This page will inform you of the terms and conditions which you are accepting in regards to the products listed on our website www.papillonbeachwear.com when you visit our site and/ or buy a product from us.
Make sure you have full understanding and have read the terms and conditions written on this page before placing an order for any product on our site. Please understand that by ordering any of our products you agree to be bound by these terms and conditions.
If you do not agree to these terms and conditions, you will not, and should not, order any products from our website here at www.papillionbeachwear.com
Your personal data will be used to provide the information, goods and services offered through our website to you, for billing and order fulfillment. If you sign up to our newsletter this information may also be used to contact you; however, you may opt out of this at any point should you wish by emailing us via the 'contact' page.
1. ABOUT US
1.1 We are Papillon Beachwear Limited and are run by those registered in charge of Papillon Beachwear Limited. We are registered in England and Wales under company number 09805769 as Papillon Beachwear Limited.
1.2 Our VAT number is: 224 8332 20.
2. PURCHASING OUTSIDE OF THE UK
2.1 Please ensure that we deliver to you by checking with us via email from the contact page. If we do, we are not responsible for the payment of customs and any extra charges your purchase(s) may incur in order to be delivered. If you are to return an item you must email us before hand and you will also be responsible for any charges placed upon the return, such as: shipping costs, import and customs charges. Please note if you do not agree to this you will not be allowed to return your items and we have the right to refuse your parcel back to Papillon Beachwear.
3. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You have read all the terms and conditions listed on this page
4. CONTRACT FORMATION BETWEEN YOU AND PAPILLON BEACHWEAR
4.1 A contract only exists between us (Papillon Beachwear) and you (the customer) when we have dispatched your item. You will receive an email letting you know of this event. Until this email has been sent Papillon Beachwear and you as the customer have no binding contract with one another. You will receive and email letting you know you have submitted the intent to purchase an item when you have paid for your items and submitted an order. We (Papillon Beachwear) will then send you another email confirming our contract with you letting you know we have dispatched your order and therefore entered into a binding contract with you.
4.2 The contract mentioned above is only in relation to the products specified in the dispatch email. If other products have been ordered the contract only applies once they have been mentioned in a dispatch email also. This can mean you may get more than one parcel for one order.
4.3 The images we use of products, whether it be on this website or in promotional material elsewhere, are examples of products which may mean the item you receive is a slight variant on the item shown in the picture. They are nothing to do with the contract that we (Papillon Beachwear) hold with you the customer.
4.4 We have the right to change prices, specifications and details to do with the product and that will not be part of a contract that we hold with you the consumer.
5. CONSUMER RIGHTS
5.1 If you are contracting as a consumer, you may cancel a contract at any time within seven days, beginning on the day you received the products. In this case, you will receive a full refund of the price paid for the products in accordance with our refunds policy (set out in clause 9 below). This excludes made to order or monogrammed products which cannot be refunded or returned under any circumstances.
5.2 To cancel a contract, you must send us back the items needing to be returned within seven days of receiving them, commencing on the day they were delivered to you. If you are returning products we would advise that you keep evidence of returning the products to us in case they are lost. We cannot refund your payment without either receiving the returned products or your evidence of their return. Upon the situation of the products not being delivered to Papillon Beachwear as a return, if you are to lose the evidence of you returning the products we (Papillon Beachwear) will not be considered liable to refund you or replace your products. You will need to contact the company with whom you made the return in order to resolve the situation.
6. AVAILABILITY AND DELIVERY
6.1 Your order will be despatched as soon as we can - we aim to dispatch within 2 working day of your order being completed but this can vary so we are under no obligation to dispatch within 2 working day. Papillon Beachwear will not dispatch on a weekend or on a bank holiday.
6.2 We may deliver the Products by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract. Each instalment shall be a separate contract.
6.3 If the products you order become unavailable or are out of stock before we can fulfil your order we will let you know as soon as possible and refund you accordingly.
6.4 If you fail to take delivery of the products and they are returned to us, you will be charged an additional administration charge in order for us to have to deal with this.
6.5 Where we offer and you accept free delivery, then delivery will be by Royal Mail 2nd class post. If you choose to accept free delivery, you accept that
(a) delivery is by Royal Mail Signed for 2nd class post only;
(b) proof of postage will be deemed proof of delivery; and
We will not be liable for any non-delivery or for goods lost or damaged in transit as long as we are able to show proof of posting to the delivery address provided by you, the customer.
6.6 For the purposes of clause 6.5, a Royal Mail certificate of posting showing the correct delivery address as supplied by you will be deemed as proof of posting.
6.7 If there is a delay in the delivery of your item we are not responsible for this and are not liable for any disruptions this may cause you.
7.1 The products will be at your risk from the time of dispatch.
7.2 You are the owner of the product once Papillon Beachwear has received full payment and the products have been dispatched.
8. PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a dispatch confirmation. If we have priced the item incorrectly we are under no contract to have to sell you the item at that price and we have the right to change the price of an item at any point until we have dispatched it to you.
8.4 Payment for anything on www.papillonbeachwear.com must be by credit or debit card. We accept payment with Visa Debit, Visa Credit, Visa Electron, Mastercard, Maestro, Solo Card. We will charge your credit or debit card when you place an order with us but before we have accepted the order.
9. REFUND POLICY
9.1 When you return a product to us because you have cancelled the contract between us within the seven day cooling-off period we will process the refund due to you as soon as possible and, in any case, within 14 days of the day we receive your returned products. We will refund the price of the item(s) returned at the cost your purchased them at; however, we will not refund the delivery charges.
9.2 We will refund any money received from you using the same method originally used by you to pay for your purchase if Papillon Beachwear finds it necessary to refund you for a product.
9.3 If we do not accept your order, we will refund the price paid by you as soon as possible.
9.4 We are not responsible for and will not refund any fees or charges imposed by your bank, building society or credit card company for processing any transaction or refund in relation to your order.
10. OUR LIABILITY
10.1 We are the manufacturers for some of our products therefore any issues that arise from our products are not the responsibility of us here at Papillon Beachwear.
10.2 This warranty is in addition to your legal rights in relation to Products which are faulty or which otherwise do not conform with these Terms. Advice about your legal rights is available at your local Citizens Advice Bureau or trading standards office.
10.3 This warranty does not apply to any defect in the products arising from fair wear and tear, wilful damage, accident, negligence by you or a third party, if you use the product in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
10.4 Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the agreement.
10.5 We at Papillon Beachwear are not liable for:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.7 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these terms by us that would entitle you to terminate the contract between us, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time
11. IMPORT DUTY
11.1 If you are located outside of the UK and have ordered products from Papillon Beachwear to be delivered outside of the UK we are not responsible for the payment of any taxes, duties or custom charges you incur as a result of this order. You as the consumer are responsible for all charges after dispatch of the product from us to your address.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be emailed to us. We may give notice to you via the email address you provide to us when making a purchase. Notice will be deemed received and properly served 24 hours after an email is sent.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a contract that is caused by events outside our reasonable control.
15.2 This includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any contract is deemed to be suspended for the period that the situation continues, and we will have an extension of time for performance for the duration of that period.
16. ENTIRE AGREEMENT
16.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17. OUR RIGHT TO CHANGE THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
18. LAW AND JURISDICTION
These terms are governed by English law. Any contract for the purchase of goods from this site and any dispute or claim arising out of or in connection with any such contract will be governed by English law.