Welcome to Pinkpearls.co.uk. We provide services to you subject
to the notices, terms, and conditions set forth in this agreement (the
"Agreement"). In addition, when you use any Pinkpearls.co.uk service
(e.g. placing an order or writing a customer review), you will be subject to
the rules, guidelines, policies, terms, and conditions applicable to such
services, and they are incorporated into this Agreement by this
reference. Pinkpearls.co.uk reserves
the right to change this site and these terms and conditions at any time.
Accessing, browsing, or otherwise using the
site indicates your agreement to all the terms and conditions in this Agreement.
Please read this Agreement carefully before proceeding.
You represent and warrant that you are at
least 18 years old or visiting the Site under the supervision of a parent or
guardian. Subject to the terms and conditions of this Agreement, Pinkpearls.co.uk hereby
grants you a limited, revocable, non-transferable and non-exclusive license to
access and use the Site by displaying it on your internet browser only for the
purpose of shopping for personal items sold on the Site and not for any
commercial use or use on behalf of any third party, except as explicitly
permitted by Pinkpearls.co.uk in
advance. Any breach of this Agreement shall result in the immediate revocation
of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above,
you may not reproduce, distribute, display, sell, lease, transmit, create
derivative works from, translate, modify, reverse-engineer, disassemble,
decompile or otherwise exploit this Site or any portion of it unless expressly
permitted by Pinkpearls.co.uk in
writing. You may not make any commercial use of any of the information provided
on the Site or make any use of the Site for the benefit of another business
unless explicitly permitted by Pinkpearls.co.uk in
advance. Pinkpearls.co.uk reserves
the right to refuse service, terminate accounts, and/or cancel orders in its
discretion, including, without limitation, if Pinkpearls.co.uk believes that customer conduct
violates applicable law or is harmful to Pinkpearls.co.uk's interests.
You shall not upload to, distribute, or
otherwise publish through this Site any Content, information, or other material
that (a) violates or infringes the copyrights, patents, trademarks, service
marks, trade secrets, or other proprietary rights of any person; (b) includes
any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or
properties. Pinkpearls.co.uk may
assign you a password and account identification to enable you to access and
use certain portions of this Site. Each time you use a password or
identification, you will be deemed to be authorized to access and use the Site
in a manner consistent with the terms and conditions of this Agreement,
and Pinkpearls.co.uk has no
obligation to investigate the authorization or source of any such access or use
of the Site.
You will be solely responsible for all
access to and use of this site by anyone using the password and identification
originally assigned to you whether or not such access to and use of this site
is actually authorized by you, including without limitation, all communications
and transmissions and all obligations (including, without limitation, financial
obligations) incurred through such access or use. You are solely responsible
for protecting the security and confidentiality of the password and
identification assigned to you. You shall immediately notify Pinkpearls.co.uk of any
unauthorized use of your password or identification or any other breach or
threatened breach of this Site's security. After registering, you will receive
our newsletters with information about sales, coupons, and special promotions.
You can unsubscribe by using the link from any email newsletter or your
personal subscribe setting after logged in. Default Subscription for Newsletter
for Registered Users.
Pinkpearls User
Account
You warrant that your Submissions, in whole
or in part, are clear and free of any IP right infringement, disputes or third
party claims. Pinkpearls.co.uk assumes
no liability for any misuse of copyright or any other rights of third parties
by you. You undertake to defense for and indemnify the Sponsor against any
losses caused due to the use of the entries for any purposes.
Reviews and Comments
Except as otherwise provided elsewhere in
this Agreement or on the site, anything that you submit or post to the site
and/or provide Pinkpearls.co.uk,
including, without limitation, ideas, know-how, techniques, questions, reviews,
comments, and suggestions (collectively, "Submissions") is and will
be treated as non-confidential and nonproprietary, and by submitting or
posting, you agree to irrevocably license the entry and all IP rights related
thereto (excluding the moral rights such as authorship right) to Pinkpearls.co.uk without
charge and Pinkpearls.co.uk shall
have the royalty-free, worldwide, perpetual, irrevocable, and transferable
right to use, copy, distribute, display, publish, perform, sell, lease,
transmit, adapt, create derivative works from such Submissions by any means and
in any form, and to translate, modify, reverse-engineer, disassemble, or
decompile such Submissions. All Submissions shall automatically become the sole
and exclusive property of Pinkpearls.co.uk and shall
not be returned to you and you agree not to raise any dispute in connection
with any use of the entry by Pinkpearls.co.uk in the
future.
You warrant that your Submissions, in whole
or in part, are clear and free of any IP right infringement, disputes or third
party claims. Pinkpearls.co.uk assumes
no liability for any misuse of copyright or any other rights of third parties
by you. You undertake to defense for and indemnify the Sponsor against any
losses caused due to the use of the entries for any purposes.
