Terms & Conditions For The Sale Of Goods

We are Palm Branch Ltd, Registered Company Number 14613794.

These Conditions, together with any and all other documents referred to herein, set out the terms on which we provide our Products to you through this Website. Please read these Conditions carefully and ensure that you understand them before purchasing any Products from us.

You will be required to accept these Conditions when ordering Products from us.

If you do not agree to comply with and be bound by these Conditions, you will not be able to proceed with your purchase.

Cancellation by us

We reserve the right to cancel the contract between us if:

  1. a)we have insufficient stock to deliver the goods you have ordered;
  2. b)payment in full has not been received;
  3. c)we do not deliver to your area; or
  4. d)one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

Use of our Website is subject to our Website Terms of Use

Please ensure that you have read them carefully and that you understand them.

All personal information that we may collect from you will be collected, used and held in accordance with our Privacy Policy.

Online Store Terms

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any British laws (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions

The contract between you and us:

After you have placed your order, you will receive a confirmation email from us acknowledging receipt of your order. Please note that this does not mean that your order has been accepted. Your online order constitutes an offer to buy a product/s from us.

All orders are subject to acceptance by us, and we shall confirm said acceptance to you by sending you a further email that confirms the product/s has been dispatched for delivery. The contract between you and us will only be formed when we confirm your product has been dispatched for delivery.

The Contract will relate only to those Products whose dispatch we have confirmed.

We will not be obliged to supply any other Products which may have been part of your order until the dispatch and delivery has been confirmed.

We reserve the right to refuse our services to anyone for any reason at any time.

You understand and accept that using our online shopping service the content you supply when filling out details and personal information ( not including credit card information), may be transferred unencrypted over various networks.

Credit card information is always encrypted using SSL ( Secure Sockets Layer ) an encryption-based Internet security protocol.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any of the services we provide or access the service or any contact on the website through which the service is provided, without express written permission from us.

Accuracy of Information

We are not responsible if any of the information we provide on our website is not accurate, complete or up to date. The material we provide is for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate sources of information. Any reliance on the material on our website is at your own risk.

We reserve the right to modify the information and content of this site at any time without prior notice. You agree that it is your responsibility to monitor any changes to our website.

Data Protection ( GDPR)

We treat your personal information in accordance to the data protection laws of the UK and the current GDPR as included in our Privacy Policy, please this carefully before proceeding to use any of our services.

Age Restrictions

You may only purchase Goods through the Website if you are at least 18 years of age.

Supply of Goods

  1. We shall supply the Goods to you in accordance with the Order in all material respects.
  1. We shall have the right to make any changes to the Goods which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Goods, and we shall notify you in any such event.

Your Obligations

You agree to:

  1. Ensure that the terms of the Order and any information it provides in the Order are complete and accurate.
  2. provide us with such information as we may reasonably require in order to supply the Goods, and ensure that such information is accurate.

Charges & Payment

  1. The Charges for the Goods shall be as set out in the Order or, if no price is quoted, the price set out on the Website at the time the order is placed. If there are any discrepancies between prices published on our Website and prices appearing in an Order, the prices in the Order shall prevail.
  1. The Charges shall be payable in full in cleared funds upon placement of an Order. Payment shall be made using the Stripe Secure Payments Gateway. Time of payment is of the essence. Your financial information is kept secure during transmission through our use of Secure Sockets Layer (“SSL”) software.
  1. If you fail to make any payment due to us by the due date for payment, then we reserve the right to suspend your Order.
  1. We reserve the right to amend the Charges at any time and to add, alter, or remove special offers from time to time. Changes in price will not affect any Order that you have already purchased but will apply to any future Orders.
  1. You shall pay all amounts due in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may at any time, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.

Delivery

  1. The Goods will be delivered to you using the services of theRoyal Mail or other reputable transport and delivery companies to the address you provided during the Order process.
  1. If we have agreed to deliver the Goods to a delivery address which you have given us, delivery shall occur when we place the Goods in the physical possession of you or anyone you have identified to us as the person authorised by you to take delivery of the Goods.
  1. If no one is present at your delivery address to take delivery, we will advise you of our attempted delivery. You must then contact us to make arrangements for us to deliver the Goods.

Cancellation

  1. You may cancel your Order at any time from the time you place your Order until the expiry of 14 calendar days after the day you receive the Goods. Subject to clause 8.2, you may cancel the Contract at any time during this time by notifying us of your decision to cancel. You may notify us of your decision to cancel by sending us an email to [email protected] or filling out the contact form on our Website.
  2. You will not have a right to cancel in the following situations:

a) Your Order is for goods which are bespoke or have been personalised.

b) Your Order is for the supply of sealed goods that are not suitable for return due to health protection or hygiene reasons and they have become unsealed after delivery.

Return of Goods

  1. Upon receiving notice of your cancellation, you must complete the returns form included in the parcel with details of where you must return the Goods and other relevant instructions. You must then return the Goods to us without delay and at the latest within 30 days of notifying us of your cancellation.
  1. You must return the Goods at your own risk and at your own cost unless we offer to pay the cost of return.
  1. If the value of the Goods is reduced as a result of your handling of them beyond what is necessary to determine the nature, characteristics or functioning of the Goods, we will be entitled to claim this reduction in value from you and to deduct it from any money which you have paid us.

Intellectual Property Rights

All Intellectual Property Rights in or arising out of or in connection with the Website and the Goods shall be owned by us or our licensors. We will pursue all legal options to enforce any issues arising out of Chapter IV of the Copyright, Designs and Patents Act 1988.

Liabilities

  1. We shall under no circumstances whatever be liable to you for any losses (whether direct or indirect) due to order made through our online website.
  2. The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
  3. You are liable to indemnify us against any costs, liability, damages, loss, expenses, claims or proceedings arising from loss or damage (including that belonging to any third parties appointed by us) caused by any breach of our terms and conditions or any other liabilities arising out of the use of the Website or the Goods by you.
  4. We will not be responsible for any delay in delivering the Goods if we have asked you to provide specified information that is necessary for delivering the Goods, and you have failed to provide complete and accurate information or you have provided such information later than the date we have asked you to supply it by.

Consumer Rights in Respect of Defective Products

  1. If you are a consumer we are under a legal duty to supply Goods that are in conformity with these Conditions. Nothing in these Conditions will affect your legal rights.
  2. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website at adviceguide.org.uk.
  1. The Consumer Rights Act 2015 says that any goods sold must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods your legal rights entitle you to the following:
  2. Up to 30 days: if your goods are faulty then you can get an immediate refund.
  3. Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund in most cases.
  4. Up to six years: if your goods do not last a reasonable length of time, you may be entitled to some money back.

General

Severance.

  1. If any provision or part-provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Conditions.
  2. If any provision or part-provision of these Conditions is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
  3. A waiver of any right under these Conditions or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
  4. We may revise these Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If we change these Conditions as they relate to your Order, we will give you reasonable advance notice of the changes and provide details of how to cancel your Order if you are not happy with the changes.

 

Governing law. These Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales.

Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Conditions or its subject matter or formation (including non-contractual disputes or claims).