Terms and Conditions / Privacy Policy

 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.         DELIVERY

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.       LIABILITY

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.

Privacy Policy

Effective date: May 20, 2018

Poppies and Pearls ("us", "we", or "our") operates the Www.poppiesandpearls.co.uk website (the "Service").

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from Www.poppiesandpearls.co.uk

Definitions

  • Service
    Service is the Www.poppiesandpearls.co.uk website operated by Poppies and Pearls
     
  • Personal Data
    Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
     
  • Usage Data
    Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
     
  • Cookies
    Cookies are small pieces of data stored on your device (computer or mobile device).
     
  • Data Controller
    Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
    For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
     
  • Data Processors (or Service Providers)
    Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
    We may use the services of various Service Providers in order to process your data more effectively.
     
  • Data Subject (or User)
    Data Subject is any living individual who is using our Service and is the subject of Personal Data.
     

Information Collection And Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Cookies and Usage Data

Usage Data

We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

Use of Data

Poppies and Pearls uses the collected data for various purposes:

  • To provide and maintain our Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service
  • To detect, prevent and address technical issues

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), Poppies and Pearls legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

Poppies and Pearls may process your Personal Data because:

  • We need to perform a contract with you
  • You have given us permission to do so
  • The processing is in our legitimate interests and it's not overridden by your rights
  • For payment processing purposes
  • To comply with the law

Retention of Data

Poppies and Pearls will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Poppies and Pearls will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United Kingdom and choose to provide information to us, please note that we transfer the data, including Personal Data, to United Kingdom and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Poppies and Pearls will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure Of Data

Legal Requirements

Poppies and Pearls may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of Poppies and Pearls
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Poppies and Pearls aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
     
  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
     
  • The right to object. You have the right to object to our processing of your Personal Data.
     
  • The right of restriction. You have the right to request that we restrict the processing of your personal information.
     
  • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
     
  • The right to withdraw consent. You also have the right to withdraw your consent at any time where Poppies and Pearls relied on your consent to process your personal information.
     

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us: