Last updated 04/06/20
Please read these terms and conditions carefully as they contain important information regarding your rights and obligations.
- These terms and conditions of sale apply to all goods supplied by Pyjamas Forever (‘Pyjamas Forever’ ‘our’, ‘we’ or ‘us’) Registered in Scotland No.
- The reference to ‘you’ is a reference to the purchaser of the Goods from us. ‘Contract’ means the contract between us for the sale and purchase of the Goods which incorporates these terms. ‘Goods’ or ‘Products’ means the products purchased by you from us. ‘Terms’ means these terms and conditions.
- By using or accessing our website, you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our website as they may be modified and posted on our website from time to time. These Terms are the only terms and conditions on which we contract for the sale of Goods and they form an integral part of the contract between us. If we agree to vary any of the terms, the variation must be in writing confirmed by our duly authorised representative and by you.
- If you do not wish to be bound by these terms and conditions then you may not use our website.
- The Nature of our Website
- Our website is a place for you to select and order products and monthly subscriptions (the ‘Products’). Our website describes the Products in more detail.
- Buying products on our Website
- To order products you will need to follow the ordering procedures set out here. Details of our prices for the Products and the procedures for payment and delivery are displayed on our website.
- Any times or dates stated on our website for delivery are estimates only. We will make all reasonable effort to deliver goods within the time specified, but do not accept liability for any failure to deliver within that time.
- You must pay by credit or debit card or PayPal account at the time of order. At our discretion, we may accept payment by cheque or other means. In all cases, delivery will not occur until we are satisfied that the payment has been made. In the case of a payment by cheque, this will be after the cheque has cleared. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see clause 3.4 below). We will inform you if a Product’s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price. All published prices are subject to change at any time without notice. The prices are exclusive of delivery costs, which is shown separately, and inclusive of VAT (Value Added Tax).
- Any error in any ordering process due to technical or other reasons beyond our control entitles us not to treat the order as being binding on us.
- We are entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means (‘Confirmation’) to the e-mail address you have given us either on registration or on ordering. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days. The order/payment confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us.
- You undertake that all details you provide to us for the purpose of purchasing Products which may be offered by us will be correct, that the credit or debit card, or any electronic cash, which you use relates to you/the person placing the order and not to any third party and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
- You must notify us promptly and in any event within 48 hours or receipt of and Goods if they appear to be damaged in transit. In those circumstances, you must also keep all packaging as this may be required when making a claim.
- Our currency converter feature is intended for guidance only – all orders will be made in Great British pounds. Our currency rates are updated daily from the rates published by the European Bank.
- You may return any Products you have purchased within 7 working days of delivery for any reason (including if you simply change your mind). To do so you must notify us in writing or other durable medium (including e-mail) within those 7 working days. You will then be entitled to a refund from us, which will be paid as soon as possible, but in any event within 30 days. You must arrange for and pay the costs of returning the Products to us – on request, we will collect the Products from you, but the cost of this will be charged to you and we may deduct this from the refund. While in your possession, you must keep any Products you intend to return to us in good condition.
1 – the Product delivered is not what you ordered, or does not correspond with its description;
2 – the Product delivered is not of a satisfactory quality; or
3 – the Product is not fit for any other purpose for which you have bought it and you notified us, in writing, of this purpose before purchase, and we have not informed you that the Product is not fit for that purpose we will, at our option, deliver to you a replacement Product or refund to you the price paid and your reasonable costs of returning the Products.
- If you have any enquiries or complaints, you should direct them to us via e-mail at email@example.com
- Modifications to the Website
- We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content, and/or the sale of new Products and/or the release of new software tools or resources shall be subject to these terms and conditions.
- Information you provide to us
- The following applies to any information you provide to us, for example during any registration or ordering process:
- By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should e-mail us at firstname.lastname@example.org
- In addition, the following also applies to all messages, e-mails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to us (‘Content’):you must own or have the right to submit Content for publication on our website and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice, you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful;
you must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for goods or services; and we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming e-mails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
- You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you submit to us except any portion of the Content that is Personal Information. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.
- You warrant and undertake that you will not use our website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.
- The following applies to any information you provide to us, for example during any registration or ordering process:
- You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
- Applicability of online materials
- Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use.
- We have used our reasonable endeavours to ensure that our website complies with UK laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.
- We make no representations and give no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
- Copyright and monitoring
- The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is in our name, its affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with us or using our website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
- Intellectual Property
Where the Goods include designs or works of art, these are prepared by a designer or artist who owns the copyright in those works. You have no right to make any copies or adaptations of any of those Goods.
- Linked sites
We make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accepts any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
- Availability of our Website
We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
- We promise that for any Product you purchase from our website:
we have the right to sell the Product to you, the Product will correspond with the description we have given to you. We also promise that any service we provide to you will be provided with reasonable skill and care.
We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), our website or any information or service provided through our website. We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.
- We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however, caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants, agents or any other person or entity.
- If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
- You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
- The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
- We promise that for any Product you purchase from our website:
- We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
- We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.
- If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
- These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
- Except in respect of a payment obligation, neither you nor will we be held liable for any failure to perform any obligation to the other due to causes beyond your or Lead Distribution’s respective reasonable control.
- Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
- These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
- All notices shall be given: to us via e-mail at email@example.com or by post at 45 West George St, Glasgow; or to you at either the e-mail or postal address you provide during any ordering process. Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
These terms and conditions replace all other terms and conditions previously applicable to the use of our website and/or sale of the Products.