These terms may have changed since you last reviewed them
This is the first version of these terms.
Where to find information about us and our products
You can find everything you need to know about us, The BuddyHood Ltd, and our products and prices from time to time on our websites, thebuddyhood.co.uk and thedarksideoffood.com. We also confirm the key information about your purchase and by linking to these terms when we email you to confirm your purchase.
Disclaimer – please follow this link to our separate The BuddyHood Ltd Disclaimer
When you buy from us you are agreeing that:
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- We only accept orders when we’ve checked them.
- Sometimes we reject orders
- We charge you when we accept your order.
- We charge interest on late payments.
- We pass on increases in VAT.
- We’re not responsible for delays outside our control.
- Products can vary slightly from their pictures.
- If you bought online, you have a legal right to change your mind.
- You have rights if there is something wrong with your product.
- We can change products and these terms.
- We can suspend supply (and you have rights if we do).
- We can withdraw products.
- We can end our contract with you.
- We don’t compensate you for all losses caused by us or our products.
- We use your personal data as set out in our Privacy Notice.
- You have several options for resolving disputes with us.
- Other important terms apply to our contract, including our disclaimer.
We only accept orders when we’ve checked them
We contact you to confirm we’ve received your order and we accept it when we dispatch or supply the product and confirm dispatch or supply to you. Should you purchase our products from third party suppliers their processes will be appropriately followed.
Sometimes we reject orders
Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory, because we can’t verify your age (where the product is age-restricted), because you are located outside our delivery areas, as stated on our website and in our marketing or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
We charge you when we accept your order
However, for some products we might take payment at regular intervals, as explained to you during the order process. If your product is goods (rather than digital content or services), you will own it once we have received payment in full.
We charge interest on late payments
If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
We pass on increases in VAT
If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
We’re not responsible for delays outside our control
If our supply of your product is delayed by an event outside our control, such as postal or delivery driver strikes or pandemics, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team: support@thebuddyhood.com to end the contract and receive a refund for any products you have paid for in advance, but not received.
Products can vary slightly from their pictures
A product’s true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different.
You have a legal right to change your mind
Your legal right to change your mind. For most of our products bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.
When you can’t change your mind. You can’t change your mind about an order for:
- digital products, after you have started to download or stream these;
- services, once these have been completed;
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them;
- goods that are made to your specifications or are clearly personalised; and
- goods which become mixed inseparably with other items after their delivery.
The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after:
- the day we deliver your product, if it is goods, for example any graphic novel or other paper publication we supply to you. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
- the day we confirm we have accepted your order, if it is for digital content for download or streaming (for example, a soft copy version of our graphic novel) although you can’t change your mind about digital content once we have started providing it.
How to let us know. To let us know you want to change your mind, contact our Customer Service Team: thedarksideoffood@thebuddyhood.com. If you purchased our products from a third party supplier please refer to their terms and conditions and returns policy.
You have to return the product at your own cost. If your product is goods, for example, a paper copy of our graphic novel, you have to return it (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the goods. You can:
- send the product back to us, using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won’t refund you the price. For help with returns, including our collection arrangements for goods which can’t be posted. Where products are purchased from third party suppliers for example Amazon and Barnes and Noble, please refer to their terms of sale and returns policies.
We only refund standard delivery costs. Where we had previously agreed to refund delivery costs, we don’t refund any extra you have paid for express delivery or delivery at a particular time.
We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product’s condition is not “as new” or if pages of our graphic novel are dog eared or torn. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team at support@thebuddyhood.com can advise you on whether we’re likely to reduce your refund.
When and how we refund you. If your product is a service, digital content or goods that haven’t been delivered or that we’re collecting from you, we refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. If your product is goods that you’re sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you’ve sent them to us). We refund you by the method you used for payment. We don’t charge a fee for the refund.
You have rights if there is something wrong with your product
If you think there is something wrong with your product, you must contact our Customer Service Team: support@thebuddyhood.com. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.
Summary of your key legal rights
If your product is goods, for example paper copy graphic novel, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
· Up to 30 days: if your goods are faulty, then you can get a refund.
· Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
· Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your product is digital content, for example a soft copy graphic novel, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
· If your digital content is faulty, you’re entitled to a repair or a replacement.
· If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
· If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
We can change products and these terms
Changes we can always make. We can always change a product:
- to reflect changes in relevant laws and regulatory requirements;
- to make minor technical adjustments and improvements, for example to address a security threat. These are changes that should not affect your purchases; and
- to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.
We can suspend supply (and you have rights if we do)
We can suspend the supply of a product. We do this to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements; or
- make changes to the product (see We can change products and these terms).
We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If we suspend the product a year we adjust the price so you don’t pay for it while its suspended. If we suspend supply, or tell you we’re going to suspend supply, for more than a year you can contact our Customer Service Team: support@thebuddyhood.com to end the contract and we’ll refund any sums you’ve paid in advance for products you won’t receive.
We can withdraw products
We can stop providing a product, such as an ongoing service or a subscription for digital content or goods. We let you know at least 3 months in advance and we refund any sums you’ve paid in advance for products which won’t be provided.
We can end our contract with you
We can end our contract with you for a product and claim any compensation due to us [(including enforcement costs)] if:
- you don’t make any payment to us when it’s due and you still don’t make payment within five days of our reminding you that payment is due;
- you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, your address;
- you don’t, within a reasonable time, either allow us to deliver the product to you or collect it from us.
We don’t compensate you for all losses caused by us or our products
We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:
- Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
- Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We’re not responsible for delays outside our control.
- Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
- A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.
We use your personal data as set out in our Privacy Notice
How we use any personal data you give us is set out in our Privacy Notice.
You have several options for resolving disputes with us
Our complaints policy. Our Customer Service Team: thedarksideoffood@thebuddyhood.com will do their best to resolve any problems you have with us or our products. Our Complaints policy is in line with our third party suppliers and any complaints should primarily be lodged with them first.
You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
Other important terms apply to our contract
We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We’ll tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the contract. If you’re unhappy with the transfer you can contact our Customer Service Team: support@thebuddyhood.com to end the contract within 30 days of us telling you about it and we will refund you any payments you’ve made in advance for products not provided.
You can only transfer your contract with us to someone else if we agree to this. We may not agree if it causes us any cost. We can require the new owner to prove you transferred the product to them.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
Please refer to our Disclaimer for further information.