Terms & Conditions

 REVIEW & WIN COMPETITION

The review and win promotion is open until August 31st 2016. Winners will be selected every Friday. Each winner will receive a 100ml fragrance of their choice. A winning review will be selected based on the originality and creativity of the review. No participant may win more than one prize. Participants agree that Penhaligon's will have the right to disclose the name of the winner(s) and their winning review. Reviews are subject to approval by Penhaligon's before posting on site. Penhaligon's reserves the right to suspend, vary or cancel the promotion without notice and for any reason, amend the rules.

BLOG & WIN COMPETITION

The blog and win promotion is open until 30th September 2016. Each winner will recieve a 100ml fragrance of their choice plus a Penhaligon's goodie bag. A winning blog will be selected based on the originality and creativity of the blog. No participant may win more than one prize. Participants agree that Penhaligon's will have the right to disclose the name of the winner(s) and their winning blog. Reviews are subject to approval by Penhaligon's before submission within the Penhaligon's Times. Penhaligon's reserves the right to suspend, vary or cancel the promotion without notice and for any reason, amend the rules.

TRADE ROUTES COMPETITION 

The Trade Routes competition is hosted uniquely on Penhaligon’s Facebook page and is open until August 31st 2016. A participant is required to sign up to our email newsletter by submitting their name, last name, country of residence and email address in order to enter the competition. Three (3) winners will be selected on August 31st 2016. Each winner will receive a 100ml fragrance of their choice from the Trade Routes collection. No participant may win more than one prize. Participants agree that Penhaligon's will have the right to disclose the name of the winner(s). Penhaligon's reserves the right to suspend, vary or cancel the promotion without notice and for any reason, amend the rules.


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This page (together with our privacy-policy, Terms of Website Use, Acceptable Use Policy, Cookie Policy) tells you information about us and contains the legal terms and conditions on which we sell any of the Products to you.(For full information please go to our desktop site).

These Terms will apply to any contract between us for the sale of Products to you. Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.

You should print and keep copy of these Terms for future reference.

Please click on the button marked "Proceed to Payment" at the point of payment if you accept these Terms . If you refuse to accept these Terms, you must not order any Products from our Site.

Please note that, from time to time, we may amend the Terms as per clause 7 below. Every time you submit an order to us, please check these Terms to ensure you understand the Terms which will apply at the time you place your order.

These Terms, and any Contract between us, are in the English language only .

  1. Definitions
    1. When the following words with capital letters are used in these Terms and the introduction (above), this is what they will mean:

      Contract the individually legally binding contract formed between you and us when you place an order which we accept according to the provisions of clause 6;

      Dispatch Confirmation the email we send to you to confirm that the Products have been dispatched;

      Event Outside Our Control is defined in clause 15.2 below;

      International Delivery Destinations is defined in clause 11.1 below;

      Personal Information means 'personal data' as defined in the Data Protection Act 1998;

      Products the products listed on our Site;

      Site the website that operates at www.penhaligons.com;

      Terms the terms and conditions on which we supply to you the Products.

