1. These terms
1.1 These terms and conditions relate to any products supplied to you through this website trading as “Pierre Gemme by HUR (“Pierre Gemme by HUR”, “we” or “us”) to you, the customer or Site user (“you”). These terms and conditions together with the receipt of order and dispatch emails we send to you will form the agreement between you and us (“the Agreement”).
1.2 These terms and conditions may be varied by us at any time by posting amended terms and conditions on the Site. The terms and conditions which apply to your purchase will be those terms and conditions applicable at the time of the purchase.
2.1 Please view the Site which explains how to place an order. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
2.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted
2.3 We will confirm our acceptance of your order to you by sending you a dispatch confirmation e-mail that confirms that the products have been dispatched (“Confirmation”). The Contract between us will only be formed when we send you the Confirmation.
2.4 If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.
3. Payment and prices
3.1 At the time you place an order you must give authority for payment. We may take payment from you at any time between you placing the order and us accepting your order.
3.2 The prices payable for the items that you order are clearly set out on the Site. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price provided that we notify you before we accept your order.
3.3 The price of a product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
3.4 The price of a product listed does not include delivery charges.
3.5 All prices are expressed inclusive of any VAT payable unless otherwise stated.
4. Availability and Products
4.1 Any order you may place with us is subject to availability of the products ordered. We cannot and do not guarantee that any item shown on the Site will be available continuously or at any given time.
4.2 If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item.
4.3 The packaging of the products may vary from that shown on images on our site.
4.4 The images of the products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.
5.1 At the time you place an order we may not be able to provide an exact date of delivery. In those circumstances we will endeavour to provide you with an approximate delivery time when you place the order and we or our delivery partners will contact you again when we are able to specify a date.
5.2 We will endeavour to provide next day delivery of items within the United Kingdom if ordered before 6PM but we are not able to guarantee any specific delivery date. We will not be liable if we fail to do so in part or in full due to circumstances beyond our control.
5.3 Our delivery charges will be set out on the Site.
5.4 Whilst we will use reasonable endeavours to deliver the items on the agreed date we will not be liable for any failure to deliver on the stated date or at the stated time.
5.5 Delivery will be made to the address specified by you on the completed order form. Our delivery charges will be specified at the time the order is placed.
5.6 We do not deliver on Sundays. For these Terms, the "delivery" shall be deemed to have occurred or the goods shall be deemed to “have been delivered” upon signing for receipt of the products at the agreed delivery address.
5.7 Delivery may be tracked via our delivery partner.
6. International Delivery
6.1 If you order products from our site for delivery outside of the European Union, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
6.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
6.3 You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.
7. Your Right to Cancel
7.1 You can cancel or change any of your current orders prior to dispatch by contacting us on [email@example.com].
7.2 Please see our returns and cancellation policy which explains your right to cancel a contract for the purchase of products without giving a reason and how you can exercise that right.
7.3 Personalised or perishable items or items with a hygiene element may not be returned unless they are defective
7.4 Under the Consumer Rights Act 2015 any products supplied must be as described, fit for purpose and of satisfactory quality.
7.5 If you wish to exercise your legal rights to reject faulty products you must tell us within a reasonable time of discovering the defect (and if the defect is reasonably apparent immediately then you must tell us within 30 days). You will then need to return the product in person, post it back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
8. Our Liability
8.1 If you are not dealing as a consumer (within the meaning of the Consumer Rights Act 2015), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
8.2 If you are a consumer your statutory rights are not affected by any of these terms and conditions.
8.3 Any claim by you which is based on any defect in the quality of the products supplied or their failure to correspond with specification must be notified to us as soon as possible from the date of delivery (and in any case, within 30 days of delivery) or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If you do not notify us accordingly, you will not be entitled to reject the products and we shall have no liability for such defect or failure.
8.4 If the goods purchased are of unsatisfactory quality, unfit for purpose or not as described (‘defective’) and you notify us within 30 days of delivery then you are entitled to cancel your order and receive a refund. After this 30 day period you are entitled to repair or replacement of defective goods, but if you notify us that the goods are defective more than six months following delivery then we are entitled to require that you demonstrate that the products were defective on delivery.
8.5 If a product supplied is defective, we will replace or repair the items free of charge or refund to you the price of the item (see above for more information), but we shall have no further liability to you.
8.6 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
8.7 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.8 Save as explained above our liability under or in connection with these terms and conditions is limited to the price of the items supplied.
8.9 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for purpose; and for defective products under the Consumer Protection Act 1987.
9.1 These terms and conditions and this Agreement will be subject to the laws of England and Wales unless you are ordering from a European Union country outside of England and Wales and you are relying on compulsory consumer rights in your that country. We will try to solve any disagreements quickly and efficiently.
9.2 If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.
9.3 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase products.
9.4 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
9.5 This Contract is between you and us. No other person shall have any rights to enforce any of its terms
9.6 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
9.7 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
9.8 We shall not be responsible for any breach of these terms and conditions caused by circumstances beyond our reasonable control.
9.9 If you have any queries or wish to make any complaints about us or our products please contact firstname.lastname@example.org or write to us at our office at Paternoster House 65 St. Paul’s Churchyard, London EC4M 8AB, United Kingdom. Registered Number: 12169471, our UK VAT Number is in progress. If we have been unable to resolve your complaint or dispute please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform which is available here: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage