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TERMS AND CONDITIONS OF USE AND SALE
1. SCOPE AND PARTIES
1.1. These Terms and Conditions (“Agreement”) are applicable to the website www.pinkycute.com managed and operated by Online Compare Ltd.
1.2. All references to "PINKY CUTE/we/our/us" in this Agreement refer to Online Compare Ltd t/a PINKY CUTE, located at 41 Devonshire Street, Ground Floor, London W1G 7AJ, United Kingdom.
All references to "you/your" or the “User” refer to a user of the Website or a customer of the Products and Services offered by PINKY CUTE on the Website.
PINKY CUTE and the User shall be referred to as the "Parties" collectively and as the "Party" individually.
1.3. PINKY CUTE disclaims all warranties whether express or implied in relation to the Content published on the Website. The acknowledgement and acceptance of this disclaimer is a condition of a User accessing the Website and the Content. Your statutory rights as a consumer are not affected by this.
- form an integral agreement between you and us;
- document and contain important information about PINKY CUTE and the legal terms and conditions on which we sell any of the Products listed on the Website; and
- will apply to any sale of Products to on the Website.
Please read these Terms of Sale carefully and make sure that you understand them, before ordering any Products from the Website. Before placing any Order you will be asked to agree to these Terms of Sale. If you refuse to accept these Terms of Sale, you will not be able to order any Products from the Website.
1.5. By accessing and using the Website and/or by submitting an Order, you are accepting to be bound by this Agreement.
In this Agreement,
2.1. “Content” means the content and information of the Website, including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, source codes, design, articles and blog posts, and other material contained on the Website; as well as the infrastructure used to provide such content and information on the Website.
2.2. "Order" means any order form for Products completed and submitted by a Customer in the purchase page of the Website and paid for in advance at the checkout page of the Website.
2.3. "Our Partners" or ”Partner” means any third party acting as an independent contractor, who engage with us to provide any of the Products and related Services requested by a Customer.
2.4. ”Prices” means the prices payable by the Customer to us, as set out on the Website and the Order, for any Products purchased by a Customer as confirmed in an Order.
2.5. “Products” means any products listed on the Website.
2.6. “Services” means the services related to the use of the Website and the purchase and sale of the Products such as the fulfilment of an Order, the delivery of Products, and customer support services.
2.7. "User" means any natural or, if applicable, legal person, who accesses to the Website, whether as a visitor or as a customer submitting an Order (in case of submission of an Order, the User shall be hereinafter referred to as the "Customer" in relation to the sale of the Products).
2.8. "User/Customer Information" means
(i) any information provided by a User to us when using the Website and
(ii) any information and documents provided by a Customer to us in relation to an Order, including as specified in clause 4.2.2. of this Agreement.
2.9. "Website" means the online site at www.pinkycute.com, including the Content, Products description, and other information therein.
3. AMENDMENTS/UPDATES IN THE AGREEMENT
3.1. PINKY CUTE shall have right and authorization to change or update any terms and conditions contained in this Agreement and in any of the other documents that form part of the Terms of Sale, at any time, whether it is partially or completely.
3.2. The User shall not claim, demand or state that he/she is not notified about the referred changes and updates by PINKY CUTE or the referred changes and updates cannot be applicable for the User, if the User
(i) has been directly notified by PINKY CUTE of such changes and updates,
(ii) has used the Website in any manner or
(iii) submits an Order after changes and updates have been made.
3.3. It is the User’s responsibility to check the Terms of Sale periodically for changes/updates and, particularly, BEFORE submitting an Order (when an express acceptance to this Agreement will be required) to ensure you understand the terms which will apply to your purchase at that time.
4. USE OF CONTENT AND USER/CUSTOMER INFORMATION
4.1. Age Restriction
To use/make use of the Website – including submitting an Order – Users must not be under the age of 18 or under the legal age in his/her country. Minors are strictly prohibited to use the Website and its Content or Services. If the User misrepresents his/her age as part of an Order, or any other communication with us, we shall have a right to cancel the Order without any prejudice or liability to PINKY CUTE.
By accessing/using the Website and its Content/Services, the User agrees and guarantees that he/she meets these age restriction requirements.
4.2. User/Customer Information and Privacy
4.2.1. The User shall agree and guarantee to give complete and accurate information and update the referred information accordingly when the User submits an Order or uses the Content/Services in any manner.
4.2.2. The Services offered are to be rendered by Our Partners, as sub-contractors and the User accepts that the Services will be subcontracted to Our Partners.
