TERMS & CONDITIONS
“Seller/we/our/us/peachandsorrel.com” means peachandsorrel.com Ltd, 270 Fleur de Lys, Birkirkara, BKR 9069, Malta. and the company’s website www.peachandsorrel.com .
“Customer” means the person or company to whom this document is addressed.
“Website” shall mean, peachandsorrel.com or any other subdomains of peachandsorrel.com which may be accessible unless expressly excluded by their own terms and conditions.
“Order” shall mean the submission of an order for products on the “Website” by the “Customer”
These terms and conditions are applicable to the supply of products made by the Seller, hereafter referred as peachandsorrel.com, to the buyer hereafter referred as the Customer.
These Terms apply to consumers only. If you own a Professional Account with Peach & Sorrel Ltd, then please see ___________ for the terms which apply to you.
We amend these Terms from time to time. Each time you wish to order products please check these Terms to ensure you understand the Terms which will apply at that time.
Every time you order products the Terms in force at that time will apply to the contract between us.
These Terms were last changed on 28th November 2014.
The PEACH & SORREL website is owned and operated by Peach & Sorrel Ltd Registered Office: 270, Fleur-de-Lys Road, Birkirkara Malta (Company number C18586). Our VAT number is 1390 6523
We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on purchase.
SHOPPING WITH PEACH & SORREL Ltd
You can order products in the following ways:
- online via this website
- by telephoning +356 2144 6640
When you place an order for a product in any of the ways described above you are offering to buy it for the price stated, subject to these Terms.
When you place your order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your order and all orders are subject to availability. Once we have sent the confirmation email we will then check availability and if the product is not available we will contact you by email and will not process your order.
Please note that the packaging of our products may vary from images on our site.
We may cancel any sale and not supply Products if it is reasonable to do so and may change or discontinue the availability of Products at any time at its sole discretion. If an order is cancelled, any payment made for the Products will be refunded in full. This does not affect your Statutory Rights.
Orders may be processed online, using PayPal. To ensure that shopping online is secure, your credit/debit card details will be encrypted to minimise the possibility of someone being able to read them as they are sent over the Internet. Payment for the products and all applicable delivery charges is in advance. Your credit card or debit card is charged when your order is placed.
We use PayPay, a company with the latest security measures to protect your details when you shop with us.
If you look up at the URL of the shopping basket page you will notice that it begins with https://. This means that it is on a Secure Server and all transactions that take place are encrypted between your browser and the server. Nobody is able to obtain your credit card details nor other information. Of equal importance is the security which surrounds the payment system. By making use of PayPay we have a sophisticated online trading system available. It allows us to safely process your credit card payment with the bank, and complete the financial transactions securely behind protected firewalls.
No personal or financial details are left unencrypted on a remote server, and such details are never sent by internet email.
Your credit card company may also do security checks to confirm it is you making the order.
All order details and invoices will be sent with your goods to the delivery address that you specify at the point of placing your order.
The price for each Product on www.peachandsorrel.com is shown in Euro and includes VAT at the applicable rate chargeable in Malta 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.
We always try to make sure that the prices on www.peachandsorrel.com are accurate but errors may occur. If we discover an error in pricing of the Products in your order we will inform you as soon as possible using the contact details you supply us with. We will then give you the option of reconfirming your order at the correct price or cancelling it. (If we are unable to reach you we will treat the order as cancelled). If an order is cancelled, any payment made for the Products will be refunded in full. Prices for our products may change from time to time but changes will not affect any order which has been dispatched or for which we have issued a dispatch confirmation. Please note that if a pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing that we do not have to provide the products to you at the incorrect (lower) price.
You will be notified of the delivery costs automatically before you submit your credit or debit card details, based on the delivery address you specify.
There will be no contract of any kind between you and us unless we actually dispatch the products to you. Your order (including payment) is an offer to buy from us, so nothing we do or say will amount to any acceptance of that offer until we actually send the product to you. At any point up until then, we may decide not to send the products to you and to give you a full refund. At the moment the goods are dispatched (and not before), a contract will be made between you and us. If we are unable to supply you with a product, for example because that product is not in stock or is no longer available or because of an error in price on our site 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.
DELIVERY AND CHARGES
ITEMS ARE DELIVERED TO MALTA AND GOZO ONLY.
There are no delivery charges for Malta orders. Most orders will be delivered within 3 to 4 working days between the hours of 9.00am and 5.30pm. No orders are processed, dispatched or delivered on National or Public Holidays or weekends.
All Gozo deliveries will be made against a postal charge of €3.50. This amount will be collected upon delivery. You can choose to collect your items in store instead from our outlets. Peach & Sorrel will call to confirm collection outlet, date and time.
We welcome all feedback about our service and we aim to deal with any problems or difficulties experienced by our customers both quickly and fairly. We have a simple but comprehensive returns and refunds policy which means that we can get to the bottom of most queries quickly and easily over the phone. For issues that cannot be dealt with immediately we will endeavour to respond within 24 hours either with a solution or with an expected timescale to put an end to the issue. If you feel you have a complaint you wish to make please click here to email us or call our customer service team on +356 2144 6640
PASSING OF RISK
Customer will assume risk of the products ordered once they have been delivered to the address specified on the Order. Peachandsorrel.com accept no liability for undelivered parcels where the Customer provides an incorrect or invalid delivery address and/or fails to collect the Order from the delivery address specified
AVAILABILITY OF PRODUCTS
We try to keep www.peachandsorrel.com as up to date as possible but cannot guarantee that particular product will always be available.
All offers are available while stocks last. If we are unable to supply a product you have ordered, we will notify you as soon as we can after receiving your order. If this happens, you may cancel your order and we will refund you the money you have paid for it.
We try and offer you the best service we can. But we cannot promise that all our products and services will meet your requirements and we cannot guarantee that opiuk.com will be fault free. If you find a fault, please let us know by emailing us by clicking here.
There will be some times when your access to the www.peachandsorrel.com website is restricted to allow for repairs, maintenance or improvements.
LIABILITY OF PEACH & SORREL Ltd
The www.peachandsorrel.com website is provided by us without any warranties or guarantees. You must bear the risks associated with the use of the Internet. If we are informed of any inaccuracies in the material on www.peachandsorrel.com we will try to correct them as soon as we can.
In particular we are not liable to you for the following:
Incompatibility of www.peachandsorrel.com with any of your computer or telecommunications equipment or software Technical problems or errors or interruptions of www.peachandsorrel.com Inadequacy of www.peachandsorrel.com to meet your requirements
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (included but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss or privacy or loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related www.peachandsorrel.com
Nothing in the above paragraph applies to liability in respect of products sold through www.peachandsorrel.com
If we fail to comply with these Terms we are responsible for loss or damage that you suffer that is a foreseeable result of our breach of these Terms or our negligence but we are not responsible for any damage which 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 to you for domestic and private use. You agree not to use the products 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. Nothing in these Terms and Conditions excludes 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.
The content of www.peachandsorrel.com is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of www.peachandsorrel.com on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on www.peachandsorrel.com without written permission from us.
No license is granted to you in these Terms to use any trademark or service marks of PEACH & SORREL Ltd or its licensors including, without limitation, the trade marks, or service marks.
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully in accordance with the Data Protection Act.
PEACH & SORREL Ltd (“we” or “us) are committed to protecting and respecting your privacy.
This policy sets out the basis on which any personal data that we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
We are registered under the Data Protection Act 1998. We will only use the information that we collect about you lawfully in accordance with the Data Protection Act.
For the purposes of the Data Protection Act the data controller is:
Peach & Sorrel Ltd, 270, Fleur-de-Lys Road, Birkirkara, BKR9069 Malta
Your use of this website signifies your consent to us collecting and using personal data about you as specified below in accordance with this policy. Should we choose to change these terms for any reason, the changes will be posted here so that you are always kept informed about the collection and use of your personal information, and when we disclose it.
How do we collect personal information about you and how is it used?
You may provide personal information when communicating with us.
You may use our services and give your name and e-mail address to make a comment about our services or website.
