Terms and Conditions
PACIFIC WORLD LIMITED
WEBSITE TERMS AND CONDITIONS OF SUPPLY
Last updated: 11th August 2017
This page, and the documents referred to in it, sets out the terms and conditions on which we supply any of the products (Products) listed on our website www.sensationail.co.uk (our Website) to you. Please read these terms and conditions of supply (Terms and Conditions) carefully before ordering any Products from our Website.
By placing an order with us and/or by accessing this Website, you agree to be bound by these Terms and Conditions.
You should print a copy of these Terms and Conditions for future reference.
- INFORMATION ABOUT US
1.1 We operate the Website www.sensationail.co.uk. We are Pacific World Limited, a company registered in England and Wales under company number 04243071 and our registered office is at 11 Waterloo Street,
Birmingham, B25TB United Kingdom
1.2 References to “Sensationail”, “we”, “us”, “our” and “ours” in these Terms and Conditions means Pacific World Limited.
1.3 Through our Website, we offer you the possibility to:
1.3.1 register with us;
1.3.2 subscribe for email newsletters and offer updates;
1.3.3 contact us via the 'contact box'; and
1.3.4 buy our Products online.
Our Website is primarily intended for use by people resident in the United Kingdom. We may accept orders from individuals outside the United Kingdom. If you are an individual outside of the United Kingdom and would like to place an order with us, please email us at firstname.lastname@example.org.
- YOUR STATUS
By placing an order through our Website, you warrant that:
3.1 you are legally capable of entering into binding contracts; and
3.2 you are at least 18 years old; and
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After selecting the Product(s) you wish to purchase, you will be requested to make an online payment with a debit or credit card. Upon completion of the order and payment process, we will send you an order confirmation receipt via email (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation via email as mentioned above.
- CONSUMER RIGHTS
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within fourteen (14) working days, beginning on the day after you receive the Products. In this case, you will receive a full refund of the price paid for the Product(s) including our delivery charges. However, you will be responsible for the costs you incur in returning the Product(s) to us.
5.2 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your other statutory rights as a consumer. These terms will be available on a link provided in the Order Confirmation.
6.1 After you have placed an order with us, we will aim to deliver the Product(s) to you within the time frames as specified in clause 6.2 below. Whilst we will use reasonable endeavours to deliver the Product(s) to you within the specified timeframe, delays are occasionally inevitable due to unforeseen factors. Pacific World will be under no liability for any delay or failure to deliver the Product(s) with this timeframe.
6.2 The following delivery charges and time frames apply to all orders:
6.2.1 We will aim to dispatch all orders received by 12pm Monday to Friday by first class post. Delivery costs are £3.95 for orders up to £29.99. Orders of £30.00 or over are free. . Please note that gift vouchers do not count towards the £30 free delivery threshold.
6.2.2 Alternatively, we can dispatch by courier service for guaranteed next day delivery service for £7.00.
6.2.3 The delivery charges as outlined in clause 6.2.1 and 6.2.2 above only apply to deliveries in mainland UK.
6.2.4 For destinations outside of the UK, please email us at email@example.com for a quotation.
6.2.5 First class items often arrive the next day, but please allow a minimum of two to four working days for delivery from the date you place your order. If the Product is in stock, we will aim to dispatch it within 24 hours. If you require the Product urgently, please call us on 0121 222 5088 or email us at firstname.lastname@example.org.
6.2.6 If your requested Product is not in stock, we will place a back order for you and let you know the expected delivery date. If this date is not suitable (e.g. if you need the Product sooner) we will cancel your order and give you a refund. Please note that gift vouchers do not count towards the £30 free delivery threshold.
- RISK AND TITLE
Ownership of the Product(s) will pass to you on the date when the Product(s) are delivered to your address or on the date of the first attempted delivery by us, whichever is the earlier.
- PRICE AND PAYMENT
8.1 Our prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you our Order Confirmation.
8.2 Our Website contains a large number of Products and it is always possible that some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our confirmation procedures. If a Product’s correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before proceeding with your order, or reject your order and notify you of such rejection.
8.3 We are under no obligation to provide the Products to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
8.4 Payment for Products must be by credit or debit card. We will not charge your credit or debit card until we dispatch your Product.
- CANCELLATION AND REFUNDS POLICY
9.1 You may cancel your order within the fourteen-day cooling-off period (see clause 5 above) without incurring any additional charges provided that the Products are returned to us in a saleable condition and in original packaging.
9.2 We also offer a 30-day money back guarantee on all Products provided that they are returned to us in a saleable condition and in original packaging.
9.3 It is your responsibility to let us know if you want to cancel your order by letter or by emailing us at email@example.com . Products must be returned to us at your own expense. We recommend that you use a recorded delivery service when you return the Products to cover you for loss or damage in the post. There is no extra charge to exchange Products unless there is a difference in price in the Products being exchanged. We will process any refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the entire amount cleared on the day of the order.
9.4 If you receive a faulty Product and would like a refund, please return the Product to us in its original packaging. We will then examine the returned Product and if the Product is found to be faulty you will have the option of either: (i) a replacement Product; or (ii) a full refund. We will reimburse you for the costs that you have incurred in returning the faulty Product, provided that such costs are reasonable and that you also include proof of postage (e.g. a royal mail certificate of posting).
9.5 The guarantees described in clauses 9.2, 9.3 and 9.4 above are in addition to your legal rights in relation to Products that are faulty. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9.6 The amount of any refund owed to you will be returned to the credit or debit card that you used to purchase the Product.
9.7 If any product purchased with a gift card is subsequently exchanged for a product of a lower price or a refund, any money owing will be added to the remaining balance on the card.
10.1 Gift cards can be redeemed at www.sensationail.co.uk. They may be exchanged for goods of a higher price than the face value of the card on payment of the difference.
10.2 Gift cards cannot be exchanged for cash.
10.3 Gift cards are valid for 24 months from the date of the last transaction on the gift card or from the date the gift card was purchased, whichever is the later. Any remaining balance will be cancelled on expiry of the validity period. Balance enquiries can be obtained by logging into your SensatioNail.co.uk account, by email to firstname.lastname@example.org or by calling 0121 222 5088 (mobile rates may vary).
10.4 If any product purchased with a gift card is subsequently exchanged for a product of a lower price or a refund, any money owing will be added to the remaining balance on the card.
10.5 If you do not spend the entire balance on the gift card, the remaining balance will be updated after each transaction. We will not accept liability for lost, stolen or damaged cards.
10.6 We reserve the right to cancel any gift card if we suspect fraud or other serious misuse.
11.1 Our Sensationail Pro 3060 LED Lamp product (the Lamp) is sold with a third party manufacturer’s guarantee. For details, please refer to the manufacturer’s guarantee provided with the Lamp.
11.2 This guarantee is in addition to your legal rights in relation to the Products that are faulty or not as described above. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
- INTELLECTUAL PROPERTY RIGHTS
12.1 The Sensationail and Pacific World logos, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Website, unless otherwise noted, are service marks, trademarks and/or trade dress of Pacific World Limited and/or Pacific World Corporation (the Marks).
12.2 You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
13.1 Subject to clause 13.3, if we fail to comply with these Terms and Conditions, we shall only be liable to you for the purchase price of the Product.
13.2 Subject to clause 13.3, we will not be liable for losses that result from our failure to comply with these Terms and Conditions that fall into the following categories:
13.2.1 loss of income or revenue;
13.2.2 loss of business;
13.2.3 loss of profits;
13.2.4 loss of anticipated savings;
13.2.5 loss of data; or
13.2.6 waste of management or office time.
However, this clause 13.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories 13.2.1 to 13.2.6 inclusive of this clause 13.2.
13.3 Nothing in this agreement excludes or limits our liability for:
13.3.1 death or personal injury caused by our negligence;
13.3.2 fraud or fraudulent misrepresentation;
13.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979; or
13.3.4 defective products under the Consumer Protection Act 1987; or
13.3.5 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
- WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Pacific World Limited at 11 Waterloo St, Birmingham, B2 5TB, United Kingdom. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- TRANSFER OF RIGHTS AND OBLIGATIONS
16.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.2.1 strikes, lock-outs or other industrial action;
17.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.2.5 impossibility of the use of public or private telecommunications networks; and
17.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
18.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16 above.
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
20.1 These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
20.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them.
20.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
20.4 Nothing in this clause limits or excludes any liability for fraud.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.1 We have the right to revise and amend these Terms and Conditions 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.
21.2 You will be subject to the policies and Terms and Conditions in force at the time that you order products from us, unless any change to those policies or these Terms and Conditions 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 those policies or these Terms and Conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions).
