Terms & Conditions

TERMS AND CONDITIONS

Please read all these Terms and Conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, please email us at thepinkcowgift@gmail.com

Application

These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are donna kelly trading as The Pink Cow Gifts of 30 St. Georges Avenue, , St Georges, England, TF2 9FZ with email address thepinkcowgift@gmail.com; telephone number 07432881297; (the Supplier or us or we).

These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;

Contract means the legally-binding agreement between you and us for the supply of the Goods;

Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;

Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

Website means our website www.thepinkcowgifts.com on which the Goods are advertised.

Personal Information

We retain and use all information strictly under the Privacy Policy.

We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Shopping

At www.pinkcowgifts.com, you can conveniently place orders for your desired products.

Basis of Sale

The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

By placing an order, you are making an offer to purchase the product at the listed price. Following your order, as stated above acknowledge we will confirm order via an email. However, we reserve the right to decline an order under certain circumstances such as:

Failure to meet the minimum age requirement of 18 years to register and shop on our site.

Non-receipt of your payment.
Errors in pricing, discount offers, or product descriptions.
Unavailability or discontinuation of ordered products.
Personalized products containing content that could be considered indecent, offensive, racist, pornographic, etc.

In addition, we do not sell alcohol-containing products to individuals under 18 years of age. By ordering such products from our website, you confirm that both you, the buyer, and the recipient are at least 18 years old. We reserve the right to decline the sale or delivery of alcohol-containing products at our discretion.

In case of any refusal, we will promptly refund the total amount charged to your credit card. Please be aware that import duties and taxes may apply to international orders and these charges, set by the Customs Authority of the destination country, will be your responsibility to pay.

Please note that discount codes cannot be used on sale items and may exclude certain items. They are also valid for a limited time only. Our return policy does not apply to refusal of delivery, return of delivery, perishable goods, or personalized or custom-made items.

Quotes

Any quotation is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.

No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you.

Bespoke Orders

When you place a bespoke order with us, you give us permission to publish images of your finished products on our website and for advertising purposes. You can, however, request us not to publish these images or to remove them at any time. If such a request is made, we will comply within 2 to 3 working days. However, we cannot recall any items that have already been distributed.

Payment

Price and Payment

The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

Prices and charges include VAT at the rate applicable at the time of the Order.

You must pay by submitting your credit debit card or paypal details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

All our prices are inclusive of VAT. We use the latest security measures, including 256-bit SSL Software, to protect your information when you shop with us.

Availability

We strive to keep our website up-to-date, but cannot guarantee the constant availability of all our products. If a product is out of stock, we aim to deliver it within 30 days. If we cannot dispatch a product within 30 days, you can request a cancellation and we will refund your money in full.

Order Cancellations

For most items on our website, you have the legal right to cancel your order within 7 working days of receiving the goods. However, you cannot cancel your order if the goods are perishable or have been personalized or custom-made to your requirements. Due to the nature of our products, they are immediately sent for production. Therefore, we cannot refund or cancel your order for personalized products which have been misspelt or if you change your mind after the order has been placed.

Delivery

We deliver to locations within the UK and certain parts of Europe. The goods you order will be delivered to the address you provide during the order process. While we strive to dispatch goods on the specified day, we cannot guarantee this or accept liability for deliveries made outside the specified lead times. We also cannot be held responsible for failed or delayed deliveries where goods are sent directly from our manufacturers or for delays caused by any third party.

Delivery (more information)

We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:

we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay

return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.

If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

If, however, we accept an Order for delivery outside an area we do not normally deliver to, you may need to pay import duties or other taxes, as we will not pay them.

You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Returned Orders

Any package returned to us as 'not called for' or for any other reason will be subject to a redelivery charge. If you do not re-arrange delivery with us within 30 days of the notice, your package will be disposed of and no refund or compensation will be available.

Returns

We are confident that you will be satisfied with your purchase. However, if you need to return an item, we have a simple process. You must notify us of any damaged, defective, or incorrect quantity items within 72 hours of delivery. You must return the goods within 7 days of receiving them, in an unused state complete with packaging and all components, and we will refund you the price you paid for the product. Please note that refunds can only be given to the original purchaser.

The cost of returning the item is your responsibility, except if the item is faulty, damaged, or incorrect. We cannot be held responsible for packages lost in transit, we recommend sending the package by Recorded or Special Delivery services. Our return policy does not apply to refusal of delivery, return of delivery, perishable goods, or items which have been personalized or custom-made for you. If the goods delivered are not what you ordered or are damaged or defective, we will replace the goods.

Withdrawal, Returns and Cancellation

You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:

foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
goods that are made to your specifications or are clearly personalised;
goods which are liable to deteriorate or expire rapidly.

Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:

in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

Right to Cancel

Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.

To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.

You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our website www.thepinkcowgifts.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of Cancellation in the Cancellation Period

Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Deduction for Goods Supplied

We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of Reimbursement

If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:

14 days after the day we receive back from you any Goods supplied, or

(if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 30 St. Georges Avenue, , St Georges, England, TF2 9FZ without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

For the purposes of these Cancellation Rights, these words have the following meanings:

distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity and Guarantee

We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

Upon delivery, the Goods will:

be of satisfactory quality;
be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and conform to their description.

It is not a failure to conform if the failure has its origin in your materials.

We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.

Successors and Our Sub-Contractors

Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances Beyond the Control of Either Party

In the event of any failure by a party because of something beyond its reasonable control:

the party will advise the other party as soon as reasonably practicable; and

the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.

Hyperlinks

This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

Liability

To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from product/s we have supplied.

Disclaimers

We endeavour to ensure all information on our Website is correct, however, we do not warrant the accuracy and completeness of this. We may make changes to any information, products, descriptions and prices on our website, at any time without notice. The information and material on our Website may be out of date, and we make no commitment to update. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however, we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

Indemnity

By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website or products.

Jurisdiction

These terms and conditions are to be governed by and construed in accordance with the laws of England and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in England and you agree to submit to the jurisdiction of those Courts. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Complaints procedure

We take our relationships with customers very seriously. We aim to reply to emails within one working day and if you have any enquiry or complaints please Contact Our Support Team via our contact page/or email us.

Contacting us

If you would like help when ordering, information about a product, a request for a product or if you would just like to provide us with feedback on our service, please Contact Our Support Team via our contact page/or email us.

Privacy

Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy (https://www.thepinkcowgifts.com/privacy-policy) and Cookies Policy (https://www.thepinkcowgifts.com/cookies-policy).

For the purposes of these Terms and Conditions:

'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.

'GDPR' means the UK General Data Protection Regulation.

'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

We are a Data Controller of the Personal Data we Process in providing Goods to you.

Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

we will only Process Personal Data for the purposes identified;

we will respect your rights in relation to your Personal Data; and

we will implement technical and organisational measures to ensure your Personal Data is secure.

For any enquiries or complaints regarding data privacy, you can e-mail: dkelly21841@googlemail.com.

Excluding Liability

The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing Law, Jurisdiction and Complaints

The Contract (including any non-contractual matters) is governed by the law of England and Wales.

Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact

us to find a solution. We will aim to respond with an appropriate solution within 5 days.

Attribution

These Terms and Conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).

Model Cancellation Form

To
donna kelly trading as The Pink Cow Gifts
30 St. Georges Avenue,
St Georges
England
TF2 9FZ

Email address: thepinkcowgift@gmail.com
Telephone number: 07432881297

I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received)

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper)

Date

[*] Delete as appropriate.