Allgemeine Geschäftsbedingungen

Terms and Conditions

Terms and ConditionsUpdated: January 27th, 2017.

We operate the website www.rubycup.com We are RUBY LIFE LIMITED a company registered in England and Wales under company number 09123562.

This page tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our Site) to you.

Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Site.  Please note that before placing an order you will be asked to agree to these Terms.  If you refuse to accept these Terms, you will not be able to order any Products from our Site.

 

Accessing our Site

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice.  We will not be liable if for any reason our Site is unavailable at any time or for any period and we reserve the right to restrict access to some parts of our Site, or our entire Site at any time.

 

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

 

Reliance on Information Posted

Please make yourself familiar with the Product information on our Site. The FAQ section can be particularly helpful however individual circumstances do vary and if in any doubt you should consult your doctor or other professional medical adviser. Commentary and other materials posted on our Site are not intended to amount to medical advice on which reliance should be placed and to the extent permitted by law we disclaim all liability and responsibility arising from any reliance placed on the content and information displayed to any visitor to our Site, or by anyone who may be informed of any of its contents.

We may amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. 

 

  1. Contacting us if you are a consumer
    1. To cancel an order you just need to let us know within 24 hours of placing your order that you have decided to cancel.  The easiest way to do this is by e-mail at order@rubycup.com.
    2. If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at contact@rubycup.com.
    3. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

 

  1. Our products 

2.1. The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colours of the Products.  Your Products may vary slightly from those images.

2.2. The packaging of the Products may vary from that shown on images on our Site.

 

  1. Privacy policy 

Data collected

We may collect the following Data, which includes personal Data, from you.

This Data is collected from information that you provide by filling in forms on our Site. This includes information provided at the time of registering to use our Site and placing an order for Products.  We may also ask you for information when you enter any competition or promotion, and when you report a problem with our Site.  Such information may include, but not be limited to:

  • Name;
  • Date of Birth;
  • Contact information such as email addresses, postal addresses and telephone numbers;
  • Financial information such as credit / debit card numbers;

In addition:

Information collected automatically during visits to our Site including, but not limited to:

  • Date and time of visit;
  • IP address;
  • Device type;
  • Web browser type and version;
  • Operating system;
  • A list of URLs starting with a referring Site, your activity on this Site and the Site you exit to;
  • Other resources that you access;

Additional details of orders you place on our Site including, but not limited to:

  • Payment method and status;
  • Delivery method;
  • Discount and promotion codes;

Details of personal communication with you including but not limited to:

  • Emails;
  • Responses to surveys that we have asked you to complete for research purposes, although you do not have to respond to them;

in each case, in accordance with this privacy policy.

Our use of data

Ruby Life Limited is the “data controller”.

Unless we are obliged or permitted by law to do so, and subject to any third part disclosures specifically set out in this policy, your data will not be disclosed to third parties.  This does not include our affiliates and / or other companies within our group.

All personal data is stored securely.  For more details on security see the clause below (Security).

Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Site.  Specifically, Data may be used by us for the following reasons:

  • Internal record keeping;
  • Improvement of our products/ services;
  • Transmission by email of promotional materials that may be of interest to you;
  • Contact for market research purposes which may be done using email, telephone, fax or mail.  Such information may be used to customise or update the Site.

We may, from time to time, employ the services of other parties for dealing with certain processes necessary for the operation of the Site. The providers of such services may have access to certain personal Data provided by you.

 

  1. Cookies

When you use our Site we use what are called “cookies”. Cookies are small text files that are deposited in the buffer memory of your browsers. By using our Site you consent to cookies being used. It is possible to turn off your cookies through your website browser settings however this will affect the functionality and experience of our Site.

We use two main types of cookies – first party and third-party. First-party cookies are cookies that we use and third-party cookies are those that have been placed by our business partners, including social media sites and search engines.

To find out more about cookies, what they are used for and how you can choose to administer them, visit www.allaboutcookies.org.

 

  1. Security

Data security is of great importance to us and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected via this Site.

We endeavour to do our best to protect your personal data.  However, transmission or information over the internet is not entirely secure and is done at your own risk.  We cannot ensure the security of your data transmitted to this Site.

 

  1. How the contract is formed between you and us

6.1. Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us.  Please take the time to read and check your order at each stage of the order process.

6.2. After you place an order, if you have supplied us with a valid email address when you have entered your order details you will receive an e-mail from us acknowledging that we have received your order.

6.3. We will confirm our acceptance to you by sending an e-mail. The Contract between us will only be formed when we send you the confirmation e-mail.

