This page (together with the documents referred to on it) tells you the terms and conditions on which we supply the lingerie and hosiery (items) listed on our website at www.pearllagoon.com (our site) to you. Please read these terms and conditions carefully before ordering any items from our site. You should understand that by ordering any of our items, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. Please tick the box next to "I HAVE READ THE TERMS AND CONDITIONS AND I AGREE TO THEM" if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to complete your purchase from our site. Information About Us and Service Availability www.pearllagoon.com is a site operated by Pearl Lagoon Limited (we). We are registered in England and Wales under company number 06633289 and with our registered office at: 24A Crown Street, Brentwood, Essex, CM14 4BA. Our main trading address is 3, Rochetts, Weald Road, South Weald, Brentwood, Essex, CM14 5QS. Our VAT number is [GB936931788]. Our site is mainly intended for use by people resident in the United Kingdom. We do accept orders from outside of the United Kingdom worldwide.
Your Status By placing an order through our site, you warrant that: you are legally capable of entering into binding contracts; and you are at least 18 years old.
How the Contract is Formed Between You and Us After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy an item. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the item has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those items whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other item which may have been part of your order until the dispatch of such items has been confirmed in a separate Dispatch Confirmation.
Our Status We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
Consumer Rights If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the items. In this case, you will receive a full refund of the price paid for the items in accordance with our refunds policy (set out in condition 9 below). To cancel a Contract, you must inform us by emailing us at info@pearllagoon.com. If you have already received the items, you must return them to us immediately [(you will have to pay the post and packaging costs of returning them to us)] unworn, unwashed, in original condition, with all labelling intact and together with the original packaging. Please ensure that you do not remove any hygiene seals. For further information, please see our Returns Policy (please refer to our website www.pearllagoon.com to view our returns policy).
Availability and Delivery Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. Please refer to our Postage and Delivery Guide (please refer to our website www.pearllagoon.com to view our postage and delivery guide) for further information such as the cost of delivery and timescales. Risk and Title The items will be at your risk from the time of delivery. You are requested to check all items at the time of delivery. The delivery note should be signed noting any shortages or damage. You must also inform us within 3 days of delivery of any such shortages or damage. We can be contacted by email at info@pearllagoon.com - please quote your order reference number when emailing us. We regret we cannot accept liability for missing or damaged items if we are not informed in the manner we have specified. We request our carriers to obtain signatures at delivery. If you are not available to sign at the time of delivery, our carrier will [leave the items outside your address, unless you specify otherwise OR drop a card through your letter box leaving contact details for you to arrange a suitable time for re-delivery of the items. If our carrier is unable to delivery the items at the re-arranged time, the items will be returned to the depot and you will be recharged the cost of delivery]. We regret we cannot accept responsibility for late/non-delivery of items arising from incorrect delivery information being provided by you. Where you have requested the items to be delivered at an address other than the credit/debt card billing address, our carrier will endeavour to obtain a signature upon delivery, however we regret we cannot accept liability for missing or damaged items if no signature is obtained or where the signatory does not check the condition of the consignment. Ownership of the items will only pass to you when we receive full payment of all sums due in respect of the items, including delivery charges.
Price and Payment The price of any items will be as quoted on our site from time to time, except in cases of obvious error. These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide (please refer to our website www.pearllagoon.com to view our postage and delivery guide). Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. Our site contains a number of items and it is always possible that, despite our best efforts, some of the items listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where an item's correct price is less than our stated price, we will charge the lower amount when dispatching the item to you. If an item's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the item, or reject your order and notify you of such rejection. We are under no obligation to provide the item to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. Payment for all items must be by credit or debit card. We accept payment with [Visa credit, Visa debit, Visa Electron, Mastercard, Maestro, and Solo Cards]. We use Sage Pay and Lloyds Cardnet to process all transactions.
Our Refunds Policy When you return an item to us because you have cancelled the Contract between us within the seven-day cooling-off period (see condition 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the item in full, including the cost of sending the item to you. [However, you will be responsible for the cost of returning the item to us]. If you are cancelling the contract within the seven-day cooling-off period, you must return the items to us within 21 days of your cancellation. If we do not receive the items within 21 days, we reserve the right to arrange to collect them and charge you the cost of doing so. If you do not return the items or fail to make them available for collection within 30 days of your cancellation, you will be deemed to have accepted them, at which point a new Contract will be made and you will be re-charged for your order if we have already processed your refund. This does not affect your statutory rights. If you are returning an item to us for any other reason (for instance, because you have notified us that that the relevant item is defective), if it is outside of the period of time given by our Returns Policy (please refer to our website www.pearllagoon.com to view our returns and exchanges policy) we will examine the returned item and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective item. Items returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us, unless you request a replacement, in which case we will send you replacement items instead and we will refund you the cost of returning the defective items to us. In some circumstances, it may be necessary for us to arrange collection of the defective items from you, which we will discuss with you at the relevant time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Our Liability You have certain applicable mandatory statutory rights, which cannot be limited or excluded but which may be amended from time-to-time. These mandatory statutory rights will apply to the Contract in the form in which they are in force from time-to-time. Our liability for losses you suffer as a result of us breaking the Contract is strictly limited to the purchase price of the relevant item you purchased and any losses which are a foreseeable consequence of us breaking the Contract. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us including but not limited to loss of income or revenue. Where you buy any item from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
Written Communications Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. Notices All notices given by you to us must be given to Pearl Lagoon Limited at [info@pearllagoon.com]. We may give notice to you at the e-mail address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website or 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the e-mail address you have specified, and in the case of our site, by the relevant page containing such notice being stored in an internet archive service such as the Wayback Machine or being cached on our servers. Events Outside Our Control We will not be responsible for failure to perform or delay in performance of any of our obligations under a Contract which is caused directly or indirectly by events beyond our reasonable control.
Waiver If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 12 above.
Severability If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision 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. Entire Agreement We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. 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 and conditions to be confirmed in writing. Our Right to Vary These Terms and Conditions We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Dispatch Confirmation).
Law and Jurisdiction Contracts for the purchase of items through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. |
