Terms of Service
If you have any questions about any of our Terms of Service, please contact the team. These terms of service are for our online customers, we have additional terms for Trade orders and orders that would be classed as Business to Business or special order.
ACCEPTANCE OF TERMS
- Please read these Terms and Conditions of Purchase (“Customer Terms”) carefully as use of this service on the worldwide web directed by the URL jacquip.com (the "Website”) and all linked URL's constitutes your acceptance of these Terms.
- We may update these Customer Terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Customer Terms periodically for changes. By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use the Services or any part of them.
- If you have any questions about any of our Terms of Service, please contact the team. These Customer Terms of service are for our online customers, we have additional terms for Trade orders and orders that would be classed as Business to Business or special order.
PLACING AN ORDER
By placing an order with us you will be deemed to have read, understood and agreed to these Customer Terms. If you are unhappy with any aspect of these, then you should contact us before placing an order with us.
The Website is operated by us, Jacqui Pearce Crafts. Our registered office address is 2/4 Ash Lane, Rustington, West Sussex BN16 3BZ
USE OF THE SITE
- We endeavour to ensure that the Website is accessible 24 hours a day. However, we will not be liable for any losses that you may suffer if the Website is unavailable at any time or for any period or your access to the Website is interrupted, restricted or delayed for any reason. Please note that access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any reasons beyond our control.
- By placing an order through the Website, you warrant to us that you are: (a) legally capable of entering into binding contracts; and (b) 18 years of age or over.
- The Website and these Terms have been designed for use within the UK. Whilst we are happy to consider requests for orders from outside of the UK, we give no warranty, express or implied, that your use of the Website or the placing of any order through the Website complies with the laws and regulations of any jurisdiction other than the law of England and Wales. If you are located outside of the UK, no liability for Non-UK laws or regulations is offered at any time.
- We offer secure on-line transactions. You can select Goods from the Website and add them to your shopping basket. You can monitor your spending by checking the details displayed on your screen at any time.
- When you have finished putting items in your basket you should proceed to the checkout page where you are able to review your selection and delete items if desired.
- To proceed with your order we will ask you for details including your name, e-mail address, and postal address. These details are required in order to process your order and/or to inform you of our acceptance of your order.
- We may, unless you request otherwise, provide your phone number to our couriers for their use in arranging delivery of your order.
- Please note that when you decide to purchase goods and/or services the resulting legal contract is between you and us and such contract shall compromise of these Customer Terms, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions.
- You should carefully review the Customer Terms, the email confirmation of your order and the applicable details on the product page and delivery page in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency.
- The prices payable for Goods that you order are as set out on the Website.
- All prices displayed are inclusive of VAT where applicable.
- You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed may vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered.
- You may be requested to pay extra for delivery and it might not be possible for us to deliver to some locations
- Prices are liable to change at any time, but changes will not affect orders already dispatched.
- The Website contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on the Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the Goods’ correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
- We are under no obligation to provide the Goods to you at the incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as mis-pricing.
- For delivery destinations within the EU prices include VAT or other sales taxes where applicable. For delivery destinations outside the EU, prices do not include VAT or other sales taxes.
- Purchases for goods and/or services you make may only be paid for using the payment methods we make available from time to time through our payment facility. Payment is taken at point of purchase.
- You can pay online using our secure Internet Merchant Account (“IMA”). If you choose to pay using this method, you will be automatically redirected to the IMA website during the checkout stages of the Website. We do not hold any details of your cards ourselves and accept no liability for the services provided by our independent IMA
- You acknowledge that these Customer Terms, and/or any transaction made by you via pearlandearl.com, do not create or imply any partnership, joint venture or trust relationship between us and you.
- If you order Goods from our site for delivery to an address outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. 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 you order with us.
- 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.
- All items are subject to availability. We will inform you as soon as possible if the Goods you have ordered are not available. Time will not be of the essence
- If the Goods you have ordered are unavailable we will refund all monies paid by you in connection with those Goods.
DESCRIPTION OF GOODS
- All descriptions of Goods are displayed and given in good faith by us, however the colours and description of fabric and products given are a guide only and may vary slightly.
- We make every effort to display as accurately as possible the colours and description of the Goods that appear on the Website, however, as the actual colours you see will depend on your computer monitor, we cannot guarantee that your computer monitor's colour display will accurately reflect the colour of the Goods on delivery.
- We do not in any circumstances accept responsibility for the accuracy or otherwise of the advertisement nor is any kind of warranty expressed or implied by such publication.
- We reserve the right to select and use multiple suppliers of goods on our site and as such variances may apply from time to time.
HOW CONTRACTS ARE FORMED
- By proceeding through the checkout stages of the Website you are making an offer to us to purchase the Goods. After you have placed an order with us for the purchase of Goods, you will receive an e-mail from us acknowledging that we have received your order.
- Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Customer Terms and the applicable details on the product page.
- The contract between you and us will relate only to those goods and/or services notified in the email acknowledgement of order.
