You should print a copy of these Terms for future reference.
If having read them you are in agreement with the Terms, please click on the button marked "I Accept". Please note that if you do not accept these Terms, you will not be able to order any Products from our site.
Nothing contained in these Terms affects your statutory rights.
Information About Us
- www.bonnieandpearl.com is a site operated by Bonnie & Pearl Ltd, a private limited company (company number: 07378164 and VAT number: 130146267) whose registered office and trading address is at Bonnie Towers, Southbank, Penyworlod Lane, Penhow, NP26 3AJ.
- References in these Terms to "we", "our" or "us" means Bonnie & Pearl.
- By placing an order through our site, you warrant that:
- you are over 18 years of age;
- you are legally capable of entering into binding contracts and all the information you have provided to us is true and accurate;
- you possess a valid credit or debit card ("Payment Card") issued by a bank acceptable to us. We accept payments with the following credit or debit cards: Solo, Mastercard, Maestro, Laser, Visa, Visa Delta, Visa Electron and Visa Purchasing. See clause 9 for further payment details; and
- you have sufficient funds to cover the cost of the Products.
- By placing an order through our site, you warrant that:
- 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.
- Although we have made every effort to be as accurate as possible, because our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated have a two per cent (2%) tolerance.
- The packaging of the Products may vary from that shown on images on our site.
- Whilst every effort will be made to supply the Products in the colour/shade chosen by you the exact colour/shade cannot be guaranteed neither can we guarantee that the colours/shades are identical to those shown in our advertising material, website images and/or brochures. In particular where natural materials are used you must expect variations in colour. You shall not be entitled to terminate or cancel the Contract or make a claim against us by reason of reasonably foreseeable variations of colour. Exact colour/shade is not of the essence in the Contract and we shall not be liable for any slight imperfection in any parts of the Products.
Use of our site
How we use your personal information
- We only accept orders for Products made via our site. After placing an order, you will receive an email from us acknowledging that we have received your order (“Order Acknowledgment”). Please note that this does not mean that your order has been accepted. Your order is an offer to us to purchase the Products subject to these Terms. All orders are subject to acceptance by us and a contract will not be formed between you and us ("Contract") for the purchase of Products until we issue an email confirming dispatch of the Products (the "Dispatch Confirmation").
- The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
- Products will not be dispatched until successful completion of pre-authorisation check of your Payment Card to ensure that sufficient funds are available for the transaction. Your Payment Card will only be debited once your order has been accepted.
Availability of Products
- All Products shown on out site are subject to availability and confirmation of the price.
- If for any reason beyond our reasonable control we are unable to supply the Products or any part of an order to you we will notify you at the earliest opportunity by email to the email address you have provided to us.
- If any of the Products are out of stock we will try to specify this on our website. If, however, you place an order for Products which we subsequently discover to be out of stock, we will inform you of this by email and we will not process your order.
Right to Cancel
- Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2014, as a consumer you have the right to cancel the contract (also known as a cooling off period) of 14 days starting on the day after you receive your products from us.
- If you wish to exercise your right to cancel your order, you need to inform us in writing (in accordance with clause 8.3) within the cooling off period. In this case, you will receive a full refund for the Products subject to your compliance with our refunds policy (set out in clause 13).
- In order to cancel a Contract, you must inform us in writing by post (to the address at clause 8.4) or email (EMAIL ADDRESS HERE) or by completing the returns form contained within the packaging of your order and returning the Products (“Returns Form”). Products that are returned in accordance with this clause will be returned at your own cost. We strongly advise that you should obtain a certificate of posting from the Post Office or send the Products back via Special Delivery.
- The Products should be returned to us at the following address: Bonnie & Pearl, Bonnie Towers, Southbank, Penhow, NP26 3AJ.
- The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Products you ordered, please see clause 9.5 for what happens in this event.
- Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
- 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.
- The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page.
- Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
- where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
- if the Product's correct price is higher than the price stated on our site, we will contact you by email as soon as possible to 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 by email.
- We may from time to time offer discounts, special offers or promotions in relation to the Price or any of the Products. We will endeavour to specify the length of time for which such discounts, special offers or promotions will be available, but please note that these will be subject to stock availability.
- Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
- Delivery will be made to the address specified by you in the order. Please be aware, the delivery address will automatically default to the billing address you have entered for your Payment Card. There is an option to change the delivery address during the checkout process should you wish us to deliver to an alternative address. Please note the delivery address cannot be changed once the order has been received by us. All deliveries are by courier and/or Royal Mail.
- We will endeavour to deliver to customers within the United Kingdom as follows:
- Standard Delivery – within 3-4 Working Days (i.e. Monday to Friday, excluding weekends and UK public holidays) after we receive your order.
- Express Delivery – within 1 Working Day (providing that the order is placed before 10.00am on the previous Working Day of receipt of order).
- Dispatch times may vary according to availability. Any delivery date set out in the Dispatch Confirmation or elsewhere is an estimate only. Delivery times are dependent upon the postal or courier service and therefore subject to any postal delays, or events outside of our control for which we shall not be responsible.
- We will not deliver to a post office box (PO Box) address. We also reserve the right not to deliver to a communal post office address. The address supplied by you must have a valid postcode.
- All Products must be signed for on delivery at the address. If no-one is at the address when delivery is attempted the Products may be retained by the driver, in which case the driver will leave notification of attempted delivery and may telephone to rearrange or will return to redeliver the Products the following working day. If we have to return to deliver the Products on a separate occasion a further delivery charge may become payable.
Ownership of Products
- Ownership of and responsibility of the Products will pass to you when the Products have been delivered to you. The Products will not be dispatched until we have received payment of the Price in full cleared funds, together with any delivery charges payable by you.
- If you return Products to us because you have cancelled the Contract (in accordance with clause 8.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of our receipt of your Cancellation Notification. In this case, we will refund the price of the Products in full, including our delivery charge. However, you will be responsible for the cost of returning the Products to us.
- If you wish to obtain a refund because the Products are defective, the Products must be returned to us as soon as reasonably possible after you have detected the fault. We will examine the returned Products and will notify you, via e-mail, within a reasonable period of time regarding your eligibility for a refund. We will process the refund due to you as soon as possible and, in any case, within thirty (30) days of the date of the email confirmation that you were entitled to a refund. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the Products to you and the cost incurred by you in returning the item to us.
- The Products are recommended for use by persons aged 8 years old and over. We shall have no liability to you in respect of Products which are damaged through: (i) fair wear and tear; (ii) misuse; or (iii) use of the Products which is not in accordance with the Product guidance information provided by us. FOR THE AVOIDANCE OF DOUBT, unless the Products are shown to be are defective or faulty in accordance with clause 13.2, we shall have no responsibility or liability in respect of damaged Products.
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
- We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
Right to Vary these Terms and Conditions
- We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
- You will be subject to the Terms in force at the time that you order Products from us, unless any change to these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these Terms before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Events outside our Control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control including acts of God, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (whether or not involving our employees), or acts of local or central government or other competent authorities, or for non-availability of materials or other items from our suppliers. Such failure shall not be regarded as a breach of obligations and/or the Contract until such time (if any) as we shall be able to perform such obligations and do not do so.
- If any of these Terms are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law
Governing Law and Jurisdiction
- All Contracts for the purchase of Products through our site will be governed by the Laws of England and Wales. Any dispute arising from, or related to, such Contracts shall be subject to the jurisdiction of the courts of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the courts of England and Wales in the event of any dispute.
If you return Products to us because you have cancelled the Contract (in accordance with clause 8), we will process the refund due to you within 14 days of receiving the Products back from you. In this case, we will refund the price of the Products in full, unless the value of the Product has been diminished by any amount as a result of handling the goods by you beyond what is necessary to establish the nature, character and functioning of the Products, including our delivery charge. Should the value of the goods be diminished, we will subtract that value from the full price of the Products. You will be responsible for the cost of returning the Products to us.