Terms of service
These terms and conditions are the contract between you and Parfum de marly(“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.
I / We are Euro Parfums uk Ltd a company registered in the United Kingdom, number 12353164. Our address is Saxon House Moseleys Farm Business centre, Bury Saint Edmunds IP28 6JY.
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
The terms and conditions:
1. Definitions
In this agreement:
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“Carrier” |
means any person or business contracted by us to carry Goods from us to you. |
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“Content” |
means any content in any form published on Our Website by us or any third party with our consent. |
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“Goods” |
means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you. |
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“Our Website” |
means any website of ours, and includes all web pages controlled by us. |
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"Post" |
means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly. |
2. Interpretation
In this agreement unless the context otherwise requires:
- a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
- these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
- any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
- Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;
- in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
- the headings to the paragraphs and schedules to this agreement do not affect the interpretation;
- a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
- in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated £50 per hour.
- these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
- this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
- This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
- Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
- If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
- The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
- If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
4. Acceptance of your order
- Your order is an offer to buy from us. We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order.
5. Price and payment
- The price payable for the Goods that you order is clearly set out on Our Website.
- Prices include value added tax (“VAT”). If you show by your delivery address that you reside outside the United Kingdom, VAT will be deducted at the payment point.
- If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
- The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
- If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
6. Security of your credit card
We take care to make Our Website safe for you to use.
- Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
7. Cancellation and refunds
- Your satisfaction is very important to us, but in the unlikely event there is a problem with your order, or you have changed your mind about your purchase, please get in touch with us to arrange a return as outlined below.
- Returns will only be accepted via this process.
- Contact the Customer Service through the contact form within 28 days of receiving your order and provide pictures of the Products concerned by the return request. You will then receive instructions via email on how to arrange a return and how to send the item back to us for inspection prior to a refund being processed.
- Once your return is received and inspected, we will send you an email to notify you that we have received your returned item and the outcome of your refund request. If approved, your refund will be processed, and a refund will be applied to the original method of payment.
- In the event you are requesting a return due to a damaged or faulty item, we will cover the cost of return shipping and confirm return instructions via email.
- In the event you are requesting a return due to a change of mind, all items relating to the return request will need to be returned to us unused and in their original packaging and within 28 days of your return request being approved. Return shipping costs will remain your responsibility.
- In all circumstances, please ensure you return you items in their original packaging where possible and ensure that the parcel is sealed and appropriately packed.
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If any defect is found, then we shall:
- repair or replace the Goods, or
- refund the full cost you have paid including the cost of returning the Goods.
8. Delivery terms
- Goods are delivered within 5 working days from the day you place an order to purchase the Goods.
- Deliveries will be made by Royal Mail to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
- If we are not able to deliver your Goods within 5 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
- Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
- All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
- Signing "Unchecked", "Not Checked" or similar is not acceptable.
- If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
- Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence...
9. Disclaimers
- The law differs from one country to another. This paragraph applies so far as the applicable law allows.
- All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
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We make no representation or warranty for:
- any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
- the adequacy or appropriateness of the Goods for your purpose.
- We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
- You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.
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We shall not be liable to you for any loss or expense which is:
- indirect or consequential loss; or
- economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
- This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999, as well as to us.
- If you become aware of any breach of any term of this agreement by any person, please tell us by letter. We welcome your input but do not guarantee to agree with your judgement. Restrictions on what you may Post to Our Website
10. Dispute resolution
The following terms apply in the event of a dispute between the parties:
- If you are not happy with our services or have any complaint then you must tell us by email message to CustomerService.UK@pmarly.com
- If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
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We shall not be liable to you for any loss or expense which is:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: within 72 hours of posting;
- if sent by e-mail to the address from which the receiving party has last sent e-mail:within 24 hours if no notice of non-receipt has been received by the sender.
- This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
- In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
- The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.