Terms & Conditions
These terms apply to any purchases you make on our website at www.pearlandpalm.co.uk. Please read them carefully before you place any orders on our website, as they set out important information about your rights, and our rights and obligations.
You must agree to these terms before you place your order.
You must be at least 18 years old and a resident of the UK to place an order on our website.
Please read clause 15 (Our responsibility to you) particularly carefully, as it sets out important limits and exclusions of our liability to you.
1.1 We are Pearl & Palm Limited, a company registered in England and Wales under company number: 16129154. Our registered office is at: 23 Rectory Road, Nottingham, Nottinghamshire NG2 6BE.
2.1 You can contact us by email at: hello@pearlandpalm.co.uk .
3.1 Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to Pearl & Palm Limited, and any reference to ‘you’ or ‘your’ is to the person placing an order on our website.
3.2 We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.
3.3 Please print out or save a copy of these terms and any emails from us for your records.
4.1 Please check your order carefully and correct any errors before you submit it to us.
4.2 After you place your order, we will send you an acknowledgment email to let you know that we have received your order. This does not mean that your order has been accepted by us. Your order is an offer to buy products from us on these terms.
4.3 We accept your order when we dispatch your order to you, at which point a legally binding contract is formed between you and us on these terms. We will send you a shipping confirmation email to let you know once we have dispatched your order.
4.4 If we do not accept your order, for example because we have been unable to pre-authorise the payment, the products are unavailable, or you are under 18 or live outside the UK, or there has been a mistake regarding the pricing or description of the products, we will email you using the details you provided when you placed your order. We have the right to reject any order for any reason.
5.1 All orders are subject to availability. We cannot guarantee that any product will be available at any given time. In certain circumstances beyond our reasonable control, for example where there has been a change in the law, we may need to stop selling certain products. If this happens and it affects your order, we will notify you by email, cancel your order and provide you with a full refund (including any delivery costs) if we have already taken payment.
6.1 Descriptions of the products are set out on our website.
6.2 Please read the product descriptions carefully. Pictures and images of the products on our website are for illustration purposes only. The products may vary slightly from those pictures or images.
6.3 We cannot guarantee that the colours displayed on your device will match exactly the appearance of the products. The colours of the products displayed on our website may vary depending on what device you are using and your settings.
6.4 All sizes and measurements set out on our website are as accurate as possible but there may be a small tolerance of difference.
7.1 You must use the products only for domestic and personal use. You must not use the products for commercial, business or resale purposes.
8.1 Prices for the products are set out on our website. All prices are in pounds sterling (£)(GBP) (and include any VAT at the applicable rate) but exclude delivery charges. Information on delivery options and costs is also set out on our website.
8.2 We may change the prices for the products and delivery charges at any time. Except as set out in clause 9.3 below, such changes will not affect existing orders.
8.3 If there has been an error on the website regarding the pricing of any of the products and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.
9.1 We accept all major credit and debit cards. All credit card and debit card payments need to be authorised by the relevant card issuer.
9.2 We will take payment from your card when your order is placed. If the payment is unsuccessful, we will try to contact you using the contact details you provided when you placed your order. If we are unable to contact you, we will cancel your order and notify you by email.
10.1 Information on delivery options and costs are set out on our website. We will give you available delivery options to choose from when you place your order.
10.2 We expect to deliver your order within the delivery period specified, depending on the delivery option you chose when you placed your order (and will do all that we reasonably can to do so). But any delivery dates stated during the order process, or in your order acknowledgment or shipping confirmation emails, are estimates, unless we have agreed a specific delivery date with you.
10.3 If your delivery is delayed, we will email you to let you know as soon as reasonably possible. But we are not liable to you for any losses you incur if delivery is delayed because of circumstances beyond our reasonable control (including by way of example only, because of severe weather, accidents or unpredictable traffic delays).
11.1 We will deliver your order to the address you specified when you placed your order.
11.2 Please examine the products as soon as reasonably possible after delivery and notify us of any fault or damage as soon as reasonably possible.
11.3 Once we have delivered your order to your address or in accordance with the delivery instructions you provided to us, the ‘risk’ in the products passes to you and the products are classed as having been ‘delivered’. This means that you are responsible for the products and we are not liable to you if the products are stolen or damaged after they have been delivered. This does not affect your legal rights if the products are faulty or misdescribed. Ownership of the products passes to you once you have paid for them in full.
12.1 You have 14 days from the date the products are delivered to change your mind and cancel your order for any reason. This does not apply if the hygiene sticker has been removed.
12.2 Remember, you must try on swimwear over underwear and the hygiene sticker must remain intact. We will not accept returns of any products showing signs of wear, washing, deodorant, tanning products, makeup or scent or similar.
12.3 If you wish to return your order, or part of it, you must do so within 14 days of receipt to Pearl & Palm, PO Box 11456, Nottingham, NG8 9SN. We will include a returns form and returns address label in each of our shipments for you to use. We recommend that you get proof of postage. Your order will be refunded once we have received your returned items.
12.4 You must return products to us in a new and unused condition (i.e. unworn and unwashed with the hygiene sticker fully intact and in place) in their original packaging. All original tags must be attached.
12.5 Unless the products are faulty or misdescribed, you are responsible for the cost of returning the products to us. For more information on how to return products to us, see the ‘Delivery & Returns’ section of our website.
12.6 For approved returns, we will provide you with a full refund within 14 days from the day we receive your returned items.
12.7 We will issue your refund to the same payment method you used when you placed your order.
13.1 The products that we provide to you must be as described, fit for purpose and of satisfactory quality. We are under a legal duty to supply products that are in conformity with our contract with you. If the products delivered are faulty or misdescribed, please contact us as soon as reasonably possible.
13.2 For more information on your rights, you could view the Citizens Advice website at www.citizensadvice.org.uk or call them on 0808 223 1133.
14.1 We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.
15.1 If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur as a result of something we did (or failed to do).
15.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
15.3 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
16.1 We will deal with any personal information that you provide to us in line with our Privacy Notice, available on our website. The notice explains what information we collect and hold about you, and how we collect, store, use and share such information.
17.1 No one other than us or you has any right to enforce any of these terms.
18.1 We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
18.2 You are not allowed to transfer your rights under these terms to anyone without our prior written consent.
19.1 If you are unhappy with us or the products you ordered, please contact us by email at: hello@pearlandpalm.co.uk.
20.1 If for any reason any provision in these terms is held to be unenforceable for any reason, the unenforceability shall not affect the remaining provisions in the terms and conditions, but such provision shall be fully severable and this agreement shall be constructed and enforced as if the unenforceable provision had never been included.
21 Governing law and jurisdiction
21.1 The laws of England and Wales apply to these terms, although if you are resident elsewhere in the UK you will retain the benefit of any mandatory protections given to you by the laws of that country.
21.2 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
