TERMS AND CONDITIONS
Welcome to papillonkia.com. By using the Website you agree to be bound by these Terms and Conditions and any Orders placed by you are bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Website.
The Website is provided solely for your personal use. You may not use the Website for any commercial purpose. We reserve the right, at our sole discretion, to change, modify, add, amend or remove any part of these Terms and Conditions from time to time and it is your responsibility to check these Terms and Conditions from time to time for changes. We may modify or withdraw, temporarily or permanently, the Website (or any part of it) and we shall not be liable to you or any third party for any modification to or withdrawal of the Website. If you do not agree to our right to change the Website or the Terms and Conditions from time to time, please do not use the Website.
Please note that these Terms and Conditions do not affect your statutory rights as a consumer.
All text, graphics, photographs, logos, trademarks, artwork, sounds, music, user interfaces, visual interfaces and computer code (the “Content”) belongs to Papillonkia (or is licensed to Papillonkia). This Content includes, but is not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of it. The Content is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without Papillonkias’ prior written permission.
- Product Descriptions on our Website
1.1 We will take all reasonable care to ensure that all Product Descriptions are correct at the time when the relevant information was first entered onto the Website. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product’s images are an accurate representation of the actual merchandise.
- Product Availability
2.1 The Website features Products that have been carefully selected for sale on the Website. Products are subject to availability so once a Product has sold out it will be taken off the Website at the earliest opportunity and may not be available again. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to particular Products may change. If a Product you have ordered goes out of stock before we accept your Order, then Papillonkia shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out of stock Product.
- Pricing Policy
3.1 All Product prices are in pounds (£) sterling and are inclusive of UK value added tax (“VAT”) (where applicable), at the appropriate rate, and are correct at the time that the Product Description was first entered on to the Website. Prices of Products may change from time to time and any promotional discounts or offers may also be withdrawn at any time.
3.2 Although we try to ensure all our Product’s prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product you have ordered we will be unable to accept your Order and shall contact you as soon as possible in order to give the option of either reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced item as cancelled.
- Order process
4.1 Papillonkia takes all reasonable care, in so far as possible, to keep the details of your Order and payment secure, but in the absence of negligence on our part we will not be liable for any loss you may suffer if a third party procures unauthorised access to any Personal Information you provide when accessing or placing an Order on the Website.
4.2 The technical steps to place your Order and create a contract of sale between you and us are, as follows:
a) You place an Order on the Website by pressing the ‘Buy Now’ button at the end of the checkout process. You will be guided through the process of placing an Order by a series of simple instructions on the Website.
b) As your Order is shipped by us we will send you details of tracking via the courier company.
4.3 The contract between you and Papillonkia will be concluded in English and subject to the laws of England and the jurisdiction of the English courts. Title in the Product(s) of your Order (and so risk of loss or damage to such) will pass to you on the later of:
a) the date on which we receive payment in full for the Product(s); or
b) the date and time of collection of delivery by us to your nominated address.
4.4 Non-acceptance of your Order (or parts of your Order) may be due to any one or more of the following non-exhaustive reasons:
- a) A product you ordered is out of stock;
- b) We are unable to obtain authorisation for your payment;
- c) We have identified an error with a Product Description;
- d) You are not eligible to order a Product, as set out in clause 4 above;
- e) There is a system or procurement failure
- Payment and payment methods on the Website
5.1 We only accept payment for Orders in pounds (£) sterling.
5.2 We accept payment for Orders by Paypal or any cards linked to your Paypal Account.
5.3 If you choose to pay for your Order using a payment card with a foreign currency denominated account, the account will still be taken in pounds (£) sterling at the foreign exchange rate applied by your relevant credit card provider or bank at the time of processing your Order. Your international credit card provider or bank will determine the exchange rate and may add an additional processing or administration charge which you will be liable to pay.
5.4 By placing your Order and making an offer to buy a Product, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, to protect you and us from fraud; and to enable us to arrange delivery of your Order to your nominated delivery address.
- VAT and Non-EU Customs
6.1 All Product prices shown on the Website are inclusive of any applicable UK VAT.
6.2 Where you have requested delivery of your Order to an EU country, the total cost of your Order will include UK VAT.
6.3 Where you have requested delivery of your Order to a non-EU country, the total cost of your Order will include UK VAT. All Customs and Admin fees from country’s outside the EU will be met by the buyer.
6.4 You will be the importer for the international delivery of your Order (i.e. any Order delivered to a country other than the UK). Therefore, before placing an Order, it is your responsibility to check that the Products you are planning to import comply with state and federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your Order. If any customs requirements apply or charges are due, you agree to be responsible for these.
- Promotional discounts and gift vouchers
7.1 Any discount, offer or promotional discount offered on the Website is valid only for use as part of a purchase made via the Website, unless otherwise stated and subject to availability.
7.2 A gift voucher cannot be exchanged for cash or refunded.
7.3 If the Products purchased online total less than the value of your gift card, any balance will be left as credit for you on your gift voucher.
7.4 If you want to return Products that you purchased via the Website using either a gift voucher, then if you return the Products, your refund will be placed on another gift voucher. This does not affect your statutory rights.
8.1 You must provide us with complete and accurate delivery address information which is listed on your Paypal Account. We cannot be liable for the delivery of your Order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.
8.2 All parcels will be delivered by DPD or UPS and will require a signature on delivery.
8.3 Please note that delivery of your Order may take longer during sale or other busy periods.
- Cancellations and Returns
9.1 If you decide to return goods:
a) the Buyer must notify the Seller that the goods are to been returned, prior to the item being sent. This notification must be in writing via the website e-mail address. The goods must then be returned within 14 calendar days of original receipt, by a fully insured to the value of the goods, trackable and signed for method, and the tracking number provided to the Seller.
b) the Buyer will be liable for the cost of return shipping inclusive of any Customs Costs incurred, and of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the goods being inadequately packaged by the Buyer or through the Buyer’s fault.
9.2 Once you have received confirmation that your return has been agreed, you must return the goods in their original condition and with all associated packaging, all security tags, at your cost, within 14 working days of their receipt. The goods must be received by the Seller, in the same condition as sent, within 14 calendar days of receipt of the item by the Buyer. The Security Tag must be in place to be eligible for a refund. Any item returned without this Tag intact will not be refunded.
9.3 Please note Returns will not be accepted if they have been exposed in a smoking or pet environment.
9.4 Upon receipt of the returned item and upon successful inspection of the item, the Seller will refund the Buyer by the same method that the original payment was made. Any Customs costs incurred by the Seller to receive the item will also be deducted from the refund provided. The refund will be processed within 24 hours of item receipt.
9.5 If the item is returned in a differing condition to that sent, Papillonkia reserves the right to withold all or part of the refund.
9.6 It is agreed that the Seller can cancel the contract with the Buyer, and issue a full refund at any time, until the goods are despatched. The purchase of the goods is an invitation to purchase only.
- Liability and Indemnity
10.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
10.2 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Website.
10.3 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer.
10.4 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit or loss of opportunity that result from the use of, or the inability to use, the material or Content on the Website or the performance of any Product purchased through the Website or the conduct of other Users of the Website, even if Papillonkia has been advised of the possibility of such damages.
10.5 We may terminate your use of the Website immediately if we consider that you have breached these Terms and Conditions.
11.1 We may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions which shall continue to have full force and effect.
11.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
11.3 If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions.
11.4 Papillonkia reserves the right to amend, remove or vary the Website, any page of the Website, any Content on the Website, or any service offered on the Website at any time and without notice.
Papillonkia Ltd is not an authorised dealer, or in any way affiliated with the brands being offered for sale on this website. All product trademarks, brand names and logos mentioned are used for identification purposes only and are owned by the brands and their agents, without exception. Papillonkia Ltd does not claim any rights therein.
The following definitions shall apply to these Terms & Conditions:
“EU” means the following European Union nation states: Austria, Belgium, Bulgaria, Croatia, Cyprus (excluding the UN buffer zone and the part of Cyprus to the north of the buffer zone where Republic of Cyprus does not exercise effective control but including the UK Sovereign bases of Akrotiri and Dhekelia), Czech Republic, Denmark (excluding the Faroe Islands and Greenland), Estonia, Finland (excluding the Åland Islands), France (excluding Martinique, French Guiana, Guadeloupe, Reunion, St Pierre and Miquelon), Germany (excluding the island of Heligoland, and Büsingen), Greece (excluding Mount Athos (also known as Agion Oros), Hungary, Ireland, Italy (excluding Campione d’Italia, the Italian Waters of Lake Lugano and Lvigno), Latvia, Lithuania, Luxembourg, Malta, Netherlands (excluding the Antilles), Poland, Portugal (including the Azores and Madeira), Romania, Slovakia, Slovenia, Spain (excluding the Canary Islands, Ceuta, and Melilla but including the Balearic Islands), Sweden and the UK (excluding the Channel Islands, Gibraltar but including the Isle of Man).
“gift vouchers” means a gift voucher issued by Papillonkia only;
“Non EU” means any other country not listed in the definition of EU above.
“Order” means an online transaction made by you via the Website for one or more Products, to which these Terms and Conditions apply.
“Personal Information” means the details you provide to us when you use the Website, such as your name, e-mail address, billing address, delivery address, telephone number, Product selections, credit card or other payment information and a password.
“Product” means a product displayed for sale on the Website.
“Product Description” means that part of the Website where certain terms and conditions in respect of the individual Product are provided which shall include, but not be limited to, all details, prices (cost of the Product and delivery charges), photographic representations and descriptions of a Product. It shall also include, where appropriate, specific delivery dates and times, warranties, after-sales service and guarantees about that Product.
“Terms and Conditions” means these terms and conditions.
“We”, “us” or “Papillonkia” means Papillonkia Limited, as the context may require. Please note, that when arranging delivery of your Order, Papillonkia will instruct a third party courier or postal carrier to deliver it to you. However, Papillonkia will ultimately be responsible for managing the delivery of your Order, so for the purposes of these Terms and Conditions, all references to “we”, “us”, or “Papillonkia”, will be taken to include such third parties.
“Website” means the website located at www.papillonkia.com or any subsequent URL which may replace it.
“UK” means, for the purposes of these Terms and Conditions, England, Wales, Scotland and Northern Ireland.
“Users” means the users of the Website collectively.
“You” means a user of this Website.