Terms & Conditions

Last Updated: April 2011

Definitions

"Conditions" means these terms and conditions;

• "Contract" means the contract incorporating these Conditions which is formed when You place an Order and We confirm acceptance of such Order;
• "Order" means an order placed by You via this Website for one or more Products;
• "Personal Information" means all and any information provided by You in an Order or when registering on any part of this Website to include without limit your name, address and financial information;
• "Product" means any product advertised on this Website;
• "UK" means England, Scotland, Wales, Northern Ireland and Isle of Man
• "We/Us/Our" means Pregalicious of 53 Reginald Road, Maidstone, Kent, ME16 8EX;
• "Website" means Pregalicious.co.uk which is operated by Us; and
• "You/Your" means a user of this Website.

Use of This Website

Application of These Conditions

These Conditions apply to use of this Website and are the terms and conditions on which We will supply any of the Products to You and by proceeding further and/or placing an Order You agree to be bound by the Conditions. If You do not agree to be bound by them, You should leave this Website now.

Please click on the checkbox to mark your acceptance of these Conditions before placing an Order if You accept them. Please understand that if You refuse to accept these Conditions, You will not be able to order any Products from the Website.

The terms and conditions applicable to the purchase of Products offered for sale through this Website and elsewhere shall be mutually exclusive. In particular, promotions and offers advertised on this Website shall not be valid in connection with any purchase elsewhere, and promotions and offers available elsewhere shall not be valid in respect of Website purchases.

When using the Website, You accept that communication with Us will be mainly electronic. We will contact You by email or provide You with information by posting notices on the Website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Changes

We may change these Conditions from time to time without notice to You. Changes will apply to any subsequent Orders received. It is your responsibility to check regularly to see if any changes have been made to these Conditions. We reserve the right to modify or withdraw this Website at any time without liability to You.

Queries

If You have any questions relating to these Conditions or ordering the Products generally please contact us.

Your Account

You are responsible for maintaining the confidentiality of the password chosen by You when You register on the Website and for restricting access to your computer and/or email address to prevent unauthorised access to your account.

Description and Availability

We take all reasonable measures to ensure that details, measurements and descriptions of Products given on this Website are as accurate and complete as possible but there may be variations between these and the Products themselves. All Products are subject to availability.

Price

Prices appearing on this Website are inclusive of VAT (where applicable) at the current rates.

The cost of your Order will be the price of the Products ordered plus the appropriate delivery charge. Please note that all prices on this Website are for online purchases only.

Due to circumstances beyond our control prices may have to be altered, including any variations in the rate of VAT. If this occurs You will be notified and requested to reconfirm your Order at the altered price.

By notifying You, We shall be entitled to cancel any Contract in whole or in part to the extent that it is for the purchase of a Product the price of which was stated incorrectly on the Website.

Placing an Order

You must not order Products via this Website if You are younger than 16 years of age.

All Orders are subject to acceptance by Us and are subject to availability. After placing an Order, You will receive an email 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 to Us to buy a Product. All Orders are subject to acceptance by Us and We will confirm such acceptance by dispatching your Order. You will receive an email that confirms that the Product has been dispatched (the "Dispatch Notice"). The Contract between Us will only be formed when We send You the Dispatch Notice.

You may cancel a Contract and obtain a refund any time within 28 days of receipt of Products by notifying Us in writing and returning the Products to Us (See "Returning Products" below.).

Payment Methods

We currently accept payment by PayPal.

By placing an Order, You confirm that the PayPal account being used is yours.

We may undertake searches with credit reference agencies for the purpose of verifying your identity and the Personal Information You submit as part of an Order. To do so the agencies may check your Personal Information against any particulars on any database (public or otherwise) to which they have access. They may also use your details in the future to assist other companies for verification purposes. By submitting your Order You agree to this. For details of the credit reference agencies we receive information from and share information with, write to Data Protection Compliance Officer, Pregalicious, 53 Reginald Road, Maidstone, Kent, ME16 8EX.

Shipping

UK Standard Delivery

Standard delivery to a Uk address is free of charge.

Items are sent by Royal Mail standard parcel 2nd class post. We aim to dispatch your order within 1 working day. Most items arrive between 3–5 working days but please allow 5–7 working days for delivery.

If an item is out of stock we will inform you as soon as possible and provide an expected delivery date.

UK Fast Delivery

We are able to offer a fast delivery service for a small charge of £1.50. Your order will be dispatched via Royal Mail First Class Recorded post and normally arrives within 1-3 working days.

Eire & Europe

Delivery to Eire and Europe will cost £9.00 and will be shipped via Royal Mail.

Rest of the World

Please contact us for a delivery quote if you reside outside those territories stated above.

General Indemnity

You agree to indemnify Us fully from and against all claims, liability, damages, losses, costs and expenses (including legal fees) arising out of any breach of these Conditions by You or any other liability arising out of your use of this Website or out of the use of this Website by any person using your account number and/or password.

Our Liability

We warrant to You that any Product purchased from Us through the Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

Our liability for losses You suffer as a result of Us breaching this Contract is strictly limited to the purchase price of the Product You purchased.

To the fullest extent possible and except for the warranty set out above, We disclaim any and all warranties of any kind (whether expressed or implied) in relation to the Products.

We will not be liable to You in contract, tort, or otherwise for any loss of profits, loss of business, loss of anticipated savings, loss of opportunity, loss of data or any other indirect or economic losses whatsoever suffered or incurred by You arising out of the subject of these Conditions.

Nothing herein shall affect your statutory rights.

Nothing in these Conditions shall limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, under section 2(3) of the Consumer Protection Act 1987, for fraud or fraudulent misrepresentation or for any matter for which it would be illegal for Us to exclude, or attempt to exclude Our liability.

Language

English language is the only language offered for the conclusion of a Contract.

Transfer

We may assign or transfer any of our rights or obligations under a Contract.

You may not assign or transfer any of Your rights or obligations under this Contract.

Waiver

If We fail, at any time of the Contract, to insist upon strict performance of any of Your obligations under the Contract, or if We fail to exercise any of the rights or remedies to which We are entitled under this Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.

A waiver by Us of any default shall not constitute a waiver of any subsequent default.

No waiver by Us of any of the terms and conditions of the Contract shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.

Severability

If any part of these Conditions is held to be invalid or unenforceable in whole or in part the invalid or unenforceable wording shall be deemed to be omitted, and the rest of the Conditions shall continue to be valid to the fullest extent permitted by law.

Entire Agreement

Each Contract shall be governed by these Conditions which contain the entire agreement between You and Us in respect of its subject matter and supersedes any previous agreements relating to such matter.

Governing Law

These Conditions shall be governed by and construed in accordance with English law and You hereby submit to the exclusive jurisdiction of the English courts.

Third Parties

The Contracts (Rights of Third Parties) Act 1999 shall not apply.

Secure Online Shopping

Secure Certificate

We believe that buying online at Pregalicious.co.uk is as secure as shopping in a store. This is because:

• All payment transactions are processed by PayPal over an SSL 128-Bit encrypted secure connection; and
• The padlock symbol, at the bottom of your browser window confirms this level of encryption. If You click on this, You will see PayPal's VeriSign secure certificate, meaning that your data is visible only to PayPal.

Satisfaction Guarantee

Our Guarantee

It is important to Us that You are delighted with all our Products. Goods which are not of satisfactory quality, not as described or simply unwanted may be returned for a full refund, exchange or credit note. Simply return the item(s), unused and in its / their original condition and packaging, within 14 days of receipt.

Returning Products

Please return all items unworn with the tags still attached.

Fill in the Returns Form that was enclosed in your delivery.

We strongly recommend that when returning goods, you obtain a "Proof of Postage" from the Post Office.

Refunds will be raised against your original method of payment. Please allow up to 28 days for this to show on your statement.

We regret that we are unable to refund any returned postage costs.

If a replacement item is requested, this will be dispatched immediately upon receipt of the returned goods.

Intellectual Property

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content appearing on this Website shall remain at all times vested in Us or our licensors.

Notices

All notices given by You to Us shall be to Our address set out in these Conditions. We may give notice to You at either the email or postal address You provided to Us when placing the Order. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an email is sent, or 3 days after the date of posting any letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

Events Outside Our Control

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

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes, in particular (without limitation) the following:

• Strikes, lock-outs or other industrial action;
• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• Impossibility of the use of public or private telecommunications networks; and
• The acts, decrees, legislation, regulations or restrictions of any government.

Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.