Effective September 18, 2018
Welcome to the Peppersq.com Website Terms & Conditions for use. These Terms & Conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the Terms & Conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this Website. Before you place an order, if you have any questions relating to these Terms & Conditions, please contact our Customer Service team by email. These Terms & Conditions will apply to all orders for Products which are being delivered within the UK. We are currently not delivering Products outside of the UK.
- Conditions – means these terms and conditions and the Special Conditions
- Product or Item – means a product displayed for sale on the Website
- Product or Item Description – means that part of the Website where certain terms and conditions in respect of the individual Product are provided
- Special Conditions – means the terms and conditions in the Product Description
- Users – means the users of the Website collectively
- Personal Information – means the details provided by you on registration
- We/us – means Pepper Sq. Ltd.
- Website – means the website located at www.peppersq.com or any subsequent URL which may replace it
- Cookies – means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer
- United Kingdom – means England, Wales, Scotland, Northern Ireland and the Channel Islands
- You or Customer – means a user of this Website.
BINDING TERMS & CONDITIONS
The following Policies are binding with these Terms & Conditions,
- Delivery & Returns Policy;
- Cookies Policy.
All information contained in the above Policies are a part of the Terms & Conditions of Pepper Sq. Ltd. We also maintain Questions & Answers on the Website for your convenience to find answers to the frequently asked questions without the need to contact us. However, if you want to contact us please write an email to our Customer Service team.
USE OF THE WEBSITE
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
You warrant that:
- The Personal Data which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
- You will notify us immediately of any changes to the Personal Data by updating these details on your online account.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
We reserve the right to:
- Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Third Party Links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
When you use our website, you'll see that we offer you recommendations, showing products we think you might like and could perhaps miss when you're browsing the site.
PRIVACY AND COOKIES
DESCRIPTION OF PRODUCTS
Each Product or Item purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees. We will take all reasonable care to ensure that all details, descriptions and prices of Products or Items appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.
ORDERING, CANCELLING AND RETURNING PRODUCTS
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website. Find out more by getting familiar with our Delivery & Returns Policy which is an integral part of these Terms & Conditions.
Contract Creation and Electronic Contracting
The technical steps required to create the contract between you and us are as follows:
- You place the order for your products on the Website by pressing the confirm order 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;
- We will send you an order confirmation email detailing the products or items you have ordered. This is not an order acceptance;
- Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the Products or Items ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in our Delivery & Returns Policy.
Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock;
- Our inability to obtain authorisation for your payment;
- The identification of a pricing or product description error;
- Your not meeting the eligibility to order criteria, for example insecure postal address, such as communal postal address or PO box;
- If you are placing an order for an item that by law we are only permitted to sell to customers who are 18 years or older, then by clicking the order confirm button you are also confirming to us that you are 18 years or older. By clicking the order confirm button, you further acknowledge and consent to us taking steps to verify your age by reference to publicly-available third party sources. We reserve the right not to supply an age-restricted product where we reasonably believe that you are below the relevant minimum age.
The contract will be concluded in English.
The details of your specific contract will not be filed by Peppersq.com. If you do require any information regarding orders you have placed with peppersq.com, please write to us at: Customer Services, Pepper Sq. Ltd., Kemp House,160 City Road, London, EC1V 2NX
Returns and Refunds
You are protected by Consumer Contracts Regulations 2013 (amended in 2015). This legislation offers you the following cancellation rights when you buy online:
- You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services.
- Your right to return or cancel products does not apply to goods that are made to measure or are made to your specification (such as specific material or colour), that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. This doesn't affect your statutory rights if goods are faulty or not as described.
- If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them, such as retain the packaging.
- To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address, as well as clear images or videos describing the fault / damage.
- You can cancel by email to our Customer Service.
If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard free delivery).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. Particularly, when the package is removed. If the delivery was free of charge, we might deduct the delivery charge plus any additional charges for non-mainland UK deliveries.
When you fail to rearrange the delivery, for instance, beyond 30 days, we might ask for reimbursement of the storage costs in case you want to keep the order. Our default is that we cancel the order if it stays beyond 30 days in the warehouse in the UK, and this is in case you failed to confirm the delivery date and time to either our logistics partner or our Customer Service at Pepper Sq.
We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.
Please see our Delivery & Returns Policy for further details.
Your order will be fulfilled by the estimated delivery date set out during checkout and on your order confirmation email, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
Event Outside Our Control
As we do not manufacture items we supply, our deliveries can be affected by an Event Outside Our Control. This means any act or event beyond our reasonable control, including without limitation any actions, inactions or delays of our manufacturers and suppliers, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract between Consumer and Pepper Sq. Ltd.:
- We will contact you as soon as reasonably possible to notify you; and
- Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
- Where the Event Outside Our Control affects our delivery of items to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
We always honour the manufacturer's guarantee period where offered. This applies to furniture and lighting. The guarantee periods vary and we will inform about the guarantee periods of suppliers on our Website
- To be a member of Peppersq.com, you must be resident in England, Scotland, Wales or Northern Ireland and aged 18 years or over and have an email address. We may refuse an application for any reason. You may only have one Pepper Sq. account. We reserve the right to refuse, merge or close additional accounts at any time.
- You must keep us informed of any changes to your personal or membership details. We will not be responsible for any loss of benefits resulting from account details being out of date or inaccurate.
- As a member you’ll receive loyalty communications relating to your membership such as exclusive rewards, offers and invitations from us. You can choose to leave your Pepper Sq. account at any time by cancelling your membership on the Website. This will remove you from any future loyalty communications as we will be unable to deliver rewards and benefits to you. By leaving the scheme, this won’t affect your existing Peppersq.com marketing preferences, which are separate.
- We may remove a member from Peppersq.com membership at any time where a member appears to have breached the Terms or behaved in an inappropriate, misleading or abusive manner.
Intellectual Property and Right to Use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with Laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of Liability
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.
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, reliability of the Website, including the speed of Internet on the user side. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
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, nor does it affect your Contract Cancellation Rights.
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 Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Pepper Sq. and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
For any queries regarding our service, please contact our Customer Service via email firstname.lastname@example.org
Our company details are: Pepper Sq. Ltd. Registered office: Kemp House,160 City Road, London, EC1V 2NX Registered VAT 293 7169 64