This agreement applies as between you, the User of this Website and Curious Egg Trading Limited, the owner of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 5 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur up on your first use of the Website. Clauses 3, 4, and 12 – 14 apply only to the sale of Goods. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website at this point. No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending an order confirmation email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
means any third party responsible for transporting purchased Goods from our Premises to customers;
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
means any products that Curious Egg advertises and / or makes available for sale through this Website;
means collectively any online facilities, tools, services or information that Curious Egg makes available through the Website either now or in the future;
means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
means Our place(s) of business located at 3 Glebe Terrace, Perth, UK, PH2 7AG;
means any online communications infrastructure that Curious Egg makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”
means any third party that accesses the Website and is not employed by Curious Egg and acting in the course of their employment;
means the website that you are currently using (curiousegg.com) and any sub-domains of this site (e.g. subdomain.curiousegg.com) unless expressly excluded by their own terms and conditions;
means Curious Egg Trading Limited, a company registered in Scotland under 479510 of 3 Glebe Terrace, Perth, UK, PH2 7AG.
2. Age Restrictions
2.1 Persons under the age of 16 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
2.2 Our website sells products including alcohol which can only be purchased by people over the age of 18. By using our website you agree that you are over the legal age to purchase age restricted products in your region.
3. Business Customers
These Terms and Conditions also apply to customers buying Goods in the course of business.
4. International Customers
If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for these charges and We undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and that We cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.
5. Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users,including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Curious Egg, Our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
6. Third Party Intellectual Property
7. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
8. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Curious Egg or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
9. Use of Communications Facilities
9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the English language(s) as We may be unable to respond to enquiries submitted in any other languages;
9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
9.1.6 You must not impersonate other people, particularly employees and representatives of Curious Egg or Our affiliates; and
9.1.7 You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.
9.2 You acknowledge that Curious Egg reserves the right to monitor any and all communications made to Us or using Our System.
9.3 You acknowledge that Curious Egg may retain copies of any and all communications made to Us or using Our System.
9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
10.1 In order to purchase Goods on this Website and to use certain other parts of the System, you may be required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require Payment Information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
10.1.1 all information you submit is accurate and truthful;
10.1.2 you have permission to submit Payment Information where permission may be required; and
10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should Contact Us immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying Us of the unauthorised nature of the purchase, please refer to our returns process below.
10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11. Termination and Cancellation of Accounts
11.1 Either Curious Egg or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
11.2 If We terminate your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
11.3 We reserve the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
11.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any sums paid in relation to those purchases within 14 calendar days.
11.5 If you terminate your Account, any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases within 14 calendar days.
12. Goods, Pricing and Availability
correspond to the actual Goods, We are not responsible for variations from such descriptions. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not different Goods altogether. Please refer to Clause 14.1 for incorrect Goods.
12.2 Where appropriate, you may be required to select the required size, model or colour of the Goods that you are purchasing.
12.3 We neither represent nor warrant that Goods will be available. Any stock indications provided on the Website may not take into account sales that have taken place during your visit to the Website.
12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or rem
ove any special offers from time to time and as necessary.
12.5 In the event that prices are changed during the period between an order being placed for Goods and Us processing that order and taking payment, we will honour the original advertised price.
13. Orders and Delivery
13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Curious Egg and you.
13.2 Order confirmations under sub-Clause 13.1 shall contain the following information:
13.2.1 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
13.2.2 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
13.2.3 Estimated delivery date(s) and time(s);
13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
13.4 All Goods purchased by you will be delivered within 30 calendar days of Our order confirmation unless otherwise agreed.
13.5 The risk in the Goods shall remain with Us until they come into your physical possession.
14. Returns Policy
Curious Egg aims to always provide high quality Goods that are fault free and undamaged. On occasion however, Goods may need to be returned. Returns are governed by these Terms and Conditions.
14.1 Curious Egg offers a 30 day returns policy. You can decide to return your goods to us for any reason within 30 days of delivery except where a product has been made to order (also see 14.6) and/or where it states on the website that a product is non returnable. If you wish to return an item, please contact Us within the 30 calendar day period to arrange a return and obtain a Return Material Authorisation (RMA) number. Goods must be returned to Us within 14 calendar days of the day on which you inform Us that you wish to return the Goods. Goods must be returned in their original condition with all packaging and documentation. The packaging does not need to be unopened. We cannot accept returned goods that are not accompanied by a valid RMA number. You are responsible for paying return shipment costs if Goods are returned for any reason other than those outlined in 14.2-14.5. Refunds will be issued within 14 calendar days after our receipt of the returned goods and will include standard delivery charges where applicable (see below). We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.
