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1 These Terms
(b) You should print and keep a copy of these terms for future reference.
(c) From time to time, we may amend these terms (see paragraph 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 were last modified on 5th August 2019.
(d) These terms and any contract between us are in the English language only.
2 Who we are
(a) The website is operated by Penhaligon’s Limited ('we','us','our'). We are a limited company registered in England and Wales under company number 02110619. Our registered office is at 3rd and 4th Floor, 1 Cathedral Piazza, 123 Victoria Street, London, SW1E 5BP. Our VAT number is 554 1278 45.
3 Our products
The images of the products on our website are for illustrative purposes only. The products and the packaging of the products you receive may vary slightly from those images. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflect the colour of the products.
4 Use of our website
(a) 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 which may have been agreed, to be confirmed in writing.
(b) You may only purchase products from our website if you are at least 18 years old and if you are legally capable of entering into binding contracts.
(c) Only consumers may purchase products from us on this website. If you are a business wishing to purchase these products for resale please contact us on 0800 011 9877 (UK ) or +44 800 011 9877 (international) or at [email protected].
5 How we use your personal information
6 How the contract is formed between you and us and how to pay
(a) 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 before submitting it.
(b) To place an order for products on this website, you should:
· Step 1 – Add your product to the online shopping bag
· Step 2 – Enter the bag and choose Proceed to Purchase
· Step 3 – Existing Customers: Sign in to your online account
New customers: Press continue, provide your contact information and billing and delivery addresses
· Step 4 – Select Delivery Method and any Gift Message or Wrapping
· Step 5 – Select Proceed to Purchase or Pay with Paypal
By clicking "Proceed to Purchase" you confirm that you have read, understood and accept these terms and conditions.
(c) You can pay for products on our website using a debit or credit card or PayPal.
(d) We will take full payment for your order (including any delivery charges) on dispatch of the ordered products
(e) Where you select ‘Proceed to Payment’, all credit/debit card transactions on our website are processed using a secure online payment gateway that encrypts your card details and cannot be accessed by us.
(f) If you wish to pay for the products using PayPal, select ‘Pay with PayPal’ and you will be redirected to the PayPal login page to complete the payment of the order. If you do not have a PayPal account, you can sign up at the PayPal login page before completing your order.
(g) 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.
(h) We will confirm our acceptance of your order by sending you an e-mail that confirms that the products have been dispatched (‘Shipping Confirmation’). It is at this point that the contract between you and us for the sale and purchase of the products ordered by you will be formed and become binding. The contract that is formed shall be in English and will include these terms and conditions.
(i) 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 or description on our website (see paragraph 13(d)) or because we are unable to obtain authorisation for your payment, we will inform you of this by e-mail as soon as possible and we will not process your order. If you have already paid for the products, we will refund you the full amount paid as soon as possible.
(j) We can choose not to accept an order from you for any products.
7 Our right to make changes
(a) Minor changes. We may update or amend these terms from time to time 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. These changes will not affect your use of the product.
(b) More significant changes. Where we make changes to these terms or to the products and such changes affect your rights under these terms or your use of the products in any material way you will be notified when the relevant changes take effect. You may then end the contract before the changes take effect and receive a refund for any products you have paid for but have not yet received.
8 Your right to change your mind and our Penhaligon’s promise
(a) We offer our consumer (not business) customers purchasing products through our website for deliveries to addresses in the UK and Europe a Penhaligon’s Promise. This is more generous than your rights as a consumer under law as highlighted in the table below (full details of our Penhaligon’s Promise can be found here https://www-origin.penhaligons.com/uk/en/terms-policy/returns-refunds). Please note you also have statutory rights in relation to the products as a consumer which are not affected by the Penhaligon’s Promise.
How our Penhaligon’s Promise is more generous
14 day period to change your mind
60 day period to change your mind
Customer to pay cost of return
If the delivery address for the product is in the UK, returns are free
(b) Therefore if you change your mind and wish to cancel your order you may do so at any time within period of 60 days from the date you placed the order with us. However if the Penhaligon’s Promise does not apply the time period to cancel is 14 days after the day the products were delivered to you (or if delivered in instalments, 14 days after the day the last instalment we delivered).
