Terms & Conditions

BACKGROUND:

1. These Terms and Conditions comprise two sections (1) the Terms of Use which apply to your use of Our website https://uk.parfums-de-marly.com (“Our Site”) and (2) the Terms of Sale which apply in respect of purchasing Goods from Us. Please read these Terms and Conditions carefully to ensure that you understand them before using Our Site and placing an Order with Us.

2. The following documents also apply to your use of Our Site and the purchase of Goods from Us: Our Privacy Policy, available on Our Site. Our Cookie Policy, available on Our Site.

3. These Terms and Conditions were last updated in October 2021.

 

SECTION 1: TERMS OF USE

 Your agreement to comply with these Terms of Use is indicated by your use of Our Site. If you do not agree to these Terms of Use, you must stop using Our Site immediately. You will also be required to accept these Terms of Use if you sign up for an Account.

 

1. Definitions and Interpretation

1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

 “Account” means an account required to access certain features on Our Site, as set out in Part 7;
“Contact Tools” means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms and live chat;
“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“User” means a user of Our Site;
“We/Us/Our” means Euro Parfums UK Limited (a subsidiary of Euro Parfums FZE).

 

2. Information About Us

2.1 Our Site is operated by Euro Parfums UK Limited (a subsidiary of Euro Parfums FZE). We are a limited company registered in England and Wales under company number 12353164. Our registered address is Saxon House Moseley's Farm Business Centre, Fornham All Saints, Bury St Edmunds, Suffolk, England, IP28 6JY and We are part of the Parfums de Marly group of companies.

2.2 Our VAT number is 346640103.

2.3 “Parfums de Marly” is a UK registered trade mark under registered numbers UK00003614290, UK00913290853, UK00914565791, UK00003614395, UK00913290861.

 

3. How to Contact Us and Your Use of Our Contact Tools

3.1 To contact Us by email, please email Us at customerservice.uk@pmarly.com and to contact Us by post, please write to Us at the address stated in Part 2.1.

3.2 We provide the following Contact Tools for you to contact Us:
- Contact Form

3.3 When using Our Contact Tools or contacting Us by any other means, the following rules apply, and you must not communicate, submit, or otherwise do anything that:

  • is sexually explicit, obscene, deliberately offensive, hateful, or otherwise inflammatory;
  • promotes violence;
  • promotes, encourages, incites, or supports acts of terrorism;
  • promotes or assists in any form of unlawful activity;
  • is defamatory of another person;
  • bullies, insults, intimidates, or humiliates another person;
  • discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; nationality; gender; gender identity; sexual orientation; religious or philosophical beliefs; disability; or age;
  • is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
  • is calculated or otherwise likely to deceive;
  • is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal information in a way that you do not have a right to;
  • misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
  • implies any form of affiliation with Us or any other party where there is none;
  • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, designs, patents, trade marks, and database rights) belonging to Us or any other party;
  • is in breach of any legal duty owed to another party including, but not limited to, contractual duties and duties of confidence.

3.4 We may monitor any and all communications made using Our Contact Tools.

3.5 Any personal information sent to Us, whether via Our Contact Tools or otherwise (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy, available from Our Site.

 

4. Access to Our Site

4.1 Access to Our Site is free of charge

4.2 It is your responsibility to make the arrangements necessary in order to access Our Site.

4.3 Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted.

 

5. Changes to Our Site

We may alter and update Our Site (or any part of it) at any time, for example, to make improvements to its functionality.

 

6. Changes to these Terms of Use

6.1 We may alter these Terms of Use at any time. If We do so, details of the changes will be highlighted at the top of this page. Any changes made to these Terms of Use will apply to your use of Our Site the first time you use it after the changes have been implemented. You are advised to check this page every time you use Our Site.

6.2 If any part of the current version of these Terms of Use conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

 

7. Accounts

7.1 If any part of the current version of these Terms of Use conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

7.2 Only Users aged 18 years or over may create an Account.

7.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes, it is your responsibility to ensure that your Account is kept up to date.

7.4 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols.

7.5 It is your responsibility to keep your Account details safe.

7.6 You must not use another person’s Account without their permission.

7.7 All personal information provided by you in your Account will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy, available on Our Site.

7.8 If you wish to delete your Account, you may do so at any time. If you delete your Account, you will no longer have access to the features on Our Site requiring an Account. Deleting your Account will result in the removal of your information from Our Site. For further details about the retention and deletion of personal data, please refer to Our Privacy Policy, available from Our Site.

7.9 We may disable your Account if, in Our reasonable opinion, you have breached these Terms of Use.

 

8. International Users

Our Site is intended for users in the United Kingdom only. We do not warrant or represent that Our Site or its Content are available in other locations or are suitable for use in other locations.

 

9. How You May Use Our Site and Content (Intellectual Property)

9.1 All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

9.2 You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).

9.3 You may print one copy and download extracts of any page(s) from Our Site for personal use only.

9.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors or Users, as applicable) must always be acknowledged.

 

10. Links to Our Site

10.1 You may link to any page on Our Site. Linking to any pages on Our Site requires Our express written permission.

10.2 Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.

10.3 You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).

10.4 Your link should not use any logos or trade marks displayed on Our Site without Our express written permission.

10.5 You must not frame or embed Our Site on another website without Our express written permission.

10.6 You may not link to Our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.

10.7 You may not link to Our Site from another website the main content of which does not comply with the content standards set out in Part 3.3 above.

 

11. Links to Other Sites

11.1 Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.

11.2 The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.

 

12. Disclaimers

12.1 Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only.

12.2 We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up to date, but to the extent permitted by law, We make no warranties, representations, or guarantees (express or implied) that this will always be the case. Please note that this does not apply to information concerning goods for sale through Our Site. Please refer to Section 2 Our Terms of Sale for more information.

12.3 If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.

 

13. Our Liability

13.1 The provisions of this Part 13 apply only to the use of Our Site and not to the sale of goods. The sale of goods is governed by Our Terms of Sale, available at Section 2 below.

13.2 Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.

13.3 If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.

13.4 If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

13.5 If you are a consumer, you agree that you will not use Our Site for any commercial or business purposes and that We shall have no liability to you for any business losses as set out above.

 

14. Viruses, Malware, and Security

14.1 We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.

14.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.

14.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

14.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

14.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

14.6 By breaching the provisions of Parts 14.3 to 14.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

 

15. Acceptable Usage of Our Site

15.1 You may only use Our Site in a lawful manner:

  • You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
  • You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
  • You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.

15.2 If you fail to comply with the provisions of this Part 15 and/or the content standards set out in Part 3.3, you will be in breach of these Terms of Use. We may take one or more of the following actions in response:

  • Suspend or terminate your right to use Our Site;
  • Issue you with a written warning;
  • Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
  • Take further legal action against you, as appropriate;
  • Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
  • Any other actions which We deem reasonably appropriate (and lawful).

15.3 We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 15.2) in response to your breach.

 

16. How We Use Your Personal Information

We will only use your personal information as set out in Our Privacy Policy, available from Our Site and Our Cookie Policy, available from Our Site.

 

17. Communications from Us

17.1 If We have your contact details and/or if you have an Account, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms of Use, or to your Account.

17.2 Our Site offers Users the opportunity to subscribe to receive marketing communications by e-mail relating to Parfums de Marly events and products. The information collected is subject to computer processing intended to respond to your request to subscribe to our Newsletter. This information is only for use by Us. For further information about how we process your personal data, please see our Privacy Policy. We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to 14 days for your request to take effect and you may continue to receive emails during that time.

17.3 For questions or complaints about communications from Us, please contact Us using the details above in Part 3.

 

18. What Happens if We Transfer this Agreement to Another Party

We may transfer (assign) Our obligations and rights under these Terms of Use to a third party (this may happen, for example, if We sell Our business). If this Occurs, your rights under these Terms of Use will not be affected and Our obligations under these Terms of Use will be transferred to the third party who will remain bound by them.

 

19. Law and Jurisdiction

19.1 These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

19.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 19.1 takes away from or reduces your legal rights as a consumer.

19.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Use or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

19.4 If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Use or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

 

 

SECTION 2: TERMS OF SALE

These Terms, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Goods are sold by Us to consumers through Our Site.

These Terms of Sale explain how Our Goods will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.

You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our site. These Terms of Sale, as well as all Contracts, are in the English language only.

 

1. Definitions and Interpretation

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

 "Contract" means a contract for the purchase and sale of Goods, as explained in Part 9;
"Contract Tools" means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms and live chat;
"Goods" means the goods sold by Us through Our Site;
"Order" means your order for Goods;
"Order Confirmation" means Our acceptance and confirmation of your Order;
"Order Number" means the reference number for your Order; and
"We/Us/Our" means Euro Parfums UK Limited (a subsidiary of Euro Parfums FZE).


1.2 Unless the context otherwise requires, each reference in these Terms of Sale to:

1.2.1 “writing”, and any similar term, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

1.2.3 a Part or paragraph is a reference to a section, part, or clause of these Terms of Sale.

 

2. Information About Us

2.1 Our Site is operated by Euro Parfums UK Limited. We are a limited company registered in England and Wales under company number 12353164. Our registered address is Saxon House Moseley's Farm Business Centre, Fornham All Saints, Bury St Edmunds, Suffolk, England, IP28 6JY and We are part of the Parfums de Marly group of companies.

2.2 Our VAT number is 346640103.

2.3 “Parfums de Marly” is a UK registered trade mark under registered numbers UK00003614290, UK00913290853, UK00914565791, UK00003614395, UK00913290861.

 

3. How to Contact Us

3.1 To contact Us:

  • with general questions or complaints;
  • about the Goods or your Order; or
  • about cancellations

please email Us at customerservice.uk@pmarly.com, and to contact Us by post, please write to Us at the address stated in Part 2.1.

3.2 We provide the following Contact Tools for you to contact Us:

  • Contact Form

3.3 Use of Our Contact Tools is subject to Part 3 of Our Terms of Use set out in Section 1.

 

4. Changes to these Terms of Sale

4.1 We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements. If We do so, details will be highlighted at the top of this page. If the changes are likely to affect your Order, We will inform you in advance by email and you may contact Us to end the Contract before the changes take effect. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.

4.2 If any part of the current version of these Terms of Sale conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

 

5. Business Customers

These Terms of Sale do not apply to customers purchasing Goods in the course of business.

 

6. International Customers

Please note that We only deliver within the United Kingdom, Jersey and Guernsey.

 

7. Goods, Descriptions, and Changes

7.1 We make all reasonable efforts to ensure that all descriptions and images of Goods available from Us on Our Site match the actual Goods. Please note:

  • Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions;
  • Images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary.

7.2 Please note that Part 7.1 does not exclude Our responsibility for mistakes due to Our negligence. It refers only to minor variations in the correct Goods, not to different Goods. If you receive Goods that are not as described, please refer to Part 13.

7.3 Minor changes may be made to certain Goods from time to time. This may happen between you placing your Order and the Goods being dispatched.

Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements. Minor changes will not change the main characteristics of the Goods and will not affect your use of those Goods.

 

8. Pricing

8.1 We make all reasonable efforts to ensure that prices shown on Our Site are correct. We may change prices from time to time. Changes in price will not affect any Order that you have already placed. Please note, however, that changes in VAT will, as explained below in Part 8.2.

8.2 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

8.3 All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing.

If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price.

If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If you do not respond within 14 days, We will treat your Order as cancelled and inform you of the cancellation in writing.

8.4 Delivery charges are not included in the price of Goods shown on Our Site. For more information on delivery charges, please refer to Our Site. Delivery options and related charges will be presented to you as part of the order process.

8.5 Current offers cannot be combined with any other offer and do not apply to previous purchases.

 

9. Orders and How Contracts Are Formed

9.1 Our Site will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it.

9.2 If you provide Us with incorrect or incomplete information during the order process, please contact Us as soon as possible. Where any information is required, it will be stated on Our Site, either in the product descriptions or during the order process, as applicable.

If We cannot process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it or provide the missing information required for Us to supply the Goods to you.

If you do not provide the required information within a reasonable period of Us asking for it, or if the information is inaccurate or incomplete, We may end the Contract.

We will not be responsible for supplying the affected Goods late or for not supplying the affected Goods if this is due to you not providing Us with the required information within a reasonable period of Us asking for it.

9.3 No part of Our Site constitutes a contractual offer capable of acceptance.

Your Order constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending you an Order Confirmation by email.

Only once we have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Goods.

9.4 Order Confirmations contain the following information:

  • Your Order Number;
  • Confirmation of the Goods;
  • Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery, and other additional charges; and
  • Estimated delivery date(s);

9.5 Please quote your Order Number if you contact Us about your Order for any reason. You do not have to do this, but it may help Us to locate your Order and help you more quickly and easily.

9.6 In the unlikely event that We cannot accept your Order, We will inform you in writing and explain why. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded.

9.7 We may not accept your Order because the Goods are out of stock, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Goods, or because We are not able to meet a delivery deadline that you have set.

 

10. Payment

10.1 Payment for Goods and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process.

10.2 We will not charge your chosen payment method until We dispatch the Goods.

10.3 We accept payment using the following methods which may be updated on Our Site from time to time:

  • Visa
  • Mastercard
  • American Express
  • PayPal
  • Discover
  • Apple Pay

 

11. When You Own the Goods

Ownership of the Goods passes to you once We have received payment in full of all sums due.

 

12. Delivery

12.1 All Goods purchased through Our Site will normally be delivered within 5 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the ordering process.

12.2 We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.

12.3 If there is a risk of a substantial delay to delivery, you may contact Us to end the Contract and will be refunded any sums paid for Goods that you have not received.

12.4 If you (or someone on your behalf aged 18 or over) are not available at your address to take delivery of the Goods and they cannot be posted through your letterbox, We will leave a note informing you of how to arrange for re-delivery or of where to collect the Goods.

12.5 If you do not arrange to have the Goods re-delivered or do not collect them, We will contact you to ask for further instructions. We may charge you for storage and for further delivery costs. If, despite Our reasonable efforts, We cannot contact you or cannot arrange for re-delivery or collection of the Goods, We may end the Contract and issue you with a refund.

12.6 In the unlikely event that We do not deliver the Goods on time (within 30 calendar days of the Order Confirmation or as otherwise agreed or specified), you have certain legal rights. If any of the following apply, you may treat the Contract as being at an end immediately:

  • We have refused to deliver the Goods;
  • In light of all relevant circumstances, delivery within the specified or agreed time period was essential; or
  • You told Us when ordering the Goods that delivery within the specified or agreed time period was essential

12.7 If you do not wish to cancel under Part 12.6, or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.

12.8 You may cancel all or part of your Order under Parts 12.6 or 12.7 provided that separating the Goods in your Order would not significantly reduce their value.

Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you.

If any cancelled Goods are delivered to you, you must return them to Us or arrange for their collection. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.

12.9 Responsibility for the Goods passes to you once We have delivered the Goods to the address you have provided or once you (or a carrier organised by you, if applicable) collect the Goods from Us.

12.10 As explained in Part 9.2, We will not be responsible for delivering Goods late or for not delivering Goods if this is due to you not providing Us with required information within a reasonable period of Us asking for it.

 

13. Faulty, Damaged, or Incorrect Goods

13.1 If any Good ordered from Our Site is faulty, damaged or incorrect, when delivered to you, at Our discretion We may offer an exchange or refund as appropriate.

13.2 If you believe a Good ordered from Us is faulty, damaged or incorrect you should or if there is a problem with the Goods, please contact Us using the details provided above in Part 3. Nothing in these Terms of Sale will affect your legal rights as a consumer under The Consumer Rights Act 2015.

13.3 Please note that you will not be eligible to claim under this Part 13 if:

  • We informed you of the problem(s) with the Goods before you purchased them and the problem(s) should have been obvious to you; or
  • You have caused the problem(s) yourself, for example, through misuse or intentional or careless damage; or
  • You have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem(s) has/have resulted from your use of the Goods for that purpose; or
  • The problem(s) is/are the result of normal wear and tear; or
  • You have changed your mind (please refer to Part 15).

13.4 If you exercise your legal right to reject the Goods, you must return them to Us.

13.5 To return Goods to Us for any reason under this Part 13, please contact customer services on the email address who will respond to you to inform you of the procedures to be followed. We will cover the costs of postage or collection.

 

14. Your Rights to Cancel and End the Contract

14.1 If the Goods are faulty or misdescribed, you may have a legal right to end the Contract, to have the Goods repaired or replaced, or to get a full or partial refund. Please refer to Part 13, above, for more information.

14.2 If you are a consumer and have changed your mind, you may have a legal right to a “cooling-off period” within which you can end the Contract for any reason. Please refer to Part 15, below, for more information.

14.3 If you wish to end the Contract because of something We have done or are going to do, please refer to Part 16, below, for more information.

