Terms and Conditions of Sale of Goods
This page (together with the documents expressly referred to on it) tells you information about us and contains the legal terms and conditions on which we sell Products to you.
On this page the words "we" "us" and "our" refer to pampeano Limited.
Please note that pampeano is a website owned and operated by pampeano Limited. pampeano is a trading name of pampeano Limited.
We strongly recommend that you read these Terms carefully, as they will form part of the Contract between us. Please make sure that you understand them, before ordering any Products. Our relationship is subject to these Terms and they impose certain responsibilities upon you and they exclude and limit our liability to you in the event of loss or damage. YOUR ATTENTION IS DRAWN PARTICULARLY TO CLAUSE 14, which excludes and limits our liability to you in certain circumstances. Please note that by ordering any Products, you agree to be bound by these Terms and the other documents expressly referred to in them.
You should print and keep a copy of these Terms for future reference.
Please tick the relevant box on the order page to indicate your agreement to these Terms. Please understand that if you do not accept these Terms then you will not be able to order Products.
Please note that, from time to time we may amend these Terms, as set out in clause 16. Every time you submit an order to us, please check these Terms to ensure you understand the terms which will apply at that time.
1.1. When the following words with capital letters are used in these Terms and the Introduction, this is what they mean:
Contract: means the individual legally binding contract formed between you and us when you place an order which we accept according to the provisions of clause 5 below;
Confirmation Email: the email we send to you after you have submitted an order to us, as explained in clause 5.5 below;
Dispatch Confirmation: the email we send to you confirming that the Products you have ordered have been dispatched to you, as explained in clause 5.6 below;
Event Outside Our Control: is defined in clause 15 below;
Products: means the products listed on the Site;
Site: the website that operates at http://www.pampeano.co.uk;
Terms: the terms and conditions on which we supply Products to you.
2. Information about us
2.1. We are pampeano Limited, a company registered in England and Wales under company number 6662405 and with our registered office and main trading address at 8 Nuffield Park, Ledgers Close, Oxford, OX4 6JS. Our VAT number is GB 102 99 5317.
2.2. Should you wish to contact us about these Terms or if you have any comments or complains about this Site or our Products, please do so using the following contact information:
3. Our Products
3.1. The images of the Products on the Site are for illustrative purposes only. Your Products may vary slightly from those images. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products.
3.2. All Products shown on the Site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available.
3.3. We reserve the right to change any content on the Site, including but not limited to, descriptions, specifications and prices of Products at any time without prior notice. For the avoidance of any doubt, once your order has been confirmed and a Contract formed, we will not make any changes to the Products (unless we are required by law to do so) or to these Terms.
4. Sales to children and these Terms
4.1. We do not sell the Products for purchase by children. We sell children's products for purchase by adults. You may only purchase Products from the Site if you are at least 18 years old.
5. How a Contract is formed between you and us
5.1. You will find information on how to order Products via the Site on the help page.
5.2. During the checkout process you will be asked to complete your payment details. Where requested you must complete the compulsory fields indicated. All credit/debit card transactions on the Site are processed using Secure Trading, a secure online payment gateway owned by the UC Group of global ecommerce companies. Secure Trading encrypts your card details and cannot be accessed by us. You agree to abide by any terms and conditions imposed by UC Group/ Secure Trading in connection with the processing of your payment for purchasing Products from us. You acknowledge and agree that we are not responsible for the acts and/or omissions of UC Group/ Secure Trading.
5.4. Our order process allows you to check and amend any errors in your order at each stage of the process. Please take the time to do so. The order summary shown to you before you submit your order will summarise your order, including the total price of the Products you have ordered (including VAT), delivery charges and any charges for additional services, such as gift wrapping, (if you have asked for them). Please also check the order summary carefully before submitting you order.
5.5. After you place an order, you will receive an email from us acknowledging that we have received your order ("Confirmation Email"). This does not mean that your order has been accepted, nor that a Contract between us has formed. Our acceptance of your order will only take place as described in clause 5.6.
5.6. We will confirm our acceptance to you by sending you an email, which will confirm that the Products have been dispatched to you at the address you included when you submitted your order ("Dispatch Confirmation"). The Contract between us will only be formed at the time when we send you the Dispatch Confirmation and when we have received from you (in full) for your order in accordance with clause 8.1.
5.7. 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 of an error in the price on the Site as referred to in clause 8.6, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
6.1. All Products are delivered to you via Royal Mail, DPD or DHL, depending on the delivery service you select when placing your order with us. If Products are returned to us as undeliverable, we will attempt to contact you (i.e. using the contact details provided when you submitted your order) to arrange re-delivery. Re-delivery attempts may incur an additional postage charge. If we are unable to contact you to arrange a re-delivery, we will refund the price of the Products to you as described in clause 13.2.
