Terms & Conditions
Petite Affair Limited Terms and Conditions of Sale and Website Use
| 1 |
Introduction |
| 1.1 |
Please read these Terms and Conditions carefully before using the website operated by us. In particular, we draw your attention to paragraphs 9 (Online Materials) and 12 (Liability). |
| 1.2 |
These Terms and Conditions are available in English only. |
| 1.3 |
By using or accessing our website, you agree to be legally bound by these Terms and Conditions as they apply to your use of or access to our website. |
| 1.4 |
If you do not wish to be bound by these Terms and Conditions then you may not use our website. |
| 1.5 |
These Terms and Conditions do not affect your statutory rights. |
| 2 |
Nature of our Website |
| 2.1 |
Our website is a place for you to select and order goods (“the Products”). Details of the Products are, as required by law, shown on our website next to each Product. All Products are subject to availability. Nothing displayed on our website is intended to be a legally binding offer by us to enter into a contract for the sale of goods. When you place your order in accordance with these Terms and Conditions you offer to buy goods from us in accordance with these Terms and Conditions. If you have made any error in entering your details it is important that you inform us immediately by email at info@petiteaffair.com or by telephone on 01275 474484. |
| 2.2 |
Please note that the contents of our website are aimed at users aged 16 years and above, but you must be over 18 years to purchase the Products, using the payment method displayed on our website. |
| 3 |
Buying Products on our Website |
| 3.1 |
To order a product on-line you will need to complete our online Order Form in accordance with these Terms and Conditions. You may also purchase Products by submitting a hard copy order form by post or by calling our sales line on 01275 474484. |
| 3.2 |
Details of the prices for the Products are displayed on our website inclusive of VAT. Package and posting will be charged at an extra £4.95 per delivery unless notified otherwise in the Confirmation. The price of any Product is the price in force at the date and time of your order (“the Price”). The price of any Product may change before you place an order. We try to ensure that the prices displayed on our website are accurate but the price on your order will need to be validated by us on Confirmation (see paragraph 4.2). We will inform you if a Product’s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price. |
| 3.3 |
You undertake that all details you provide to us for the purpose of purchasing the Products will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services. |
| 4 |
Order Process |
| 4.1 |
You must provide the details requested to effect payment for the Product by credit or debit card at the time of the order. We will not charge the Price to your card unless and until we dispatch the Product. |
| 4.2 |
Petite Affair is entitled to refuse any order placed by you. If we can fulfil your order, we will confirm this to you, together with the price to be paid, providing an estimated delivery date for guidance only, by online electronic means or by post (“Confirmation”) to the e-mail address or postal address that you have given us on ordering. There will be a legally binding contract between us and you in accordance with these Terms and Conditions as soon as you receive Confirmation or receive the Products (whichever is the earlier) and for the avoidance of doubt the Postal Rule is excluded from this Agreement. |
| 4.3 |
If we are unable for any reason to supply any Product for which you have received Confirmation, we will inform you as soon as reasonably practicable by telephone, post or e-mail using any of the contact information that you have supplied to us. You agree that we may vary or terminate our agreement with you in respect of the supply of any Product in the manner envisaged by this paragraph 4.3 provided that we do not charge your debit or credit card for the Price in respect of that Product or, if you have already paid the Price in respect of that Product, provided that we refund the same amount to your credit or debit card within 5 days of our informing you of such termination or variation. |
| 4.4 |
The Products remain the property of Petite Affair Limited until your credit or debit card payments have been processed successfully in respect of all monies owing to us by you. If we are unable to process payment by the method envisaged in your order form you must return the Products to us or procure payment of the Price plus a 10% administration fee within 5 banking days of our request. Interest is payable in respect of all late payments at a rate of 4% above Barclays Bank base rate per annum. |
| 4.5 |
You may cancel your order at any time before dispatch of the Products or return any Products you have purchased within 14 days of delivery for any reason (including if you simply change your mind). Your right to return the Products is subject to your following the Returns Procedure set out in paragraph 5 below. If you comply and you have not enjoyed the benefit of the Product prior to expiry of 14 days of delivery you will be entitled to a refund as set out in paragraph 5 below. |
| 5 |
Returns Procedure |
| 5.1 |
If you intend returning any Products to us from within the United Kingdom:
-
you must use the pre-paid returns service provided by us from the Post Office;
-
if we do not receive the Products within 10 days of the date on which you inform us that you have returned the Products, we will contact you to ask that you send us the proof of posting when you send us any proof of posting, please retain a copy for your own records;
-
if you cannot produce any proof of posting the Goods to us and we do not receive the Products we will not be obliged to refund you the Price of the Products. If you return Products to us from outside the United Kingdom, your right to a refund is subject to safe receipt by us of the Products returned by you. While in your possession, you must keep any Products you intend to return to us in good condition. |
| 6 |
Condition of Products |
| 6.1 |
You agree to inspect the Products thoroughly upon receipt. Notwithstanding paragraphs 4.5 and 5, if:
you should inform us within 14 days of receipt and provided you return the Product to us in accordance with clause 5 we will refund to you the Price paid. |
| 6.2 |
If you have any complaints, you should direct them to us via e-mail at “info@petiteaffair.co.uk” or by post to PO Box 1169, Barrow Gurney, Bristol BS48 2WX. |
| 7 |
Modifications to Website |
| 7.1 |
We reserve the right to alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless stated otherwise, any new features including new content, and/or the sale of new Products shall be subject to these Terms and Conditions. |
| 8 |
Information you Provide |
| 8.1 |
By providing us with information concerning yourself you agree to the processing and disclosure of such information in accordance with our Privacy Policy which forms part of these Terms and Conditions. You should read our Privacy Policy before supplying us with such information. It is available to view here |
| 9 |
Online materials |
| 9.1 |
Unless otherwise stated, text on our website is presented solely for your private, personal and non-commercial use. |
| 9.2 |
We have used our best endeavours to ensure that our website complies with UK law. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. Petite Affair accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK. |
| 10 |
Linking |
| 10.1 |
Petite Affair makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from Petite Affair and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that Petite Affair endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its website administrator or web master. |
| 10.2 |
Any linking to, deep linking to, or extraction from the Petite Affair Site without the written consent of Petite Affair in hard copy with original signature by a director of Petite Affair is strictly prohibited. |
| 10.3 |
Without prejudice to the generality of the foregoing paragraph 10.2 any third party contravening the provisions of paragraph 10.2 shall be liable for liquidated damages to Petite Affair for the aggregate of twice the value of any goods sold as a result of such unauthorised activity and all costs incurred by Petite Affair whatsoever in researching and dealing with the relevant breach of these Terms and Conditions. |
| 11 |
Availability of our Website |
| 11.1 |
We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device. |
| 12 |
LIABILITY – IMPORTANT PLEASE READ CAREFULLY |
| 12.1 |
In relation to the purchase of Products, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Petite Affair or our servants, agents or any other person. |
| 12.2 |
If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence. |
| 12.3 |
Petite Affair makes no warranty in respect of the Products save that the Products are of satisfactory quality and reasonably fit for purpose and expressly disclaims to the fullest extent permitted by law all representations with respect to the Products. |
| 12.4 |
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. |
| 12.5 |
The limitations and exclusions in this paragraph only apply to the extent permitted by applicable law. |
| 13 |
General |
| 13.1 |
We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly. |
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