Peach Perfect Customer Terms
This document (together with any documents referred to in it) tells you the terms and conditions (‘Customer Terms’) upon which we sell and supply the goods (the 'Goods') listed on this website (the 'Site') to you.
We reserve the right to revise and amend the Site, our disclaimers and the Customer Terms at any time without notice to you. Your continued use of the Site (or any part thereof) following a change shall be deemed to be your acceptance of such change.
This Site is owned and operated by Kate & Ian Findlay trading as Peach Perfect. Our trading address is 32, High Street, Barford, Warwick, CV35 8BU. We are not yet VAT registered.
Access to the Site
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice.
When registering on the Site you must treat your registration identification code and password as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password at any time, if, in our opinion, you have failed to comply with any of the provisions of these Customer Terms
You are responsible for all actions taken under your chosen username and password. By registering on the Site, or purchasing as a guest, you undertake that all the details you provide to us are true, accurate, current and complete in all respects.
If you are under 18 years of age you must have the permission of a parent or guardian to register with and purchase the Goods from this Site in conjunction with and under their supervision.
Intellectual Property Rights
You acknowledge that the intellectual property rights in the material and content supplied as part of the Site shall remain with us or our licensors.
You may download or copy the content and other downloadable items displayed on the Site subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
Goods sold by us and other Site content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
You must not extract or otherwise use any of the content on the Site and/or Service for commercial purposes without obtaining a licence to do so from us or our licensors.
Placing an Order
All orders are subject to acceptance and availability. If any Goods ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
Any order placed by you constitutes an offer to purchase the Goods from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
A contract between you and us (the 'Contract') incorporating these Customer Terms will only subsist after we have debited your payment card and have confirmed that we will be processing the order and dispatching the Goods. We will send you an email to confirm this ( 'Order Confirmation ‘). The Order Confirmation will amount to an acceptance of your offer to buy the Goods from us.
The Contract will relate only to the Goods stated in the Confirmation Notice and not necessarily to all of the order if it cannot be fulfilled in full for whatever reason.
All Goods ordered by you must be for private or domestic use only and not for resale
You will be subject to the version of our Customer Terms published on the Site at the time of order.
Unless otherwise stated, the prices quoted include VAT but exclude delivery costs which will be added to the total order. Prices for delivery are quoted for delivery in the United Kingdom. See delivery charges for standard Peach Perfect pricing policy. Sometimes a product will be supplied directly from the supplier in which case the delivery will not be standard and will be advised at order point.
We reserve the right, by giving notice to you at any time before shipment, to increase the price of the Goods to reflect any increase in the cost to us due to any factor beyond our control. In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery.
Payment for goods can be made by PayPal and Credit card & debit card via SagePay secure payment gateway
You authorise us to transmit the payment and delivery information provided by you during the order process for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
We use the services of recognised secure third party payment applications, and take all reasonable care to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Site.
We aim to turn around orders within 48 hours. However in busy periods it may take longer. Any dates quoted for delivering the Goods are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.
Some goods will be dispatched directly from the supplier in which case different dispatch and delivery times to the Peach Perfect standard may apply. These will communicated to you when the order is confirmed. If the lead time is too long you have the right to cancel.
We shall not be liable for any delay in delivering the Goods, however caused.
The Goods may be sent to you in instalments if they are not in stock or if part of the order is coming directly from the supplier. You may cancel the outstanding part of your order and receive a refund of the purchase price of the outstanding Goods
If you are asked for your signature on delivery, you must examine the Goods before signing for it.
Our Site is only intended for use by customers resident within the United Kingdom of Great Britain and Northern Ireland. We may, in our sole discretion, accept orders from individuals located outside the United Kingdom and ship overseas subject to you paying for the additional shipping or postage costs. You will have an opportunity to cancel your order in case these costs are not acceptable.
Goods ordered from the Site for delivery outside the United Kingdom may be subject to import duties or other expenses incurred in order to comply with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including VAT and the cost of delivery.
Cancellation and Returns
As with all online businesses in the UK, we are governed by the Distance Selling Regulations.
You have the right to cancel the order before dispatch by email to email@example.com or return any delivered item within 30 days of receipt to Peach Perfect, 32, High Street, Barford, Warwick, CV35 8BU. You must send the goods back to us in their original condition and in the original packaging to our contact address at your own cost (unless we delivered the item to you in error or the item is damaged or defective) as soon as possible. We advise you to use a signed-for delivery service with proof of postage. The goods remain your property and responsibility until we receive them back.
We will process a refund or delivery of a replacement item as soon as possible and, in any case, within 14 days of the day of receipt back to us. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. If the goods are being returned because they are damaged, faulty or wrongly delivered then we will also refund the cost of returning the goods to us.
We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.
You will not have a right to cancel an order if the goods are bespoke or have been personalised or which may deteriorate (such as food or flowers)
If the goods have been dispatched directly from a supplier then different terms may apply and the instructions for return (such as the return address) will be different to the Peach Perfect standard. In which case the instructions will be in the delivered package or email us on firstname.lastname@example.org we will supply you with the instructions for return.
Cancellation by us
We reserve the right to cancel the contract between us if for whatever reason we cannot fulfil the order. This could be due to out of stock or discontinuance or due to an error in description on the Site.
If your order is cancelled or rejected and you have already paid for the Goods, you will receive a full refund
If you have a comment, concern or complaint about any Goods you have purchased from us or about our service please contact us via email at email@example.com or by post at 32 High Street, Barford, Warwick CV35 8BU
You acknowledge that any review, feedback or rating which you leave may be published by us on the Site and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other Sites, publications or marketing materials.
We reserve the right not to publish a review for whatever reason.
You may link to our Home Page only from a Site or document provided:
The Site or document is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it and does not suggest any form of association, approval or endorsement on our part where none exists
We have no obligation to inform you if the address of the Site home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
The Company expressly reserves the right to withdraw linking permission at any time and to take any action it deems appropriate.
The Site may provide links to other Sites for your information. We have no control over such sites and access to any third party Sites linked to the Site is entirely at your own risk. We accept no responsibility for third party Sites or for any loss or damage that may arise from your use of them.
Liability and Indemnity
To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.
The Site is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Customer Terms or required by law) in relation to the information, materials, content or services found or offered on the Site for any particular purpose or any transaction that may be conducted on or through the Site including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Site or that it will be timely or error-free, that defects will be corrected, or that the Site or the server on which it is hosted are free of viruses or bugs. We will not be liable for any damage or loss caused by any virus or malware infiltration of the Site that may infect your computer
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Site and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Site.
We will endeavour or keep all personal financial information secure by utilising recognised secure third party payment applications. However we cannot guarantee and cannot be responsible for the security or privacy of the Site and any information provided by you.
Nothing in these Customer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
Computer Misuse Act 1990.
Should you misuse our Site by:
1) Introducing any malicious or harmful material, such as viruses, Trojans, worms or logic bombs
2) Attempting to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.
3) Attacking our Site via a denial-of-service attack or a distributed denial-of-service attack.
you would commit a criminal offence under the Computer Misuse Act 1990 and we will report any such breach to the relevant law enforcement authorities.
These Customer Terms and any documents expressly referred to in them represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
Each of us agrees that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Conditions.
We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control ('Force Majeure'), which, without limitation, include acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the supplier’s (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
Third Party Rights
No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of Peach Perfect ) under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Waiver and Severability
If any provision of these Customer Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3
Governing Law and Jurisdiction
The Website is controlled and operated in the United Kingdom. Every purchase you make shall be deemed performed in England and Wales.
The Customer Terms and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales