of Holpura or its affiliated or related entities or content providers and Holpura expressly disclaims any and all liability in connection with any User Added Content. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Holpura with respect to any User Added Content.
By uploading User Added Content you understand that they may be available to the public and you agree not to assert in any part of the world any claim for invasion of privacy, breach of your rights under any applicable data protection legislation or appropriation of your right of publicity arising from or out of Holpura’s use of your User Added Content in accordance with these Terms.
Without prejudice to our other rights under these Terms or at law, Holpura reserves the right in its absolute discretion and without prior notice to refuse to post, exclude or remove any User Added Content from the Website that violates the Terms and/or the Holpura Policies.
Holpura reserves the right at all times to alter, edit, refuse to post or remove any User Added Content from the Website, in whole or in part, for any reason or for no reason and without prior notice. You agree that Holpura does not have any obligation to use or respond to any User Added Content.
Intellectual Property Rights
With the exception of User Added Content, Holpura owns the intellectual property rights for all of the materials on the Website or has a valid right from a third party to use materials on the Website. Holpura also owns or has a valid right to use all trade marks, service marks, graphics and logos used on this website. Unless expressly stated, no part of the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright, trade mark and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of Holpura’s intellectual property rights and proprietary rights. The use of any such material(s) on any other Website or computer network without Holpura’s prior written consent is strictly prohibited. Your use of the trade marks, service marks, graphics and logos on this Website in any manner other than as authorised in these Terms, or as authorised in writing by Holpura, is strictly prohibited.
You shall retain all of your ownership rights in your User Added Content, but you are required to grant limited rights to Holpura and other users of the Website.
In return for using the Website and the Services, you grant Holpura a non-exclusive, irrevocable, worldwide, transferable licence (with full right to sub-licence) to use your User Added Content for any purpose whatsoever (to the extent permitted by law) in perpetuity and free of charge. The licence shall include, without limitation, the right to reproduce, copy, edit, adapt, make derivative works, combine with other works, make available, synchronise, display, publicly perform, transmit, broadcast, publish, distribute, sub-license and delete your User Added Content. Without prejudice to the foregoing, if you hold a patent in your User Added Content, Holpura acknowledges that these Terms shall not grant Holpura any licence under any such patent.
You acknowledge and agree that if Holpura edits, modifies or makes a derivative work from your User Added Content, or combines your User Added Content with other works, any rights in such modifications or derivative works shall be owned exclusively by Holpura.
If your User Added Content includes an idea or suggestion, you acknowledge that Holpura, a Holpura affiliate or a third party acting on its/their behalf may have previously worked on or may be working on the same or a similar idea. By submitting your idea, you agree that we may continue to develop the idea (or a similar idea) independently of, and without acknowledging, your idea.
You hereby irrevocably and unconditionally release and forever discharge Holpura and Holpura’s affiliates from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent, and of any nature whatsoever, which you may have or may in the future have against Holpura and/or any Holpura affiliate with respect to your User Added Content, including how Holpura and/or Holpura’s affiliates use your User Added Content.
You grant Holpura all consents required pursuant to the Copyright, Designs and Patents Act 1988 (and all other laws now or in future in force in any part of the world) which may be required for the use by Holpura, Holpura’s affiliates and/or content providers of your User Added Content in accordance with these Terms.
You waive all moral rights to which you may be entitled under any legislation now existing or in future enacted in any part of the world relating to your User Added Content.
Holpura controls and operates this Website from the United Kingdom. All visitors to this Website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Website. You agree not to link to this Website from a website not operated by Holpura, unless you have obtained Holpura’s prior written consent.
For your convenience and enjoyment, this Website may provide links to other websites on the world wide web that are not operated by Holpura. Holpura has no control over these websites and is not responsible for their availability. Holpura does not endorse, approve or sponsor, nor is Holpura responsible or liable for, any information or content available at the linked sites or any products, or other materials on or available from such sites. Holpura is not responsible for webcasting or any other form of transmission received from any linked site. In addition, Holpura is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, products or services available on or through any such linked websites.
Website Disclaimer
The material on this Website (including any graphics, software, digital content, recommendations or other materials) and any material made available through the Website is provided “as is” and without conditions or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Holpura disclaims all conditions and warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Holpura does not warrant or make any representations regarding the use or the results of the use of the material on the Website in terms of its correctness, accuracy, reliability, or otherwise. The material on this Website could include technical inaccuracies or typographical errors and could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. Holpura undertakes no obligation to verify or maintain the currency of such information.
Holpura endeavours to maintain this Website and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the Website or its operation. As to the operation of the Website, Holpura expressly disclaims all conditions and warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. Holpura makes no warranty that (a) the operation of the Website will meet the user’s requirements; (b) access to the Website will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (c) the results that may be obtained from the use of the Website will be accurate or reliable; or (iv) defects will be corrected. You (and not Holpura) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, harmful components, errors or any other problems whatsoever you may have as a result of visiting this Website.
Limitation of Liability
To the extent required by applicable law, we do not limit in any way our liability for death or for personal injury caused by our negligence or for fraudulent misrepresentation or concealment or for any other liability which cannot be excluded or limited by applicable law.
Subject to applicable law, under no circumstances shall Holpura, Holpura’s affiliates, our licensors or licensees, be liable to you or any other person or entity for any direct, indirect, special, incidental, consequential, punitive or other damages, including lost profits, personal injury (including death) and property damage, that may result from (a) the use of, or the inability to use, the Website or any material on the Website, (b) the conduct of any user of the Website, whether in contract, tort (including negligence) or otherwise. Holpura shall not be liable even if Holpura or an authorised representative of Holpura has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.
Holpura assumes no responsibility or liability arising from the content of any User Added Content or for any libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality, infringement of intellectual property rights, error or inaccuracy contained in any User Added Content.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Holpura’s total liability to you for damages, losses, and causes of action whether in contract, tort (including, negligence) or otherwise exceed the amount paid by you, if any, for accessing the Website.
Indemnification
You hereby agree to defend, indemnify and hold Holpura, Holpura’s affiliates and each of their respective agents, licensees, successors and assigns, harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including reasonable legal fees, relating to or arising out of your use of the Website, any use of your User Added Content as permitted in these Terms, and/or any breach or alleged breach of any of your warranties, representations or agreements hereunder.
Termination
The Terms and the Holpura Policies are and shall remain effective until terminated. You may terminate these Terms by ceasing to use the Website and destroying any and all material obtained by you from the Website. We may immediately terminate the Terms and the Holpura Policies, including your access to the Website, if you breach or fail to comply with any material term or provision of the Terms. Upon termination, you must discontinue use of the Website and destroy any and all material obtained by you from the Website.
Applicable Law and Jurisdiction
These Terms and any disputes arising under or related to these Terms (whether in contract, tort (including negligence), statute or otherwise) will be governed by the laws of England and Wales, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms (whether in contract, tort (including negligence), statute or otherwise) will be brought exclusively in the English courts, and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these Terms.
Severability
If any provision of these Terms shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
No Waiver
No failure on the part of Holpura to enforce any part of these Terms shall constitute a waiver of any of Holpura’s rights under these Terms whether for past or future actions on the part of any person. Neither the receipt of any funds by Holpura nor the reliance of any person on Holpura’s actions shall be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorised representative of Holpura shall have any legal effect whatsoever.