Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Who we are and how to contact us
Paloma’s Products is a site operated by Paloma’s Products ("We"). We are registered in England and Wales under company number 13419351 and have our registered office at 76 Park Street, Horsham, West Sussex, United Kingdom, RH12 1BX.
We are a limited company
To contact us, please email hello@palomasproducts.co.uk
By using our site you accept these terms.
By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you.
These terms of use refer to the following additional terms, which also apply to your use of our site:
- Our Privacy Policy
We may make changes to these terms.
We amend these terms from time to time.
Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our site.
We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities . We will try to give you reasonable notice of any major changes.
We may suspend or withdraw our site.
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.
We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Our site is only for users in the UK.
Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.
You must keep your account details safe.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@palomasproducts.co.uk.
How you may use material on our site.
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy, download, share or repost any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No text or data mining, or web scraping.
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):
- Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
- Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Palomasproducts.co.uk, its content and any services provided in relation to the same is only targeted to, and intended for use by, individuals located in the United Kingdom. By continuing to access, view or make use of this site and any related content and services, you hereby warrant and represent to us that you are located in a Permitted Territory. If you are not located in a Permitted Territory, you must immediately discontinue use of this Website and any related content and services.
Do not rely on information on this site.
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-generated content is not approved by us.
This website may include information and materials uploaded by other users of the site, including to social media pages, video-sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
How to complain about or report content.
If you wish to complain about any content, please contact us on hello@palomasproducts.co.uk.
Our responsibility for loss or damage suffered by you.
Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
- Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
How we may use your personal information.
We will only use your personal information as set out in our Privacy Policy.
Uploading content to our site.
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us [and other users of our site] a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
We have the right to remove any posting you make on our site.
If you wish to contact us in relation to content you have uploaded to our site and that we have taken down, please contact hello@palomasproducts.co.uk.
You are solely responsible for securing and backing up your content.
We are not responsible for viruses and you must not introduce them.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Rules about linking to our site.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our site other than that set out above, please contact hello@palomasproducts.co.uk.
Which country's laws apply to any disputes?
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Our trademarks are registered.
"Paloma’s Products' ' and our brand illustrations are UK registered trademarks of Paloma’s Products. You are not permitted to use them without our approval.
Indemnification.
You agree to indemnify, defend and hold harmless Paloma's Products and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Terms of Service.
These terms may have changed since you last reviewed them.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.Any new features or tools which are added to the current store shall also be subject to the Terms of Service.
Governing Law.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom. By agreeing to these Terms of Service, you represent that you are at least the age of majority in the province of residence, or that you are the age of majority in your province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Where to find information about us and our products.
You can find everything you need to know about us, Paloma’s Products, and our products on our website before you order. We also confirm the key information to you in writing after you order by email.
We only accept orders when we've checked them.
We contact you to confirm we've received your order.
Sometimes we reject orders.
Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory, because we can't verify your age (where the product is age-restricted), because you are located outside the UK OR our delivery areas, as stated on our website and in our marketing or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid. We reserve the right to refuse service to anyone for any reason at any time.
We charge you when you order.
However, for some products we take payment at regular intervals, as explained to you during the order process. If your product is goods (rather than digital content or services), you will own it once we have received payment in full.
We charge interest on late payments.
If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 1 % a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You pay us the interest together with any overdue amount.
We pass on increases in VAT.
If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
Modifications to the service and prices.
Prices for our products are subject to change without notice.We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We're not responsible for delays outside our control.
If our supply of your product is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but you can contact us hello@palomasproducts.co.uk to end the contract and receive a refund for any products you have paid for in advance, but not received.
Products can vary slightly from their pictures.
A product's true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different. Because some of our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website can vary.
You're responsible for making sure your measurements are accurate.
If we're making or supplying the product to measurements you provide, you're responsible for making sure those measurements are correct.
Errors, inaccuracies and omissions.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
We charge you if you don't give us the information we need.
We charge you additional sums if you don't give us information we've asked for.
If you bought online you have a legal right to change your mind.
For most of our products bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, not including the delivery costs. This is subject to some conditions, as set out below.
When you can't change your mind.
You can't change your mind about an order for:
- Digital products, after you have started to download or stream these;
- Services, once these have been completed;
- Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- Sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them;
- Goods that are made to your specifications or are clearly personalised; and
- Goods which become mixed inseparably with other items after their delivery.
The deadline for changing your mind.
If you change your mind about a product you must let us know no later than 14 days after:
- The day we deliver your product, if it is goods. If the goods are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
- The day we confirm we have accepted your order, if it is for a service.