  2. Information about us
    1. The Site is operated by Penhaligon's ('we','us','our') Limited is a limited company registered in England and Wales under company number 02110619 and with our registered office at 184 - 192 Drummond Street, London, NW1 3HP. Our main trading address is 184 - 192 Drummond Street, London, NW1 3HP. Our VAT number is 554 1278 45.
    2. To contact us, please see our "Contact Us" page http://www.penhaligons.com/contact-us/ or send us an email to by request@penhaligons.com
  3. Our Products
    1. The images of the Products on our Site are for illustrative purposes only. Your Products may vary slightly from those images. 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 colour of the Products.
    2. The packaging of the Products may vary from that shown on images on our Site.
    3. All Products shown on our Site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
  4. Use of our Site
    1. Your use of our Site is governed by our Terms of Website Use, Privacy Policy, Acceptable Use Policy and our Cookie Policy. Please take the time to read these, as they include important terms which apply to you.
    2. We intend to rely upon these Terms and our Terms of Website Use, Privacy Policy, Acceptable Use Policy and Cookie Policy http://www.penhaligons.com/cookie-policy/ in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
    3. You may only purchase Products from our Site if you are at least 18 years old and if you are legally capable of entering into binding contracts.
    4. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect such legal rights.
  5. How we use your personal information
    1. We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy http://www.penhaligons.com/cookie-policy/. Please take the time to read this, as it includes important terms which apply to you.
  6. How the contract is formed between you and us
    1. For the steps you need to take to place on order on our Site, please contact byrequest@penhaligons.com
    2. During the checkout process you will be asked to complete your payment details. Where requested you must complete the compulsory fields indicated. All credit/debit card transactions on our Site are processed using SagePay, a secure online payment gateway that encrypts your card details and cannot be accessed by us. Any personal information that we can access about you will only be used in accordance with our Privacy Policy.
    3. 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 page of the order process.
    4. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. This does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.5.
    5. We will confirm our acceptance of your order by sending you an e-mail that confirms that the Products have been dispatched.
    6. 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 of an error in the price on our Site as referred to in clause 12.5, 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 as soon as possible.
    7. We may decide, at our discretion, not to accept an order from you for any Products.
  7. Our right to vary these terms
    1. We may update or amend these Terms from time to time. We may need to revise or amend these Terms to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, and changes in our system's capabilities. Please review these Terms regularly to ensure you are aware of any of the changes we have made. Your continued use of our Site after changes are posted means you agree to be legally bound by these terms as updated/amended.
    2. Once your order has been confirmed and a Contract formed, we will not make any changes to the Terms that apply to your order. However, if you are a returning customer please check our Site regularly to ensure you are aware of any changes we have made to our Terms since the last time you visited our Site.
    3. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
  8. Your consumer right of cancellation
    1. If you are a consumer, you have a legal right to cancel a Contract (under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 8.2. If you change your mind or for any other reason you decide that you do not want to keep a Product during the period set out below in clause 8.2, you can notify us of your decision to cancel the Contract and receive a refund (in accordance with clause 8.4. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office. This cancellation right does not apply in the case of any custom-made products or products which are personalised.
    2. As a consumer, you may cancel a Contract at any time within 7 (seven) working days, beginning on the day after you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
    3. To cancel a Contract, please send an email to byrequest@penhaligons.com send a letter to [Customer Services] , 184 - 192 Drummond Street, London, NW1 3HP. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email, then your cancellation is effective from the date we receive the email. If you send the notice by post, then your cancellation notice is effective from the date we receive the letter.
    4. If you exercise your cancellation rights under clause 8.2 above, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (see clause 9 below).
  9. Exchange and Refund Policy
    1. You may return the Products to us under this clause 9 because they are faulty or mis-described, in which case we will offer you a choice between an exchange of the Product for an alternative Product or refund the price of a defective Product in full. We will also refund to you any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
    2. If you are unhappy with the Products you order for any other reason, we also offer a [28] day goodwill guarantee. We will offer you a choice between an exchange of the Product for an alternative Product, or a credit note to the value of the Product you return to us (not including any delivery charges or any costs you incur in returning the item to us). To exercise this guarantee, you must return the Product to us at your own cost and enclosing your proof of purchase, within [28 ] calendar days of receiving the Products from us.
    3. Whenever you return any Products to us:
      1. you must return the Products to us as soon as reasonably practicable;
      2. unless the Products are faulty or not as described (in this case, see clause 9.1), you will be responsible for the cost of returning the Products to us;
      3. you must take reasonable care of the Products while they are in your possession and you must not use them;
      4. Products must be returned to us in their original packaging. For reasons of hygiene we are unable to offer a refund for any Products that have been opened unless they are faulty.
    4. When you return the Product to us:
      1. because you have cancelled the Contract between us within the seven day cooling-off period (see clause 8.2 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day we receive your notice of cancellation. In this case, we will refund the price of the Products and any applicable delivery charges. However, you will be responsible for the cost of returning the Products to us;
      2. because you claim that a Product delivered to you is faulty or mis-described under clause 9.1, then we will examine the returned Products and, provided you have complied with clause 9.3, we will notify you of your right to a refund for that Product only (should we conclude you are entitled to one) via email within a reasonable period of time. We will usually process the refund to you as soon as possible and usually within 30 days from the day we confirm to you via e-mail that you were entitled to a refund for the faulty or mis-described Product. At the same time, we will refund any applicable delivery charges, and any reasonable costs you incur in returning the Product to us.