4.2.5. PINKY CUTE collects, processes, and uses your personal data (hereafter “Data”) only if we have obtained your consent or a statutory provision allows for the collection, processing or use of your Data. As such, we will only collect, process and use Data necessary for the provision of the Services rendered by PINKY CUTE and for the use and operation of the Websites.
4.2.7. PINKY CUTE will share Customer Information and may disclose Customer’s Data with Our Partners, who may further process your Data as necessary, for the sole purpose of the sale of the Products and provision of the Services. In this regard, the User agrees to our sharing of Data to Our Partners and waives any right of recourse against PINKY CUTE for the use of the Data by Our Partners accepting that their actions do not confer any liability on PINKY CUTE.
4.3.1. The User guarantees not to use programmes or functions to generate automated page impressions or content on the Website.
4.3.2. The Content is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through our Website.
4.3.3. You also agree not to:
(i) use the Website or its Content for any commercial purpose;
(ii) access, monitor or copy the Website or any Content by using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iii) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(iv) deep-link to any portion of the Website for any purpose without our express written permission;
(v) "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorization; or
(vi) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by PINKY CUTE in connection with the Website, Products or Services.
4.3.4. PINKY CUTE shall not be liable for any condition and consequence arising out of or relating to the loss or unavailability of the Website and/or any Content as a result of technical reasons while providing Content or Services.
4.3.5. There is no health or specialist advice provided on the Website. The Content and any information provided by the Website are for general information purposes only.
4.4. Third-party content
4.4.1. To protect the Users from improper advertising or solicitation and to maintain usage integrity on the Website, PINKY CUTE shall have the right to restrict access to Content or Services for any Users, partially or completely.
4.4.2. There may be third-party links, contents, including advertisements, on the Website. The User shall decide solely whether to access or use or not to use contents of third parties via the Website. Terms and conditions of use of the referred third-party contents shall be determined by their owners. In this regard, the User acknowledges and accepts that PINKY CUTE do not have any power to determine these terms and conditions of use and any dispute or claim in relation to the referred terms and conditions of use shall not be asserted against PINKY CUTE.
4.4.3. The User acknowledges that PINKY CURTE is not responsible for the content of external websites linked on the Website.
4.4.4 Any advertisements on the Website will be marked as such. PINKY CUTE shall not be liable for the accuracy, quality, completeness, reliability, or credibility of content provided by third parties.
5.1.1. All Orders made by you through the Website are subject to acceptance and availability. We may choose not to accept your Order for any reason.
5.1.2 Prices are correct at the time of entering information, however, we reserve the right to change Prices without prior notice (although we will inform you if any such price change affects your Order).
5.1.3 Only when we accept the Order by sending you a confirmation email that your Order has been dispatched will a contract for the sale of products, in terms of this Agreement, have been created between yourself and us.
5.2. Cancellation and Returns
5.2.1. UK and EU Customers have a statutory right to cancel their Order, under the Consumer Protection (Distance Selling) Regulations of 2000, within fourteen (14) working days following the latest of the submission of an Order or the receipt of the Products, without any payment liability.
5.2.2. Refunds for Orders cancelled under the provisions of the Consumer Protection (Distance Selling) Regulations will be processed in accordance with your legal rights.
5.2.3. To cancel an Order or return a Product to us, you need to Contact Us and then follow the instructions you'll receive by email.
5.2.4. In case of returns under this clause 5.2, Products must be unopened, unused or unworn and have packaging or tags intact. You have 14 days from the date on which you’ve told us you wish to return the Products to return the Products to us.
5.2.5. We will refund you within 14 days of receiving your cancellation notice or from the date on which we have received the Products back, as applicable.
5.2.4. We do not offer exchanges of Products.
5.2.5 All purchases are covered by our 1-year Product guarantee. If anything goes wrong with your Product, we'll replace it for up to a year after purchase.
5.3. Shipping and Delivery; Time of performance is not of the essence
5.3.1. We shall use all reasonable endeavours to complete our obligations under this Agreement, but time will not be of the essence in the performance of these obligations or the sale of the Products or provision of the Services.
5.3.2. Our Delivery Policy provides estimated shipping and delivery times for Orders, but please note that this are not exact delivery times. PINKY CUTE does not guarantee that the Products will be delivered on the estimated times applicable to your Order.
5.3.3 All Orders have tracked shipping. Your tracking code will be shown in your Order despatch email.
6. FEES, PAYMENTS AND REFUNDS
6.1. The Customer agrees to pay the Prices in advance, upon submission of the Order. Such payment shall be subjected to the terms and conditions of this Agreement.
