Terms and Conditions
INFORMATION ABOUT US
OTHER APPLICABLE TERMS
If you purchase products (Products) from the Site, our Terms of Purchase (available here) will apply to those purchases. Please read those terms carefully and keep a copy for your reference.
AVAILABILITY OF THE SITE
We may update the Site from time to time, and may change its content at any time. However, please note that any of the content on the Site may be out of date at any given time, and we are under no obligation to update it.
Due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, the Site is provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind. We do not accept any liability arising from any interruption in availability.
We reserve absolutely the right to withdraw or suspend the Site where we deem this to be necessary without notice and will not be liable to you for such unavailability.
NO RELIANCE ON SITE CONTENT
The information on the Site does not necessarily reflect our views and opinions. Neither should any suggestions or advice contained on the Site be relied upon in place of individual advice. You are responsible for checking the accuracy of relevant facts, instructions, suggestions and/or opinions given on the Site before entering into any commitment based upon them. We do not accept any liability arising from any inaccuracy or omission in the information.
YOUR ACCOUNT AND PASSWORD
If you choose to register a user name and password, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at by telephoning our customer service team at +44 207 111 0938 or by emailing us at firstname.lastname@example.org.
COPYRIGHT AND TRADE MARKS
We are the owner or the licensee of all intellectual property rights in the 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.
As a visitor to the Site, you may download a single copy of the content on it to a single computer or other device for your own private purposes only and print a single copy of the same for the sole purpose of retaining a copy for your own personal records only.
- modify the paper or digital copies of any materials you have printed off or downloaded in any way;
- use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; or
- copy or distribute any material for any commercial or business purpose.
No use of our name, logos and/or other trade marks (whether registered or unregistered) may be made by you without separate express written agreement being given by us, which shall be at our sole discretion.
You agree not to use the Site:
- to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Site;
- to misrepresent your identity;
- to disseminate any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes”, or any other form of solicitation or for any other commercial purposes (which would include using the Site to promote or encourage the sale of your goods/services);
- to transmit or re-circulate any material obtained from the Site to any third party except where expressly permitted on the Site;
- to obtain and/or store personal data derived from the Site;
- to disseminate any material which is abusive, defamatory or obscene, may harass, offend or inconvenience any person, applauds, encourages or entices abuse, discrimination or criminal activity or which might restrict or inhibit the use and enjoyment of the Site by any person;
- to harm the Site or disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise to hack (or attempt to hack) into the Site;
- in any way that might harm any person or infringe third party privacy or other rights;
- in any way that is unlawful (including fraudulent) or that might bring us or any of our associates into disrepute; or
- to post link(s) that take users to material that contravenes any of the above restrictions.
USER GENERATED CONTENT
It is our policy not to view, edit or pre-screen any contribution that you or anyone else make to any part of the Site where users may post content. Therefore, unless we are specifically notified of the nature of any item of content, you cannot assume that we are responsible for having made it available on the Site. We reserve the right at our sole discretion to refuse or remove any content that is posted to, or available on, the Site without the need to give any reasons for doing so (but we do not assume any obligation to do so).
LINKING TO OUR SITE
We welcome ‘hot links’ to the home page of our Site provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation.
You may not display the content of the Site (or any page from it) or allow such content to be displayed surrounded or framed by material not originating from us without our consent. Nor may you create a link to any part of the Site other than the home page (known as ‘deep linking’) without our prior written approval. We reserve the right to withdraw linking permission without notice.
LINKS TO OTHER WEBSITES
On the Site you may be offered automatic links to other websites. While we hope you will be interested in those websites, you acknowledge that the content on those pages is not subject to our control, their owners may be independent from us and we do not endorse or accept any responsibility for their content. We will not be liable for any loss or damage that may arise from your use of them.
We will use reasonable endeavours to ensure that the Site does not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all materials downloaded from the Site and regularly check for the presence of viruses and other malicious code. We exclude to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the Site.
SUBMISSION OF INFORMATION – INCLUDING PERSONAL AND FINANCIAL DATA
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. However, we cannot be held liable in the unlikely event of a breach of our secure computer servers.
LIMITATION OF OUR LIABILITY
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied. We will not be liable to any user 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, the Site; or
- use of or reliance on any content displayed on the Site.
We will not accept any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
OTHER IMPORTANT TERMS
TERMS OF PURCHASE
These Terms of Purchase will apply to any contract between us for the sale of Products to you (Contract). To protect your own interests please read them carefully and make sure that you understand them before ordering any Products from us. Please note that before placing an order for Products (Order) you will be asked to agree to these Terms of Purchase. If you refuse to accept these Terms of Purchase, you will not be able to order any Products from the Site.
