Terms and Conditions
TERMS AND CONDITIONS OF SUPPLY OF PRODUCTS AND TERMS AND CONDITIONS OF USE OF THE PLAISIRS WEBSITE
Welcome to the www.plaisirsboutique.com terms and conditions. This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the lovely products (Products) listed on our website www.plaisirsboutique.com ("Plaisirs Website", "our site") to you. By using the Plaisirs Website and/or by placing an order of any of our Products, you agree to be bound by these terms and conditions. 'Us' means Plaisirs and you together; and 'you' and 'your' means the person ordering goods under these terms and conditions.
You should print or save a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
www.plaisirsboutique.com is a website operated by Plaisirs Limited (Plaisirs). We are registered in Guernsey under company number 47120 and with our registered office at Plaisirs Limited, Le Douit Farm, Les Reveaux, St Peters, Guernsey, Channel Islands, GY5 7JS. Our main trading address is Plaisirs Limited, 9 Market Street, St Peter Port, Guernsey, Channel Islands, GY1 1HF.
2. THE CONTRACT BETWEEN US
2.1 After placing an order, you will receive an email from us acknowledging that we have received your order and you will receive an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. If we are unable to fulfil your order following this acknowledgement, we will contact you by email or telephone advising you of this. Plaisirs must receive the whole of the price of the Product(s) before your order can be accepted. Our acceptance of your order will take place, and the contract between us (Contract) will only be formed, upon receipt of full payment of your order and the dispatch of the Product(s) ordered. Please note that every purchase you make shall be deemed performed in Guernsey. Guernsey law shall govern every aspect of contractual agreement concerning purchases made from the Plaisirs WebSite.
2.2 In the event that we are unable to fulfil every part of your order, and after having advised you of this, you are happy for us to take payment of only part of the order, the Contract will relate only to those Products whose dispatch we have confirmed to you by email. We will not be obliged 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 email.
3. LINKS TO OTHER WEBSITES
We may also provide links on the Plaisirs Website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through the Plaisirs Website, or from companies to whose website we have provided a link on the Plaisirs Website, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller.
4. CANCELLATION OF THE CONTRACT
4.1 If you are contracting as a consumer, you may cancel your Contract within seven working days, beginning on the day after you received the Products by following the procedure set out in clause 4.3.
4.2 This right to cancel does not apply to business customers.
4.3 To cancel a Contract, you must
(a) inform us in writing by email at firstname.lastname@example.org; and
(b) return the Product(s) (in their original packaging) to us immediately at your own risk to Plaisirs Limited, 9 Market Street, St Peter Port, Guernsey, GY1 1HF. It is advisable that you obtain a certificate of posting;
(c) return the Product(s) to us in the same condition in which you received them, and therefore in their original, unopened and unused condition. Returned Product(s) must be in a perfect resaleable condition; and
(d) include a note saying who you are and whether you would like a refund, exchange or credit note.
You, the customer, shall inspect the goods upon receipt and shall be deemed to have accepted the goods unless within 7 days after their receipt you have notified Plaisirs that the goods are rejected under clause 4.1. (This does not however affect the customer's statutory rights). If no such action has been taken, Plaisirs shall consider the products being as described, of satisfactory quality and fit for their purposes, and may not accept any rejection by you of the Product(s) at a later date.
6 OUR REFUNDS POLICY
6.1 When you cancel a Contract and return a Product(s) to us within the seven day period stated in clause 4.1 (for instance, because you have cancelled the Contract between us, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your entitlement refund via email within a reasonable period of time. We are unable to accept returns on items of lingerie, swimwear, earrings. The Product(s) you return must be in new, unused and unworn condition with all original packaging and tags still attached as we will not accept any item with any indication that is has been used or worn. Unfortunately, we cannot make a refund for goods that have been opened or used or damaged or worn by you after receipt. In such cases, plaisirsboutique.com reserves the right to refuse to accept such item(s) and to return the same to the purchaser without refund.
6.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation or the day we confirmed to you via email that you were entitled to a refund for delivery of the defective Product. Time is not of the essence.
6.3 If you are returning a Product(s) to us because of a defect you will be entitled to a full refund (including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us) or replacement. The faulty or damaged product must be returned to, and received by, Plaisirs before the refund or replacement can be issued.
6.4 If you are returning a Product(s) within the seven-day cancellation period (see clause 6.1 above) you will be entitled to a refund of the cost of the Product(s) but you will not be entitled to a refund of the delivery charges. The Product(s) must be returned to, and received by, Plaisirs before the refund can be issued. You will be responsible for the cost of returning the item to us.
6.5 When returning items you are strongly advised to obtain proof of posting. We cannot accept responsibility for parcels lost in transit. The Product(s) are your responsibility until they reach us. We therefore recommend that you send the goods using a delivery company that insures you for the value of the goods.
6.6 Please note that our returns policy on www.plaisirsboutique.com is different to the returns policy for purchases made within the boutique.
7 AVAILABILITY AND DELIVERY
Once our order has been accepted we will make every effort to ensure that your order reaches you as quickly as possible. We endeavour to process your order on the: (a) same day for all orders received before 12.00noon (GMT) between Monday and Friday; and (b) following Monday (excluding public holidays in the UK) for all orders received on a Saturday or Sunday; however, we do ask for your patience during busy periods and public holidays in the UK. You can track the progress of your order at any time by logging into My Account from the Home page on our website. Your order will be fulfilled as soon as possible after your order is accepted and in any event within 30 days, unless there are exceptional circumstances. All delivery times quoted on the web site are estimates only, based on availability, normal processing and delivery companies.
8 RISK AND TITLE
8.1 The Products will be at your risk from the time of delivery.
8.2 Where the goods are signed for, the customer bears the risk once the goods are signed for. If a customer believes that a parcel has been tampered with, it is their responsibility to refuse to sign for the goods.
8.3 In the event of an order being lost by a third party, Plaisirs bears no risk once it has left their trading premises.
8.4 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9 PRICE, PAYMENT AND DELIVERY CHARGES
9.1 The price of any Product will be as quoted on the Plaisirs Website from time to time, except in cases of obvious error.
9.2 All prices of Products exclude delivery and packaging costs, which will be added to the total amount due as set out in clause 9.5.
9.3 Prices 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.
9.4 Payment for all Products must be by credit or debit card. We accept payment with Visa, Mastercard, Electron, Maestro, Switch and Solo.
9.5 Our delivery and packaging costs are:
(a) UK Mainland: Standard UK Signed For Delivery (including the Channel Islands): £4.50 (please note Standard UK Delivery is free for orders over £75)
(b) UK Special Delivery (including the Channel Islands): £8.50
(c) Europe Signed for: £12.50
(d) International Signed for: £17.50
Please note that for large orders, we reserve the right to increase our delivery costs. If you feel that you are about to make a large order, please contact us for a delivery quote. Alternatively, we will contact you once you have made your order to notify you of any further delivery charges due to the scale of your order.
For full details on delivery, please see our delivery information page.
9.6 On occasion, the prices payable and promotions offered in respect of goods advertised on the website may differ from those prices and promotions offered at the same time in our boutique. We are under no obligation to honour any in-store price or promotion in the event that they differ from those on the website. Similarly, our boutique is under no obligation to honour any website price or promotion in the event that they differ from those in-store.
10 OUR LIABILITY
10.1 We warrant to you that any Product purchased from us through the Plaisirs Website is of satisfactory quality.
10.2 Our liability in connection with any Product purchased through the Plaisirs Website is strictly limited to the purchase price of that Product.
10.3 The material displayed on the Plaisirs Website is provided without any guarantees, conditions or warranties as to its accuracy. The packaging may vary from that shown. The weights and dimensions are approximate only. We have made every effort to display as accurately as possible the colour of the products that appear on the website. However, as the actual colours you see will depend on your personal computer equipment, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the merchandise on delivery.
10.4 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising (including, without limitation, from making a purchase on our site or from using our site) and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
10.5 Nothing in this condition is however, intended to limit any rights you have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit Plaisirs' liability to you for any death or personal injury resulting from its negligence.
10.6 It is customary for the postal/courier companies that we choose to use to leave a notification card with their contact information should the delivery address be unattended at the time of delivery, however, this may not always be the case and plaisirsboutique.com will not take responsibility if a notification card is not left in any instance.
11 IMPORT DUTY
11.1 If you order Products from the Plaisirs Website for delivery outside of the UK, please note that your order may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. It is accepted by you that Plaisirs has no control over additional charges in relation to customs clearance. Plaisirs recommend that you check with your local customs office or post office for more information regarding importation taxes/duties that be applicable to your online order. You will be the importer of record and responsible for any import VAT and duty that may be borne. In addition, any charges for import clearance will be borne by you, the customer.
11.2 Please note that when shipping goods from Guernsey, cross border shipments may be subject to opening and inspection by customs authorities. In respect of all goods dispatched to you to an address outside of Guernsey, you are deemed to be the importer of the goods an d must therefore comply with all the laws and regulations of the country into which the goods are being delivered.
11.3 In respect of all goods dispatched to you to an address outside of Guernsey, you are deemed to be the importer of the goods and must therefore comply with all of the applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
11.4 Those who choose to access the Plaisirs Website from locations outside Guernsey or place orders for delivery to locations outside Guernsey are responsible for compliance with local laws if and to the extent local laws are applicable.
All notices given by you to us must be given to Plaisirs Limited at Plaisirs, 9 Market Street, St Peter Port, Guernsey, Channel Islands, GY1 1HF or email@example.com. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter.
13 FORCE MAJEURE
We will not be liable or responsible to you for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any event or circumstance outside our reasonable control (Force Majeure Event).
14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, 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 such obligations.
14.2 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 12 above.
If any part of these conditions is unenforceable (including any provision in which we excludes its liability to you) the enforceability of any other part of these conditions will not be affected.
16 ENTIRE AGREEMENT
These terms and conditions, together with the current Plaisirs Website prices, delivery details and Plaisirs contact details, set out the whole of our agreement relating to the supply of the goods to you by Plaisirs. These terms and conditions cannot be varied except in writing signed by a director of Plaisirs. In particular nothing said by any sales person on behalf of Plaisirs should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by Plaisirs. Plaisirs shall have no liability for any such representation being untrue or misleading.
17 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
17.1 We have the right to revise and amend these terms and conditions from time to time.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to 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).
18 LAW AND JURISDICTION
Contracts for the purchase of Products through the Plaisirs Website will be governed by Guernsey law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the Guernsey courts.
19 ACCESSING OUR SITE
Access to the Plaisirs Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason the Plaisirs Website is unavailable at any time or for any period.
20 INTELLECTUAL PROPERTY RIGHTS
The trade marks, logos and service marks ('intellectual property') displayed on our website are the registered and unregistered marks of Plaisirs, our affiliates, our licensors and/or our suppliers in the UK, US, Guernsey and other countries and are protected by UK and international trade mark laws, copyright laws and treaties. Except in connection with placing an order for merchandise or as required by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit our intellectual property or that of our suppliers without our or their prior written consent.
21 TRADE MARKS
PLAISIRS is a UK and Guernsey registered trade mark of Plaisirs.
22 RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
23 OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
24 INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
25 VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the Plaisirs Website by knowingly introducing viruses or other material which is malicious or technologically harmful. You must not attempt 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.
26 LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org.
We hope that you have a good experience using the Plaisirs Website. However, if you have a complaint with our site, please contact the Plaisirs Customer Service department at the following address: Plaisirs Customer Services, c/o Plaisirs Limited, 9 Market Street, St Peter Port, Guernsey, Channel Islands, GY1 1HF.