TERMS & CONDITIONS

1 INTRODUCTION

1.1 Welcome to the Pembe Club website at http://www.pembeclub.com. Please read these terms and conditions (“Terms and Conditions”) so that you can understand how they apply to your use of http://www.pembeclub.com (the “Website”) and products that you may purchase on the Website.

1.2 PEMBE CLUB Ltd is a company registered in England and Wales. The company Registration No.is 9800983, and registered office is Portland House, Bressenden Place, Victoria, SW1E 5RS We own and operate the Website www.pembeclub.com and can be contacted on info@pembeclub.com.

1.3 Please browse or use our Website. You may use this for your own personal, non- commercial shopping and information purposes only, and no other purpose. You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our Website and/or its contents contrary to these Terms and Conditions.

1.4 By using this Website, you confirm that you have read and understood these Terms and Conditions and agree to be bound by them. These Terms and Conditions constitute the whole of the agreement between us relating to the matters dealt with herein and, save to the extent otherwise provided herein, no undertaking, representation, term or condition relating to the subject matter of these Terms and Conditions not incorporated in these Terms and Conditions shall be binding on either of us.

1.5 We reserve the right to suspend our Website or any part thereof or terminate your account at any time if we, in our sole discretion, decide to do so.

2 INTERPRETATION AND DEFINITIONS

In these Terms and Conditions –
2.1 “order” means the order submitted by you offering to purchase a product or products from this Website at the stated price;

2.2 “products” means the products for sale to be found on this Website;
2.3 “account” means the account you may choose to register before you submit order/s; 2.4 “supplier” means the suppliers from whom we source our products;
2.5 “delivery partner” means Royal Mail

2.6 “business days” means any day other than a Saturday, Sunday or public holiday; and

2.7 “business hours” means the hours between 09h00 and 17h00 on any business day. Any reference to time shall be based on United Kingdom Standard Time.

3 REGISTRATION AND ORDER

3.1 When making an order, you must be over 16 years of age, and have a registered Paypal

account with www.paypal.com

3.2 Register for an account on the Website. You are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address shop@pembeclub.com. We may also change registration requirements from time to time.

3.2 When you order a product from this Website, you are offering to buy it at the price stated on the Website.

3.3 We reserve the right to refuse your offer to purchase a product from our Website or to cancel an order you placed for any reason, which includes but is not limited to the following-

3.3.1 the product being sold out or unavailable from the supplier;

3.3.2 inability to obtain authorisation of payment; and/or

3.3.3 the identification of an error within the product information, including price or promotion.

3.4 Should we accept your offer to purchase a product from this Website, a sale agreement will be concluded between you and us.

4 METHODS OF PAYMENT

4.1 Payments can be made online via a PayPal account.

4.2 We will debit the total value of your online order (including all applicable shipping costs) against the selected Paypal account tendered by you during the secure checkout process.

4.2.1 The account password you provide should be unique and kept secure, and you must notify Pembe Club on shop@pembeclub.com immediately of any breach of security or unauthorized use of your account.

4.3 By submitting your order, you warrant that you are authorised to make payment with the selected Paypal account and that there are sufficient funds available to pay for the order.

5 OUR SHIPPING POLICY

5.1 Once we have received and accepted your order, we will arrange for the delivery thereof to your shipping address through the shipping method you select during secure checkout. You will be notified by email once your order has been dispatched and this email will also contain information regarding the manner in which your order can be tracked.

5.2 You will not be able to change your shipping address once an order has been placed. It is thus your responsibility to ensure that the shipping address you give us is accurate.

5.3.1 It is your responsibility to ensure that someone will be at your shipping address and in a position to take receipt of and sign for the order on your behalf at the time so arranged with our shipping partner. Should nobody be in attendance at the time of delivery, our shipping partner will keep the products, leave a notice at the shipping address and attempt to contact you to make new arrangements for delivery or collection. In this situation, we reserve the right to charge an additional delivery or storage fee should it be required in the circumstances and/or to cancel your order, in which case we will refund to you the net amount due to you (i.e. the difference in your total order purchase price and the return delivery costs).

5.3.2 If, for any reason, our shipping partner cannot reach you, we will provide you with instructions to either collect the product(s) directly from our shipping partner or to re- arrange the delivery. In this situation, we reserve the right to charge an additional delivery or storage fee should it be required in the circumstances and/or to cancel your order, in which case we will refund to you the net amount due to you (i.e. the difference in your total order purchase price and the return delivery costs).

5.4 Unless a special free-shipping promotion applies, you will be liable for the cost of shipping and it will be added to your total order amount during secure checkout based on the shipping method you select.

5.5 A tracking number will be emailed to you as soon as your order is dispatched and such email will also contain detailed instructions on how to track your order.

5.6 Ownership in the goods you order will pass to you once they are dispatched. Risk will pass to you once you or a third party acting on your behalf, as the case may be, take(s) delivery of the order. Once risk has passed to you, goods will be held at your own risk and we will not be liable for their subsequent loss or destruction.

5.7 We will be responsible for insuring the contents of your order from the time that is in transit to you, regardless of the shipping method you select.

5.8 Time is not of the essence in these Terms and Conditions. Whilst we will take all reasonable steps to ensure that you receive your order within the time indicated during secure checkout, we will not be liable for any delay in the delivery of the products once they have been dispatched by us and are in the possession of our shipping partner.

6 RETURNS AND EXCHANGES

6.1 You have the right to return any returnable item to us within 7 (seven) business days from the date on which you received your order subject to the terms and conditions set out in this clause

6.2 The date on which you or someone on your behalf signs for your order will be deemed the date on which you receive your order.

6.3 Should you wish to return an item(s), you must first submit a return request in the manner set out hereunder:

6.3.1 Following receipt of your order, you must notify us within 24 (twenty-four) hours (for any goods received in a faulty condition) or 48 (forty-eight) hours (for all other goods) that you wish to return an item(s) included in such order, by:

6.3.2 sending an email to shop@pembeclub.com, quoting your order number, the name of the item(s) you wish to return and your reason for wanting to return same.

6.3.3 Any request that is not submitted in terms of clause 6.3 above will not be accepted as a valid return request and we reserve the right to reject same.

6.3.4 Once we have received your return request, we will consider same and notify you via email within 48 (forty-eight) hours whether or not such request has been authorised, with a valid Return Authorisation Number (RAN) if Pembe Club deem the return authorised.

6.3.5 In the event that your request is authorised, you must take the item(s) you wish to return to your nearest Royal Mail Post Office, within 7 (seven) business days from the date on which you received such item(s), in its original and complete packaging (including any boxes, protective packaging and/or documentation) and in the condition it was in when delivered to you, and post it to the following address: Returns at Pembe Club, 65 Cadogan Gardnens, London, SW3 2RA if you are situated within the United Kingdom.

6.4 You will be liable for the cost of returning the item(s) to us and it is recommended that you pay the applicable insurance surcharge, as ownership and risk will vest in you until such time as the goods are received by us in satisfactory order and in terms of this clause 3.

6.5 In the event that we do not receive the item(s) within 21 (twenty-one) business days of its having been delivered to you, due to some fault on the part of the post office or you or any other third party, we will not be liable to refund you in respect of the item(s) in question or at all.

6.6 Once we have received your returned item(s) and provided we receive same in its original and complete packaging (including any boxes, protective packaging and/or documentation) in the condition it was in when delivered to you and within a reasonable time, we shall refund (in store credit) the amount you paid for the item(s) excluding the initial outbound shipping cost, unless you reasonably allege and we are satisfied that you received the item in a faulty condition, in which case a full refund will be made which includes the initial outbound shipping costs. Please note that all of our items undergo strict quality control checks before being dispatched to you.

6.7 Subject to clause 3.4, we shall refund you by crediting the Paypal account you used for your purchase with the applicable amount as soon as possible and in any event within 30 (thirty) business days of the date on which you placed your order.

6.8 Regardless of whether your return request has been authorised, we will not refund you for a returned item where in our reasonable opinion the item(s) has, following the sale to you, been worn or become of an unacceptable quality due to fair wear and tear, misuse, failure to use it in accordance with the manufacturer’s instructions, use in an abnormal way or failure to take reasonable care.

6.9 We are unable to accept requests for exchanges due to the limited number of stock we carry in each style.

7 AVAILABILITY

We cannot always guarantee the availability of products from this Website, as all Pembe Club jewellery is limited edition. We will update our Website as soon as we become aware of any product becoming unavailable. Should we be unable to supply each and every item ordered in the quantities ordered, you nevertheless agree to accept delivery and make payment for the products correctly delivered.

8 INTELLECTUAL PROPERTY

8.1 We either own or are licensed the rights to use all intellectual property and/or other material on this Website. You are only permitted to view, print or store electronically a copy of any information on our Website, including these Terms and Conditions, solely for your personal, lawful, non-commercial use, a failure to do so will constitute an unlawful infringement of our or our licensors intellectual property rights.

9 USE OF OUR LOGOS, CONTENT AND IMAGES

You may not use the content of our Website, our logos or any other images that appear on our Website without our or our licensors’ prior written consent. A failure to comply with this will constitute an unlawful infringement of our or our licensors intellectual property rights.

10 ADVERTISING AND HYPERLINKS

External hyperlinks and advertising may appear on our Website. These hyperlinks do not constitute any relationship between us and any linked third party or any endorsement by us of such third party. We do not necessarily endorse such third parties or their products and/or services. Your reliance on any information via the external hyperlinks, advertising or otherwise contained in such material is entirely at your own risk.

11 JURISDICTION

These Terms and Conditions are governed by and construed under the laws of the United Kingdom.

12 FORCE MAJEURE

12.1 We shall not be liable to you for any breach, hindrance or delay in the performance of these Terms and Conditions attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.

12.2 Either you or we may terminate the agreement under these Terms and Condtions forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two business days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a product already paid for by you and not delivered).

13 NOTICES

Any notice under these Terms and Conditions shall be in writing. Unless otherwise expressly stated in these Terms and Conditions, all notice from you to us must be in writing and sent by email to shop@pembeclub.com. All notices to you from us shall be sent to your physical address or email address, whichever is last known to us.

14 PAYMENT AND SECURITY

14.1 We ask for your name, telephone number, home address, email address, delivery address and payment method details when you want to make a purchase on our Website.

14.2 All transactions concluded on our website are processed by an external company, Paypal.

14.3 We will take all reasonable measures to keep your personal information, order and payment details secure. However, we cannot be held liable if an event beyond our reasonable control results in loss to you.

15 ACCURACY OF WEBSITE CONTENT

15.1 We do not warrant that the content or information displayed on our Website is always accurate, complete and/or current

15.2 Prices in printed publications are correct at the time of publication. However, we reserve the right to amend these prices post-publication without prior notification.

16 AMENDED OR UPDATED TERMS

We may periodically update or change the Terms and Conditions without notice. You should check them from time to time, as your continued use of the Website will mean you accept any updated or revised Terms and Conditions.

17 DISCLAIMERS AND EXCLUSIONS OF LIABILITY

Use of our Website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We accept no liability, to the extent permitted by law, for any damages, howsoever arising, whether direct, indirect, incidental, special or consequential loss from the access or use of our Website or the purchase of any of the products or services.

18 GENERAL