6.2 If the Customer wishes to purchase additional Products not included in an Order, such additional request and payment shall be done by submitting a new Order for such additional Products.
6.3. The Customer acknowledges and accepts that all sums payable by the Customer for the Products, are exclusive of any value added tax (VAT), which shall be added to the Prices as applicable.
6.4. Payments will be executed online via PayPal or by debit or credit card. Payments will be taken in the currency and at the rate stated at the Website and Order at the time of ordering.
6.5. PINKY CUTE will not provide any Products, or engage any Partner in the provision of the Services relating to an Order, until we have received notification of full payment of the Prices in cleared funds, including the corresponding payment of VAT.
6.6. All refunds, as applicable, will be processed within 14 business days from your request.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. All Content, any copyrighted material and/or any other protected proprietary information, names and trademarks on the Website (“Our Intellectual Property”) and any title, rights and interests on Our Intellectual Property are exclusively owned by PINKY CUTE. Nothing in this Agreement shall be construed to provide any right or license to the Users to use Our Intellectual Property for any purpose, without express prior written content of PINKY CUTE. Except as set forth herein, the User shall not in any way copy, modify, publish, transmit, retransmit, display, sell, distribute, or reproduce or use in any manner Our Intellectual Property.
7.2. You hereby agree not to adapt, alter or create any derivative work from any of Our Intellectual Property.
7.3. Users are allowed to submit or post reviews, ratings and photographs of the Products on the Website (“User Content”). By submitting any User Content to the Website, you represent and warrant that:
- you are solely responsible for the contents of your submission;
- you are the sole author of the intellectual property rights thereto;
- all “moral rights” that you have in such content have been voluntarily waived by you;
- none of the User Content that you submit is subject to any obligation of confidence on the part of PINKY CUTE, its agents, subsidiaries, affiliates, Partners or third party service providers and their respective directors, officers and employees;
- all content that you post is accurate;
- you are at least 18 years old;
- use of the User Content you supply does not violate this Agreement and will not cause injury to any person or entity;
7.4. You further agree and warrant that you shall not submit any User Content:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
7.5. You agree to indemnify and hold PINKY CUTE and its officers, directors, agents, subsidiaries, joint ventures, employees and Partners, harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
7.6. For any User Content that you submit, you hereby grant us a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
7.7. All User Content that you submit may be used at our sole discretion. PINKY CUTE reserves the right to change, condense or delete any User Content on the Website. PINKY CUTE does not guarantee that you will have any recourse through the Website to edit or delete any User Content you have submitted. We reserve the right to remove or to refuse to post any User Content submission for any reason.
8. TERM AND TERMINATION
8.1. For the sections related to the use of the Website and the Content, and the Users/Customers Information, this Agreement shall be in full force and effect from the date in which the User access the Website until the term one year from the date on which he/she last access the Website.
8.2. For the sections related to the Products, Orders and Services, this Agreement shall be in full force and effect from the date on which an Order is submitted until the date on which the Order and related Services have been completed or cancelled, in accordance with this Agreement.
8.3. Either Party may terminate the Agreement immediately, by giving written notice to the other Party if the other Party commits any breach (whether or not considered material) to any of the provisions of this Agreement and, if the breach is capable of remedy, fails to remedy it within 15 business days after being given written notice giving full particulars of the breach and requiring it to be remedied. A breach shall be considered capable of remedy if the Party in breach can comply with the provision in question in all respects.
8.4. In the event of termination of this Agreement for any cause, we shall retain any sums already paid to us by the Customer, without prejudice to any other rights we may have whether at law or otherwise if a breached occurred, unless any such sums are to be refunded subject to the terms of this Agreement.
9. ASSIGNMENT AND SUB-CONTRACTING
9.1. The User shall not assign, transfer or charge any right or warrant hold directly or indirectly related to this Agreement, to any third party, without prior written consent of PINKY CUTE.
9.2. PINKY CUTE may assign, transfer or charge all or part of its rights, warrants or obligations under this Agreement, at any time, to any third party, without notice to the User. PINKY CUTE may sub-contract the performance of any of its obligations under an Order and this Agreement without the prior written consent of the Customer. PINKY CUTE shall be responsible for every act or omission of the sub-contractor as if it were an act or omission of PINKY CUTE itself.
10. LIABILITY AND INDEMNITY
10.1 Except in respect of death or personal injury caused by PINKY CUTE’s negligence, we will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms contained herein, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by Our Partners, agents or otherwise) in connection with the performance of its obligations under these terms and conditions or with the use by the Customer of the Website, the Products or the Services.