To cancel your order please notify us by: emailing us or writing to us using the contact details shown under paragraph 19 and in either case including your name, address, details of your order and email or, by printing off and posting or by emailing to us a completed model cancellation form available here.
(c) Your cancellation is effective from the date you notify us and you must return the cancelled products to us within 14 days of informing us that you wish to cancel and end the contract. For more information on refunds see paragraph 10 below.
9 Damaged or faulty products and your other rights to terminate
(a) If what you have bought is faulty, broken on arrival or mis-described (minor variations do not count see paragraph 3) and we agree with you following an examination of the returned product, then we will (at your choice) either replace the product free of charge or, refund you the price of the product and the postage you paid for the product and any reasonable costs you incur in returning the item to us in accordance with our refund policy (see paragraph 10 below). Simply return the faulty product to us, unused, to: Penhaligon’s by Request, Returns Department, 3rd and 4th Floor, 1 Cathedral Piazza, 123 Victoria Street, London, SW1E 5BP, UK.
(b) You also have the right to terminate the contract between you and us for the supply of any product where:
· we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
· there is a risk that supply of the products may be significantly delayed because of events outside our control;
· we have suspended or have notified you that we are going to suspend supply of the products for a period of more than 30 days beyond the order delivery date specified in your order confirmation email; or
· where we have done something wrong or failed to do something in breach of the contract between you and us.
(c) In any of the circumstances detailed above please notify us by e-mailing us or writing to us using the contact details shown under paragraph 19 detailing the cause for concern. The contract will end as soon as we receive your notification and if you are entitled to a refund we will refund you in full for the price of any products (plus postage costs) you have paid for and which have not yet been provided.
(d) 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 paragraph 9 or these terms. Advice about your legal rights is available from your local Citizens' Advice Bureau.
(a) If you end the contract with us for any reason after products have been dispatched to you or you have received them, you must return them to us.
(b) You will be responsible for the cost of returning the products to us unless:
· you are entitled to rely on our Penhaligon’s Promise (and the delivery address for products is within the UK);
· the products you received are faulty or not as described; or
· if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. (see paragraph 9(d)).
(c) You must take reasonable care of the products while they are in your possession and unless you are exercising your rights under the Penhaligon’s Promise products must be returned to us unused and in their original packaging.
(d) If you chose to return any products to us, we will not be responsible for loss or damage to them in transit. If you are returning your products by post, we recommend that products are sent by registered post with your local post office or by courier so that you can track the products and that you always retain evidence of posting or proof of shipment and the tracking number until the purchase price has been refunded.
(e) We will refund to you using the same method originally used by you to pay us for your purchase.
(f) If you cancel your order in accordance with these terms you will receive a full refund of the price you paid for the products including delivery costs except as follows:
· we are only obliged to refund delivery costs for the least expensive delivery method we offer. Therefore if you chose a more expensive form of delivery when ordering (e.g. next day delivery) we will not pay the difference between this method of delivery and our least expensive method of delivery;
· we may reduce your refund of the price (excluding delivery costs) to reflect any deduction in the value of the products if this has been caused by your handling of the products which would not be permitted in a shop. You have a legal obligation to take reasonable care of the products while they are in your possession and are responsible for the risk of damage during transport. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(g) We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then we will process any refund due to you as soon as possible and, in any case, no later than 14 days after the day we receive the returned products from you or (if earlier) the day you provide us with evidence that you have sent the products.
(a) 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 website. Please read paragraph 16 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.
(b) We will use our best efforts to send you your products by the estimated delivery date set out in the order confirmation email, or, if no date is specified, then no later than 30 days following the date of your order confirmation email. If we are unable to meet the estimated delivery date we will contact you with a revised estimated delivery date.
(c) Delivery will be completed when we deliver the products to the address you gave us.
(d) If no one is available at your address to take delivery and it is not possible to leave the products securely at the premises, you will be left a note informing you that delivery has been attempted and that products have been returned to our courier’s premises, in which case, please contact us or our courier to rearrange delivery.
