Terms & Conditions
BACKGROUND:
These Terms and Conditions are the standard terms for the sale of goods by Unveiling Pearls (trading as Unveiling Beauty), is a Private Limited Company registered in England under number 10261358.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business Day” means, any day other than a Saturday, Sunday or bank holiday;
“Calendar Day” means any day of the year;
“Commercial Unit” means a delivery of Goods, the character and/or value of which would be materially impaired if divided;
“Contract” means the contract for the purchase and sale of Goods, as explained in Clause 3;
“Goods” means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
“Month” means a calendar month;
“Price” means the price payable for the Goods;
“Special Price” means a special offer price payable for Goods which We may offer from time to time;
“Order” means your order for the Goods
“Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 3;
“We/Us/Our” means Unveiling Pearls, a Private Limited Company registered in England under number 10261358.
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail or other means.
2. The Contract
2.1 These Terms and Conditions govern the sale of goods by Us and will form the basis of the Contract between Us and you. Before making your Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
2.2 Your Order constitutes a contractual offer that We may, at Our discretion, accept.
2.3 A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided via email.
2.4 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction: 2.4.1 The main characteristics of the Goods;
2.4.2 The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
2.4.3 Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
2.4.4 Where applicable, the arrangements for payment, delivery and the time by which We undertake to deliver the Goods;
3. Description and Specification of Goods
3.1 We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in Our website. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate due to differences in the colour reproduction of electronic displays.
3.2 If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions on our website, We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return those Goods to Us as provided in Clause 8. If, as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.
3.3 We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
4. Orders
4.1 All Orders for Goods made by you will be subject to these Terms and Conditions.
4.2 You may change your Order at any time before We despatch the Goods by contacting Us.
4.3 If your Order is changed We will inform you of any change to the Price in writing.
4.4 You may cancel your Order at any time before We despatch the Goods by contacting Us. If you have already paid for the Goods under Clause 6, the payment will be refunded to you within 14 working days.
4.5 We may cancel your Order at any time before We despatch the Goods in the following circumstances:
4.5.1 The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or
4.5.2 An event outside of Our control continues for more than 2 weeks (please see Clause 10 for events outside of Our control).
4.6 If We cancel your Order under sub-Clause 4.5 and you have already paid for the Goods under Clause 6, the payment will be refunded to you within 4 weeks. If We cancel your Order, the cancellation will be confirmed by Us in writing.
5. Price and Payment
5.1 The Price of the Goods will be that shown in Our website in force at the time of your Order. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.
5.2 Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
5.3 We have made every reasonable effort to ensure that Our Prices, as shown in Our website are correct. Prices will be checked when We process your Order. If the actual Price of the Goods is lower than that stated in your Order, you will be charged the lower Price. If the actual Price of the Goods is higher than that stated in your Order, We will ask you how you wish to proceed.
5.4 All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you.
5.5 Our Prices exclude the cost of delivery. Delivery costs will be added on to the final sum due.
5.6 All payments for Goods must be made in advance before We can despatch the Goods to you.
5.7 We accept the following methods of payment:
5.7.1 List payment
5.8 Credit and/or debit cards will be charged as soon as you place your order online.
6. Delivery
6.1 Please note that delivery is currently only possible within the United Kingdom.
6.2 When We provide you with an Order Confirmation, We will provide an estimated delivery date. Please note that estimated delivery dates may vary according to the availability of Goods, your location, and circumstances beyond Our control. Unless agreed otherwise, the Goods will be delivered without undue delay and in any case no later than 30 Calendar Days after the date on which the Contract is formed.
6.3 Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Goods.
7. Faulty, Damaged or Incorrect Goods
7.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.
7.2 Beginning on the day that you receive the Goods (and ownership of them) you have a 30 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above. Alternatively, you may request a repair of the Goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you a full refund. If you request a repair or replacement during the 30 Calendar Day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days. If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund. If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
7.3 Please note that you will not be eligible to claim under this Clause 8 if We informed you of any faults, damage or other problems with the Goods before your purchase of them; if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 8 merely because you have changed your mind. Please refer to Clause 9 for details of what to do if you change your mind.
7.4 To return Goods to Us for any reason under this Clause 8, you may do so by post or another suitable delivery choice.
7.5 Refunds (whether full or partial, including reductions in price) under this Clause 8 will be issued within 14 Working Days of the day on which We agree that you are entitled to the refund.
7.6 Any and all refunds issued under this Clause 8 will include all delivery costs paid by you when the Goods were originally purchased.
7.7 For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
8. Returning Goods If You Change Your Mind
8.1 If you are not satisfied with any Goods purchased from Us you have the right to return them in exchange for a refund or a replacement, subject to the provisions of this Clause 8. This Clause 8 does not apply to Goods that are not in compliance with the Contract and your legal rights. For such Goods, please refer to Clause 7.
8.2 If you wish to return Goods to Us under this Clause 8 you must do so within 2 weeks of taking delivery, telling Us why you wish to return the Goods.
8.3 All Goods must be returned to Us under this Clause 8 in their original condition, in their original, un-opened packaging, accompanied by proof of purchase.
8.4 You may return Goods to Us by post or another suitable delivery service of your choice. You are solely responsible for the cost of returning Goods to Us under this Clause 8.
8.5 Refunds or replacements will be issued to you immediately if you return Goods to Us within 14 days of Our receipt of the Goods if you return Goods to Us by post or similar delivery service.
9. Our Liability
9.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions 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.
9.2 We only supply Goods for domestic and private use. We make no warranty or representation that the Goods are fit for industrial use of any kind (including resale). By making your Order, you agree that you will not use the Goods for such purposes. 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.
9.3 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
10 Events Outside of Our Control (Force Majeure)
10.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
10.2 If any event described under this Clause 10 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
10.2.1 We will inform you as soon as is reasonably possible;
10.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
10.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
10.2.4 If the event outside of Our control continues for more than 2 weeks We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
10.2.5 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under sub-Clause 5.4 above.
11. Complaints and Feedback
11.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours 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.
If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways by email, addressed to hello@unveilingbeautyofficial.co.uk
12. How We Use Your Personal Information (Data Protection)
12.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
13. Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.