 

15. Cancelling and Ending the Contract if You Change Your Mind

15.1 If you are a consumer, the Consumer Contracts Regulations 2013 give you the legal right to change your mind and end the Contract for any reason. This 14 calendar day “cooling-off period” begins once your Order is complete and we send you the Order Confirmation, i.e. when the Contract is formed, and ends as set out below. You may also cancel for any reason before We send the Order Confirmation.

  • If the Goods are being delivered to you in a single instalment, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.
  • If the Goods are being delivered in separate instalments on separate days, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.

15.2 If you wish to end the Contract for this reason, you must inform Us within the cooling-off period. You may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. Our contact details are provided above in Part 3.

15.3 Your cancellation notice is effective from the date on which you send it. Provided you send your cancellation notice or contact Us directly by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.

 

16. Cancelling and Ending the Contract Because of Something We Have Done or Will Do

16.1 You may have the right to cancel and end the Contract because of something We have done or have informed you that We are going to do. This right to cancel applies in the following circumstances:

  • We have informed you about an error in the price or description of the Goods and you do not wish to proceed;
  • There is a risk that delivery of the Goods will be substantially delayed due to events outside of Our control (see Part 12.3);
  • You have a legal right to end the Contract because We have done something wrong (including where We have not delivered the Goods on time and the circumstances in Part 12.6 or 12.7 apply).

16.2 If you cancel and end the Contract for any of the reasons set out in this Part 16, the Contract will end immediately and you will receive a full refund for any Goods which have not yet been provided.

16.3 If you wish to end the Contract for this reason, you may inform Us by email, or post. Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. Our contact details are provided above in Part 3.

 

17. Returning Goods After Cancelling and Ending the Contract

17.1 Subject to your right to partially cancel your Order under Part 12.8, if you cancel and end the Contract for any reason after Goods have been dispatched or delivered to you, you must return the Goods to us.

17.2 If you are exercising your right to change your mind under the cooling-off period as set out in Part 15, you must return the Goods to Us no more than 14 calendar days after the day on which you informed Us that you wish to cancel.

17.3 In all other circumstances including where you are exercising your right to change your mind under the cooling-off period, you must cover the costs of returning the Goods to Us.

 

18. Refunds

18.1 All refunds due to you will be made using the same method used by you when paying for the Goods. You will be refunded the price paid for the Goods and for delivery, subject to the following limitations and deductions:

  • If you are exercising your right to change your mind under the cooling-off period, We may reduce your refund to reflect any reduction in the value of the Goods if that reduction has been caused by your handling of the Goods in a way that would not be permitted in a shop. If We issue the refund before inspecting the Goods and subsequently discover that you have handled them in this way, We may charge you an appropriate sum.
  • Standard delivery charges (i.e. the cheapest option available for your Order) will be refunded, but we do not reimburse premium delivery charges.

18.2 All refunds due to you will be made as soon as possible. If you are exercising your right to change your mind under the cooling-off period, We will issue your refund within 14 calendar days of:

  • The day on which We receive the returned Goods;
  • If We are collecting the Goods, the day on which you inform Us that you wish to cancel and end the Contract; or
  • If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel and end the Contract.

 

19. Our Liability to Consumers

19.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

19.2 We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

19.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

19.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer including, but not limited to, those explained above in Part 14.

 

20. Complaints and Feedback

We always welcome feedback from Our customers and, whilst We always use reasonable efforts to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint by email to Our customer services department at customerservice.uk@pmarly.com.

 

21. How We Use Your Personal Information

We will only use your personal information as set out in Our Privacy Policy, available from Our Site and Our Cookie Policy, available from Our Site.

 

22. What Happens if We Transfer this Agreement to Another Party

We may transfer (assign) Our obligations and rights under these Terms of Sale (and the Contract) to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will ensure that your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

 

23. Other Important Terms

23.1 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.

23.2 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

23.3 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.

23.4 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

 

24. Alternative Dispute Resolution

24.1 Alternative dispute resolution or ‘ADR’ refers to ways of resolving disputes between a consumer and a trader without going to court.

24.2 In the event that you have a complaint which has not been resolved by Us within a reasonable time period, you agree that attempts may be made to resolve it by engaging in good faith with Us in a process of ADR including mediation or arbitration.

 

25. Law and Jurisdiction

25.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

25.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 25.1 takes away from or reduces your legal rights as a consumer.

25.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

25.4 If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

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