Terms and conditions of use of this website

1. By using this website https://cultivergoods.co.uk you agree to be bound by these terms & conditions. If you do not agree with them, you are not authorised to use our website. This website is owned by and operated by or on behalf of Cultiver Goods UK Ltd (“CULTIVER UK”), which is a company registered in England and Wales with company number 13446745. CULTIVER UK is a wholly-owned subsidiary of Cultiver Goods Pty Ltd, (“CULTIVER GOODS”, or “CULTIVER PARENT”, and together with CULTIVER UK, and other subsidiaries of CULTIVER GOODS, the “CULTIVER GROUP”, or “CULTIVER”. “We”, “our” or “us”refers to CULTIVER UK. 
   
   
2. If you have any questions in relation to this website, these terms and conditions, or about the products you have purchased from us, please contact us at info@cultiver.com. You can also contact us at the address given below, though response times will be much slower than email. 
   
   Cultiver Goods UK Ltd
   18 Soho Square,
   London,
   W1D 3QL
   
   Company Registration Number 13446745
   VAT Registration Number 405 347 221
   
   The address of our parent company in Australia is:
   Cultiver Goods Pty Ltd
   643 Military Rd,
   Mosman
   NSW 2088
   Australia
   
   
3. This website and its contents are subject to copyright which is owned by CULTIVER or licensed to CULTIVER by third parties. CULTIVER does not grant you any intellectual property rights in this website, its applications, interface or contents. CULTIVER is a Trademark licensed to the CULTIVER GROUP. You must not use any trademark displayed on this website.
   
   
4. This website may contain links to external Internet websites. CULTIVER does not sponsor, guarantee or approve of any material or representations in those websites. Nor do we warrant that material on linked sites is free of any computer virus, defects or infringements.
   
   
5. Links to this site are permitted, provided the full html page is loaded. Links to individual graphics or to areas that are considered "security areas" that bypass any security protection or password protection that CULTIVER establishes are expressly prohibited. If you wish to use a graphic to link to this site please contact us at info@cultiver.com.
   
   
6. You must not attempt to change, reproduce, add to, remove, hack or interfere with this website or its material.
   
   
7. We cannot guarantee any file, data or program available for download from this website (or any linked website) is free of viruses and you assume the risk of any damage to your computer as a result of using this website. This website may be inaccessible from time to time due to events outside of CULTIVER’S control or maintenance requirements.
   
   
8. You may post reviews and make comments on the content on our website. The content however must not be illegal, obscene, threatening, defamatory, infringing of intellectual property rights, invasive of privacy, or otherwise objectionable to third parties and is not permitted to consist of or contain software viruses, commercial solicitation, mass mailings, or any form of "spam." CULTIVER reserves the right to remove such content at any time, and without notice to you.
   
   
9. If you post content, and unless we indicate otherwise, you grant CULTIVER a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such content on its website and on any other marketing material CULTIVER may create.
   
   
10. You agree to indemnify and hold CULTIVER and its subsidiaries, affiliates, directors, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the website, your connection to the website, your violation of our terms and conditions, your violation of any rights of another, or the use by any other person accessing the website using your shopping account and / or your personal information.
    
    
11. The CULTIVER website uses cookies, tracking pixels and related technologies. Cookies are small data files that are served by our platform and stored on your device. Our site uses cookies dropped by us or third parties for a variety of purposes including to operate and personalize the website. Also, cookies may also be used to track how you use the site to target ads to you on other websites. Refer to our Privacy Policy for more information.

Online Shopping terms and conditions 

The following terms and conditions apply to all orders of goods from CULTIVER UK.

1. Your information. You must ensure that all information provided by you in relation to your order is accurate, complete and up to date. You will notify us immediately of any changes to your personal information by updating these details in your online account. 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. CULTIVER UK will communicate with you about your order and the purchased product using email and by phone. You must provide a valid email address to CULTIVER UK for this purpose. 
   
   
2. Orders. 
   
1. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
2. Your order becomes effective by pressing the Pay Now button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the website.
3. We may send you an order acknowledgement email as soon as you place your order, and you will receive an order confirmation email detailing the goods you have ordered. These emails do not constitute acceptance of your order.
4. We will send you a despatch confirmation email when your product is shipped from our warehouse.
5. Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the goods ordered unless we have notified you that we do not accept your order, or you have canceled it in accordance with these terms and conditions
6. Your credit/debit card or other payment form will be charged when your order is placed.
7. Non-acceptance of your order may be a result of one of the following:
1. The goods you ordered being unavailable from stock;
2. Our inability to obtain authorisation for your payment;
3. The identification of a pricing or product description error;
4. not meeting the eligibility to order criteria set out in our terms; and conditions. 
8. We reserve the right to automatically cancel any orders that are flagged as fraudulent or potentially fraudulent in our system.
   
   
3. Risk in Goods. Risk in the goods passes to you on delivery to the address you provide. If our delivery service is unable to locate anyone at that address the goods may be left at that address, which shall constitute delivery.  We do not accept liability for any loss, theft or damage to the goods after that time. 
   
   
4. Returns. We want you to be delighted with your purchase, but if you are not, you can return any item within our returns period, provided the products are returned complete, in original condition, unused, unwashed, and unmarked.
   
   If you return any products in accordance with our returns policy, we will be happy to offer you an exchange or, if you wish, a refund provided that the products are returned complete, in original condition, unused, unwashed, and unmarked. Items can be returned outside this period if they are found to be faulty provided the damage has not been caused by failure to comply with our product care instructions. Return of an item is at your own cost unless the item is faulty. For further details please visit our Returns page. 
   
   
5. Consumer Contracts Regulation 2013. In addition to our returns policy described above, this legislation offers you the following cancellation rights when you buy online or by phone:
   
   
   • You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services.
   • Your right to return or cancel products does not apply to goods that are made to measure or are made to your specification, that have been clearly personalised, which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly, or products sealed for health protection, or hygiene purposes once you have unsealed them. This doesn't affect your statutory rights if goods are faulty or not as described.
   • If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.
   • To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
   • You can cancel by email info@cultiver.com or call +44 20 3103 9964 or write to: 
     
     CULTIVER
     18 Soho Square,
     London,
     W1D 3QL
     
     
   • If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation. You will have to bear the direct cost of returning the products to us. The return address is:
     
     CULTIVER Returns
     c/ Torque Logistics
     Challenge Way
     Off Cutler Heights Lane,
     Bradford BD4 8NW
   
   
   • If you are exercising your right to change your mind and cancel the contract, you will receive a full refund of the price you paid for the products and any applicable delivery charges to the credit or debit card, or other payment method you used to pay. We will process the refund without delay and, in any event, not later than (a) 14 days after the day we receive back from you any products supplied; or (b) if there were no products supplied, 14 days after the day on which we receive your cancellation notification. We may withhold the refund until we have received the products back, or you have supplied evidence of having returned the products to us (whichever is the earliest).
   • If you are exercising your right to change your mind:
   • We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. For example, while you may fit sheets and other bedding to your bed to confirm you are happy with the look, if you wash the products or sleep on the products, they are no longer saleable and we would therefore reduce your refund by the full price of the goods. 
   • If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us the appropriate amount.
   • The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within three to five days at one cost, but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
     
     
6. Disclaimer & limitations of liability. CULTIVER does not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its members, agents, directors or employees or for any fraudulent misrepresentation.
   
   To the fullest extent permitted by law and save as provided above, neither CULTIVER nor its subsidiaries, affiliates, directors, officers, agents, employees, partners and licensors shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of CULTIVER or any of its members, agents, directors, employees or otherwise) for any loss of goodwill or reputation, or any indirect special, consequential or economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings), or damage, costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you, or communications with you or any other interaction between you and the CULTIVER GROUP.

   The limitations of liability in these conditions shall apply equally for the benefit of CULTIVER UK and each member of  CULTIVER GROUP as if references to CULTIVER included references to each such company.
   
   While CULTIVER uses reasonable endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and CULTIVER will not be responsible for any errors or omissions or for the results arising from the use of such information. 
   
   While CULTIVER takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
   
   CULTIVER will not be responsible nor liable for your use of any other websites which you may access via links within this website. CULTIVER does not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with CULTIVER. The entire liability of CULTIVER under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.
   
   CULTIVER will not be liable to you or be deemed to be in breach of these Terms or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
   
   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. This does not affect your statutory rights as a consumer including those under the Consumer Contracts Regulation 2013 as described above.

7. Assignment & subcontracting. CULTIVER may assign or transfer any of its rights or subcontract any of its obligations under these Terms to any third party. You may not assign or transfer any of your rights or subcontract any of your obligations under these Terms except with the specific permission in writing of CULTIVER.
   
   
8. Third Party Rights. No person who is not a party to these Terms shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999 other than where rights or benefits are expressly conferred on members of the CULTIVER Group, or its directors, officers, employees, agents, partners, licensors and affiliates.  Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
   
   
9. Promotions. From time to time, we run promotions and offers on selected products or lines. We refer to these collectively as our "Promotional Offers". All qualifying Promotional Offers will be automatically applied to your order both online. All of our Promotional Offers are subject to the below terms and conditions
   
1. They are only valid on full-priced items and cannot be used on sale or promotional items that are already discounted unless otherwise stated;
2. They cannot be used in conjunction with any other offer; They are valid for a limited period of time as specified in the marketing communication on the website and cannot be used outside of that period;
3. If an item is returned which brings the amount spent below any qualifying level, the offer value may be deducted from any refund; and
4. All orders are subject to stock availability and we reserve the right to withdraw, amend or extend offers at any time, without prior notice.
   
   
10. Severance. If any part of the terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the terms and conditions and shall not affect the validity and enforceability of any of the remaining provisions of the terms and conditions.
    
    
11. Waiver. No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
    
    
12. Survival. Each provision of the terms and 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.
    
    
13. Entire Agreement. These terms and conditions govern our relationship with you. Any changes to these terms and conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what John Lewis and you are expected to do. You confirm that, in agreeing to accept the terms and conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these terms and conditions and you agree that you shall have no remedy in respect of any 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 terms and conditions.
    
    
14. Law. To the extent it is possible to exclude the application of other laws and regulations, these terms and conditions and your use of our website are governed by English law and you agree to submit to the non-exclusive jurisdiction of the English court. This does not affect your non-excludable statutory rights. This website and our terms and conditions have been designed for use within the United Kingdom and under UK law. Whilst we are happy to consider requests for products and enquiries from outside the United Kingdom, we give no warranty, express or implied, that the use of this website or the placing of any order through this website from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you.