    5. If you chose to return any Products to us, we will not be responsible for loss or damage to them in transit. We therefore recommend that Products are returned to us using a reputable recorded delivery service. If Products are damaged or lost in delivery we reserve the right to charge you, or not to refund any amounts due to you, that are attributable to the loss or damage.
    6. We will refund to you using the same method originally used by you to pay us for your purchase.
    7. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
  10. Delivery
    1. Delivery charges and timescales will vary depending on the delivery address and the delivery method you select when you submit an order to us. Details of estimated delivery times are given on our Site http://www.penhaligons.com/dispatch-delivery/. Please read clause 15 about what happens if there is an Event Outside Our Control which results in a delay in delivery or failure to deliver the Product. We will contact you with a revised estimated delivery date if there is an Event Outside Our Control.
    2. Delivery will be completed when we deliver the Products to the address you gave us when you submitted your order to us.
    3. The Products will be your responsibility from the completion of delivery. You should check all Products you receive against your order as soon as possible. If you discover that the Products are damaged or mis-described after delivery, you must tell us as soon as reasonably possible either by email or to the address set out in clause 16.2.
    4. You own the Products once we have received payment in full, including all applicable delivery charges.
  11. International delivery
    1. We deliver to the countries listed on this page http://www.penhaligons.com/dispatch-delivery/ 'International Delivery Destinations'). However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
    2. If you order Products from our Site for delivery to one of the International Delivery Destinations, delivery charges and timescales will vary depending on the delivery location and the delivery method you select when you submit an order to us. Your order may also be subject to import duties and taxes which are applied when the delivery reaches that destination. You will be responsible for payment of any such import duties and taxes. We have no control over these charges and we cannot predict their amount.
    3. 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.
  12. Price of products and delivery charges
    1. The prices of the Products will be as quoted on our Site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of any Products you ordered, please see clause 12.5 for what happens in this event.
    2. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
    3. 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.
    4. The price of a Product does not include delivery charges, which you must also pay. Our delivery charges are as quoted on our Site from time to time and are dependent on the delivery method you choose when you place your order. Delivery charges are available on our Site, and will be displayed before you submit your order to us. Please take the time to read and check your order at each stage of the order process.
    5. Our Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
  13. How to pay
    1. You can only pay for Products using a debit card, a credit card or via PayPal.
    2. Payment for the Products and all applicable delivery charges is in advance.
  14. Our liability
    1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a natural, foreseeable consequence 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 they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
    2. You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying that matter yourself. If you do not provide us with such opportunity, we shall have no liability to you for those cost you incur.
      1. loss of profits or contracts;
      2. loss of income or revenue;
      3. loss of business;
      4. loss of anticipated savings;
      5. business interruption;
      6. loss or damage to reputation or goodwill; or
      7. loss of business opportunity; or
      8. wasted management or office time.
    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);
      5. defective products under the Consumer Protection Act 1987; or
      6. any other liability for which it would be unlawful for us to attempt to limit or exclude our liability.
    4. If any one of the above sub-clauses is held to be unlawful, void or unenforceable, it can be severed from the other provisions, which themselves will remain enforceable.
  15. Events outside our control
    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.
    2. An Event Outside Our Control means any act, event or non-happening, omission or accident outside our reasonable control and includes in particular (without limitation) the following:
      1. strikes, lock-outs or other industrial action by third parties; or
      2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
      3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
      4. failure of public or private telecommunications networks; or
      5. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
      6. the acts, decrees, legislation, regulations or restrictions of any government; or
      7. any failure or service outage that falls outside our control.
    3. Our performance under any Contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite 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.
    4. Either party may terminate a Contract for Products with immediate effect by giving the other party written notice if an Event Outside Out Control arises and continues for longer than one calendar month.
  16. Communications between us
    1. When we refer, in these Terms, to "in writing", this will include e-mail.
    2. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, either by sending an email to byrequest@penhaligons.com or by pre-paid post to Penhaligon's Limited, 184 - 192 Drummond Street, London, NW1 3HP. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are exercising your right to cancel under clause 8.2, please see clause 8 for how to tell us this.
    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 billing address you provide to us in your order.
  17. Other important terms
    1. Transfer of rights and obligations 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. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    2. No third party rights This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    3. Severability Each of the paragraphs of these Terms operates separately. If any of the Terms of the Contract between us are determined by any court or other competent authority to be invalid, unlawful or unenforceable to any extent, such Term(s) will, to that extent, be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
    4. Wavier If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    5. Law and Jurisdiction Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. We retain the right to bring proceedings against you in your country of residence or any other relevant country.
    6. Your concerns If you have any concerns or questions about these Terms please contact byrequest@penhaligons.com.