14.2 If you receive Goods which do not match those that you ordered, you should contact Us within 7 calendar days to arrange a return and obtain a Return Material Authorisation (RMA) number. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Replacements will be issued upon Our receipt of the returned Goods. Goods must be returned in their original condition with all packaging and documentation. The packaging does not need to be unopened. Refunds will be issued within 14 calendar days and in any event no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.
14.3 If Goods are damaged in transit and the damage is apparent on delivery, you should sign any applicable delivery note to the effect that the Goods have been damaged and refuse the package. Please take a photo of the damage and Contact Us immediately and/or within 3 calendar days. You will be given the option to have the Goods replaced or to be refunded through the payment method used by you when purchasing the Goods. Replacements will be issued upon Our receipt of the returned Goods. Refunds will be issued no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.
14.4 If any Goods you have purchased have faults when they are delivered to you, you should contact Us within 7 calendar days to arrange a return and obtain a Return Material Authorisation (RMA) number. You will be given the option to have the Goods replaced or to be refunded through the payment method used by you when purchasing the Goods. Replacements will be issued upon Our receipt of the returned Goods. Refunds will be issued within 14 calendar days and in any event no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.
14.5 If any Goods you have purchased develop faults within 30 calendar days of delivery, you should contact Us within the 30 calendar day period to arrange a return and obtain a Return Material Authorisation (RMA) number. We will assess the Goods and alleged faults upon receipt and if We conclude (at Our sole discretion, acting reasonably and in good faith) that the fault is not a result of mistreatment by you (deliberate, negligent or otherwise), We will issue replacement Goods or a Refund. Replacements will be issued upon Our receipt of the returned Goods. Refunds will be issued within 14 calendar days and in any event no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.
14.6 Curious Egg may not be able to accept returns of the following types of Goods and/or taking into account the following circumstances:
14.6.1 Goods made to your specifications, goods that are specially made to order that state they are non refundable or that have been personalised;
14.6.2 Goods which are liable to deteriorate or expire rapidly;
14.6.3 Goods which are sealed for health or hygiene reasons that have been unsealed after delivery;
14.6.4 Goods which are, after delivery, according to their nature, inseparably mixed with other items;
14.6.5 Any use or enjoyment that you may have already had out of the Goods beyond handling them to the extent necessary to establish the nature, characteristics and functioning of them (such as you would, for example, handle a display item in a shop). Please note that opening packaging does not prevent you from returning Goods unless the Goods fall under sub-Clauses 14.6.3 and in any event does not include the opening of delivery packaging, only the packaging of the product itself.
Cookies are small text files that are placed on your computer or mobile phone when you browse websites.
Our cookies help us to:
- Make our website work as you’d expect
- Remember your settings during and between visits
- Improve the speed/security of the site
- Allow you to share pages with social networks like Facebook
- Continuously improve our website for you
- Make our marketing more efficient (ultimately helping us to offer the service we do at the price we do)
- Collect any personally identifiable information (without your express permission)
- Collect any sensitive information (without your express permission)
- Pass data to advertising networks
- Pass personally identifiable data to third parties
- Pay sales commissions
15.4 If you wish to opt-out of Our placing cookies onto your computer or device, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
16.How We Use Your Personal Information (Data Protection)
16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
16.2 We do not store credit card details nor do we share customer details with any 3rd parties.
16.3 We may use your personal information to:
16.3.1 Provide Our Goods and services to you;
16.3.2 Process your payment for the Goods; and
16.3.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
16.4 In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
16.5 We will not pass on your personal information to any other third parties.
17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of Our services.
17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
17.4 Whilst We use all reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
18. Changes to the Service and these Terms and Conditions
19. Availability of the Website
19.1 The Website and any Service provided therein is provided “as is” and on an “as available” basis. We give no warranty that the Website or any Service will be free of defects and / or faults. To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
20.2 Nothing in these Terms and Conditions excludes or restricts Curious Egg’s liability for death or personal injury resulting from any negligence or fraud on the part of Curious Egg.
20.3 Nothing in these Terms and Conditions excludes or restricts Curious Egg’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within
Previous Terms and Conditions
Third Party Rights
notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.
25. Law and Jurisdiction