6.2. Delivery charges and timescales will vary depending on the type of Product ordered and the delivery address. The cost of delivery will be set out in the order summary shown to you before you pay for your order. Please read the order summary carefully and ensure that you understand and agree to pay the cost of delivering your order to its destination. Unless we have agreed (in writing) to deliver Products to you within a certain period of time, we will ensure that the Products you have ordered from us are delivered to you without undue delay and in any event not more than 30 days after the date of the Dispatch Confirmation. Details of estimated delivery times are given on the Site and prior to submitting your order to us. Please read clause 15 about what happens if there is an Event Outside Our Control, which results in a delay in delivery or failure to deliver the product. If there is an Event Outside Our Control, we will contact you to discuss what will happen next.
6.3. Depending on the number of Products you order from us and whether or not the Products you have ordered are available for delivery at the same time, we may split the Products you have ordered from us across a number of separate deliveries.
6.4. Delivery will be completed when the all Products you ordered form us are delivered to the address you gave us for delivery when you submitted your order to us.
6.5. The Products will be your responsibility from the completion of delivery. You should check all Products you receive against your order as soon as possible to make sure they reflect what you ordered and that they are not damaged or are not as described. If you discover that the Products do not reflect what you ordered, are damaged or are not as described you must tell us as soon as reasonably possible after discovering this, either by email to email@example.com, by telephoning +44 (0) 1865 773709 or by letter addressed to pampeano, 8 Nuffield Park, Oxford, OX4 6JS. You must also return the Products to us as soon as reasonably practicable. For further information on what to do if you believe the products you have received from us do not reflect what you ordered, or are damaged or are not as described, please see clause 11, which explain your statutory legal rights if you are a consumer.
6.6. If you are a consumer, if we miss the delivery deadline for any Product (see clause 6.2) then you may immediately cancel your entire Contract under which that Product was purchased if any of the following apply:
6.8. You can cancel your Contract pursuant to clause 6.6 or clause 6.7 in respect of just some of the Products or all of them (including any Products that have already been delivered to you). If the Products have been delivered to you, you will have to return them to us.
6.9. If you do choose to cancel your Contract as a result of late delivery pursuant to clause 6.6 or clause 6.7, then we will reimburse you for all payments made to us under the Contract without undue delay after you have cancelled the entire Contract. If you choose to cancel your Contract as a result of late delivery pursuant to clause 6.6 or clause 6.7 in respect of just some of the Products, then we will only reimburse you for all payments made under the Contract in respect of those Products for which you cancel the Contract.
7. International delivery
7.1. If you order Products from the Site for delivery to a country outside the mainland United Kingdom, delivery charges and timescales may vary depending on the weight of the order, the delivery location and the delivery method you select when you submit an order to us. An approximate estimate of delivery timescales and the delivery charges you can expect to pay when you order Products from the site is available on our delivery page.
7.2. Please note that your order may also be subject to import duties and taxes which are applied when the delivery reaches its destination country. You will be responsible for disclosure and payment of any such import duties and taxes. We accept no liability for any additional charges levied by the government of the destination country. You acknowledge and accept liability for any such charges applied by the destination country government and/or tax authorities and/or other regulatory authority. We have no control over these charges and we cannot predict their amount.
7.3. If you order Products from us that are to be delivered to a country outside the mainland United Kingdom and if you/the recipient refuse to accept delivery of the Products you purchased without a reasonable justification (for example, a reasonable justification would be because the Products we have sent to you do not conform to your order), the courier may be forced to return the items to us. In such circumstances, we may be required to pay additional charges to the courier and/or other persons in respect of the cost of return. Such additional charges may include payment by us of customs and/or import duties and taxes that would have been payable by you had the delivery of the Products been accepted. We reserve the right to recover these costs/charges from you by way of a deduction of the relevant amount from any refund owed to you. Before we issue a refund to you (if any), we will inform you of the additional charges we have incurred (and therefore the amount we will deduct from any refund owed to you).
7.4. Please refer to clause 12 of these Terms which sets out our refund policy. In particular, we draw your attention to clause 12.6, which explains our refund policy in respect of personalised Products you have ordered from us.
7.5. 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 or responsible if you break any such law.
7.6. For the avoidance of any doubt, nothing in this clause 7 is an attempt to exclude or limit your rights under the Consumer Rights Act 2015 and/or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and/or any other statutory legal rights you may have for which it would be unlawful for us to attempt to exclude or limit your rights and/or our liability to you.
8. Price of Products and delivery charges
8.1. The Product prices on our Site are shown in GBP Pounds Sterling. We will debit your account for the amount shown on our Site in GBP. The prices shown are only a guide and the amount debited from your account will depend on the exchange rate provided by your bank, due to fluctuations in exchange rates and also commissions that your bank may levy. If you decide that you no longer wish to proceed with your order and we have already sent a Dispatch Confirmation to you, please see clause 10 (your cancellation rights if you are a consumer) for further information on how you can cancel your order.
8.2. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information is entered onto the Site. However, if we discover an error in the price of any Products you ordered, please see clause 8.6 for what happens in this event.
8.3. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Confirmation email. If the price of a Product you have ordered increases between when you placed your order and when we issue a Confirmation Email, we will charge you for the price shown on the Site at the time you submitted your order.
8.4. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable for the time being. However, if the rate of VAT changes between the date of your order and the date on which we confirm your order via a Dispatch Confirmation email, we will inform you and we will give you the option of continuing to purchase the Product at a price which includes the extra VAT or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
8.5. The price of a Product does not include delivery charges, which you must also pay. Our delivery charges are as quoted on the Site from time to time and are dependant on the type of product ordered and the delivery method selected by you submitted your order to us. Delivery charges will be displayed before you submit your order to us. Please take the time to read and check your order at each page of the order process.
8.6. The Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on the Site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. We will also refund to you the price you paid in advance (if any) for any Product in respect of which an order is cancelled or treated as cancelled.
9. How to pay
9.1. You can pay for Products using a debit card, credit card, or PayPal account. All payments are subject to authorisation by your card issuer/account provider and we will only accept your order and a binding Contract will only be formed between us when we have taken payment in full in cleared funds for the Products you have ordered and when we have sent you a Dispatch Confirmation email.
9.2. Payment for the Products and all applicable delivery charges is in advance. We accept no liability if delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the Products from your account, then we reserve the right to cancel the Contract and suspend any further deliveries to you.
9.3. You will only own the Products once we have received payment in full, including all applicable delivery charges and we have sent you a Dispatch Confirmation email.
10. Your cancellation and refund rights if you are a consumer
10.1. If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 10.3. This means that if you change your mind or for any other reason and you decide you do not want to keep a Product during the cancellation period, you can notify us of your decision to cancel the Contract and receive a refund. You do not have to give us a reason for exercising your right to cancel during the period set out below in clause 10.3. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
10.2. However, this cancellation right does not apply in the case of any personalised or custom-made products
10.3. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (i.e. the date on which we email you to confirm our acceptance of your Order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out below:
Your Contract is for a single Product:
The end date is 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January, you may cancel the Contract at any time between 1 January and the end of the day on 24 January.
Your Contract is for multiple products which are all delivered on the same day:
The end date is 14 days after the day on which you receive the Products.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive all of the Products on 10 January, you may cancel the Contract at any time between 1 January and the end of the day on 24 January.
Your Contract is for multiple Products which are delivered on separate days:
The end date is 14 days after the day on which you receive the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first of your separate Products on 10 January and the last of your separate products on 15 January, you may cancel the Contract in respect of any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
10.4. To cancel a Contract, you just need to let us know that you have decided to cancel by contacting our customer service team. You can do this either by the form on our contact us page, by email to firstname.lastname@example.org, by telephoning +44 (0) 1865 773709 or by letter addressed to pampeano, 8 Nuffield Park, Oxford, OX4 6JS.
If you are emailing us or writing to us please include details of your order to help us to identify it (e.g. your order number, name, email address, etc). If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us the notice in time as long as you get your letter into the last post on the last day of the cancellation period (with the correct postage paid) or email us before midnight on that day. You may wish to keep a copy of your cancellation notice for your own records.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
10.5. If you cancel your Contract and subject to you complying with clause 10.6 we will:
o10.5.3.2. if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
Please note that we may withhold reimbursement until you have complied with the requirements of clause 10.5.3.1.
10.6. If the Products were delivered to you before you decide to cancel your Contract:
10.8. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract.
11. Your statutory legal rights if you are a consumer
11.1. We are under a legal duty to supply Products to you that are in conformity with the Contract. See the box below for a summary of your key legal rights in relation to Products you purchase from us. Nothing in these Terms will affect, exclude or limit your statutory legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. Please note that the information below is only a summary and that certain exceptions apply to each of your key legal rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says the Products we provide to you must be as described, fit for purpose and of satisfactory quality. If, during the expected life of your Product, it is faulty, your legal rights entitle you to the following:
11.3. Once we have received the Products from you and if you and we agree that the Products are faulty:
12. Our returns policy
12.1. In addition to your right to cancel a Contract pursuant clause 10, we also operate a no quibble returns policy. If for any reason you are not satisfied with any Products, you may return them to us within 28 days of purchase for a refund or for an exchange.
12.2. To be eligible under our returns policy, all returned Products must be returned "as sold" (i.e. in re-saleable condition, unworn in their original packaging and with all swing tags attached to the Product). If Products you return to us do not comply with this requirement, we cannot accept the returned Product and we will return it to you at the address provided in the order process as soon as reasonably possible. Subject to clause 10 and clause 14.3, we exclude all further liability to you for Products you return to us that are not returned "as sold".
12.3. If you wish to return Products to us under our returns policy, please send the item to pampeano returns, 8 Nuffield Park, Oxford, OX4 6JS. Please enclose the original proof of purchase (i.e. the dispatch note enclosed with the Products) along with your contact details, reason for return and return address and whether or not you would prefer a refund of the Product price or replacement Products (should we determine you are entitled to such a refund or replacement Products pursuant to clause 12.4).
12.4. When you have returned the Products to us, we will examine the Products and (if we consider that the Product satisfies the requirements of clause 12.2) we will arrange for a refund of the Product price (including the delivery cost you paid to us when you submitted your order) or an exchange of the Product for a replacement, depending on the option you indicated on the returns form when you returned the Products to us:
12.6. Please note that where you have ordered personalised or bespoke Products from us, we are unable to accept returns or exchanges of such Products, unless the Products are damaged, materially defective, not as described or (if you are a consumer) the Products breach your statutory rights. As an exception, you may exchange a personalised belt for a charge of £20 made payable to pampeano Ltd.
13. Returning Products to us and our refunds policy
13.1. When you return products to us under clause 10 (Your cancellation and refund rights if you are a consumer), clause 11 (Your legal rights if you are a consumer) or clause 12 (Our returns policy):
14. Our liability to you (YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE)
14.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a natural, foreseeable result of our breaking these Terms or our failure to exercise reasonable care and skill, but we are not responsible for any loss or damage that is not so foreseeable. Loss or damage is foreseeable if it obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2. We only supply the Products for domestic and private use to consumers. You agree not to use the product for any commercial, business or re-sale purposes, and in any event we will have no liability to you for any loss of profit, loss of enjoyment, loss of or damage to reputation or goodwill, loss of business, business interruption, or loss of business opportunity.
14.3. We do not in any way exclude or limit our liability for:
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 an Event Outside Our Control.
15.2. An Event Outside Our Control includes any act, event, non-happening, omission or accident outside our reasonable control and includes in particular (without limitation) the following:
15.4. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you.
16. Our right to vary these terms
16.1. We may update or amend these Terms from time to time. Please review these Terms regularly to ensure you are aware of any changes we have made. Your continued use of the Site after changes are posted means you agree to be legally bound by these Terms as updated and/or amended.
16.2. Once your order has been confirmed and a Contract formed, we will not make any changes to the Terms that apply to your order. However, if you are a returning customer please check the Site regularly to ensure you are aware of any changes we have made to our Terms since the last time you visited the Site.
17. Communications between us
17.1. When we refer, in these Terms, to "in writing", this will include email unless it is clear that email is not intended to be included in any particular scenario.
17.2. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. 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.
18.1. Unless stated elsewhere in these Terms, all notices given by you to us must be given in writing in the English language. You can send notices to us by email at email@example.com, or by pre-paid post to pampeano, 8 Nuffield Park, Oxford, OX4 6JS. We will confirm receipt of your notice by contacting you in writing, normally by email to the email address you gave us when you submitted your order. 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 with the correct postage paid and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee. If you are a consumer and exercising your right to cancel under clause 10, please see that clause 10 for how to tell us this.
19. Our right not to accept orders and applicable refund
19.1. We may decide not to accept an order from you for Products. If we do so, and you have made any payment in advance for the Products, we will refund you the full amount you have paid as soon as possible.
20. Transfer of rights and obligations
20.1. We may transfer our rights under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
20.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
20.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
21.1. If any of the Terms of the Contract between us are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such Terms will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22. Entire agreement
22.1. These Terms constitute the entire agreement between us and they supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.
22.2. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on anything set out in these Terms.
22.3. Notwithstanding any other term of these Terms, nothing in these Terms shall exclude or limit our liability for something that we cannot exclude or limit in law.
23. Governing Law, Alternative Dispute Resolution (ADR) and jurisdiction
23.1. These Terms and any Contract between us are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Products in either the Northern Irish Courts.
23.2. If we fail to resolve any dispute between us in relation to any Contract or any Products you may wish to contact the following certified ADR provider Centre for Effective Dispute Resolution, whom we are willing to work with.
23.3. These Terms and any Contract between us, are drafted in the English language. If they are translated into any other language, the English language text shall prevail.
NB: This is a platform that has been designed to help consumers to resolve disputes with online retailers in relation to faulty goods they have purchased online. http://ec.europa.eu/consumers/odr/.