- LAW AND JURISDICTION
Contracts for the purchase of Products through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the law of England and Wales. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Survey and Prize Draw Terms and Conditions
- This Promotion is run by Pacific World Corporation, a company registered in England with registered number 04243071 and registered office at 11 Waterloo Street, Birmingham, B25TB United Kingdom ("Promoter")
- The prize draw (the "Prize Draw") is open to people aged 18 and over who provide their email address when completing the survey or form.
- This Prize Draw is not open to directors or employees (or members of their immediate families) of Promoter or any subsidiary of Promoter. Promoter reserves the right to verify the eligibility of entrants.
- Entrants into the Prize Draw shall be deemed to have accepted these Terms and Conditions.
- Promotion dates: 9am 13thnd March 2018 to midnight 16th March 2018. Entries received outside this time period will not be considered.
- No purchase is necessary to enter this Prize Draw and will not increase your chances of winning.
- One entry per person
- To enter the Prize Draw you must complete the form and submit your name and email address.
- Proof of submission, send or delivery of the entry is not proof of receipt by Pacific World Corporation.
- By submitting your personal information you agree to receive emails from Pacific World Corporation containing offers and developments that we think may interest you. You will be given the opportunity to unsubscribe at each point of email contact.
- One winner will be chosen from a random draw of entries on or within five days of 19th March 2018.
- One winner will receive a SensatioNail manicure set worth £29.99.
- Pacific World Coorporation accepts no responsibility for any costs associated with the prize and not specifically included in the prize.
- The winner will be notified by email on or before 24th March 2018. If a winner does not respond to Pacific World Coorporation within 14 days of being notified, then the winner's prize will be forfeited and Pacific World Corporation shall be entitled to select another winner in accordance with the process described above (and that winner will have to respond to notification of their win within 14 days or else they will also forfeit their prize). If a winner rejects their prize or the entry is invalid or in breach of these Terms and Conditions, the winner's prize will be forfeited and Pacific World Coorporation shall be entitled to select another winner.
- The prize will be sent to the winner by Pacific World Corporation by post or a voucher code emailed.
- The name and country of the winner can be obtained after 24th March 2018 by sending a stamped addressed envelope to the following address: SensatioNail, 11 Waterloo Street, Birmingham, B25TB
- The prize is non-exchangeable, non-transferable, and not redeemable for cash or other prizes.
- Voucher code prizes cannot be applied to existing orders.
- Voucher code prizes cannot be redeemed against gift vouchers.
- Pacific World Corporation prohibits the posting of the Discount Codes or Voucher Codes on the internet or any public forum
- Users of Voucher Codes must be 18 or over.
- The winner may be required to take part in promotional activity related to the Prize Draw and the winner shall participate in such activity on Pacific World Corporation's reasonable request. The winner consents to the use by Pacific World Corporation, both before and after the closing date of the Prize Draw for an unlimited time, of the winner's voice, image, photograph and name for publicity purposes (in any medium, including still photographs and films, and on the internet) and in advertising, marketing or promotional material without additional compensation or prior notice and, in entering the Prize Draw, all entrants consent to the same.
- Pacific World Corporation accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of entering the Prize Draw or accepting the prize. Pacific World Corporation further disclaims liability for any injury or damage to your or any other person's computer relating to or resulting from participation in or downloading any materials in connection with the Prize Draw.
- In the event of any dispute, the decision of Pacific World Corporation is final.
- Pacific World Corporation reserves the right to change the prize draw rules, prizes and these terms and conditions at any time, at its sole discretion and to modify, suspend or cancel any prizes or related promotion at any time.
- Pacific World Corporation reserves the right to cancel or amend the promotion and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter's control. Any changes to the promotion will be notified to entrants as soon as possible.
- These terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.
- For any enquiries, please email email@example.com
TRADE DISCOUNT TERMS AND CONDITIONS
- Trade discount is available to all customers aged 18 or over. No proof of business necessary.
- Discount(s) not valid in conjunction with We Miss You promotion codes.
- Discount(s) not valid in conjunction with other promotion, offers or voucher codes.
- Discount(s) not valid against Gift Voucher purchases.
- Offer valid at sensationail.co.uk only.
- Discount(s) only valid against in-stock, available products at the time of purchase.
- Products purchased using the Trade Discount codes are not eligible for resale.
- Pacific World Corporation reserves the right to cancel or amend the promotion and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter's control.