TERMS AND CONDITIONS
Welcome to The Thirsty Elephant! The Thirsty Elephant provides services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
The Thirsty Elephant is geographically located in the United Kingdom. We ship all products from the United Kingdom. All prices are shown in GB Pounds Sterling. By Accepting these Terms and Conditions you are acknowledging that you are purchasing goods from the United Kingdom.
When you visit The Thirsty Elephant or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of The Thirsty Elephant or its content suppliers and protected by UK and international copyright laws. The compilation of all content on this site is the exclusive property of The Thirsty Elephant, and protected by UK and international copyright laws.
The Thirsty Elephant trademarks and trade dress may not be used in connection with any unauthorised third party products or services The Thirsty Elephant in any manner that disparages or discredits The Thirsty Elephant. All other trademarks not owned by The Thirsty Elephant that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Thirsty Elephant.
LICENSE AND SITE ACCESS
The Thirsty Elephant grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The Thirsty Elephant. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Thirsty Elephant. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Thirsty Elephant and our associates without express written consent. You may not use any meta tags or any other “:hidden text”: utilizing The Thirsty Elephants name or trademarks without the express written consent of The Thirsty Elephant. Any unauthorized use terminates the permission or license granted by The Thirsty Elephant. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of The Thirsty Elephant so long as the link does not portray The Thirsty Elephant, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any The Thirsty Elephant logo or other proprietary graphic or trademark as part of the link without express written permission.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “:spam.”: You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Thirsty Elephant reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant The Thirsty Elephant and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant The Thirsty Elephant and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify The Thirsty Elephant or its associates for all claims resulting from content you supply. The Thirsty Elephant has the right but not the obligation to monitor and edit or remove any activity or content. The Thirsty Elephant takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from The Thirsty Elephant are made pursuant to a shipment contract. This basically means that we take responsibility for loss upon delivery to the carrier, we reclaim for any loss due to shipping issues. Should you Return any items to The Thirsty Elephant, you must make adequate provision for any loss during shipping (i.e. use Registered post/Special delivery/courier service with insurance/first class mail with proof of postage, based on the value of the goods).
The Thirsty Elephant and its associates attempt to be as accurate as possible. However, The Thirsty Elephant does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by The Thirsty Elephant itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY THE THIRSTY ELEPHANT ON AN “:AS IS”: AND “:AS AVAILABLE”: BASIS. THE THIRSTY ELEPHANT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE THIRSTY ELEPHANT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Thirsty Elephant DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE THIRSTY ELEPHANT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE THIRSTY ELEPHANT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting The Thirsty Elephant, you agree that the laws of the United Kingdom, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and The Thirsty Elephant or its associates.
When you place an order to purchase a product from The Thirsty Elephant, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we have dispatched that product to you (the Dispatch Confirmation E-mail). That acceptance will be complete at the time we send the Dispatch Confirmation e-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract.
DISPUTES AND COMPLAINTS
Any disputes or complaints should be directed in the first instance to The Thirsty Elephant please email [email protected]. We will acknowledge all complaints via email and hope to resolve them in a timely manner. We will keep you informed on progress of any complaints or disputes. You may choose to escalate any disputes via PAYPAL.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to The Thirsty Elephant. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
What Personal Information About Customers Does The Thirsty Elephant Gather?
The information we learn from customers helps us personalize and continually improve your shopping experience at The Thirsty Elephant. Here are the types of information we gather.
Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, fulfilling orders, customizing future shopping for you, improving our store features, and communication with you.
Automatic Information: We receive and store certain types of information whenever you interact with our website. For example, like many web sites, we sometimes use “cookies,” and we obtain certain types of information when your Web browser accesses our website.
E-mail Communications: To help us make e-mails more productive to improve service and your shopping experience, we sometimes send you newsletters of our services and products, notifications of changes to our policies, and order confirmations. If you do not want to receive e-mail from us, other than order notifications and receipts, please adjust your “Subscription” preferences by logging into your account. We do not send random marketing emails to personal email addresses (spam).
What About Cookies?
Cookies are alphanumeric identifier text files that we transfer to your computers hard drive through your Web browser to enable our systems to recognize your browser and to provide features such as storage of items in your Shopping Cart between visits.
Does The Thirsty Elephant Share the Information It Receives?
We respect your privacy and appreciate your business. At no time do we ever provide your account contact or payment information to any third party vendor, associate or service provider unless absolutely necessary in order to complete your transaction and order. We conform to the requirements of the Data Protection Act, 1998.
How Secure Is Information About Me?
We work to ensure the safety of your information. We do NOT see (and therefore we do NOT store) your credit card details as this is handled by PAYPAL who offer a secure online purchasing system using SSL. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer by clicking the “log off” link located in the side menu.
Which Information Can I Access?
The Thirsty Elephant gives you access to a broad range of information about your account and your interactions with us for the limited purpose of viewing and, in certain cases, updating that information.
Conditions of Use, Notices, and Revisions
If you choose to visit The Thirsty Elephant, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, arbitration of disputes, and application of the law of the state of our local state. If you have any concern about privacy of your personal information as used and collected within our website, please send us a thorough description by clicking on the “Contact Us” link on the side menu, and we will try to resolve it.
Our business changes constantly, and our Privacy Notice and the Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.
Information You Give Us
You provide most such information when you search, buy, order, post reviews, or other methods of communication via our website or email to The Thirsty Elephant. As a result of those actions, you might supply us with such information as your name, email address, postal address and phone numbers.