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Terms and conditions

TERMS OF SALE

 Please read these terms of sale (“Terms of Sale”) before ordering any goods (“Good” or “Goods”) from our website www.pampae.com (“our website”). By ordering any Goods from our website, you agree to these Terms of Sale. 

These Terms of Sale outline the terms and conditions under which we supply the Goods displayed on our website.

1. About Us 

Our website is operated by Pampae Ltd, a company registered in England and Wales with registered company number 12861817 (“we”, “our” and “us”). Our registered address is at 26-27 Queens Gate Gardens, London, United Kingdom, SW7 5RP.

2. Orders

2.1 You acknowledge that by placing an order with us, you will be obliged to pay for the Goods in that order if we accept your order.

2.2 The contract between you and us will be made when we send you a confirmation e-mail after receiving your order. This will constitute acceptance of your order by us. After we accept your order, your chosen payment method will be charged.

2.3 If you no longer wish to proceed with your order after it has been dispatched, you can reject delivery or return the Goods to us in accordance with clause 9.

2.4 Before ordering Goods from our website, you are responsible for ensuring that you have full ability to receive the Goods.

2.5 You are obliged to keep the contact details we hold for you up-to-date.

3. Availability

3.1 All orders for Goods are subject to the availability of the materials for making those Goods. We will use our reasonable endeavours to inform you as soon as reasonably practicable after receiving your order if the Goods you have ordered are not available or are subject to delay.

3.2 If we are unable to supply you with a Good you have ordered, we will not process your order. If you have paid for the Good, we will refund the amount you have paid for the Good as soon as reasonably practicable.

4. Goods

4.1 All descriptions of Goods on our website are correct at the time of publication of on our website. We reserve the right to amend the descriptions of Goods on our website without prior notice.

4.2 Although we display the images and colours of Goods on our website as accurately as we can, we cannot guarantee that your device or screen will reflect the images and colours of the Goods accurately. The Goods that are delivered to you may vary from the images of those Goods on our website.

4.3 Although we have indicated the measurements, including weights and dimensions, of Goods on our website as accurately as we can, such measurements are approximate only.

4.4 As our Goods are made from naturally sourced materials and are handcrafted, they may have minor imperfections and may not accurately reflect the images of Goods on our website.

5. Prices

5.1 The price of Goods will be as quoted on our website, excluding cases of error.

5.2 We reserve the right to amend the price of Goods at any time without notice. Any change, however, will not apply to orders accepted by us before the change.

5.3 The price of a Good includes VAT (where applicable) but excludes shipping costs. Shipping costs will be added to the price of the Good and outlined when placing your order. For further information regarding shipping costs for Goods, please refer to the Shipping page of our website.

6. Payment

6.1 We only accept payment via the payment methods outlined on our website. You are obliged to pay for the Goods and any shipping costs before the Goods are shipped.

6.2 By submitting an order to us via our website, you are confirming that the payment details provided in your order are valid and correct.

7. Shipping

7.1 We offer a shipping service in line with the timescales offered on the Shipping page of our website. You acknowledge that these timescales are estimates. For more information regarding shipping of our Goods, please refer to the shipping page of our website.

7.2 Your estimated dispatch date will be set out in a dispatch confirmation email and indicates when we expect to send the Goods to our delivery partner. For more information regarding the shipping process and how long after dispatch you can expect the Goods to be delivered, please refer to the Shipping page of our website. Whilst we will make reasonable endeavours to ensure the Goods are dispatched and delivered within the timescales offered on the Shipping page of our website, we cannot guarantee that they will not be affected by unforeseen circumstances affecting the manufacturer of the Good or our delivery partners. If we are unable to meet the estimated dispatch date, we will provide you with a revised estimated dispatch date.

7.3 Delivery will be complete when the Goods ordered are delivered to the delivery address provided by you when placing the order. If no one is available at the delivery address provided by you, our delivery partner will provide you a note containing information regarding how to rearrange delivery or collect your Goods.

7.4 If you have any queries regarding the status of your order, please contact us at info@pampae.com.

8. Ownership and risk

8.1 When we receive full payment of all sums due in respect of the Goods you have ordered, including shipping costs, ownership of the Goods will pass to you.

8.2 You will be responsible for the Goods when you or a third party indicated by you (other than the carrier) take physical possession of them.

9. Cancellation, Refunds & Returns

If you are unhappy with the Goods, you can return them to us in accordance with our Returns Policy or your statutory rights.

10. Information about you

We process personal data provided by you, or collected by us, in accordance with our Privacy Policy.

11. Liability

11.1 Our liability for loss or damage you suffer as a result of or in connection with us breaching these Terms of Sale, or defective, damaged or incorrectly delivered Goods, will be limited to the price you have paid us for the Good to which the loss or damage you suffer relates.

