IMPORTANT LEGAL NOTICE
This page (together with the documents referred to on it) tells you the terms and conditions on which we sell any of the products (Products) listed on our website www.publicdesire.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should print a copy of these terms and conditions for future reference. If you do not accept these terms and conditions, do not use this Website.
1. INFORMATION ABOUT US
1.1. www.publicdesire.com is a site operated by Public Desire Limited (“We”). We are registered in England and Wales under company number 6678204 and our VAT number is 939239389 Our email address is: [email protected].com
2. SERVICE AVAILABILITY
2.1. We accept orders from individuals in the UK, European Economic Area ("EEA") (the "Serviced Countries") and all other countries where possible (Including USA and Asia).
3. YOUR STATUS
By placing an order through our site, you warrant that:
3.1.1. You are legally capable of entering into binding contracts;
3.1.2. You are at least 18 years old; and,
3.1.3. You are resident in one of the Serviced Countries.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1. After placing an order, you will receive an e-mail from us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to availability and acceptance by us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when We send you the Dispatch Confirmation.
4.2. We will not process your order until payment has been received in full in accordance with the provisions of clause7.4.3. If you make a mistake with your order, you may be able to correct any mistakes made by telephone prior to your order being processed. If your order has already been processed you will be unable to amend your order. If your order has already been dispatched, please return the Products to us in accordance with our Returns Policy.
4.4. The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. 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 Dispatch Confirmation.
4.5. We are entitled to refuse any order made by you for any reason.4.6. When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible.
5. CONSUMER RIGHTS
5.1. If you are contracting as a consumer, you may cancel a Contract at any time within seven days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Returns Policy.
6. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7. PRICE AND PAYMENT
7.1. The price payable for the Products shall be as shown on the Website. Prices advertised on the Website include UK VAT but excludes delivery charges. Delivery charges are shown separately when ordering and must also be paid in advance.
7.2. Payment shall be made by you by the means specified on the Website and shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the order.
7.3. Prices are subject to change without notice but changes will not affect orders which We have already accepted.
7.4. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, We will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, We will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.5. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after We have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss-pricing.
7.6. Payment for all Products must be by credit or debit card. We accept payment with VISA, VISA DEBIT, MASTERCARD, SOLO, MAESTRO and ELECTRON.7.7. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
7.8. Only one promotion code can be used per order.
8. OUR REFUNDS POLICY
8.1. For details on refunds, please refer to our Returns Policy.
9. OUR LIABILITY
9.1. If We do not deliver or if the Products We deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to:9.1.1. make good any shortage or non-delivery or incorrect delivery; or
9.1.2. replace or repair any Products that are damaged or defective; or
9.1.3. refund to you the amount paid by you for the Products in question.
9.2. We shall have no liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.
9.3. Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to this contract shall not exceed the amount paid by you for the Products.
9.4. Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which We are not permitted to exclude or limit as a matter of law.
9.5. Nothing in this contract shall exclude or limit your statutory rights.
10. INTELLECTUAL PROPERTY RIGHTS
All and any Intellectual Property Rights in connection with the Products shall be owned by Us absolutely.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications We send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to us at [email protected] We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1. The contract between you and us is binding on you and us and on our respective successors and assigns.
13.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
14.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1. Strikes, lock-outs or other industrial action.
14.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
14.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
14.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.2.5. Impossibility of the use of public or private telecommunications networks.
14.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
14.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1. 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.
15.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3. 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 clause 13 above.
16.1. If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16.2. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
17. ENTIRE AGREEMENT
17.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities or for any other reason in our sole discretion which We may decide.
18.2. 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).
19. LAW AND JURISDICTION
These terms and conditions are to be construed in accordance with the laws of England and Wales and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the English Courts.
20. CONTACT US
You can email us at [email protected] or you can write to us at:
40 Invar Road
a) All discount codes exclude the Sale Category unless otherwise specified. No discount codes can be used in conjunction with any other offer. Discount codes cannot be used on Flash Sales.
b) Flash Sale Discount applies to stated product only. Cannot be used in conjunction with any other promotion or code.
c) *T&C's: The code must be entered at the checkout to redeem. The code SAVE5 allows the user to redeem $5 off a minimum spend of $30 excluding sale items and delivery costs. Cannot be used in conjunction with any other promotion or code. This code is not valid on the purchase of PD Pass. Expires Wednesday 14/11/18 @ 23:59 PT
22. Student Discounts
Student Discount is only applicable to UK, IE & US customers. Student Discount cannot be used on the Sale Category unless otherwise stated.
a) Public Desire Instagram competitions and giveaways are open to anyone aged 12 and over and excludes employees of Public Desire Ltd, companies involved in the competition/prize draw and their associated, affiliated or subsidiary companies, their families, agents, or anyone connected with the competition/prize draw.
b) To enter Instagram giveaways, entrants must have access to the internet and have a Instagram account. Entrants must 'follow’ Public Desire on Instagram to be eligible for the competition.
c) Although Public Desire have provided images of the prizes in the competition, this can depend on subject of availability and similar alternatives may be given to the winner.
e) The winner will be drawn at random. Entries are only valid if the entry is completed correctly in accordance with the specific competition Terms and Conditions.
f) There is no limitation on the number of times an applicant can enter the competition
g) No purchase necessary, unless otherwise stated.
h) Competition closes when stated for the individual giveaway. Entries received after closure will not be counted.
i) The winner will be notified first through a private message, then the winner's name (at Public Desire's absolute and sole discretion) will be announced on the Public Desire's Instagram page and/or Twitter account.
j) In order to receive their prize, the winners are required to provide Public Desire with their full name, address and phone number.
k) All prizes are non-refundable and non-transferrable.
l) No cash alternative will be offered for any prizes.
m) When dates for claiming the prize are specified, they cannot be altered and by entering date-related competitions Public Desire or the third party are not liable in any way to any winner who cannot attend.
n) Failure to acknowledge receipt of their win, or provide full name and address, within 24 hours of receiving notice from Public Desire (or within claim period if specifically stated) will invalidate the winner.
o) Public Desire will not be liable for any delays in the receipt of entries and Public Desire does not accept responsibility for entries which are not received or delivered.
p) In the event that Public Desire believes that an entry contravenes these Terms and Conditions, it reserves all rights to delete the entry at its absolute and sole discretion.
q) These Terms and Conditions shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction. Public Desire reserves the right to amend the terms and conditions for this competition at any time without notice.