(e) If after a failed delivery, you do not re-arrange delivery or collect the products from the delivery depot notified to you we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and we will refund you the money you have already paid for the order but reserve the right to deduct from the refund a reasonable sum as compensation for any costs we have incurred as a result.
(f) We are responsible for the products until the point they are delivered to you. You are responsible for the products on delivery and will own the products once we have received your order payment in full.
(g) 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, it is advisable to tell us as soon as possible as your legal rights as a consumer vary depending on the time period.
12 International delivery
(a) We deliver to the countries listed here. However there are restrictions on some products for certain international delivery destinations, so please review the information on that page carefully before ordering products.
(b) If you order products from our website for delivery to one of the international delivery destinations we supply to, 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.
(c) 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.
13 Price of products and delivery charges
(a) The prices of the products will be as quoted on our website from time to time. Prices for our products may change from time to time, but changes will not affect any order which we have already confirmed our acceptance of.
(b) 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.
(c) The price of a product exclude delivery charges, which you must also pay. Our delivery charges are as quoted on our website from time to time and are dependent on the delivery method you choose when you place your order. Please take the time to read and check your order at each stage of the order process.
(d) Our website contains a large number of products. It is always possible that, despite our reasonable efforts to ensure that the prices of products are correct at the time when the relevant information was entered onto the system, some of the products on our Website 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.
14 Discount and promotion codes
(a) Occasionally, we may offer special promotions (such as discounts or offers) on certain products. We have the right to withdraw such promotions at any time and they may also be subject to time restrictions, availability and other terms and conditions.
(b) To avoid disappointment, please ensure you check the terms for a promotional offer before trying to redeem it.
(c) We may occasionally offer promotional discounts, with or without a promotion code. Promotions with codes are usually only valid for one transaction and once the code is used it will be deactivated and will no longer be valid.
(d) Promotions cannot be added to an order after the order is confirmed, therefore you must ensure that the voucher is registered before you confirm and pay for the products.
(e) We do occasionally work with third parties to offer promotions related to our products but we are not responsible for promotions related to our products where such promotions are published on external websites or other media which have not been approved by us.
15 Our liability
(a) 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.
(b) We only supply the products to you for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
(c) We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any breach of any terms implied by law including your right to receive products as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed.
16 Events outside our control
(a) We may have to suspend performance of the contract between us if we are unable to perform our obligations due to any act, event or non-happening, omission or accident outside our reasonable control which includes:
· 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;
· failure of public or private telecommunications networks;
· impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
· the acts, decrees, legislation, regulations or restrictions of any government; or
· any failure or service outage that falls outside our control.
(b) We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency in which case we will contact you as soon as reasonably possible. If we have to suspend delivery of the product for longer than 30 days beyond the estimated delivery date then unless you agree to the revised date you may contact us to end the contract and we will refund any sums you have paid in advance for the product in accordance with our refund policy. Where we do we will have no further liability to you.
17 Other important terms
(a) We may transfer our rights and obligations under a Contract to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer or you feel that the service you are now receiving is not the same then you may contact us to end the Contract within 14 days of being notified of it and we will refund you any payments you have made in advance for products not provided.
(b) You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
(c) Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in paragraph 17(b) in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
(d) Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
(e) Which laws apply to this contract and where you may bring legal proceedings. Contracts for the purchase of products through our website will be governed by English law and you can bring legal proceedings in respect of the products in the English and Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you live in another European Union country you can bring legal proceedings in respect of the products in either the country in which you live or the English courts.
18 Alternative dispute resolution
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to use alternative dispute resolution. This does not prevent you going to court if you are still not satisfied with the outcome. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform available at www.ec.europa.eu/consumers/odr.
19 Contact us
If you have any questions about us, these terms, our website or our products, please do not hesitate to contact us at [email protected] or by pre-paid post to Penhaligon's Limited, 3rd and 4th Floor, 1 Cathedral Piazza, 123 Victoria Street, London, SW1E 5BP, UK. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are exercising your right to cancel under the Penhaligon’s Promise, please see here for how to tell us this.
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