Tilly and Pearl Terms and Conditions
Effective Date: 14.02.12
Welcome to the TillyandPearl website (the "TillyandPearl Site" or the "Site"). TillyandPearl ("TillyandPearl", "we", "us" or "our") provides the services available on the Site to you subject to the following terms and conditions (the "Terms and Conditions").
By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
To be eligible to purchase goods on this Site and to lawfully enter into and form contracts on this Site under English law you must: (a) be aged 18 or older' and (b) register on the Site; and (c) be the holder of a valid debit/credit card.
This contract shall be concluded in English.
All prices indicated for products available via the Site are inclusive of VAT (where applicable*) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges as set out in the Delivery & Returns section of the Site. * Please note all items of baby clothing are zero rated for VAT purposes.
4.) Placing an Order and Order Acceptance
You will be guided through the process of placing an order by a series of simple instructions on the Site. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order. You place your order request for goods from the TillyandPearl Site by completing the payment process (Paypal, Google or Bank Transfer) once you have selected your items.
Once you have placed your order, we will send to you an email acknowledgement providing you with the details and value of your order, which has been debited to your credit/debit card. This is not an order acceptance from TillyandPearl.
Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Cancellation section of the Site, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched to you, you will need to follow the procedure as set out in the Cancellation, Refunds and Exchanges
section of the website.
You may pay using any of the methods specified in the Payments section of this Site. You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
6.) Title to Goods
All goods remain the property of TillyandPearl until payment is made in full. We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
Please note that all products and descriptions are accurate at the time of publishing, however there may be the odd occasion where items are out of stock. In this case, we reserve the right to replace items with those of similar or higher value if for any reason any stock is unavailable at the delivery time required.
7.) Risk of Loss
Risk in the goods will pass to you upon delivery to you.
We will deliver the goods in accordance with the delivery option selected by you during the order process. See Delivery section of our Site. Any delivery timescales quoted to you are indicative only. We do not accept any liability whatsoever for delayed delivery caused by any third party.
9.) Acceptance of Goods
Upon receipt, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Returns Policy & Procedure. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date. Your statutory rights are not affected.
If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact us on 0800 6129076 during normal opening hours or email firstname.lastname@example.org.
10.) Third Party Links
We are not responsible for the content of any off-Site pages or any other Sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Site pages or other Sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other Sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other Sites that you visit.
11.) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website [except for content specifically and expressly made available for redistribution (such as our newsletter).
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
12.) Acceptable Use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
13.) Limited warranties
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the fullest extent permitted at law, TillyandPearl is providing this website and its contents on an "as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind with respect to this website or its contents including, without limitation, warranties of merchantability and fitness for a particular purpose. Some products carry age warnings regarding suitability for children under 36 months. It is the recipients responsibility to adhere to these warnings.
Except as specifically stated on this website, to the fullest extent permitted at law, TillyandPearl will not be liable for damages arising out of or in connection with the use of this website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
15.) Data Protection
TillyandPearl conforms with the requirements of the Data Protection Act, 1998. Any personal information we gather from you will only be used to ensure you get the best possible service from TillyandPearl. We may have to disclose your information to service suppliers to complete and deliver your order. When you give us your personal information you consent to this disclosure and to allow us to make our service available to you. We do not send random marketing emails to personal email addresses (spam).
16.) Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19.) Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
20.) Our details
TillyandPearl is owned by Christopher and Alison Arbery
Our Address is:
8 Naishes Avenue
Peasedown St John
21.) Law and Jurisdiction:
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.
22.) TillyandPearl Gift Certificates:
For terms and conditions governing the purchase, use and redemption of TillyandPearl Gift Certificates please click here
23.) Loyalty Reward Points Programme:
a.) TillyandPearl customers can earn reward points on all purchases made at TillyandPearl. Points are awarded automatically for every qualifying purchase.
b.) Reward points will only be added once your order has completed and cannot be added at a later date. You will be informed of your current points balance during the checkout process.
c.) Reward points cannot be earned on purchases made prior to the commencement of the TillyandPearl loyalty reward scheme.
d.) Points are awarded on every purchase. The more you spend the more points you will earn. Certain products/items may, at the discretion of TillyandPearl, be included or excluded at any time.
e.) Customers will receive points on qualifying purchases calculated at the rate of 1 point for every £1 spent. Each point has a ‘reward’ value of £0.10. eg, for a £100 qualifying spend, 100 points (worth £10.00) would be awarded.
TillyandPearl reserves the right to vary the rate at which reward points are earned at any time.
f.) How to redeem reward points
During the checkout purchase for an order you will automatically be informed of how many points you currently have and how many points will be awarded for the new purchase. You will only be able to use reward points on future purchases.
g.) TillyandPearl customers can redeem existing reward points against all TillyandPearl purchases at a value of £0.10 per 1 point. As long as you have earned at least £5.00 worth of reward points you can redeem them against the purchases you make. No change or credit will be given for any overpayment using points. TillyandPearl reserves the right to vary the number of points required to be redeemed against a purchase or to exclude (at any time) certain products from the TillyandPearl loyalty points reward scheme.
h.) Reward points will be earned on products where points have been redeemed as payment or part payment for that product.
Reward points have no cash redemption value.
i.) Reward points are awarded to individual customers and cannot be exchanged, sold or transferred to another customer’s account. Reward points are valid for up to 6 months from the date of the last qualifying purchase – this includes previously awarded points.
j.) If a transaction on which points are earned or redeemed is cancelled or reversed or a product is returned (in accordance with TillyandPearl’s returns policy) TillyandPearl will reverse the associated points earned or redeemed.
TillyandPearl reserves the right to amend the specific terms and conditions of the loyalty reward scheme, or suspend or terminate the reward scheme at any time. Earning or redeeming points will constitute acceptance of any amended Terms and Conditions.