Terms and Conditions
TERMS OF WEBSITE USE
Use of our site includes accessing,browsing, or registering to use our site.
OTHER APPLICABLE TERMS
Our Acceptable Use Policy which appears in the Annex to these terms which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
If you purchase goods from our site, our Terms and conditions of supply will apply to your purchases.
INFORMATION ABOUT US
www.pinkclove.co.uk is a site operated by Pink Clove Ltd. ("We"). We are registered in England and Wales under company number 08611885 and have our registered office at Pink Clove Ltd, 8 Shaw Park Business Village, Shaw Rd, Wolverhampton WV10 9LE, which is also our main trading address. Our VAT number is 279228565. We are a limited company.
CHANGES TO THESE TERMS
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
CHANGES TO OUR SITE
We may update our site from time to time, and may change the content at any time.
However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice.
We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
YOUR ACCOUNT AND PASSWORD
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user
identification code or password, you must promptly notify us at email@example.com.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws andtreaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs,video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
NO RELIANCE ON INFORMATION
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
LIMITATION OF OUR LIABILITY
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption
- loss of anticipated savings
- loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business,business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of supply.
UPLOADING CONTENT TO OUT SITE
We may from time to time provide features on our site which allow you to upload content to our site (for example reviews of our products).
In uploading any content to our site, you must comply at all times with our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer
as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non- proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We will review any content you upload to our site before it is made public, and may at our discretion refuse to publish it. We have the right to remove any posting you make on our site at our discretion.
The views expressed by other users on our site do not represent our views or values.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack
our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer
Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of content on our site other than that set out above, please contact firstname.lastname@example.org.
THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
"Pink Clove" is a UK registered trade mark of GKF Ltd.
To contact us, please email email@example.com.
Thank you for visiting our site.
ANNEX - ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access our website www.pinkclove.co.uk (our site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
You may use our site only for lawful purposes. You may not use our site:
In any way that breaches any applicable local, national or international
law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or
fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any
material which does not comply with our content standards as set out
To transmit, or procure the sending of, any unsolicited or unauthorised
advertising or promotional material or any other form of similar
To knowingly transmit any data, send or upload any material that
contains viruses, Trojan horses, worms, time-bombs, keystroke
loggers, spyware, adware or any other harmful programs or similar
computer code designed to adversely affect the operation of any
computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our site in
contravention of the provisions of our terms of website use.
Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another's privacy, or cause annoyance,
inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only)
copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Immediate, temporary or permanent withdrawal of your right to use our
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an
indemnity basis (including, but not limited to, reasonable administrative
and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we
reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published
elsewhere on our site.
Terms and Conditions of Supply of Products
This page (together with the documents referred to on it) tells you about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents referred to in it.
Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 www.pinkclove.co.uk is a website operated by Pink Clove Ltd., a company registered in England and Wales under company number 08611885 and with our registered office at 8 Shaw Park Business Village, Shaw Rd, Wolverhampton WV10 9LE. Our VAT number is 279228565.
1.2 Our email address is firstname.lastname@example.org. Questions, comments, or requests regarding our Products or these terms should be sent to this email address.
1.3 Products available from our site should be purchased by individual consumers only, and are not available for purchase by businesses or for commercial purposes.
2. USE OF OUR SITE
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
3. HOW WE USE YOUR PERSONAL INFORMATION
4. YOUR STATUS
4.1 You may only purchase Products from our site if you are at least 18 years old; and
4.2 you are legally capable of entering into a binding contract; and
4.3 you are resident in the UK or one of the International Delivery Destinations (as set out in clause 10.1).
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
5.3 All orders are subject to availability, and we will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.4 If you make a mistake with your order, you may be able to correct your mistake by letting us know by email before your order is processed. If your order has already been processed, you will not be able to amend it. If your order has already been dispatched, please return the Products to us in accordance with our Returns Policy.
5.5 We are entitled to refuse any order made by you for any reason.
6. OUR RIGHT TO VARY THESE TERMS
6.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements; and
(c) for commercial, legal, or operational reasons.