6.4. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our Site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

 

  1. Our right to vary these terms

7.1. We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.

7.2. Every time you order Products from us, the Terms in force at the time your order is accepted will apply to the Contract between you and us.

 

  1. Delivery and inspection

8.1. We will confirm your order by email and when your order payment has been processed, your order will usually be sent out within the following 2 working days. We cannot guarantee delivery dates as this will depend on the delivery address given to us but suggest you allow 5-14 days for delivery with certain international destinations taking longer.

8.2. Delivery of an order shall be complete when we deliver the Products to the address supplied to us. The Products will then become your responsibility.

8.3. You are responsible for the correct delivery address being given with your order and any delivery failure or loss as a result of an incorrect address will be at your risk.

8.4. You own the Products once we have received payment in full, including all applicable delivery charges.

8.5. We accept no liability for any delay or failure to deliver Products if the delay or failure is wholly or partly caused by circumstances beyond our control.

 

  1. International delivery

9.1. We deliver worldwide.

If you order Products from our Site for delivery to certain international destinations your order may be subject to import duties and taxes which are applied when the delivery reaches that destination.  Please note that we have no control over these charges and that you will be responsible for payment of any such import duties and taxes.  Please contact your local customs office for further information before placing your order.

9.2. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

 

  1. Price of products and delivery charges

10.1. Prices for our Products may change from time to time, but changes will not affect any order you have already placed. Please check our Site for updates on any price changes.

10.2. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

10.3. The price of a Product does not include delivery charges. Our delivery charges together with VAT are as advised to you during the check-out process, before you confirm your order.

 

  1. How to pay

11.1. Your payments are handled through (1) Paypal that adhere to the global Payment Card Industry (PCI) Data Security Standard (DSS) developed by the international card networks Visa and Mastercard; (2) Stripe that is certified to PCI Service Provider Level 1 for debit or credit card payments: we accept the following cards Visa, Mastercard and American Express including certain gift and prepaid cards; and (3) Sofort GmbH for online banking payments. Sofort GmbH has the TUV seal “approved Payment System” awarded by TUV Saarland.

11.2. Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.

 

  1. Our warranty for the products

12.1. We provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 12.2.

12.2. The warranty in clause 12.1 does not apply to any defect in the Products arising from:

  1. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; or
  2. if you fail to use the Products in accordance with the user instructions.

12.3. If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.

 

  1. Cancellation and return policy

13.1. Our cancellation policy for UK and EU consumers is in accordance with the Consumer Protection (Distance Selling) Regulations 2000 (Regulations) as amended from time to time and any refunds for orders cancelled will be processed in accordance with your legal rights.

13.2. If you wish to cancel your order under the Regulations you must notify us by email within 14 days of delivery and quote your name, order number and description of the Product.

13.3. You must take care of the Products you wish to cancel and not use them. Products must be returned in their original condition and packaging within 14 days of cancelling your order and at your cost. Please retain proof of posting for your records as this may be required for confirmation. You are responsible for the returned Products until they reach us.

13.4. Legal rights of cancellation under the Regulations available to UK and EU consumers do not apply to goods which have been opened or for reasons of hygiene and you should refer to the Regulations for further details.

13.5. If the Product you receive has been damaged or incorrectly supplied then you must notify us as soon as possible and within 14 days by email giving your name, order number together with a description of the Product and details of the damage or the error made in the supply. You must then return the Product to us as soon as possible and no later than 14 days from our being notified. In the case of damaged or incorrectly supplied Products we may offer you a replacement Product and not a refund.

13.6. Any refunds given by us will usually be paid in the manner in which we have received payment. If you have used Paypal we will credit your Paypal account or payment will be made to the debit/credit card account provided when you placed your order. Alternatively, if you paid by Sofort and we have your bank account and payment details we may refund by way of a bank transfer, provided any bank transfer fees or charges can be deducted from the refund paid. Any refund will be subject to our right to withhold amounts for Products which are damaged on return.

 

  1. Our liability

14.1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

14.2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

14.3. We do not in any way exclude or limit our liability for:

  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation;
  3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
  4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
  5. defective products under the Consumer Protection Act 1987.

 

  1. Events outside our control

15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control as defined below in clause 15.2.

15.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

 

  1. Other important terms

16.1. We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms.

16.2. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third parties) Act 1999 or otherwise.

16.3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.4. These Terms are governed by English law. This means a Contract for the purchase of Products through our Site and any dispute or claim arising out of or in connection with it will be governed by English law.  You and we both agree that the courts of England and Wales will have exclusive jurisdiction.