- The contract will expire upon dispatch of goods or upon cancellation or refund, whichever is the soonest.
DELIVERY AND POSTAGE
- If you pay online you will receive an electronic receipt of your purchase (in the form of an e-mail), with your reference number against each purchase. You should quote that order reference number in case of queries.
- Goods will be sent to the address given by you in your order. If you supply an incorrect address we will not be held liable for any redelivery or non delivery of goods.
- Goods will not be dispatched for delivery by us until we have received full payment for the goods, including any applicable VAT and delivery charges, in cleared funds.
- Orders received through the Website for delivery to UK addresses will usually be processed and dispatched within two (2) to thirty (30) days, subject to availability of the Goods.
- Orders will normally be delivered within seven (7) working days of your order being placed (this is approximate), unless otherwise stated in our online estimated delivery timescales. In the event that delivery of your order is delayed due to unforeseen circumstances we shall contact you by e-mail or by telephone to advise you of the revised delivery date for your Goods. Time shall not be of the essence. You should anticipate a longer delivery period where delivery periods incorporate public holidays or during peak seasonal times.
- Custom, Personalised or Framed items or those where we use a third party service are normally delivered within thirty (30) days of your order being placed, however this may take longer or less time depending on the workload at the time or the product. For example bespoke homewares can take up to 8 weeks, bespoke commissions can take up to 12 weeks. In the event that your order is delayed we will endeavour to contact you to let you know. Time shall not be of the essence.
- We may offer an express delivery service (“Express Delivery”) for orders for delivery within the mainland UK. This option can be selected when you proceed through the checkout stages of the Website if available. Express Delivery orders will normally be dispatched within 24 hours if your order is placed on a Monday, Tuesday, Wednesday, Thursday or Friday that is not a public holiday (“a Business Day”), subject to availability of the Goods and current order cut off times. Orders not placed within the cut off time on a Business Day will normally be dispatched within 48 hours of the next Business Day. Time shall not be of the essence.
- We will incorporate an Express Delivery charge where applicable if your order is placed on a Monday, Tuesday Wednesday or Thursday. Saturday delivery is a non standard express service and there is an additional charge.
- For delivery to addresses outside of the mainland UK delivery charges are available are advertised, and any quoted on the site may be subject to change according to destination and products ordered. To avoid any doubt, please contact us in writing for details prior to placing your order.
- If you fail to accept delivery of any Goods when we attempt to deliver them, or if we are unable to deliver any Goods to you because you have failed to provide any relevant information, instructions, documents and/or licences, risk in the relevant Goods shall pass to you in accordance with Customer Terms, the Goods shall be deemed to have been delivered to you and, at our sole discretion, we may store the Goods until they can be successfully delivered to you, whereupon you will become liable for costs and expenses related to that storage (including but not limited to storage and insurance costs) plus any additional redelivery costs.
- Please note that the post office and couriers are required to deliver to an address and not a name. So it is your responsibility to ensure that there is a location that will not be signed for by another person. We will not be liable for the loss of these goods.
- Please refer to our current advertised Delivery policy page on the site, as different services are available at different times and the current services to your destination and their prices and limitations are advertised on the site within our current delivery policy and on the check out page. We reserve the right to change these at any time without notice.
- At no point are we liable for compensation for failure to deliver within timescales quoted.
CANCELLATION BY US
- We reserve the right to cancel the contract at our discretion. We will notify you of such cancellation and refund any payment taken in full to the original method of payment.
- If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible but in any event within thirty (30) days.
- We will not be obliged to offer any compensation in respect of this cancellation.
RETURNS & REFUNDS
- You may return goods which are returnable in line with our current returns policy. This does not affect your statutory consumer rights.
- Please note that all returns of Goods are made at your own cost and risk until they are returned safely to us. Therefore, we strongly recommend that UK customers send the Goods by Royal Mail Special Delivery or some other form of insured postage. Please retain your shipping or posting documentation so that we can complete your request in the event of items being lost in transit.
- If you return a Product for any other reason, we will examine the item and notify you of any action via email within a reasonable period. Time will not be of the essence.
- Refunds will be processed within 30 days of the day you inform us you wish to return the Product. Except if exercising your right to cancel, shipping and handling charges paid on your original shipment are not refundable when you use our returns by mail. Please note it can take up to 14 (fourteen) days for this payment to be processed with the bank and this is out of timeline of our processing.
- All refunds, including Product(s) received as a gift, will be made to the original form of payment.
- If you have requested a refund, or a replacement of a lower value than the returned goods, a refund will be credited back to the payment card used to pay for the original order. We will let you know as soon as the refund has been processed.
- If you have requested a replacement of a higher value, any difference due to us will be invoiced and we will seek payment prior to processing.
- We reserve the right to deduct funds for diminished goods
- We reserve the right to refuse refunds outside of our policy and / or offer alternatives to the customer at our discretion
- This term does not affect your statutory rights.
CANCELLATION BY YOU
- Should you wish to cancel your order you may notifying us in writing by emailing firstname.lastname@example.org with your Name, Order Number, Email and Address you ordered under within 14 days of placing your order explaining that you are CANCELLING your order. Or you can use the form which is HERE. If your item is in the process of being processed we reserve the right to charge for any part services rendered, or refuse cancellation if a non cancellable item.
- If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
- To request cancellation of your contract after dispatch, you must notify us in writing to email@example.com using the form HERE and return the Goods to us immediately within 14 days of receipt. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we have the right to apply charge for diminished goods and/or reject your request for cancellation.
- The right to terminate and cancel shall not apply to contracts for Goods made to your specifications or goods included in our non-cancellable items: for the avoidance of doubt this shall include but is not limited to custom, personalised and bespoke items and services. This process is deemed to start immediately upon placement of contract.
- Should the Goods we deliver be faulty or damaged, you should notify us of this in writing to firstname.lastname@example.org within five (5) days of receipt and return the Goods to us promptly. The Goods will be faulty only where: they do not correspond with the design selected; they are not made to the requirements you specified in your order, if applicable;there is a manufacturing fault or hidden defect, which was present at the time of delivery.
- Goods are not faulty if they become damaged or faulty because of wear and tear, misuse or accidental damage. Please note that we check the quality and workmanship of all Goods very carefully prior to dispatch. We bear no responsibility for damage to balloons whilst being inflated or used.
- Products returned as a result of a defect will be refunded in full, including delivery charges for sending them to you and the cost incurred by you in returning them to us. Please ensure you contact our team first about this and if necessary return these to us as soon as possible, indicating what the defect is in the specified manner on the invoice. We may ask for photographs in lieu of product as part of this process and these photographs will become our property to use as we see fit.
- We reserve the right to refuse to accept returned Goods not in their original condition, at our sole discretion. We furthermore reserve the right to deduct costs of diminished goods or services rendered.
- If the Goods we deliver are not what you ordered or are damaged or faulty or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing of the problem within five (5) working days of the delivery of the Goods in question.
- If you do not receive Goods ordered by you within thirty (30) days of the date on which you ordered them, we shall have no liability to you unless you notify us of the problem in writing at our contact address within forty (40) days of the date on which you ordered the Goods.
- If you notify a problem to us, our only obligation will be, at your option: to make good any shortage or non-delivery; to replace or repair any Goods that are damaged or faulty; or to refund to you the amount paid by you for the Goods in question in whatever way we choose.
- Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods in question at point of purchase.
- You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from the Website. The importation or exportation of certain of our Goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.
- Notwithstanding the foregoing, nothing in these Terms is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights.
- We will not be liable to you for any loss or damage to the goods whilst in use by you and we shall have no liability to pay any money to you by way of compensation for consequential loss or damage to the goods or any third party whilst being used by you.
Disclaimer of Warranties and limitation of liability
- To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.
- The Site is provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.
- You use the site and any downloads at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the site.
- Neither we nor our licensors are liable to you or any user for any use or misuse of the site. Such limitation: (a) includes direct damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (b) includes indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (c) applies whether damages arise from use or misuse of and reliance on this site, from inability to use the site, or from the interruption, suspension or termination of the site (including any damages incurred by third parties).
Intellectual Property Rights
- We are the owner of the trademarked name Pearl and Earl and Jacqui Pearce and of all intellectual property rights on the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world, in accordance with Copyright, Designs and Patents Act 1988 of the United Kingdom and International Copyright Standards. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any text, illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.
- You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors. For the avoidance of doubt, this means that you must not use any images or materials from the Website, or copy or distribute or share any text, poem, artwork or patterns purchased from us.
- You must not use any part of the materials on the Website for publication or broadcast without obtaining our permission to do so.
- Jacqui Pearce exercises her moral rights to be identified as the author of the text and all designs on this site, they are licensed to Pearl and Earl Ltd and any other use needs express permission of the author or her licensee.
The risk of loss or damage to the Goods shall pass to you upon delivery of the Goods to the address specified in your order.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, 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 the 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 Term does not affect your statutory rights.
- All notices given by you to us (including any complaints that you may have) should be sent in writing by post to Jacqui P Crafts, The Barn, Pentre Fothan, LD2 3JF or via email email@example.com
- We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways we have been given to communicate with you.
- Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or two days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- The contract is binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of your contract with us, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of your contract with us, or any of our rights or obligations arising under it, at any time during the term of the contract, including due to an asset or business sale of Pearl and Earl Limited or any rights owned by Jacqui Pearce
- 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 (a "Force Majeure Event").
- Where we are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our reasonable control including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, shortage of labour or materials; the impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; non-performance of third parties; loss of or fluctuations in heat, light or air conditioning; the impossibility of the use of public or private telecommunications networks; or the acts, decrees, legislation, regulations or restrictions of any government or foreign courts or tribunals, or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials from our suppliers then either our (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
- Our performance under any contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
- If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
- These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter.
- Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them.
- Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.
- A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract.