ANQA Terms & Conditions

‘Account’
means your account on The Anqa Collective website.
‘Account Balance’
means the balance of Credit recorded against your Account available for use at any particular time.

‘Content’
means the text and images that are encountered as part of your experience visiting our Website.

‘Credit’
means consideration that can be used to buy products and services.

‘Intellectual Property’
means intellectual property owned by us, of every sort, including Content, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today, together with all rights which are derived from those
rights.

‘Gift Card’
means an electronic voucher redeemable for Credit.

‘Product’
means any product or goods offered for sale on our Website. It excludes Gift Cards.

‘Seller’
means a third party person or organisation that TERN supports and whose Products and Services we promote on our Website.

‘Service’
means any service offered for sale on our Website.

‘Website’
means the website at www.anqacollective.org.

2.1. The Anqa Collective is a website operated by TERN that provides a platform through which Sellers may access a larger market than they may be able to do so otherwise.
2.2. The name of the Seller from whom you buy a Product or Service is indicated on the page for that Product or Service.

2.3. While The Anqa Collective facilitates transactions between you and Sellers, TERN is not a principal in any transaction made on our Website, nor party to any contract between you and a Seller.

2.4. The contract formed at the completion of a sale for a Product or Service is solely between you as the buyer, and the Seller with whom you transact. The Seller remains entirely responsible for the sale of the Product or Service and for dealing with any issue arising out of or in connection with the contract.

2.5. TERN is an agent of a Seller only to the extent of use of our Website as a platform for promotion of Products and Services and for collection and forwarding of payments. TERN is not responsible to you further for any Product or Service other than to take payment and pass it to the Seller.

3.1. In agreeing to these terms and conditions, you agree that you have not relied on any representation or information from any source except the definition and explanation given on our Website.
3.2. Where the terms you agree with the Seller conflict with these terms, the terms of the Seller apply.

3.3. We are not responsible for the delivery of any Product you order or for the returns and repayment procedure should you decide to return a Product for any reason.

3.4. Although we are not liable to you for the performance of any contract with a Seller, if you do have any issue in connection with a purchase made through our Website, we may be able to act as an intermediary to help you resolve the issue with the Seller.

3.5. We may change this agreement in any way at any time. The version applicable to your contract is the version published on our Website when you buy from the Website.

4.1. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
4.2. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your Account.

5.1. Credit can be used to purchase Products and Services in addition to payments made by other means such as debit card.
5.2. Your Account Balance represents the amount of Credit available to use to purchase Products and Services. It does not represent the sum of payments made to us at any time nor the value of any liability we have to you.

5.3. Any monetary payment you make for Products or Services may be reduced by using available Credit on your Account Balance.

5.4. We shall reduce your Account Balance by the amount of Credit used to make a purchase.

6.1. Credit on your Account Balance remains until the date we give you when we accept your order to purchase it.
6.2. After this date, your Account Balance will be reduced.

7.1. Except at our complete discretion, your Account Balance cannot be exchanged or refunded for cash nor transferred to any other Account.
7.2. We shall only refund you your Account Balance provided that you make your request through our Website and you provide sufficient information about the reason for the refund so as to allow us to consider whether it is reasonable.

7.3. If we refund Products or Services partially bought with Credit, we shall increase your Account Balance by the amount of Credit used in the original transaction and will refund the remainder of the price to your other payment method.

8.1. When we terminate this agreement or otherwise when we close your Account for any reason, any unused Credit on your Account Balance will be forfeited.
8.2. Except at our complete discretion, we shall not refund any payment for Credit remaining on your Account Balance to you, regardless of the expiry date of that Credit.

9.1. Gift Cards can be purchased on our Website.
9.2. Some Gift Cards can only be redeemed against specific Products or Services. Others can be used to buy any Product or Service. When you purchase a Gift Card, the Gift Card description will state for which Products and Services it can be redeemed.

9.3. After buying a Gift Card online, we will send you an e-mail message containing a link to redeem the value of the Gift Card on our Website.

9.4. You may forward this message on to anyone else that you would like to benefit from the Gift Card. Only one person may redeem any single Gift Card.

10.1. Clicking on the link in the message will take you to our Website, where you will be asked to sign in to your Account (if you are already a customer) or be asked to create an Account (if you haven’t bought from us before). The value of the Gift Card will be added to your Account Balance.
10.2. You can use the credit in your Account against purchases of the Product or Service for which it is valid.

10.3. A Gift Card expires 12 months after purchase.

10.4. On expiry, we will not refund any balance remaining. The Gift Card will expire.

10.5. Gift Cards cannot be exchanged for cash.

11.1. We are not responsible for the fulfilment of your contract to buy a Product or Service.
11.2. The images of the products on our Website are for illustrative purposes only. They are provided by the Seller of the product and not by us. Although we have made every effort to verify that the Products are depicted accurately, we cannot guarantee that the colours or designs shown to you in an image accurately reflect the actual Products.

11.3. Prices listed on our Website by Sellers are inclusive of any applicable sales tax.

11.4. Unless it is clear to the contrary, you may assume that every sale is made by a Seller in the course of their business.

11.5. Products may be offered for sale subject to any discount or promotion arranged between the Seller and us.

11.6. If, by mistake, any Product or Service is under-priced, neither the Seller nor we will be liable to supply that item to you at the stated price, provided that the Seller or we notify you before it is dispatched or provided.

11.7. Subject to discounts and promotions, Products and Services are offered for sale at a fixed price. VAT may be due and will be either included in the price or shown separately. If not shown, it will not be charged.

11.8. Neither we nor the Seller can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or impounding of any item.

11.9. Any detail given by us in relation to exchange rates is approximate only and may vary from time to time.

11.10. For security purposes (yours and ours), we will not permit more than a maximum number of transactions with you in a given period of time.

11.11. To make future use of our Website easier and faster for you, we will retain your account, identity and delivery information you give to us. We will not retain information relating to your payment method. For detailed information about the disclosure of personal data, please see our privacy notice.

12.1. Your order is an offer to buy from the Seller.
12.2. In relation to orders of Products:

12.2.1 Nothing said or done by the Seller is an acceptance of an order until the Seller dispatches the Product.
12.2.2 At any time before a Product is despatched, the Seller may decline to supply the Product to you without giving any reason.

12.3. In relation to orders of Services:

12.3.1 Nothing said or done by the Seller is an acceptance of an order until the Seller confirms the date on which the Service will be provided in writing.
12.3.2 At any time before a Service is provided, the Seller may decline to provide the Service to you without giving any reason.

13.1. Unless otherwise stated, all delivery costs using standard tracked delivery to addresses in the UK are incorporated into the price of a Product.
13.2. The delivery cost is fixed by the Seller for each item offered for sale. It may be changed at the discretion of the Seller.

13.3. All orders delivered to an address in the UK should arrive within 10 working days.

13.4. We provide tracking numbers once your order has been dispatched. These are included in your shipment confirmation e-mail.

13.5. We use a variety of delivery providers (DHL, UPS and Royal Mail). You will receive a notification on the day of delivery via text or e-mail from the designated provider.

13.6. There may be an additional delivery cost to deliver to a location outside of the UK. Our international delivery costs vary by country. We display international delivery charges at the checkout.

13.7. Any order placed from our Website for delivery outside of the UK may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

14.1. All Sellers are required to comply with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act.
14.2. Sellers may also agree to additional terms that strengthen your rights when purchasing from them.

14.3. Cancellations are possible until the Product is dispatched.

14.4. If you wish to cancel an order, or if you seek a refund then you should contact us immediately. Although your contract for the purchase of Products and Services is with the Seller and not with us, with confirmation from the Seller, we can process a refund to you.

14.5. Sellers are requested to keep Products on our Website in stock. However, if for any reason a Seller does not have a Product in stock, we shall notify you and either issue you with a refund or, with your consent, delay the dispatch of the Product until it is again in stock.

14.6. Neither we nor Sellers are obliged to offer refunds on all types of Products. Sellers cannot accept returns of Products that for hygienic or health reasons cannot be resold.

14.7. If the Seller does not comply with their legal obligations, at our complete discretion we may be able to work with you and the Seller to resolve the issue.

14.8. You must return a Product in the same condition in which you received it, with their original packaging. You are asked to take reasonable care with the Product.

14.9. Unless otherwise agreed by the Seller, returns are at your cost.

14.10. Please ensure that you obtain proof of postage when returning a Product.
14.11. A full refund or credit note excluding any applicable delivery costs will be processed within 15 working days of us or the Seller receiving the returned items.

This paragraph applies so far as the applicable law allows.
15.1. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub-paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

15.2. Our Website is provided ‘as is’. We make no representation or warranty that it will be: useful to you; of satisfactory quality; fit for a particular purpose; or available or accessible, without interruption, or without error.

15.3. In respect of any Product or Service, we are in no way responsible for your choice to buy it, the ordering of it, the provision of it, and any complaint about it.

15.4. Our Website may contain links to other websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.

15.5. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our Website.

15.6. We shall not be liable to you for any loss or expense which is: an indirect or consequential loss; or an economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.

15.7. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid the Seller for the Product or Service.

15.8. The Seller and we can take any action that may reasonably be required from time to time, to protect their interests and ours in connection with a breach or possible breach of the Consumer Contract (Information Cancellation and Additional Charges) Regulations 2013.

15.9. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999, as well as to us.

16.1. You agree that at all times you will:
16.1.1 not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it; and
16.1.2 notify us of any suspected infringement of our Intellectual Property.

16.2. Without our express permission you agree so far as concerns Content made accessible by us to you, not to:

16.2.1 copy or replicate it for use by any other person in any way not intended by us;
16.2.2 make any change to it or any part of it;
16.2.3 publish or store it on any website or cloud storage service, or otherwise allow any other person access to it;
16.2.4 send it to, distribute it to, or share it with any other person;
16.2.5 use it in any way in which it is not intended to be used; and
16.2.6 not to use our Intellectual Property except directly in our interest.

17.1. You agree to indemnify us against all costs, claims and expenses arising directly or indirectly from:
17.1.1 any act, neglect or default of yours in connection with this agreement or your use of our Website;
17.1.2 your breach of this agreement;
17.1.3 your failure to comply with any law; and
17.1.4 a contractual claim arising from your use our Website.

18.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
18.2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

18.3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

18.4. Any communication to be served on either party by the other shall be delivered by hand, sent by a recorded delivery postal service or by e-mail. It shall be deemed to have been delivered: on the day of delivery if delivered by hand, or within 72 hours of posting if delivered by recorded post, or when an e-mail message confirming receipt is sent if sent by e-mail.

18.5. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

18.6. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.

18.7. Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including strikes of its own employees.

18.8. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.