These Terms of Service apply to all dealings we may have with you, including any orders and purchases made with us made by any means, and to the entire contents of our Website under the domain name www.pearls.co.uk (our "Website"). Please read them carefully, as by choosing to deal with us and by using our Website you agree to these Terms of Service, our Refund policy, our Privacy policy and Our Cookies Policy.
If you do not agree to these Terms of Service, or our Refund policy, or our Privacy policy, or our Cookies Policy, you may not place an order with us, use our Website and may not register as a Coleman Douglas Pearls client.
We may update these Terms of Service at any time, so please check them periodically, as all changes will be binding for new dealings with us following the change.
All rights not expressly granted in these Terms of Service are reserved.
You are the person with whom we are dealing (“you”, our “client”).
We are CD Pearls Limited, registered under company number 12072923 with our registered office at 19-20 Bourne Court, Southend Road, Woodford Green, Essex IG8 8HD, United Kingdom ("we", "us" or "our" as appropriate in the context).
Our principal place of business is V312 Vox Studios, 1-45 Durham Street, Vauxhall, London SE11 5JH, United Kingdom (our “Studio”).
Registration and security
You must be 18 or over to register an account with Coleman Douglas Pearls and purchase goods from our Website. Please ensure that the details you provide upon registration are accurate and complete. If there are any changes to the information you provided to us when registering, please notify us as soon as possible so that we maintain the accuracy of your personal details.
We reserve the right to decline a new client registration or suspend or cancel a client's account at any time at our sole discretion, and we reserve the right to terminate your access to all or part of our services at any time without notice.
Use of our Website
You agree that the information you provide when you register on our Website is not misleading, and is true and accurate in all respects and you will notify us of any changes to that information.
These Terms of Service do not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country/region (if any).
We may change, withdraw, or suspend access to our Website (in whole or part and permanently or temporarily) with or without notice and with no liability to you.
Our Website may include links to other websites or resources ("Links”). We have no control over the content of Links and you agree that, should you access a Link using a link from our Website, we are not responsible for the availability of the Link, and are liable in any way for the content of Links, including (without limitation) any goods or services available from such Links other advertising or content on such Links or the use that such Links make of your personal information. Furthermore we will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Links or the content thereon.
We may deny you access to our Website at any time in our sole discretion. Examples of when we may deny you access include but are not limited to where we believe that your use of our Website is in violation of any of these Terms of Service, any law or the rights of any third party or was not respectful to others.
Any material that you upload to our Website for publication will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy, we will notify you of any such disclosure unless such disclosure is legally forbidden.
We will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of our Website and you hereby agree to be responsible to us for, and indemnify us and keep us indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by us as a result of any claim in respect of your use of our Website.
We have the right to remove any material or posting you make on our Website in our sole discretion.
Purchase of products
All information we provide to you on our Website or in other ways is an invitation to treat only and is not an offer or unilateral contract. You agree that any order you send us is an offer to purchase the products listed in your order (“Products”) from us. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason whatsoever without liability to you, unless we are not permitted to do so under statutory law.
Examples of when we may not accept your order are as follows:
If Products are shown on our Website but are not available or are incorrectly priced or otherwise incorrectly described;
If we are unable to obtain authorisation of your payment;
If you order multiple quantities of an individual Product where such Products are to be shipped to more than one client or delivery address;
If shipping restrictions may apply to a Product; or
If the delivery address you give is the address of an entity or individual providing freight forwarding services; or
If the delivery address you have provided is not a valid shipping address.
After submitting an order to us, we will send you an order acknowledgement e-mail with your order number and details of the Products you have ordered from us. Please note that this e-mail is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of a contract of sale of the Products between us and you will not take place unless and until (i) we have sent you an e-mail confirming that the Products have been dispatched or (ii) in the event that you have elected to collect the Products from our Studio (where the service is available), we have sent you an e-mail confirming that the Products are available for collection.
After entering into the contract of sale, we will be under a legal duty to supply you with goods that are in conformity with the contract.
In the event prolonged inactivity causes your connection to our Website to fail, your selection of Product may be lost. In such case, you will be required to re-enter your selection. Items in your shopping basket and on any Wishlist are not reserved and may be purchased by other clients.
Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.
You will be charged for Products as part of our Website check-out process.
Item availability, prices and delivery options will vary depending on the shipping destination.
Variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view our Website may mean that the colours, measurements, and designs of the Products displayed on our Website and the Products delivered to you may differ in appearance in minor respects. We are not responsible for any such differences.
We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing freight forwarding services. In the event that we do accept any order and we subsequently become aware that the corresponding delivery address for such order is that of an entity or individual providing freight forwarding services, we shall be entitled to cancel such order upon notice to you by e-mail or telephone.
Prices
All prices of Products listed on our Website in the currency indicated are the price for the Products only. They include any VAT or other sales tax payable (unless otherwise specified) on Products levied by law on Products supplied from England.
You are responsible for paying any import duties, sales taxes or similar charges made on the import of Products for personal use.
Prices do not include the charge for delivery, if any. The costs of shipping are shown in the Shopping Cart as part of the check-out process.
We endeavour to ensure that all pricing information on our Website is correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product's correct price is lower than the price stated on our Website, subject to our right to refuse an order pursuant to Clause 18, we will charge the lower amount and send you the Product. If a Product's correct price is higher than the price stated on our Website, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price. If we have taken an advance payment in circumstances where pricing information is incorrect, we shall endeavour to refund the payment taken as soon as possible if the Product has not been shipped.
We may vary the prices of Products listed on our Website at any time and without any notice but such changes will not apply to Products in respect of which you have been sent an Order Confirmation.
