Paguro Limited

Terms and Conditions of On-line Retail Sale

These Terms and Conditions are a legal document which will bind us both. We’ve tried to make them both clear and fair, but if there is anything You don’t understand or are unsure about, please discuss it with Us before placing Your order.

These Terms and Conditions will be interpreted in accordance with English Law. In the event of any dispute, either party will be entitled to seek resolution of this via the ODR Platform http://ec.europa.eu/consumers/odr/.  However, this will not prevent either party from referring the matter to the English Courts.

If You are a consumer (within the meaning of the Unfair Contract Terms Act 1977), then nothing in these Terms and Conditions affects Your statutory rights. Further, despite paragraph 2(c) below, You will be entitled to cancel any Order at any time (a) up to fourteen [14] working days after receipt of the Products in the case of standard Products or (b) in the case of customised or custom-made Products, at any time up until work commences upon the customisation or manufacture of such Products, in each case by emailing us at info@paguroupcycle.com or by telephone on 0115 978 3854. (You may also use the template cancellation form which can be found here, although you don’t have to. If you use this option, we will communicate to you an acknowledgement of receipt of such cancellation on a durable medium (e.g. by email) without delay.)

If You exercise Your right to cancel, Your payment will be refunded in full by the same method by which it was received, although 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 for you – for example, if you have used the Products.

Where cancellation takes place after the Products have been dispatched to You, You must then either return them to Us at Your own expense (unused, in perfect condition, in their original packaging, accompanied by proof of purchase and – in the case of earrings, for hygiene reasons, with the security seal still intact), within fourteen [14] working days of receipt. (You are advised to return Products via an insured delivery service as We cannot accept responsibility for any Products lost or damaged in transit. If you choose not to insure and track the return to us, however, we would not expect the cost of return to be greater than the cost you paid us for delivery.)

1. Definitions

In these Terms and Conditions:

1. ‘We’ ‘Us’ and ‘Our’ refers to Paguro Limited which has an office at 25 Clifton Road, Ruddington, Nottingham NG11 6DD, United Kingdom; ‘You’ and ‘Your’ refers to you, the person or organisation to whom the Company has offered to sell Products;
2. ‘Order’ means the order placed by You via this website;
3. ‘Products’ means any products offered for sale through this website;
4. ‘Conditions’ means these standard terms and conditions of sale;
5. ‘Contract’ means a binding contract between You and Us for the purchase and sale of the Products;
6. ‘Fees’ means the fees payable to Us by You for the supply of the Products, as set out in the Order.

2. Orders

1. By placing an Order with Us, you are offering to buy the Products referred to in the Order at the prices stated in that Order, subject to the Conditions.
2. Whilst it is Our intention to keep Our website up to date and error free, Product description or pricing errors may occur. If We discover such an error after You have submitted an Order to us, We will contact You prior to accepting Your order with the correct details. You may then either cancel Your order or re-confirm it based on the correct information. If We are unable to contact You, We will treat Your order as cancelled.
3. When You submit an Order to Us, we will endeavour to process it within two working days and you may receive one or more emails from Us indicating the progress We are making. Please let Us know immediately if there are any errors in these communications, but please note that they do not constitute acceptance of the order by us. Your order will only be accepted by Us, and a Contract will only be formed, when We despatch the Products to You.
4. In the case of customised or custom-made Products, you will be required to send Us Your graphics and/or required text, in both electronic format (in a file format approved by Us), and also in a standard font (together the ‘Graphic Files’). We will not check the Graphic Files for accuracy. It is Your responsibility to ensure that the Graphic Files are accurate and complete as We will not be responsible for replicating any errors in them. You also acknowledge that it may be impossible to replicate Your requested colours exactly, due to the manufacturing processes used.
5. Overseas orders cannot initially be accepted via the website as additional delivery costs, duties and taxes may be payable. Please contact us if you would like to place an order for delivery outside of the UK and we will endeavour to reply within one working day. Any orders placed for delivery outside of the UK, however formed, will remain subject to these Conditions.

3. Delivery of Products

1. Please note that certain Products are subject to manufacturing delays and accordingly We can only provide estimates of their availability. Whilst We will always try to deliver the Products promptly (as indicated in the Delivery section of Our website or, in the case of customised or custom-made Products, as indicated in Our quotation,) this may not be possible and so We cannot accept liability for deliveries made outside of this timescale or accept liability for any out of pocket expenses or other costs You incur due to failed or delayed deliveries.
2. Except in the case of customised or custom-made Products, if the manufacturer is unable to despatch the Products to Us within four weeks of your Order, (including where the Product concerned is discontinued or withdrawn from sale) We will immediately notify You. You will then have three options:
1. If you are willing to wait until the next available shipment is received, we will discount the price of the affected Products by 10% (excluding postage and packing) and will refund this to you at the time the Products are despatched to you.
2. If you do not wish to wait until the selected Products are available, you may choose an alternative which is currently in stock, with a consequential amendment of the Fees payable where appropriate. In such instance, we will despatch the alternative as soon as any additional Fees payable have been received and will refund any overpayment of Fees at the time the Products are despatched to you.
3. We will cancel your order and refund the Fees paid by You in full. In such circumstances, We will have no further liability to You.

Please note that any refunds will be made in the same manner in which they were paid.

4. Fees and Payment

1. All prices include V.A.T.
2. The Fees shall be due and payable (by BACS or debit/credit card) at the time of placing the Order;

5. Warranties and Liability

1. All information on our website is provided in good faith. However, the nature of our handmade Products means that slight variations in size, colour, pattern and uniformity may occur. You therefore accept that any Products ordered may vary slightly from the images on our website in this respect, and that such images are therefore for illustration purposes only.
2. We will not be liable to You for any consequential or indirect losses, and to the extent permitted by English law, (but not beyond,) Our total liability to You for negligence, breach of contract, or for any other matter, is limited to a sum equivalent to the Fees.

6. Miscellaneous

1. These Conditions should be read in conjunction with Our Privacy and Cookie Policy which sets out why we collect information about You and how we protect it.
2. We will make every effort to keep Our website error free and up and running smoothly. However, We will not be liable if it is temporarily unavailable or operating incorrectly due to issues beyond Our reasonable control including (but not limited to) the actions of hackers.
3. We reserve the right to change these Conditions from time to time. Any such changes will be communicated on Our website but will not apply to existing Contracts.
4. The use of Our site and the interpretation of Contracts is governed by English law.