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TERMS AND CONDITIONS

Welcome and thank you for visiting Queen of the Crop’s website (the “Site”). It is owned and operated by Queen of the Crop Limited. By accessing the Website, you are indicating your consent and agreement (i) that you have read and understood these Terms of Use, (ii) that you consent to be bound by the terms and conditions described herein and (iii) that you agree to waive any all claims arising out of your use of the Site or the information contained therein, including, but not limited to, all claims against Queen of the Crop Limited and its affiliates (including, but not limited to, CoppaFeel!, Queen of the Crop CRC, Nzinga Graham-Smith) and partly or wholly owned subsidiaries, as well as their respective officers, directors, employees, agents and representatives. The right to access and use the Site is personal to you and is not transferable to any other person or entity. This Site and the information available on the Site is for informational purposes only.

Changes to the Site

Queen of the Crop® reserves the right at any time to impose, change or modify any term or condition applicable to use or access of the Site, or any part thereof, or to impose new terms or conditions. Without limiting the generality of the foregoing, Queen of the Crop® reserves the right without prior notice to discontinue or change specifications on products and services offered on this Site without incurring any obligations.

You should consult the most recent version of these Terms of Use each time you use or access the Site. By using or accessing the Site, you agree in advance to be bound by all the changes.

Your Account

If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are accessing and using the Website on someone else’s behalf, you represent that you have the authority to bind that person as a principal to all the Terms and Conditions provided herein, and you agree to accept liability for harm caused by any wrongful use of the Website resulting from such access or use. We reserve the right to refuse service, terminate accounts, or remove or edit content, for any reason, in our sole discretion without prior notice.

Copyright Policy

The works of authorship contained in the Site, whether separate or compiled, including but not limited to text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, and other rights therein, are owned or licensed by Queen of the Crop®, its affiliates and/or its third-party information providers, and are protected by the United Kingdom and international intellectual property laws.

Trademarks

The Queen of the Crop® mark and the name, likeness, image and biographic and historical information relating to Queen of the Crop are the proprietary rights of Nzinga Graham-Smith and Queen of the Crop® or its affiliates, and all rights are reserved. All other trademarks and service marks and other rights appearing in this Site are the property of their respective owners, including, in some instances, Nzinga Graham-Smith or third parties.

Third Party Content and Websites

Data and other materials appearing on this Site that are provided by third parties are believed by Queen of the Crop® to be obtained from reliable sources, but Queen of the Crop® cannot guarantee and is not responsible for their accuracy, timeliness, completeness, or suitability for use. Queen of the Crop® is not responsible for, and does not prepare, edit, or endorse, the content, advertising, products, or other materials on or available from any website owned or operated by a third party that is linked to this Site via hyperlink. Neither Queen of the Crop® nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any third party content, nor its merchantability of fitness for any particular purpose. The fact that Queen of the Crop® has provided a link to a third party’s website does not constitute an implicit or explicit endorsement, authorisation, sponsorship, or affiliation by Queen of the Crop® with respect to such website, its owners, providers, or services. Although Queen of the Crop® takes all precautions to ensure links meet its standards when selected, Queen of the Crop® cannot guarantee that the websites have not subsequently changed, and that they continue to meet its standards. You will use any such third-party content at your own risk.

Timeliness of Content

All content on this Site is presented only as of the date published or indicated, and may be superseded by subsequent events or for other reasons.[N1]

Termination

TERMS AND CONDITIONS

The rights granted to you herein terminate immediately upon any violation by you of these Terms of Use. Queen of the Crop®, in its sole discretion, reserves the right to temporarily or permanently terminate your access to and use of this Site at any time and for any reason whatsoever, without notice or liability. Queen of the Crop® will not be liable to you or any third party for any termination of your access to or use of the Site.

User Code of Conduct

You agree to use the Site for lawful purposes only and not to post or transmit any material that violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable as determined by Queen of the Crop®, in its sole discretion, or conduct that constitutes a criminal offense, gives rise to civil liability or otherwise violates any law. Advertising or commercial solicitation may not be posted on or transmitted through the Site.

You are prohibited from copying, reproducing, displaying, performing, publishing, distributing, transmitting, renting, sublicensing, transferring , selling, altering, modifying, creating derivative works based on, or otherwise using any works of authorship on the Site without Queen of the Crop’s® prior written consent, except to the extent expressly permitted under the United Kingdom’s Copyright Act of 1988 as amended, and except for one temporary copy in a single computer’s memory and one unaltered permanent copy to be used by the viewer for personal and non-commercial use only, with a copy of this page with the Terms of Use attached. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Queen of the Crop® asks that parents supervise their children while online. No information should be posted by minor children without parental consent.

Liability and Indemnity

ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE ARE DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

NEITHER QUEEN OF THE CROP® NOR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR DAMAGES CAUSED BY THEFT, UNAUTHORISED ACCESS, SYSTEMS FAILURE, OR COMMUNICATIONS LINE FAILURE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, CAUSED BY THE USE OF OR INABILITY TO USE THE SITE, MATERIALS OR ANY PRODUCTS OR SERVICES PROVIDED HEREIN, OR ANY OTHER MATTER RELATING TO THIS SITE, EVEN IF QUEEN OF THE CROP® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF QUEEN OF THE CROP® AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS.

You agree to indemnify, defend, and hold harmless Queen of the Crop®, its subsidiaries and affiliates, and each of its and their officers, directors, employees, and agents, from and against all claims, demands, liabilities, damages, losses, or expenses, including lawyer’s/solicitor’s fees and costs, arising out of or related to your improper access to or use of the Site, or any violation by you of these Terms of Use.

Internet Email

We thank you for writing to queenofthecrop.co.uk. Please know that by sending your email attachment you are agreeing to the terms and conditions of our website. You also consent to have any comments, content or photographs sent to us through www.queenofthecrop.co.uk to be posted on www.queenofhecrop.co.uk.

E-mail messages may not be secure and may be intercepted by third parties. If you send us an e-mail containing confidential information about you, you agree that you do so at your own risk and to hold Queen of the Crop® harmless from any loss that you may suffer as a result.

Linking Conditions

You may not link to the Site unless you comply with these linking conditions (“Linking Conditions”). Queen of the Crop® grants you a limited, revocable, non-exclusive right to create a hyperlink to the Site (“Link”), provided you comply at all times with the following conditions:

• The Link must resolve to Queen of the Crop’s® portal page at www.queenofthecrop.co.uk, unaltered in any way;

• The text of the Link must read “queenofthecrop.co.uk,” or “www.queenofthecrop.co.uk.” You may not use any Queen of the Crop® logo or graphic, or any other Queen of the Crop® trademark, as part of the Link without Queen of the Crop’s® express written permission; and

• The Link and surrounding context on the linking site must not (i) falsely represent or misrepresent any relationship between the linking site and Queen of the Crop® or its affiliates or subsidiaries, including suggestions of affiliation, endorsement, or sponsorship (or create the false appearance that an entity other than Queen of the Crop® is associated with or sponsored by Queen of the Crop®), (ii) portray Queen of the Crop® or its affiliates or subsidiaries, or their products or services, in a false, misleading, derogatory, or otherwise offensive manner, or (iii) deliver content and materials in a framed environment or alter the layout, content, look, or feel of the Site.

The Linking Conditions do not allow one or more Links to any internal or subsidiary page of this Site that is located one or several levels down from the homepages (known as “deep links”). You may not maintain numerous or pervasive Links to the Site.

Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, QUEEN OF THE CROP® AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY, WITH RESPECT TO (I) THE SITE; (II) ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE; (III) USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES; AND (IV) THE RESULTS OF THE USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES.

FURTHER, QUEEN OF THE CROP® AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSOR’S, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH THIS SITE.

EXCEPT AS PROVIDED BY LAW, NEITHER QUEEN OF THE CROP® NOR ITS THIRD-PARTY INFORMATION PROVIDERS AND VENDORS HAS ANY RESPONSIBILITY TO MAINTAIN THE MATERIALS, PRODUCTS, OR SERVICES OFFERED ON THE SITE OR TO SUPPLY CORRECTIONS, UPDATES, OR RELEASES FOR THE SAME.

TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

This Site is not intended for any use which would be contrary to United Kingdom’s law or regulation. No portion of this Site is directed at you if Queen of the Crop® is prohibited by any law of any jurisdiction from making the information on this Site available to you.

Miscellaneous

These Terms of Use shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England. Any dispute arising from these terms shall be resolved exclusively in the courts of England. Queen of the Crop® makes no representation that materials, information or data in this Site are appropriate or available for use in other locations. If you access this Site from outside the United Kingdom, be advised it may contain references to products and services that are not available or are prohibited in your country.

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder will constitute a waiver of any preceding or subsequent breach or default.

Customs & Duty

Please note that all shipments outside the UK may be subject to import duties and taxes, which are levied once a shipment reaches your country.

As Queen of the Crop® have no control over these charges and cannot predict what they may be, additional charges for customs clearance must be borne by you.

VAT Exemption

Please note that VAT exemption ONLY applies to NON UK European Union customers with valid EU VAT registrations. Queen of the Crop Ltd reserves the right to charge VAT retrospectively on all orders from customers who may have chosen the incorrect customer group during registration.

Promotions and discounts Online Offers Terms and Conditions

From time to time Queen of the Crop® may issue promotional discounts.

Each discount or special offer will have its own specific terms, for example when it is valid from and until, and what discount or offer it provides you. However, general terms for the use of discounts or promotional offers are:

– They are not valid in conjunction with any other offer, discount, promotion or on sale items

– They cannot be used to purchase online gift vouchers

– They cannot be used in stores or boutiques where Queen of the Crop® products are sold

– They are only available for your sole use and will not be valid if passed on to third parties

– They are only valid on the Queen of the Crop® website.

– Discounts are not transferable and cannot be redeemed by Queen of the Crop® staff and family

– Queen of the Crop® reserve the right to withdraw or alter any promotion at any time at their discretion without prior notification.

For some promotional offers to claim your discount you should enter the code in the promotional box when you checkout at queenofthecrop.co.uk.

In the instance that you find a code is not working on the website don’t worry, please contact our Customer Services vip@queenofthecrop.co.uk as our friendly advisor’s will be able to help you.

Prize Draw / Competition Terms and Conditions

From time to time Queen of the Crop® run various prize draws and competitions and encourage you to take part as there are always fantastic prizes on offer.

Each prize draw or competition will have its own specific terms, for example when it starts and ends, and what you need to do to enter. However, general terms for entering prize draws and competitions include:

– There is no cash alternative to the prize.

– All winners will be chosen from at random from all the entries received.

– The judges’ decision is final and no correspondence will be entered into.

– The winners will be notified within 28 days of the draw or competition closing by email, phone, social media or post.

– Winners must respond to us within 7 days confirming acceptance of the prize. If no response is received within 7 days, we reserve the right to choose an alternative winner and contact them.

– Details of the prize winner will be available upon written request.

– The prize draw or competition is not open to anyone associated with Queen of the Crop®.

– Entrants must be at least 18 years of age and proof of age will be required before the prize is dispatched.

– No responsibility can be accepted for entries which are not properly received due to communications beyond our control.

– Offer terms & conditions: Free UK Standard Delivery valid on orders over £48.00; Enter the code at the checkout; excludes gift cards and VAT. Not valid in stores, boutiques or department stores where Queen of the Crop has concessions

– Promoter: Queen of the Crop®, The Big Peg, Shop 11, Warstone Lane, Birmingham B18 6N.

Card Payments

We accept Credit Cards, Visa, Visa Delta, Visa Electron, MasterCard, and Paypal.

If you have paid on your debit, credit or charge card you will only be charged once the goods have been dispatched to the delivery address. We will email you to confirm dispatch.

Please see www.paypal.com for information on PayPal payments.

The prices shown on our website include any VAT (or similar sales tax) at the prevailing rate for which we are responsible as the seller. The amount you pay will be the price indicated plus any delivery charges. The delivery charges will depend on the delivery option that you choose and will be shown during the checkout process.

Further Information For Overseas Customers

We charge you for your order in Pounds Sterling. The actual price charged to overseas customers will be subject to the exchange rate applied by the customer’s credit or debit card company. Please note that customers outside of the European Union will be liable for any import duty or other taxes, fees and charges that are applied by customs or other authorities in the country of receipt. If you are unsure about whether these duties, taxes and charges might apply to your order, you should contact your local tax or customs authorities.

Introducing a Friend

Successful and validated referrals of friends by you will entitle both you and your referred friend to a voucher to the value of £10 each. To receive a voucher for successful and validated referral, you should adhere to the following procedure.

For a referral to be successful and validated, your “friend” must not already be registered with us and will be required to order from Queen of the Crop, using the email address you supply. Click the link “Invite a Friend and share £20”. You will be invited to enter the email address(es) and name(s) of your friend(s) and then to click on the “Invite Your Friends” link. Queen of the Crop will send an initial email to your friend, inviting your friend to become a member of Queen of the Crop but will not send your friend any further emails without their consent. Please obtain your friend’s consent before sending us their details and note that if asked, we will tell your friend who introduced them. Subject to your friend’s successful registration (using the same email address you supplied), you and your friend will receive a credit to your account when your friend’s first order is shipped out for delivery.

Vouchers for introducing a friend will only be valid for eight (8) months from the date that the voucher is received.

We reserve the right not to issue credit vouchers where we have reasonable grounds to suspect that there is an abuse of the friend referral scheme. Any abuse of credit vouchers can be stopped by Queen of the Crop with immediate effect by cancelling all credit vouchers that a VIP member has received and cancel any outstanding orders. Queen of the Crop also reserves the right to refuse orders and to refuse to issue credit vouchers to VIP members who have, in the past, abused the scheme in some way.

Entire Agreement

These Conditions (as amended from time to time) contain the entire agreement between you and Queen of the Crop® relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral, between You and Queen of the Crop® in relation to such matters. You confirm that You have read these conditions and, You fully understand them and You also agree, together with our Privacy Policy, that these conditions are the only terms (together with Your network provider agreement) that rule Your relationship with Queen of the Crop®.

Events Outside Our Control

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. An Event Outside Our Control is defined below in this clause.

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 or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

If an Event Outside Our Control takes place that affects the performance of our obligations to you:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

If you have any questions regarding these Terms and Conditions, please contact us by email

Registered office: The Big Peg, Shop 11, Warstone Lane, Birmingham, United Kingdom B18 6NA Company registration 5746558 and VAT registration 216140059

Copyright © 2016 Queen of the Crop®. All rights reserved.


Copyright © 2017 Queen of the Crop Ltd. Company No: 5746558 VAT Number: 216140059