1. OUR GARMENTS
1.1 The images of the Garments on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Garments or mirror the image or design on the Garment precisely. Your Garments may therefore vary slightly from those images.
1.2 Although we have made every effort to be as accurate as possible, all sizes and measurements indicated on our Site relate to the sizes detailed in our Size Guides. However, these can not always be precise and there may be a very slight discrepancy in the size of the Garments. All of the garment sizes are stated in “to fit” sizing, therefore meant “to fit” a person of that size. Customers should note that every brand will have a size tolerance, a tolerance in which the garments dimensions are produced too. Each brands tolerance varies. Poppies and Pearls will take no responsibility for customers choosing the wrong size of garment.
1.3 All Garments shown on our Site are subject to availability. We will inform you by email as soon as possible if the Garment you have ordered is not available and we will not process your order if that is the case.
1.4 All of the garments are personalised by hand, therefore the personalisation position may change on some garments within the chosen location. Customers must be aware that personalisation position may change depending on the size of the garment.
2. YOUR RIGHT OF RETURN AND REFUND
2.1 You have a legal right to cancel an order made with us during the period set out below in clause 2.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Garment, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens Advice Bureau or Trading Standards Office.
Please note that this right does not apply to any personalised or bespoke products. In this regard we refer you to clause 2.2 below.
2.2 The cancellation right referred to in clause 2.1 does not apply in the case of:
a) any made to measure Garment;
b) any custom made Garment;
c) any Garment made to your specification;
d) any Garment which is personalised with any badge, crest, name, logo, or wording.
2.3 Your legal right to cancel a contract under clause 2.1 starts from the date of Despatch Confirmation, which is when the Contract between us is formed. If the Garments have already been delivered to you, you have a period of 7 working days in which you may cancel, starting from the day after the day you received the Garments. Working days means that Saturdays, Sundays, or Bank Holdings are not including in this period.
2.4 In order to cancel a Contract, please contact us in writing to tell us by sending us an email or by sending a letter by First Class post to Poppies and Pearls at 16 Johnston Way, Maldon, Essex, CM9 6XZ. When sending the notice of cancellation you must ensure that you quote any reference that has been given to you in the email confirmation or Despatch Confirmation. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email or by post then your cancellation is effective from the date that you sent us the email or posted the letter to us.
2.5 You will receive a full refund of the price you paid for the Garment you paid us for. This does not include any additional services such as delivery costs or express service charges. We will refund the process to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 2.4. If you return Garments to us because they are faulty or mis-described, please see clause 2.6.
2.6 If you have returned any Garment to us under this clause 2 because they are faulty or mis-described, we will replace the item or refund the price of the defective garment in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the Garment to us. You have a period of 7 days in which any issues must be brought to our attention, starting from the day after the day you received the Garments.
2.7 Any refund given to you will be made via the method used by you to pay us.
2.8 If the Garments were delivered to you then:
a) you must return the Garments to us as soon as reasonably practicable;
b) unless the Garments are faulty or not as described (in this case, see clause 2.6) then you will not be responsible for the costs of returning the Garments to us;
c) you have a legal obligation to keep the Garments in your possession and to take reasonable care of the Garments whilst they are in your possession. We therefore recommend that you take care when opening any packaging and viewing or trying on any Garment. You may wish to re-use the packaging if you decide to cancel your Contract.
2.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Despatch Confirmation.
2.10 If you are a consumer, you will always have legal rights in relation to Garments that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards Office.
3.1 Your personalised order will be fulfilled within 2 weeks. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. Customers must be aware that Poppies and Pearls will take no responsibility for a missed deadline for the following reasons:
a) Late payment from the customer. Delivery estimates are from receipt of payment, not the receipt of the order.
b) Prolonged approval of the design proof. Poppies and Pearls requires immediate communication from customers regarding their designs. Customers who do not communicate immediately at the design proofing stage will be responsible for the additional time it takes to turnaround the order.
c) Customer response time. Poppies and Pearls will make every effort to contact customers via the details provided. Customers who do not respond to correspondence quickly potentially jeopardise their estimated delivery date.
3.2 If the delivery is within the United Kingdom, and we are unable to deliver to you within 30 days of your order, then we will notify you of this in writing and cancel your order. For delivery outside the United Kingdom, if we are unable to deliver to you within 60 days of your order, then we will notify you of this in writing and cancel your order. In both instances, any payment you made for the price of the Garment/s and any applicable delivery charges will be refunded as soon as possible.
3.3 Delivery will be completed when we deliver the Garment/s to the address you gave us.
3.4 If no one is available at your address to take delivery, we will leave you a note that the Garments have been returned to our premises, in which case, please contact us to arrange delivery.
3.5 The Garments will be your responsibility from the completion of delivery.
3.6 You own the Garments once we have received payment in full, including all applicable delivery charges.
4.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffered that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by both you and us at the time that we entered into the Contract.
4.2 We do not in any way exclude or limit our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) any breach of the terms implied by Section 12 of the Sale of Goods Act 1979 relating to title and quiet possession;
d) any breach of the terms implied by Section 13 to 15 of the Sale of Goods Act 1979 relating to description, satisfactory quality, fitness for purpose, and samples;
e) defective products under the Consumer Protection Act 1987.