6.2 You will be subject to the terms and conditions in force at the time that you order Products from us, unless any change to those 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 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 Products).
7. RIGHT OF CANCELLATION
7.1 You have a legal right to cancel a Contract during the period set out below in clause 7.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
7.2 However, this cancellation right does not apply in the case of any made-to-measure, custom-made, or personalised products.
7.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. You have a period of 7 (seven) working days in which you may cancel your order, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
7.4 Please see our Returns Policy for further details of your right of cancellation.
7.5 If the Products were delivered to you:
(a) you must return the Products to us as soon as reasonably practicable;
(b) unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us. If the Products are faulty or not as described, please see our Returns Policy;
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
7.6 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
8. REFUNDS POLICY
Please see our Returns Policy for further details.
9.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control (see clause 15). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
9.2 Delivery will be completed when we deliver the Products to the address you gave us.
9.3 The Products will be your responsibility from the completion of delivery.
9.4 You own the Products once we have received payment in full, including all applicable delivery charges.
10. INTERNATIONAL DELIVERY
10.1 We deliver to the UK and to countries within the European Economic Area, USA, Canada, Australia, New Zealand, and the United Arab Emirates (International Delivery Destinations).
10.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
10.3 You will be responsible for payment of any such import duties and taxes.
10.4 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.
11. PRICE OF PRODUCTS, DELIVERY CHARGES, AND PAYMENT
11.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct. However if we discover an error in the price of Product(s) you ordered, please see clause 11.5 for what happens in this event.
11.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. Upon returns - refunds will only be made for items returned as long as they are line with our returns policy. Refunds will not be made for delivery charges.
11.5 Our site contains a large number of Products and it is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
11.6 You can only pay for Products using a debit card or credit card. We accept the following cards: [LIST OF CREDIT AND DEBIT CARDS].
11.7 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order. We will not process your order until payment has been received in full for your order.
11.8 Only one promotion code (if applicable) can be used per order.
12. PINKCLOVE DISCOUNT CODES
12.1 Official pinkclove Discount Codes entitle you to an extra percentage (specific to the Discount Code in question) off your next online order from www.pinkclove.co.uk. To claim your discount, enter the specific promotion code then click on "recalculate order" when prompted to enter your payment details at the "checkout" page.
12.2 Discount Codes can only be used once per customer, cannot be used in conjunction with any other promotion or offer, remain our property, are not transferable and are not valid for the purchase of gift cards or gift vouchers. There is no cash alternative. Discount Codes and related offers are not open to employees of pinkclove.co.uk and we reserve the right to withdraw them and refuse or restrict any order at any time.
12.3 Discount Codes are only valid on pinkclove.co.uk for payments made by residents of the United Kingdom and Ireland in Sterling or, where enabled, Euros. Payment by Euros can be enabled by selecting the appropriate flag in the dropdown currency selection menu in the top right-hand corner on the homepage. Goods are supplied subject to these terms and conditions.
13. INTELLECTUAL PROPERTY RIGHTS
All and any Intellectual Property Rights in the Products belong to us.
14. OUR LIABILITY
14.1 If we do not deliver the Products or if the Products that we deliver to you are not what you ordered, or are damaged or faulty, or the delivery quantity is incorrect, our only obligation will be (at our sole discretion) to correct any delivery shortage; replace or repair any faulty Products; or refund to you the price paid by you for the Products in question.
14.2 We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes.
14.3 We have no liability to you for any consequential, special, or indirect losses including without limitation loss of revenues, profits, contracts, business or anticipated savings, damage to or loss of goodwill, reputation or data.
14.4 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
14.5 Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to this contract shall not exceed the amount paid by you for the affected Products.
14.6 Nothing in this contract shall affect your statutory rights.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16. COMMUNICATIONS BETWEEN US
16.1 When we refer, in these Terms, to "in writing", this will include e-mail.
16.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
16.3 Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
17. OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
17.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.5 These Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17.6 We will not file a copy of the Contract between us.