Terms and Conditions

This page tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.pinklilylingerie.co.uk (our site) to you.  Please read these terms and conditions carefully before ordering any Products from our site.  You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" if you accept them.  Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site. 

1.            Information about us

1.1          We operate the website www.pinklilylingerie.co.uk. We are Global Travel Investments Limited, a company registered in England and Wales under company number 07058484 and with our registered office at 36 Barton Arcade, Deansgate, Manchester, England, M3 2BH.  We trade as pinklilly.co.uk.  If you have any issues or complaints please email info@pinklilylingerie.co.uk or write to the above address.

2.            Serviced Countries

Our site is only intended for use by people resident in the UK.  We do not accept orders from outside the UK. 

3.            Your status

3.1          By placing an order through our site, you are confirming to us that:

(a)          you are an individual consumer who is legally capable of entering into binding contracts;

(b)          you are at least 18 years old;

(c)           you are resident in the UK; and

(d)          you are accessing our site from the UK.

4.            How the Contract is formed between you and us

4.1          After placing an order, you will receive an e-mail from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order constitutes an offer by you to us to buy a Product.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation).  The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.  

4.2          The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation.  We do not have to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

5.            Consumer rights

5.1          If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products.  In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8 below).  This is known as the seven day cooling off period.

5.2          To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable and at your own cost.  You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

5.3          You will not have any right to cancel a Contract for the supply of any Products which have been used, worn or if the labels have been removed.

6.            Availability and delivery

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation unless there are exceptional circumstances. 

7.            Price and payment

7.1          The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error and except as set out in clauses 7.4 and 7.5. 

7.2          Product prices include VAT.

7.3          Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

7.4          Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.  We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you.  If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you to see what you want to do before dispatching the Product, or reject your order and notify you of such rejection.

7.5          We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.

7.6          Payment for all Products must be by credit or debit card, WorldPay and PayPal.  We accept payment by major credit and debit cards.

8.            Our refunds policy

8.1          You may return a Product to us because you have cancelled the Contract between us within the seven day cooling-off period (see clause 5.1 above) in which case we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full minus any applicable delivery charges. You will be responsible for the cost of returning the item to us.

8.2          You may return a Product to us:

(a)          if you have notified us in accordance with clause 17 that you do not agree to a change in these terms and conditions;

(b)          if you consider that the Product is defective or not in accordance with the warranties we give at clause 9  in which case we will examine the returned Product and will act reasonably in deciding whether it is defective or not in accordance with the warranties we give at clause 9; and

(c)           if the size is incorrect in which case we will attempt to provide you with the correct size and we will pay any delivery charges that are subsequently incurred in doing so. If we are unable to find you the correct size then we will provide you with a refund minus any original delivery charges.

we will notify you of any refund due via e-mail within a reasonable period of time and we will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. Where you are entitled to a refund we will refund the price of Products in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us. 

8.3          We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

9.            Warranty

We warrant to you that any Product purchased from us through our site will conform in all material respects with its description, be of satisfactory quality and be reasonably fit for all the purposes for which products of that kind are commonly supplied. 

10.          Our liability

10.1        Subject to clause 10.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to clause 10.2, other losses  that you suffer as a result of our failure to comply which are a foreseeable consequence of such failure.

10.2        Subject to clause 10.3, we will not be liable for business losses.

10.3        Nothing in these terms and conditions excludes or limits our liability for:

(a)          death or personal injury caused by our negligence;

(b)          fraud or fraudulent misrepresentation;

(c)           any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;

(d)          defective products under the Consumer Protection Act 1987; or

(e)          any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

11.          Communication

All notices given by you to us must be given to Global Travel Investments Limited t/a pinklilly.co.uk at info@pinklilylingerie.co.uk.  We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or on our site, if appropriate, which you should check from time to time.  Notice will be deemed received and properly served 24 hours after posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

12.          Transferring the Contract

12.1        You may not transfer the Contract, or any of your rights or obligations arising under it, without our having written consent beforehand. 

12.2        We may transfer the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract if we have a good reason to (for example if we sell our business) and such transfer does not disadvantage you.

13.          Events outside our control

13.1        We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our control (Force Majeure Event). 

13.2        Our performance of the Contract will be suspended while the Force Majeure Event continues, and we will have an extension of time to perform our obligations under the Contract for that period.  If the Force Majeure Event continues for more than a month we may end the Contract.

14.          Waiver

14.1        If you or we fail to request performance of the other's obligations under the Contract or any of these terms and conditions, or if you or we fail to exercise any of the rights under the Contract, this will not constitute a waiver and will not relieve the other party from compliance with its obligations. A waiver will not be a waiver of any subsequent default. No waiver of any of these terms and conditions will be effective unless it is stated to be a waiver and is communicated to the other in writing in accordance with clause 11 above.

15.          Separate Clauses

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be inapplicable, such term, condition or provision will be deleted and the remaining terms, conditions and provisions will continue to be valid.

16.          The Contract and Our Staff

16.1        We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our staff, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

17.          Our right to vary these terms and conditions

17.1        We revise our terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.  You will be subject to the terms and conditions in force at the time that you order products from us, unless we notify you of the change to these terms and conditions before we send you the Dispatch Confirmation (in which case we will assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).  We will update the version number of these terms and conditions when we have revised it.

18.          Law and jurisdiction

18.1        Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales. In some circumstances the laws where you are resident may apply and the Courts where you are resident may have jurisdiction.

Version 1 – June 2011