11.2 Nothing in these Terms of Sale excludes or limits our liability for:

  • death or personal injury caused by our negligence;
  • defective products under the Consumer Protection Act 1987;
  • any liability imposed under the Consumer Rights Act 2015 that is not permitted to be excluded or restricted under section 31 of the Consumer Rights Act 2015;
  • fraud or fraudulent misrepresentation; or
  • any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

11.3 We will not be liable for any indirect or consequential loss or damage or for loss or damage which is not foreseeable, including:

  • loss of income or revenue;
  • loss of business or business opportunity;
  • business interruption;
  • loss of profit or contracts;
  • loss of anticipated savings;
  • loss of goodwill;
  • loss of data; or
  • waste of management or office time,

arising out of or in connection with defective, damaged or incorrectly delivered Goods and whether caused by tort (including negligence), breach of contract or otherwise provided that this clause 11.3 shall not prevent claims for loss or damage to your tangible property that fall under clause 11.1.

11.4 These Terms of Sale do not affect your statutory rights.

12. Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under our contract with you caused by events outside our control, including acts of god, fire, flood, severe weather, industrial action, natural disaster, transport failure, explosions, war (whether declared or not), acts of terrorism or acts of local or central government or of any other competent authorities provided that:

  • we take reasonable steps to prevent or minimise the failure or delay;
  • in the event of failure to perform, we will refund you all amounts paid under the affected written contract; and

in the event of substantial delay, you may cancel your order by notifying us and we will refund you all amounts paid under the affected written contract.

13. Dispute Resolution

13.1 If you have a dispute with us relating to our contract with you, you must first contact us at info@pampae.com and attempt to resolve the dispute with us informally.

13.2 In the unlikely event that we are not able to resolve the dispute informally, the EU operates an online dispute resolution platform for EU customers to submit disputes arising from online purchases. This can be accessed at //ec.europa.eu/odr.

14. Severability

If any provision in these Terms of Sale is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, such provision will, to the extent that it is invalid, illegal, void or unenforceable, be severed from the remaining provisions in these Terms of Sale which will remain in full force and effect.

15. Updates

We reserve the right to amend or update these Terms of Sale at any time and for any reason, including:

  •  changes in how our business operates;
  • changes in market conditions affecting our business;
  • changes in technology;
  • changes in the legal or regulatory requirements that we must comply with; or
  • changes in how we accept payment from you.

Goods ordered by you from our website will, however, be governed by the Terms of Sale available on our website at the time you place the order.

16. Third Party Rights

A person who is not a party to our contract with you may not enforce any of its rights under the Contracts (Rights of Third Parties) Act 1999. This shall not affect any right or remedy of a third party which exists or is available apart from that Act.

17. Assignment

17.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

17.2 You may not transfer, assign, sub-contract, charge or otherwise dispose of your rights and obligations under our contract with you without our prior written consent.

17.3 We may transfer, assign or sub-contract our rights and obligations under our contract with you to another organisation at any time during the term of the contract. We will use our reasonable endeavours to notify you in writing if this happens.

18. Entire Agreement

18.1 These Terms of Sale together with our Terms of Use and Privacy Policy constitute the entire agreement between you and us in relation to the subject matter of any contract between us and you and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

18.2 We and you acknowledge that, in entering in a contract, neither we nor you has relied on, and shall have no right or remedy in respect of, any oral or written warranty, representation, undertaking, promise or other assurance given by the other or implied from anything said or written in negotiations between you and us prior to such contract, except as expressly stated in these Terms of Sale.

18.3 Neither of us shall have any remedy in respect of any untrue written or oral statement made by the other prior to the date of any contract between you and us (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract.

19. Governing Law and Jurisdiction

19.1 These Terms of Sale are governed by English law. This means that a contract between you and us for the purchase of Goods made through our website and any dispute, controversy, proceeding or claim arising out of or in connection with our contract with you will be governed by English law.

19.2 Any disputes, controversies, proceedings or claims arising out of or in connection with our contract with you (whether of a contractual or tortious nature or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

20. Notices

20.1 All notices given by you to us must be emailed to info@pampae.com.

20.2 We may give notice to you to the e-mail or postal address provided to us when placing an order.

20.3 Notice 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 a letter is posted.

If you have any queries regarding our Terms of Sale, please contact us at info@pampae.com.

Last updated: 28 November 2020

 

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TERMS OF USE

Please read these terms of use (“Terms of Use”) before using our website www.pampae.com (“our website”). By using our website, you agree to these Terms of Use.

1. About Us

Our website is operated by Pampae Ltd, a company registered in England and Wales with registered company number [company number] (“we”, “our” and “us”). Our registered address is at 26-27 Queens Gate Gardens, London, United Kingdom, SW7 5RP.

2. Orders

Contracts for the supply of goods formed through our website are governed by our Terms of Sale.

3. Information about you

We process personal data provided by you, or collected by us, in accordance with our Privacy Policy.

4. Acceptable use

4.1 When using our website, you must not:

  • provide any false information when placing your order;
  • take another person’s identity without that person’s permission;
  • misrepresent that you are acting on behalf of a person or entity;
  • send any information or commentary about another person which is untrue, private, confidential or defamatory;
  • use our website if we have banned or suspended you from using it;
  • misuse, modify, interfere, intercept, disrupt or hack our website;
  • introduce viruses, Trojans, worms, logic bombs or other similar material into our website or otherwise undertake any action that would harm our website or the experience of users of our website;
  • circumvent, disable or otherwise interfere with any security-related features of our website or features that prevent or restrict use or copying of the content accessible via our website;
  • send junk, spam or repetitive messages or any content that is abusive, threatening, obscene, untrue, shocking or offensive;
  • abuse, harm or bully a member of our staff;
  • collect any data from our website; or
  • engage in any illegal or unlawful conduct.

4.2 Failure to comply with clause 4.1 above constitutes a serious breach of these Terms of Use and may result in our taking all or any of the following actions without notice:

  • immediate, temporary or permanent withdrawal of your right to use our website;
  • issue of a warning to you;
  • legal action against your including proceedings for reimbursement of all costs (including reasonable administrative and legal costs) resulting from the breach; or
  • disclosure of such information to law enforcement authorities as we reasonably feel necessary,

 or any other action we reasonably deem appropriate.

5. Notice

5.1 If you believe that content available through our website infringes your rights or any rights of a third party you represent or otherwise breaches clause 4.1 above, please let us know immediately by contacting us at info@pampae.com.

5.2 When reporting content, please provide:

  •  your name and contact details; and
  • a statement explaining whether you believe that the content you are contacting us about:
    • infringes your rights;
    • infringes the rights of a third party who you represent; or
    • breaches clause 4.1 above.

5.3 We will take the course of action we reasonably deem appropriate, including taking no action where we believe the reported content does not infringe any rights or clause 4.1 above. We are not obliged to discuss or inform you about our chosen course of action.

6. Limited licence

6.1 We are the owner or the licensee of all intellectual property rights in our website and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

6.2 We grant you permission to access our website for your personal use only. Any other use of our website or our website’s content is prohibited, including:

  • making commercial use of our website’s content;
  • reproducing the Pampae name, logo, trademarks or any other content available on our site; and
  • downloading or copying any of our site content for yourself or a third party.

7. Liability

7.1 Access to our website is permitted on a temporary basis. We reserve the right to limit or withdraw access to our website at any time without any notice. We will not be liable for any unavailability of our website at any time or for any period.

7.2 Although we have taken care in preparing our website’s content, we will not be responsible for any errors or omissions or for any technical problems you may experience with our website. If we are informed of any inaccuracies in our website’s content, we will use reasonable endeavours to correct this as soon as reasonably practicable.

7.3 Although we have taken care in ensuring the accuracy of information and material on our website, the information and material on our website is presented without any guarantees, conditions or warranties of any kind and the website is made available to you on an ‘as is’ basis. We will not be responsible for anything that occurs from your reliance on our website’s content.

7.4 All warranties, conditions and other terms which might otherwise be implied by statute, common law or the law of equity are excluded to the fullest extent permitted by applicable law.

7.5 We will not be liable for any loss or damage of any kind (whether direct, indirect or consequential and whether caused by tort (including negligence), breach of contract, breach of statutory or otherwise (even if foreseeable)) arising from or in connection with any use of, inability to use or the results of the use of our website or the information presented on it, including:

  • loss of income or revenue;
  • loss of business or business opportunity;
  • business interruption;
  • loss of profit or contracts;
  • loss of anticipated savings;
  • loss of goodwill;
  • loss of data; and
  • waste of management or office time.

7.6 Nothing in these Terms of Use excludes or limits our liability for:

  • death or personal injury caused by our negligence;
  • defective products under the Consumer Protection Act 1987;
  • any liability imposed under the Consumer Rights Act 2015 that is not permitted to be excluded or restricted under section 31 of the Consumer Rights Act 2015;
  • fraud or fraudulent misrepresentation; or
  • any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

7.7 These Terms of Use do not affect your statutory rights.

8. Linking

8.1 Links to third party websites on our website are provided solely for your convenience. We do not control, and are not responsible for, these websites, their content or their availability. We do not endorse, or make representations about them, or any material on them. Accessing third party websites from our site is done entirely at your own risk.

8.2 You may only establish a link to our website if you do so in a way that is fair, 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 agree to remove any link to our website on a website owned or controlled by you on receipt of a request from us.

8.3 If you wish to make any use of material on our website other than that set out above, please address your request to info@pampae.com.

9. Updates

We reserve the right to amend or update these Terms of Use at any time and for any reason.

10. Severability

If any provision in these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, such provision will, to the extent that it is invalid, illegal, void or unenforceable, be severed from the remaining provisions in these Terms of Use which will remain in full force and effect.

11. Governing Law and Jurisdiction

11.1 These Terms of Use are governed by English law.

11.2 Any disputes, controversies, proceedings or claims arising out of or in connection with our contract with you (whether of a contractual or tortious nature or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

If you have any queries regarding our Terms of Use, please contact us at info@pampae.com.

Last updated: 28 November 2020

 

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