- The day we confirm we have accepted your order, if it is for digital content for download or streaming, although you can't change your mind about digital content once we have started providing it.
How to let us know.
To let us know if you want to change your mind, contact us hello@palomasproducts.co.uk.
You have to return the product at your own cost.
If your product is goods, you have to return it (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost.
You can:
- send the product back to us, using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price.
You have to pay for services you received before you change your mind.
If you bought a service we don't refund you for the time you were receiving it before you told us you'd changed your mind.
We reduce your refund if you have used or damaged a product.
If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due.
Please email, hello@palomasproducts.co.uk and we can advise you on whether we're likely to reduce your refund.
When and how we refund you.
If your product is a service, digital content or goods that haven't been delivered or that we're collecting from you, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If your product is goods that you're sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.
You can end an on-going contract.
We tell you when and how you can end an on-going contract with us (for example, for regular services or a subscription to digital content or goods) during the order process and we confirm this information to you in writing after we've accepted your order. If you have any questions, please contact hello@palomasproducts.co.uk.
You have rights if there is something wrong with your product.
If you think there is something wrong with your product, you must contact us. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that you have several options for resolving disputes with us.
Summary of your key legal rights.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
- Up to 30 days: if your goods are faulty, then you can get a refund.
- Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
- If your digital content is faulty, you're entitled to a repair or a replacement.
- If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
- If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation
If your product is services, for example, the Consumer Rights Act 2015 says:
- You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
- If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.
- If a time hasn't been agreed upfront, it must be carried out within a reasonable time.
We can change products and these terms.
Changes we can always make.
We can always change a product:
- to reflect changes in relevant laws and regulatory requirements
- to make minor technical adjustments and improvements. These are changes that don't affect your use of the product
- update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.
Changes we can only make if we give you notice and an option to terminate.
We can also make the following types of change to the product or these terms, but if we do so we'll notify you and you can then contact hello@palomasproducts.co.uk to end the contract before the change takes effect and receive a refund for any products you've paid for in advance, but not received.
We can suspend supply (and you have rights if we do).
We can suspend the supply of a product.
We do this to:
- Deal with technical problems or make minor technical changes.
- Update the product to reflect changes in relevant laws and regulatory requirements.
- Make changes to the product.
We let you know and may adjust the price and may allow you to terminate.
We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend the product we adjust the price so you don't pay for it while it's suspended. If we suspend supply, or tell you we're going to suspend supply, for more than a month you can contact hello@palomasproducts.co.uk to end the contract and we'll refund any sums you've paid in advance for products you won't receive.
We can withdraw products.
We can stop providing a product, such as an ongoing service or a subscription for digital content or goods. We let you know at least a month in advance and we refund any sums you've paid in advance for products which won't be provided.
We can end our contract with you.
We can end our contract with you for a product and claim any compensation due to us if:
- You don't make any payment to us when it's due and you still don't make payment within 7 days of our reminding you that payment is due.
- You don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product.
- You don't, within a reasonable time, either allow us to deliver the product to you or collect it from us. If you have said you will collect a product ("click and collect") but you don't do this within 7 days then (unless the product is made to your specifications or is clearly personalised) we treat your order as cancelled and refund the purchase price
We don't compensate you for all losses caused by us or our products.
We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
- Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
- Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control.
- Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
- A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession OR Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited
Liability
The entire liability of Paloma's Products LTD under or in connection with any contract for any products to which these conditions shall not exceed the price of the products. This limit does apply to any liability we may have for death or personal injury resulting from our negligence. We provide guidance for the use of our products, which we advise customers to ensure careful and appropriate use of our products. Careful and appropriate product use is ultimately the customers responsibility.
We use your personal data as set out in our Privacy Notice.
How we use any personal data you give us is set out in our Privacy Notice.
You have several options for resolving disputes with us.
You can contact us by emailing hello@palomasproducts.co.uk.
Resolving disputes without going to court.
Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.
You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
Other important terms apply to our contract.
We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract OR We'll contact you to let you know if we plan to do this. If you're unhappy with the transfer you can contact hello@palomasproducts.co.uk to end the contract within 7 days of us telling you about it and we will refund you any payments you've made in advance for products not provided.
You can only transfer your contract with us to someone else if we agree to this. We may not agree.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
Discount codes & Subscriptions.
Discount codes are for the intended recipients only and can only be used once. Discount codes are not valid on items which already include price savings, for example subscriptions.Discount codes are not valid for the purchase of E-Gift cards. Discount codes are not valid on shipping rates either. Only one discount code can be used at a time.
Contact Information.
Questions should be sent to us at hello@palomasproducts.co.uk