If you are uncertain as to your rights under these Terms of Purchase or you want any explanation about them please contact our customer queries department by email to email@example.com / by telephone to +44 207 111 0938 before you place an order. Please note that these Terms of Purchase only apply to sales to consumers.
We may amend these Terms of Purchase from time to time. Every time you wish to order Products, please check these Terms of Purchase to ensure you understand the legal terms and conditions which will apply at that time. You are advised to print and retain these terms for your records.
1. Information about us
The website available at www.prismologie.com (the “Site”) is owned by Prismologie International Limited (referred to in these Terms of Purchase as “our” “we” or “us”), a company registered in Jersey under company number 116882 with our registered office at PO Box 684, Jersey JE4 0NP. Our VAT number is 200 8843 33.
2. Contacting us
2.1 To contact us to cancel a Contract, please see clause 8.
2.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our Customer Services team at +44 207 111 0938, by emailing us at firstname.lastname@example.org or by writing to us at PO Box 684 JERSEY JE4 ONP.
2.3 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your Order (as defined below).
3. Use of the Site
4. How we use your personal information
5. Specifications of Products
5.1 Specifications of our Products which appear on the Site are intended only to give a general description and indication of the Products. Actual colours, sizes, weights, capacities and other specifications of Products indicated on the Site may vary from the specifications of the actual Products.
5.2 The packaging of Products may vary from that shown on images on our Site.
6.1 You may only purchase Products from our Site if you are at least 18 years old.
7. How the contract is formed between you and us
7.1 Our shopping pages will guide you through the steps you need to take to place an Order with us. Our order process allows you to check and amend any errors before submitting your Order to us. Please read and check the details carefully at each stage of the order process.
7.2 After you place an Order, you will receive an automated email from us acknowledging that we have received your Order. However, please note that this does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in clause 7.3.
7.3 We will confirm our acceptance of an Order by sending you an email which confirms that the Products have been ordered (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
7.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Site (see clause 10.5.2), we will inform you of this by email and we will not process your Order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
7.5 We shall sell to you and you shall purchase only those Products which you have set out in an Order which has been accepted by us. We reserve the right to reject any Order.
8. Your right to cancel a contract
8.1 As a consumer, you have a legal right to cancel a Contract (and receive a refund) if you change your mind or decide for any other reason that you do not want to receive or keep a Product. This cancellation right is subject to clauses 8.5 – 8.7 Further advice about your legal right to cancel the contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.2 Your legal right to cancel a Contract starts from the date of the Order Confirmation (the date on which we email you to confirm our acceptance of your Order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is the date 14 days after the date on which you receive the Products, or, if the Products are delivered in instalments, 14 days after the day on which you receive the last instalment of the Products ordered.
8.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete a cancellation form (see here). A link to our model cancellation form will be included in our Order Confirmation. If you use this method we will email you to confirm we have received your cancellation. You can also contact our Customer Services team at on +44 207 111 0938, by emailing email@example.com or by writing to us at PO Box 684, JERSEY JE4 ONP. If you are emailing us or writing to us please include details of your Order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us.
8.4 Subject to clause 8.5 – 8.7 below, if you cancel the Contract we will:
- 8.4.1 refund the price you paid for the Products; and
- 8.4.2 refund any delivery costs you have paid.
8.5 Please note that:
- 8.5.1 we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns Policy for details about how to return Products to us. If we refund you the price paid before we are able to inspect the goods and later discover that you have handled them in an unacceptable way, you must pay us an appropriate amount; and
- 8.5.2 as permitted by law, the maximum refund for delivery costs will be the cost of the least expensive delivery method we offer. If you elected express delivery the additional costs will not be refunded.
8.6 The right to cancel this Contract will not apply in respect of personalised Products or Products made to your specification, or any Products which are unsealed after their delivery.
8.7 Where you have cancelled this Contract and we are refunding you the price and/or any delivery costs we will make any refunds due to you as soon as possible and in any event if you have received the Product 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 8.9; or
8.8 We will refund you on the debit or credit card you use to make payment (Payment Card). If you used a gift card or vouchers to pay for the Product we may refund you on that gift card or in vouchers.
8.9 If a Product has been delivered to you before you decide to cancel your Contract:
- 8.9.1 then you must return it to us (to the returns address set out in clause 8.13) without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract; and
- 8.9.2 unless the Product is faulty or not as described (see clause 8.10), you will be responsible for the cost of returning the Products to us.
8.10 If you want to return Products to us because you received an incorrect order, or because the Products were faulty or not as described we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.11 If we have to revise these Terms of Purchase as they apply to an Order already made by you, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
8.12 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms of Purchase. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.1 The quantity, quality and description of the Products will be those set out in your Order (if accepted by us). Orders are accepted at our sole discretion.
9.2 You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the Products within a sufficient time to enable us to perform the Contract in accordance with its terms.
10. Price of Products and delivery charges
10.1 The price of the Products shall be the price set out on the relevant page of this Site at the time you submit your Order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, please see clause 10.5 for what happens if we discover an error in the price of Product(s) you ordered.
10.2 Prices for our Products may change from time to time, but changes will not affect any Order you have already placed.
10.3 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your Order. To check relevant delivery charges, please refer to our Delivery Charges page (available here).
10.4 The price of a Product includes any applicable VAT. However, if the rate of VAT changes between the date of your Order and the date of delivery, we may adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.5 It is always possible that, despite our reasonable efforts, some of the Products on the Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
- 10.5.1 where the Product’s correct price is less than the price stated on our Site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
- 10.5.2 if the Product’s correct price is higher than the price stated on the Site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the Order process, we will treat the Order as cancelled and notify you in writing.
11. How to pay
11.1 You can only pay for Products using a debit card or credit card, gift card or sales voucher. We accept the following cards: VISA, MasterCard, VisaDebit, Solo, Maestro UK, Visa Electron, American Express.
11.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card (or debit your gift card or sales voucher, if applicable) until we dispatch your Order.
12. Terms of payment
12.1 Upon providing us with details of the Payment Card and submitting the Order you:
- 12.1.1 confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the Payment Card; and
- 12.1.2 authorise us to deduct from the Payment Card account the full price of the Products and all other payments which may become due to us under the Contract.
12.2 If it is not possible to obtain full payment for the Products from your account on delivery of the Products to you, we can cancel the Order or suspend any further deliveries to you. This does not affect any other rights we may have.
12.3 We will not pass your personal information on to any third party without your permission. Unless solely due to our negligence we cannot be held liable for any losses you may suffer from the use of your personal information. If in any event your payment card is used fraudulently you are entitled to cancel the payment and be reimbursed by the card issuer without being charged for the loss.
13.1 We will contact you with an estimated delivery date, which will normally be within 30 days of the date of the Order Confirmation (the date on which we email you to confirm our acceptance of your Order). Occasionally, our delivery to you may be affected by an Event Outside Our Control. See clause 16 for our responsibilities when this happens.
13.2 Delivery of the Products shall be made by us or our carrier to the address you provide for delivery. It is important that this address is accurate.
13.3 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises / delivered to the relevant mail collection office, in which case, please contact us to rearrange delivery.
13.4 Delivery of an Order shall be completed when we deliver the Products to the address you gave us, and you will be responsible for the Products from that time.
13.5 You own the Products once we have received payment in full, including all applicable delivery charges.
13.6 We will do all that we reasonably can to deliver the Products within 30 days of the order date. If we are unable to make the delivery date we will contact you.
13.7 If we miss the 30 day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
- 13.7.1 we have refused to deliver the Products;
- 13.7.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- 13.7.3 you told us before we accepted your Order that delivery within the delivery deadline was essential.
13.8 If you do not wish to cancel your Order straight away, or do not have the right to do so under clause 13.7 you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
13.9 If you do choose to cancel your Order for late delivery under clause 13.7 or clause 13.8, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
14. International delivery
14.1 We deliver to the countries listed on this page: Delivery and Returns.
14.2 Your Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
14.3 You will be responsible for payment of any such import duties and taxes. You may wish to contact your local customs office for further information before placing your Order.
14.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
15. Our liability to you
15.1 If we fail to comply with these Terms of Purchase, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Purchase or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
15.2 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 We do not in any way exclude or limit our liability for:
- 15.3.1 death or personal injury caused by our negligence;
- 15.3.2 fraud or fraudulent misrepresentation;
- 15.3.3 any breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession);
- 15.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Products Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- 15.3.5 defective products under the Consumer Protection Act 1987.
16. Events outside our control
- 16.1.1 We shall not be liable or responsible to you for any failure to perform, or delay in the performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- 16.2.1 we will contact you as soon as reasonably possible to notify you; and
- 16.2.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16.3 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel such a Contract, please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
17. Communication between us
17.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
17.2 You may contact us as described in clause 2.
18. Other important terms
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms of Purchase. We will always notify you in writing or by posting on this web page if this happens.
18.2 You may only transfer your rights or your obligations under these Terms of Purchase to another person if we agree to this in advance in writing.
18.3 No variation to these Conditions shall be binding upon us unless and until agreed by e-mail or in writing by us.
18.4 This Contract is between you and us. No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
18.5 Each of the paragraphs of these Terms of Purchase operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.6 The headings in these Terms of Purchase are for convenience only and will not affect their interpretation.
18.7 If we fail to insist that you perform any of your obligations under these Terms of Purchase, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.8 Please note that these Terms of Purchase are governed by English law and are available only in English. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any dispute or claim arising under these Terms of Purchase.