In addition to the rights applicable to any
Submission, when you post comments or reviews to the site, you also grant Pinkpearls.co.uk the right
to use the name that you submit with any review, comment, or other Content, if
any, in connection with such review, comment, or other content. You represent
and warrant that you own or otherwise control all of the rights to the reviews,
comments, and other Content that you post on this site and that use of your
reviews, comments, or other Content by Pinkpearls.co.uk will not infringe upon or violate
the rights of any third party. You shall not use a false e-mail address,
pretend to be someone other than yourself, or otherwise mislead Pinkpearls.co.uk or third
parties as to the origin of any Submissions or Content. Pinkpearls.co.uk may, but
shall not be obligated to remove or edit any Submissions (including comments or
reviews) for any reason.
Order Cancelation
Please kindly note that only orders that
are in the paid, processing or partially shipped status may be modified or
canceled.
All other orders cannot be changed. We
apologize for this inconvenience. In the event that you wish to cancel a
shipped or packed order, please contact our dedicated support center for
assistance as soon as possible.
If your order, unfortunately, cannot be
canceled, we kindly suggest that you accept the package and refer to our
warranty policy for more information.
Shipments
At Pinkpearls all shipments are sent from different
warehouses and are delivered duty unpaid. Consequently, any and all customs or
import duties are charged once the parcel reaches its destination country. If
any, these charges must be paid by the customers. Should the customers refuse
the package due to import duties or taxes, they take full liability for all the
cost involved in the process. Due to customs regulations, please note
that Pinkpearls cannot to
declare purchased items as a gift or list an amount lower than the actual
product price.
Customer Code of Conduct Policy
At Pinkpearls customer satisfaction is our top
priority. We strive to solve all customers problems in a professional and
amicable way. However, we will not tolerate any unacceptable or unreasonable
behavior towards our Customer Service Team members.
Unacceptable behavior directed towards
Customer Service staff or Pinkpearls may, for
example, include any of the following:
-Aggressive, abusive and threatening
behavior. Examples include any and all direct or implied threats on any
communication channel; intimidating language; personal and verbal abuse;
sexist, racist, homophobic, or derogatory remarks; rudeness; inflammatory
statements; swearing; and unsubstantiated allegations.
-Persistently making habitually demanding
or vexatious complaints, despite the matter having been fully addressed;
similarly, repeating complaints persisting despite reasonable and fair
solutions being offered in accordance with our policies.
-Asking, expecting or demanding staff to
breach established company policy guidelines, e.g. refund amount, time-frame,
special compensation, etc.; similarly, seeking an unrealistic outcome beyond
the scope of our own policies and procedures. By default, the refund amount
cannot exceed the original order amount paid to Pinkpearls.
-Repeatedly changing the nature (or focus)
of a complaint or the desired outcome, part way, after a formal response has
been provided.
-An excessive number of complaints compared
to the total purchase value history.
For such behavior, complainants may be
advised and formally notified of the following:
-Their language is considered offensive,
abusive, threatening, and wholly unacceptable.
-They must refrain from using such
language, intimidation, and threats.
-There will be no further exchange of
correspondence on the matter if they persist with this behavior.
-Pinkpearls reserves
the right to no longer accept orders from the customer in the future without
further notice.
Complain Escalation Process
This process applies strictly to Customer
Service issues. For separate legal issues such as copyright, please view our
legal page.
If the customer is dissatisfied with the
solution offered by our Customer Service, the customer may contact our Ticket
Supervisor by submitting a new ticket in "submit a formal complaint"
section as follows:
Contact us > Submit a ticket > Select
Warranty &return > Submit a formal complaint
We will respond to all complaint within 24
hours except on weekends and public holidays.
Copyright
All text, graphics, photographs or other
images, button icons, audio clips, logos, slogans, trade names or word software
and other contents on the website of Pinkpearls.co.uk (collectively, "Content"),
belongs exclusively to Pinkpearls.co.uk or its
appropriate content suppliers. You may not use, reproduce, copy, modify,
transmit, display, publish, sell, license, publicly perform, distribute or
commercially exploit any of the Content or otherwise dispose of any of the
Content in a way not permitted by Pinkpearls.co.uk, without Pinkpearls.co.uk's express
prior written consent. The use of data mining, robots, or similar data
gathering and extraction tools on Pinkpearls.co.uk as well as the use of Pinkpearls.co.uk
trademarks or service marks in meta-tags is strictly prohibited. You may view
and use the Content only for your personal information and for shopping and
ordering on the site and for no other purpose. The collection, arrangement, and
assembly of all content on this site (the "Compilation") belong
exclusively to Pinkpearls.co.uk. You may
not use Pinkpearls.co.uk's Content
or Compilation in any manner that disparages or discredits Pinkpearls.co.uk or in any
way that is likely to cause confusion or violation of any applicable laws or
regulations. All software used on this Site (the "Software") is the
property of Pinkpearls.co.uk and/or
its Software suppliers. The Content, the Compilation and the Software are all
protected under state, national and international copyright laws. All rights
not expressly granted are reserved by Pinkpearls.co.uk. Violators will be prosecuted to the
full extent of the law.