If you enter a competition or promotion we will ask your name, address and e-mail address.
When you place an order or contact us, we may ask you for certain information and you may submit personal data to [email protected] (for example your name, phone number, postal address, email address, contact and back/credit card details)
We may also collect information about your computer, including where available your IP address, operating system and browser type, for statistical administration and to report aggregate information to our advertisers.
This is statistical information about our users’ browsing patters and actions and does not identify any individual.
Your information will be kept securely in accordance with our internal security policy and may be used to:
- Process your order
- Provide you with an up-to-date, efficient and reliable service
- Help fraud protection
- Open and run your account
- Administer prize draws
- Provide a more personal shopping experience.
- To ensure that content from our site is presented in the most effective manner for you and your computer
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes
- To notify you about changes to our services
By placing an order with us and submitting your data you agree to this use.
We may also collect information about what products you are interested in and which products you purchase, both when you tell us and by analysis of customer traffic, including using cookies.
We will never collect sensitive information about you without your explicit consent.
It may be that you provide us details of credit or debit cards or bank accounts in making payment to us. Any such information (confidential financial information) will be disclosed only in accordance with the disclosure policy below.
We may use personal information collected about you to analyse customer traffic patterns and site use and to help us develop the layout of our website to ensure that our site is as useful and enjoyable as possible.
We may use personal information collected about you to let you know about functions on our website or changes to our terms and conditions of use.
We may provide aggregate statistics about sales, customers, traffic patterns and information to third parties, but these statistics will not include any information that identifies you.
We reserve the right to access and disclose individually identifiable information to enable us to comply with applicable laws and lawful government requests and to operate our systems.
We may also disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.
We may disclose your personal information to third parties:
- in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- to protect our rights, property or safety or that of our customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
HOW DO WE PROTECT INFORMATION
We have strict security procedures covering the storage of your information in order to prevent unauthorised access and to comply with the terms of the Data Protection Act 1998. This means that sometimes we may ask you for proof of identity or for other personal information before we can process your call or enquiry further.
All payment transactions will be encrypted using SSL technology. Where we have given you (or you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk.
PEACH & SORREL Ltd will not send you any marketing emails or pass your information on to third parties unless you give us your consent, or unless we have it already.
If you have used PEACH & SORREL Ltd in the past or have ordered products, it is possible that we have this information already and it is being used to contact you about offers, events or items that you may find useful. If you are an existing customer we will continue to keep you informed unless you tell us not to.
WHAT ARE COOKIES AND WHAT DO WE DO WITH THEM?
In order to improve our service and PEACH & SORREL Ltd we may use a device known as a cookie.
This is a piece of information that is stored on your computer’s hard drive. It is normally sent by a web server to you and enables the server to collect information back from your site visit. Cookies also help to distinguish you from other users of our website.
You have the right to ask us not to process your personal data for marketing purposes, we will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes.
You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.
Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Data Protection Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of €10 to meet our costs in providing you with details of the information we hold about you.
HOW TO CONTACT US
If you have any questions or concerns about this policy, please don’t hesitate to contact us. All marketing queries and questions, comments and requests about this policy should be addressed to our marketing team and all other queries to our sales team. Marketing: [email protected] . Sales: [email protected] Phone: 21446640
We may update these Terms from time to time and these changes will apply to the use of www.peachandsorrel.com . If you do not wish to accept the new Terms you should not continue to use www.peachandsorrel.com. If you continue to use www.peachandsorrel.com after the date on which the change comes into effect, your use of www.peachandsorrel.com indicates your agreement to be bound by the new Terms.
The Customer shall inspect the goods within a reasonable time after their receipt and shall be deemed to have accepted the goods unless within 14 days after their receipt the Customer shall have notified the seller in writing or by email that the goods are rejected (this does not however affect the customer’s statutory rights). If no such action has been taken, Peachandsorrel.com shall consider the products being as described, of satisfactory quality and fit for their purposes, and may not accept any reject at a later date.
Please read the instructions, manuals and other user documentation that comes with your Products carefully. You are urged to use all Products safely and in accordance with the guidelines.
PEACH & SORREL Ltd may change or withdraw any part of www.peachandsorrel.com, or may refuse you access to the web site at any time if we consider it necessary.
PEACH & SORREL Ltd may also terminate this Agreement and immediately remove, cancel or suspend access to and use of www.peachandsorrel.com upon breach of any part of these Terms whatsoever.
PEACH & SORREL Ltd may transfer our rights and obligations under a contract with you to another organisation, but this will not affect your rights or our obligations under these Terms.
Termination shall be without prejudice to PEACH & SORREL Ltd’s other rights.
PEACH & SORREL Ltd acts as principal on its own account and not as agent for you or any other person.
If PEACH & SORREL Ltd does not enforce any provision of these Terms such will not be considered a continuing waiver.
In the event that any part of these Terms is held to be unenforceable, such part will at PEACH & SORREL Ltd’s option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect.
These Terms constitute the full agreement between you and PEACH & SORREL Ltd and may only be amended in writing. They apply to the exclusion of all other terms or conditions of contract proposed. Since we are only aiming www.peachandsorrel.com at the Maltese market, we cannot guarantee that it accords with local laws of any other countries.
Use of PEACH & SORREL Ltd and these terms are subject to the laws of Malta and the jurisdiction of the Maltese Courts. This means a contract for the purchase of products through our site and any dispute or claim arising out of or in connection with it will be governed by Maltese law. You and we both agree that the courts of Malta will have exclusive jurisdiction.
RETURNS & REFUNDS
We believe that you will be thrilled with the products you purchase but understand that there may be an occasion where you feel it necessary to return an item. As part of our commitment to customer service, we aim to keep these instances to a minimum and the process as simple as possible.
If you are a consumer you have a legal right to cancel a contract during the period set out below. This means that during the relevant period if you change your mind or for any other reason, decide you do not want to keep a product you can notify us of your decision to cancel the contract between us and receive a refund.
Please note that this only applies to unopened and unused products only.
Advice about your legal rights to cancel the contract is available from the Consumer Advice Bureau or Trading Standards office.
Your legal right to cancel the contract between us starts from the date we send you a dispatch confirmation which is when the contract between us is formed. If the products have already been delivered to you, you have a period of seven (7) days in which you may cancel, starting from the day after the day you receive the products. Saturdays, Sundays, national and public holidays are included in this period.
If you choose to cancel the contract we will refund you any money (including delivery charges) which you have paid us for that product. We will process the refund due to you as soon as possible and in any event within 30 calendar days of the day on which you gave us notice of cancellation. All you pay for is the return postage (preferably using MaltaPost Delivery) of the goods. In order to cancel the contract please contact us by telephone on 2144 6640 or email us [email protected] to inform us that you wish to return the goods and we will allocate you with a returns code. To enable us to deal with your return as efficiently as possible, you will need to detail the returns code on any correspondence relating to the return procedure, including the package of returned goods. For faulty goods or goods which were inaccurately described or incorrect please see below.
We will refund you on the credit card or debit card used by you to pay.
FAULTY / INCORRECT GOODS
As a consumer you have legal rights in relation to products which are faulty or not as described. Advice about your legal rights is available from the Consumer Advice Bureau or Trading Standards office. Nothing in these Terms will affect those legal rights.
If you receive an item from us which is faulty/broken or which you did not order, please contact us by telephone on 2144 6640 or click here to email us to inform us within 30 days of purchase and we will arrange a refund including any applicable delivery charges or a replacement. In the event of you returning goods to us we will also pay you the reasonable cost of the return postage. Please contact us prior to returning the items and we will allocate you a returns code and we will advise you how to send or whether to send the items back to us. To enable us to deal with your return as efficiently as possible, you will need to detail the returns code on any correspondence relating to the return procedure, including the package of returned goods. We ask that you return the items back to us at PEACH & SORREL Ltd, 270, Fleur-de-Lys Road, Birkirkara so that we can refund you for your item/s.
For help or advice with products after 30 days or purchase, please click here to email us for more information.
Website Returns Department
PEACH & SORREL Ltd
270, Fleur-de-Lys Road,
Tel: 2144 6640