1. INTRODUCTION

By using this Website and/or placing orders you agree to be bound by these Terms. Please note in particular, the following important provisions regarding delivery (term 4), your cancellation rights (term 6), ownership and risk (term 7), and our liabilities to you (term 9). Where words or phrases appear in capital letters see the end of these Terms for definitions of what they mean. We may change these Terms and any information on this Website at any time.



2. YOUR ORDER

Any Order for Goods shall be treated as an offer by you to purchase Goods from us in accordance with these Terms. Orders will not become contractually binding until we send you an Order Acknowledgement accepting your Order. All Contracts are subject to payment.


You will be responsible for ensuring the accuracy of the details provided when you submit an Order. We will not be obliged to accept the Order unless all details requested are provided correctly and fully. We may refuse any Orders at our discretion.


All Goods are subject to availability. Whilst the Website contains information about stock levels, this is updated manually and may be out of date. If Goods are unavailable we will make reasonable efforts to notify you of this as soon as possible after becoming aware of it.



3. PRICE AND PAYMENT

All prices quoted are in British Pounds Sterling (£) unless otherwise stated and we may change these at any time. All prices are inclusive of VAT and include delivery to any UK address. Delivery to addresses outside of the UK will incur a delivery charge which we will notify to you.


Whilst we try to ensure that prices are accurate at the time you place your Order. If an error is found, we will inform you as soon as possible and offer you the option of reconfirming your Order at the current price or cancelling your Order. If you cancel we will refund or credit you for any sum that has been paid by you or debited from your credit card or other account for the Goods subject to any rights to retain parts of the payment that we may have.


You must make payment in full at the time of placing your Order. We shall be under no obligation to supply or deliver the Goods until we have received verification of payment or have received all sums due in cleared funds. Payment must be in British Pounds Sterling unless otherwise stated in the Order Acknowledgement.



4. DELIVERY

Delivery will be made to the address specified by you on the Order. You are responsible for ensuring that you are available to accept delivery of the Goods or expressly authorise another person to take delivery of the Goods on your behalf. If you or your nominated person are not available when we or our delivery contractors try to make the delivery, you will be responsible for any additional costs or expenses connected with delivery.


We will make reasonable efforts to dispatch the Goods within 7 days after we send the Order Acknowledgement. We will not be liable for any loss of damage suffered by you through delay in delivery.



5. EXPORT

You shall be responsible for complying with any legislation or regulations governing the importation for the Goods into the country of destination and the payment of any duties or any additional charges for customs clearance.



6. CANCELLATION & RETURNS

You are entitled to cancel this Contract at any time before we have sent the Goods to you and within 7 working days of the Delivery Date. If you wish to cancel the Contract you must notify us in writing by email to enquiries@perfectperch.co.uk. If you fail to do so you may lose your right to cancellation under this condition.


If you cancel your Order you will be entitled to a full refund or exchange. Where a refund is given, we will reimburse you within 30 days. You must return the Goods in the same condition in which they were received as soon as possible following your notice to cancel the Contract.


Your right to cancellation does not apply to Goods which we believe to have been used (as the Goods are temporary products which are only recommended for limited use) or Goods which have not been treated in accordance with any guidance or instructions (as the products may deteriorate in certain conditions, including moist environments) and therefore have a limited lifespan.


If you believe Goods to be faulty, please return them to us. We will inspect them and if found to be faulty we will offer you a refund or replacement, subject to availability.


The costs of returning goods to us shall be borne by you, except where they have been rejected because they are faulty or if they were not what you ordered.


You shall be responsible for the safe-keeping of all Goods until they are received by us and this includes keeping the Goods stored in secure and dry conditions and in accordance with any guidance or instructions. This condition shall not affect your statutory rights.



7. OWNERSHIP AND RISK

You will not become the legal owner of any of the Goods unless and until we have received Payment in cleared funds. If, for any reason, we discover after you have taken delivery of the Goods that any payments have not cleared, we shall be entitled at our discretion to either require you to make any balance of the payment in cleared funds or to return the Goods to us unused and in the condition in which you received them.


Whilst the Goods are in our possession or with the carriers they will be our responsibility. On the Delivery Date, all risk of loss of or damage to the Goods shall pass to you. If you delay a delivery, our responsibility for everything other than damage due to our negligence will end on the Delivery Date.



8. LIMITATION OF LIABILITY

You are responsible for storage assembly and appropriate use of the Goods and are responsible for following the guidance provided on the packaging. If you do not follow the guidance and instructions you accept the risk that this may affect the Goods. We are not responsible for any loss, damage or accidents arising from your misuse or failure to follow guidance or instructions or from any such actions by third parties. However, we will accept liability if death or personal injury arises as a direct result of our negligence or any latent defect in the Goods.



9. DATA PROTECTION

Your privacy is important to us and we know that you care about how information about your Order is used and shared. We will only use the information you provide about yourself for the purpose of fulfilling your Order and contacting you about offers of similar goods, unless you agree otherwise.


Any personal information you supply shall be complete and accurate and you will notify us if any of your personal information changes. You will not impersonate any other person or use a false name or a name or other details that you are not authorised to use.


Any personal information supplied by you will only be obtained, held, shared, used or otherwise processed by us in accordance with the purposes permitted in these Terms and we will not use or pass on your details to any third party without your consent except to enable us to process or to fulfil your Order. This may include Royal Mail or any other courier service we may use.


Our international customers and customers dispatching goods internationally acknowledge and agree that their data may be passed outside the European Economic Area and that cross-border deliveries may be subject to opening and inspection by customs authorities.



10. GENERAL

If any Term or part of a Term is found by any court or administrative body to be invalid or unenforceable for any reason, that Term or part may be removed from these Terms but the validity and enforceability of the remainder of the Terms and Conditions shall not be affected.


Where any of these Terms refer to "including" or any similar expression, the examples that follow are not intended to be exhaustive.


Any reference to a period of time in days commences from the day after the action.



11. DEFINITIONS

In these Terms the following words and phrases have the following meanings :-

“Contract” means the contract between you and us detailed in the Order and the Order Acknowledgement including any incidental services arranged;
“Delivery Date”means the date on which the Goods are delivered or delivery is attempted to the address provided by you on the Order;
“Goods”means any or all of the goods specified in our Order Acknowledgement;
“Order”means the offer by you to purchase Goods from us by entering your details and submitting these to us using our online ordering process on the Website;
“Order Acknowledgement”means our acknowledgement and acceptance of your Order by e-mail or by delivery, at which time it shall become a binding Contract;
“Payment”means us receiving confirmation from PayPal or other merchant account provider that payment of all sums arising in connection with the Contract has been verified;
“Terms”means these terms and conditions;
“UK”means mainland England, Wales, and Scotland, but excluding any parts that are not linked to the mainland, Northern Ireland, the Isle of Man, and the Channel Islands;
“Users”means the users of the Website collectively;
“We/us/our”means Injoi Design Ltd. We can be contacted by telephone on +4423 925156 or email at enquiries@perfectperch.co.uk
“Website”means the website located at www.perfectperch.co.uk or any subsequent URL which may replace this;
“working days”means any day (except Saturday or Sunday) upon which banks shall be open for business in England;
“You/your”means a user of this Website.