Pinkpearls.co.uk
recognizes and respects all copyrights and trademarks. As such, any usage of
television, motion picture, music, film festival or other names or titles have
no connection to Pinkpearls.co.uk and are
the sole property of the copyright or trademark holders. Our dresses are
inspired by celebrity style and are our recreations of item's worn by the
celebrities on your favorite television shows and the red carpet, however they
are not authorized, endorsed by, or connected to these shows in any way and are
not meant as infringements of any registered trademarks or copyrights.
Intellectual Property Infringement Policy
It is the policy of Pinkpearls.co.uk to take
appropriate action where necessary to uphold and recognize all relevant State,
Federal and International laws in connection with material that is claimed to
be infringing any trademark, copyright, patent and all or any other
Intellectual Property laws. If you are an intellectual property rights owner
and you believe that Pinkpearls.co.uk sells,
offers for sale, or makes available goods and/or services that infringe your
intellectual property rights, then send the following information in its entirety
to service@Pinkpearls.co.uk
Information required
- An electronic or physical signature of the person authorized to act
on behalf of the owner of an exclusive that is allegedly infringed;
2. A description of the allegedly infringing work or material;
3. A description of where the allegedly infringing material is located on the site (product(s) URL);
4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
6. Identification of the intellectual property rights that you claim are infringed by the Website(e.g. "XYZ copyright", "ABC trademark, Reg. No. 123456, registered 1/1/04",etc);
7. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
Termination and Effect of Termination
In addition to any other legal or equitable
remedies, Pinkpearls.co.uk may,
without prior notice to you, immediately terminate the Agreement or revoke any
or all of your rights granted under this Agreement. Upon any termination of
this Agreement, you shall immediately cease all access to and use of the site
and Pinkpearls.co.uk shall, in
addition to any other legal or equitable remedies, immediately revoke all
password(s), and account identification issued to you and deny your access to
and use of this Site in whole or in part. Any termination of this Agreement
shall not affect the respective rights and obligations (including without
limitation, payment obligations) of the parties arising before the date of
termination. /
Disclaimer and Limitation of Liability
Except as otherwise provided in the
standard terms of sale that govern the same of each product on this site, this
site, the products offered for sale on it and the transactions conducted
through it are provided by Pinkpearls.co.uk on an
"as is" basis. Pinkpearls.co.uk makes no
presentations or warranties of any kind, express or implied, as to the
operation of the site or the information, content, materials, or products
included on this site except as provided here to the full extent permissible by
applicable law, Pinkpearls.co.uk disclaims
all warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose,
noninfringement, title, quiet enjoyment, data accuracy, and system integration.
This site may include inaccuracies, mistakes or typographical errors. Pinkpearls.co.uk does not
warrant that the content will be uniterrupted or error free. To the maximum
extent permitted by law, Pinkpearls.co.uk will not
be liable for any damages of any kind arising from the use of this site,
including, but not limited to,indirect incidental, punitive, exemplary,
special, or consequential damages. To the maximum extent permitted by
applicable law, Pinkpearls.co.uk's total
liability to you for any damages (regardless of the foundation for the action)
shall not exceed in the aggregate the amount of fees actually paid by you
to Pinkpearls.co.uk during the
month immediately preceding the act allegedly giving rise to Pinkpearls.co.uk's
liability.
Pinkpearls and/or the
seller will act according with the warranty as shown on the platform when and
only when damage is in connection with the product and has valid and confirmed
manufacturing defects. Pinkpearls and/or the
seller will not be held liable or reponsible for any damages resulting from
customers improper use, personal negligence, and/or other reasons that do not
attribute to product defects.
Order Acceptance
Please note that there may be certain
orders that we are unable to accept and must cancel. Pinkpearls.co.uk reserves
the right, at sole discretion, to refuse or cancel any order for any reason.
Some situations that may result in your order being canceled include
limitations on quantities available for purchase, inaccuracies or errors in
product or pricing information, or problems identified by our credit and fraud
avoidance department. We may also require additional verifications or
information before accepting any order. We will contact you if all or any
portion of your order is canceled or if additional information is required to
accept your order.
Pinkpearls is not
responsible for late deliveries for special occasions, such as birthdays, or
other events. We encourage customers to place their order in advance to ensure
there is enough time to receive their item.
We have informed our customers of the peak
Christmas season in advance via banners and newsletters, and offered
suggestions for the final order date and shipping methods for this period. We
can therefore not be held responsible if an item does not arrive in time for
Christmas.
All orders reported as
"delivered" by shipping companies are considered delivered. Pinkpearls cannot be
made liable of non-delivery in this case.
User account
For safety and security, each customer is
allowed to create only one registered account by default. For customers who
attempt to create several accounts, Pinkpearls reserves the right to suspend
accounts without further notice.
Both parties agree that, following order
dispatch, transportation is the sole responsibility of the third-party
logistics company. During this stage, full ownership of the product(s) belongs
to the buyer; all associated liability and risks during transportation shall be
borne by the buyer.
In accordance with Customs regulations
customers must provide valid and accurate data . All consignee names, address
and payers name should be valid. Certain countries request that the consignee
submit their ID or passport to clear the package or for payment verification
purposes. It is the customers sole responsible for the accuracy of data that
they provide to us. Should any information be incorrect and prevent any
shipment or deliveries or customs clearance, we will not held responsible and
will not offer any compensation in such cases.
Pinkpearls will
always comply with the law, and we kindly remind users to do the same. As the
importer customers are responsible to comply with all laws and regulations in
their own countries. Please refer to our privacy policy for more information.
Typographical Errors
While Pinkpearls.co.uk strives to provide accurate product
and pricing information, pricing or typographical errors may occur. Pinkpearls.co.uk cannot
confirm the price of an item until after you order. In the event that an item
is listed at an incorrect price or with incorrect information due to an error
in pricing or product information, Pinkpearls.co.uk shall have the right, at our sole discretion,
to refuse or cancel any orders placed for that item. In the event that an item
is mis-priced, Pinkpearls.co.uk may, at
our discretion, either contact you for instructions or cancel your order and
notify you of such cancellation.
Pricing in Different Currencies
Pricing of products sold by Pinkpearls.co.uk is based
upon figures calculated in U.S. Dollars (US$). Prices displayed in other
currencies are converted from U.S. Dollars according to the most up to date
conversion rates. Due to fluctuating currency values, prices displayed in
non-U.S. denominations of currency on the Site, other than on the individual
product page, may not be the most current. Areas of the Site where non-U.S.
denominations of currency might be inaccurate include, but are not limited to,
promotional banners, promotional pages, and information on product category
pages. The price displayed on an individual product page, regardless of
currency denomination, is the current price you are liable to pay to Pinkpearls.co.uk,
excluding shipping.
Pinkpearls has no
knowledge of, and is not responsible for, any additional bank charges or
exchange rate fees that are charge by the issuing bank or a third party payment
provider. These fees are solely the customers responsibility and will not be
reimbursed by Pinkpearls.
Applicable Law
These conditions are governed by and
construed exclusively under law without regard to conflicts of laws
principles. This Terms of Use shall be governed by and construed in
accordance with the laws of France.
Links
This site may contain links to other sites
on the Internet that are owned and operated by third parties. You acknowledge
that Pinkpearls.co.uk is not
responsible for the operation of or content located on or through any such
site.
Shipping
Pinkpearls ships from
different warehouses. For orders with more than item, we may split your order
into several packages according to stock levels at our own discretion for more
information please check our terms and conditions.Thank you for your
understanding.
Pinkpearls strongly
recommends all customers to purchase shipping insurance during the checkout.
This ensures that if there are any issue during the delivery process that Pinkpearls will send
you the same product free of charge. If the item becomes unavailable we will
offer you alternative refund options.
Orders that do not have shipping insurance
will not be the responsibility of Pinkpearls in the event that there is an issue
during the shipping process.
Whatever the customer orders is what we
ship. We can not be held liable for the customer receiving the wrong item if
they placed the wrong order.
If a delivery fails for any reason and the
address sent to was the correct address as provided by the customer, Pinkpearls cannot be
held liable if a package is returned to us.
Please let us know as soon as possible if
you have not received your package. With standard shipping, after 3 months from
the date we ship your package (for Latin American we will extend this to 4
months for postal deliveries), we will no longer be able to offer any
compensation. All expedited delivery issues must also be reported within 3
months from the shipment date. Also kindly note that this does not apply to any
packages sent via expedited shipping methods and shown as delivered on the
shipping company's tracking site.
Remedies
You agree that Pinkpearls.co.uk's remedy
at law for any actual or threatened breach of this Agreement would be
inadequate and that Pinkpearls.co.uk shall be
entitled to specific performance or injunctive relief, or both, in addition to
any damages that Pinkpearls.co.uk may be
legally entitled to recover, together with reasonable expenses of any form of
dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Pinkpearls.co.uk shall be
exclusive of any other, whether at law or in equity, including, without
limitation, damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by Pinkpearls.co.uk of its
rights or remedies under these terms and conditions shall imply any obligation
to grant any similar, future or other waiver.