10.2 The User shall indemnify us against all damages, costs, claims and expenses suffered by us arising from loss or damage to any property (tangible or intangible) (including that of Our Partners) caused by the User from their use of the Website, the Content or the Services.
10.3 PINKY CUTE shall not be liable to the Customer or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform any of its obligations under this Agreement, if the delay or failure was due to any cause beyond our reasonable control.
10.4. Waiver of Warranty
10.4.1. THE WEBSITE, THE CONTENT AND/OR THE SERVICES ARE PROVIDED "AS IS". THE USER USES THE REFERRED AT HIS/HER OWN RISK AND CONTROL. PINKY CUTE GIVES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, (I) AGAINST ANY KIND OF DEFECT, SEIZURE, THIRD PARTY OWNERSHIP, INTELLECTUAL PROPERTY OWNERSHIP CLAIMS, AND/OR (II) CONCERNING THE CONTINUITY, ACCURACY, RELIABILITY, QUALITY, UNINTERRUPTIBILITY, OF THE WEBSITE, THE CONTENT, THE PRODUCTS AND/OR THE SERVICES.
10.4.2. THE PROVISIONS OF CLAUSE 10.4.1. ABOVE SHALL NOT BE INTERPRETED AS THAT WE HAVE TAKEN OR WILL TAKE DELIBERATE ACTIONS TO CAUSE ANY KIND OF ISSUES AS REFERRED IN SUCH CLAUSE.
10.5 Limitation of Liability
10.5.1. IN NO EVENT WHETHER IN CONTRACT, TORT, OBJECTIVE LIABILITY OR ANY OTHER LEGAL LIABILITY REGULATIONS AND PRINCIPLES SHALL PINKY CUTE BE LIABLE TO THE USER OR ANY THIRD PARTIES RELATED TO THE USER, UNDER ANY CIRCUMSTANCES, WITHOUT LIMITATION IN TIME, FOR ANY CONSEQUENCE, LOST PROFIT, LOST SAVING OR INCIDENTAL, INDIRECT, DIRECT, SPECIAL, PERSONAL, PUNITIVE, MULTIPLE OR CONSEQUENTIAL DAMAGE, LOSS ARISING OUT OF THE USER’S USE, ABUSE, INABILITY TO USE, OR MISUSE OF THE WEBSITE, THE CONTENT, THE PRODUCTS AND/OR THE SERVICES, EVEN IF PINKY CUTEIS INFORMED ABOUT THE POSSIBILITY OF SUCH DAMAGES AND CONSEQUENCES TO OCCUR.
10.5.2. IN ANY CASE, PINKY CUTE’S LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE AMOUNT OF THE PRICES PAID BY THE CUSTOMER UNDER THE CORRESPONDING ORDER.
11. FORCE MAJEURE
The Parties shall not be liable for any failure or delay in performing their obligations under this Agreement where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or orders, epidemics or pandemics, or any other event that is reasonably unpredictable and beyond the reasonable control of the Party in question.
12.1 No waiver by PINKY CUTE of any breach of this Agreement by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of this Agreement shall be effective only if given in writing and signed by the waiving Party and then only in the instance and for the purpose for which the waiver is given.
12.2 No failure or delay on the part of any Party in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude, any other or further exercise of any other right, power or privilege.
If any provision contained in this Agreement is found to be illegal or unenforceable for any reason, that provision shall be replaced by a valid one to the maximum extent permissible so as to affect the intent of the Parties and the remainder of this Agreement shall remain in full force and effect. However, if it is determined that the clause found to be illegal or unenforceable could not be reformulated, it is agreed that the clause in question is separable from the remaining provisions of the Agreement and that determination shall not affect the validity and enforceability of these remaining provisions.
14.1 All notices under this Agreement shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
14.2 Notices shall be deemed to have been duly given: (i) when received, if delivered by post, courier or other messenger (including registered mail) during normal business hours of the recipient; or (ii) when sent, if transmitted by e-mail.
14.3 Service of any document for the purposes of any legal proceedings concerning or arising out of this Agreement shall be effected by either Party by causing such document to be delivered to the other Party at its registered or principal office, in the case of PINKY CUTE, or at such address provided by the User through the Website or directly to PINKY CUTE from time to time.
15. APPLICABLE LAW AND JURISDICTION
15.1 This Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
15.2 Any dispute, controversy, proceedings or claim between the Parties relating to this Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the exclusive jurisdiction of the courts of England and Wales.