Please note that in some countries/regions additional duties may be payable to your local tax authorities on receipt of your delivery. Unless expressly specified otherwise, you will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country/region for which the Products are destined. We will not be liable for any breach by you of any such laws.
Payment arrangements
Payment will be taken as part of your shopping cart check-out process. The payment methods that we accept, and details of when an order will be indicated as part of the check-out process. We reserve the right to change the payment methods we accept at any time.
We accept payment in the payment currency specified by our Website during the check-out process.
You confirm that the credit/debit card or payment method that you are using is yours and that all details you provide to us, including name and address details, are complete, correct and accurate. You further confirm that the credit/debit card is valid and the inputted payment details are correct. All credit/debit cardholders and payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorise payment we will not accept your order, and we will not be liable for any delay or non-delivery; we are not obliged to inform you of the reason for the refusal.
We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or another method of payment from our location in the United Kingdom.
If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on our Website, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider. We shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency to the currency of your purchase as displayed on our Website.
Invoicing
Where you request, or we elect, or are required by applicable law to issue or make available an invoice, we will issue or make available electronic invoices, and you agree to such form of invoicing.
Delivery, title and risk
Deliveries are made in accordance with our Shipping policy.
We are only able to deliver to a valid shipping address provided in your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Changes to the shipping address are not permitted once your order has been placed. Please note that we do not deliver to PO boxes. We reserve the right to limit the locations to which Products are shipped.
When you have selected your preferred delivery method and provided your order has been accepted by us, we will process your order. Delivery times will depend on the method of shipping you choose. Orders received after any “cut off” or “last order” time or received on a day which is not a working day (that is any day on which the banks are open for business in London which is not a Saturday or a Sunday, will be processed on the next working day).
Title in the Products will pass to you on the later of:
The date on which we receive payment in full for such Products; and
The date and time of collection of such Products from our Studio in Vox Studios.
Once a Product has been received by you all risk of damage to, or loss of, the Product shall pass to you.
We shall be entitled to supply the Products in instalments and each instalment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.
Cancellation and returns
Should you wish to cancel or return any Products, you may only do so in accordance with our Refund policy. Our Refund policy does not affect your statutory rights as a consumer (including, where applicable, your rights under applicable distance selling legislation or e-commerce regulations in the territory to which the Product is shipped (Regulations”). For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country/region (if any).
Where you return a Product under the Regulations we will issue you with a full refund but you will need to return the Product at your own cost (if you have already received the Product), unless otherwise specified in our Refund policy. Where you have paid any duties or taxes directly to the relevant authorities on the importation of the Product you wish to return, we shall have no liability in relation to any claim for a refund of such duties or taxes from the authorities regardless of whether or not such a refund is possible.
Age requirements
If you order a Product to which a minimum age requirement applies, by ordering that Product you confirm that you are of the required age. If we reasonably believe that you are not legally entitled to order a Product, we reserve the right to cancel your order.
Intellectual property
The content of our Website is protected by copyright, trademarks, database and other intellectual property rights owned by us or our licensors. You may not use the content of our Website except in accordance with the following clauses 50 through 53.
Your use of our Website
You may retrieve and display the content of our Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print and download extracts from our Website provided that this is for your own use and provided you do not:
Modify documents or related graphics in any way;
Use graphics separately from accompanying text;
Create copies without displaying our copyright and trademark notices;
Reproduce, modify, copy or distribute any of the content of our Website for any purpose without our prior written consent.
You may not use our Website for any of the following purposes:
Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or codes of practice;
Gaining unauthorised access to other computer systems;
Interfering with any other person's use or enjoyment of our Website; or
Engaging in technically harmful behaviour, which includes but is not limited to computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data and other malicious software or harmful data.
We reserve the right to refuse to post material on our Website or to remove material already posted.
You may only scrape our Website on the basis that by doing so you are permitting us to scrape any website owned or controlled by you.
Availability of our Website
We endeavour to ensure our Website is available 24 hours a day, but occasionally your access to our Website may be restricted to allow for repairs, maintenance or the introduction of new facilities or services.
We aim to provide the best service possible, but do not warrant that that our Website will be fault or error free. If you detect a fault, please contact us and we will endeavour to correct the fault as quickly as we can.
Our liability
We try to ensure that all material included on our Website or otherwise relating to your dealings with us is correct and of high quality. However, our Website is provided by us on an "as is" basis without any warranties or guarantees. We do not accept responsibility for any errors, omissions, or for the results obtained from the use of such information or for any technical problems you may experience with our Website or concerning your other dealings with us.
Subject to Clause 58, we shall not be liable for:
Any viruses or other disabling features that affect your access to or use of our Website;
Incompatibility of our Website with any of your equipment, software or telecommunications links;
Delays or failures which you may experience as you conduct any transactions on our Website;
Technical problems including errors or interruptions of our Website;
Unsuitability, unreliability or inaccuracy of our Website, or the inadequacy of our Website to meet your requirements;
Consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to our Website or concerning your other dealings with us.
Nothing in these Terms of Service shall exclude or limit our liability for:
Death or personal injury caused by our negligence; or
Fraud or fraudulent misrepresentation by us; or
Any liability which we cannot exclude or limit by law.
Indemnity
You agree to indemnify and hold us harmless from all liabilities, claims and expenses that arise out of:
The content you submit, post or transmit via our Website; or
Your use or misuse of our Website; or
That arise from your other dealings with us, or
Your breach of these Terms of Service.
Miscellaneous
The delay or failure of either party to exercise rights provided for in these Terms of Service shall not be deemed a waiver of any further rights hereunder.
If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary to enable these Terms of Service to remain in full force and effect.
These Terms of Service shall be governed by and construed in accordance with the laws of England and Wales. You and we agree to submit to the exclusive jurisdiction of the English courts.
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