Terms and Conditions

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern In the Pink's relationship with you in relation to this website.

The term 'In The Pink' or 'us' or 'we' refers to the owner of the website whose registered office is Llanwrtyd Wells, Powys, . The term 'you' refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• You may not create a link to this website from another website or document without Ian Nicholson's prior written consent.
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE

1. Format of the Contract

These terms of sale apply to all goods supplied by In The Pink via www.inthepink-powys.com The website is governed by the following terms and conditions; they do not affect your statutory rights.

Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion). We will send you an order acknowledgement shortly after you place your order, notifying you that we have received your order. This acknowledgement is not notification that we have accepted your order.

The contract is subject to your right of cancellation (see condition 5).

We have the right to terminate the contract if the price of the contract is not received from you in cleared funds.

In the Pink may change these terms of sale without notice to you in relation to future sales.

2. Description and price of the goods

We have taken care to describe and show items as accurately as possible. Despite this, slight variations in items may occur. We provide you with product information on www.inthepink-powys.com. If there is anything which you do not understand, or if you wish to obtain further information, please contact us on: 01591 610666.

Every effort is made to ensure that prices shown on www.inthepink-powys.com are accurate at the time of placing your order. If, by mistake, we have under priced an item we will contact you and offer you the following three options:

1. placing a new order at the correct price for those goods;
2. cancelling the whole of your order; or
3. Cancelling your order for the mis-priced goods and reconfirm your order for the correctly priced goods.

If you do not choose one of the 3 available options within 14 days, your order will be cancelled or the under priced item will be removed from your order. If any payment has been made by you, you will be credited back to your original payment method.

If within 14 days of accepting your order we discover that all of the goods are unavailable, we will contact you and advise that we may cancel your order and refund or re-credit you within 7 working days. The refund will be credited back to your original payment method.

If within 7 days of accepting your order we discover that some but not all of the goods are unavailable, we will contact you and offer you the option of cancelling the whole order or amending your order to a substitute alternative. If you do not choose a substitute alternative within 14 days, the unavailable item will be removed from your order and we will deliver the available goods. If any payment has been made by you, you will be credited back to your original payment method.

The price of an item does not include the delivery charge, which will depend on the delivery method you choose.

3. Payment

Payment is by PayPal.  Payment shall be due before delivery and failure. If payment fails your order will be cancelled.

Please be aware that if you are using Paypal as your payment method we reserve the right to not ship to unconfirmed addresses.

There will be no delivery until clear funds have been received.

4. Delivery

Our site is only intended for use by people in the United Kingdom (mainland only) and we reserve the right not to accept orders from individuals resident elsewhere.

Delivery will be made to the address specified when you complete your order.

Orders placed before the specified cut off time will be processed and delivered as per your request, providing further security checks are not required and all goods are available.

If delivery cannot be made to your address for reasons under In The Pinks security policies you will be informed as soon as possible.

If you refuse the delivery of your order for reasons under the Distance Selling regulations or you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations, we will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. By exercising you right to cancel you are required to return the goods to us. If you fail to return the goods us we reserve the right to deduct any costs incurred by retrieving the goods from you.

We make every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, we will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this even, we will inform you of any delay as soon as possible.

Upon receipt of your order you will be asked to sign for the goods received. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.

Ownership of an item will not pass to you until we have delivered the item to you (either directly, or by leaving it in a safe place or with a neighbour). When an item is delivered the risk of damage to or loss of the item passes to you.

5. Your right of cancellation

You have the right to cancel your contract with us at any time up to 10 days after you receive the goods, in line with The Distance Selling Regulations. To cancel your contract in this time frame you must notify us in writing, either by post or by using our email system.

Should you wish to cancel your contract after the goods have been delivered to you, you will be responsible for returning the goods to us at your own cost unless the goods are faulty or mis-described. Please us for our returns procedure.

You will be credited for the goods within 30 days of notifying us of the cancellation.

6. Refund policy

If you are eligible for a refund, we will refund you back to the payment method you used when you originally paid for your order. Please note: It is your responsibility to notify us of any changes to your card details i.e. you no longer have that account. Refunds can take up to 30 days to process.

7. Warranty

All new goods supplied by us have a 12 months warranty period from the date the goods were delivered (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. If new goods develop a defect during the 12 month warranty period, you should follow the Returns procedure.

Please note that the warranty does not apply to ex-display items or cover you for any defects in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the manufacturer?s or Supplier?s instructions, or any alteration or repair carried out without the our prior written approval.

7.1 Faulty Product

If you receive goods that are faulty or incomplete on arrival you must notify us within 28 days of receipt of the item. The good should be returned to us in line with our returns instructions.

If the goods are less than 28 days old you have the option of a refund or direct replacement.

If the goods are over 28 days old we will test the product for the fault. If the faulty is verified we will:

1. Try to repair the item
2. If we are unable to repair we will replace with the same item
3. If we are unable to replace we will issue a refund in line with our refund policy.

If the goods you have returned are not found faulty by out trained technicians the goods will be returned to you at your cost.

7.2 Products Dead On Arrival

In the unlikely even of you receiving goods that do not work upon arrival with you, you must notify us within 10 days. The goods should be returned to us in line with our returns instructions.

Once we have received the goods back at In The Pink we will test the product for the fault. If the fault is verified we will either:

1. Replace with the same item
2. Refund in line with our refund policy

If the goods you have returned are not found faulty by out trained technicians the goods will be returned to you at your cost.

7.3 Products Damaged On Arrival

In the unlikely even of you receiving a damaged product you should notify us in writing via ouremail system within 7 days.

The goods should be returned to us in line with our returns instructions.

Once we have received the goods back we will test the product for the fault. If the fault is verified we will either:

1. Replace with the same item
2. Refund in line with our refund policy

If the goods you have returned are not found faulty by out trained technicians the goods will be returned to you at your cost.

7.4 Wrong Item Delivered

If, by mistake we supply you with the incorrect item you must notify us within 10 days. The good should be returned to us in line with our returns instructions.

Once we have received the goods back at In The Pink we will confirm that it is in fact an incorrect item and either:

1. Replace with the correct item
2. Refund in line with our refund policy

If the goods you have returned are not found faulty the goods will be returned to you at your cost.

7.5 Item not Required

If you wish to return and unwanted product in line with The Distance Selling Regulation you must notify us in writing via our email system within 10 days of receiving the product.

The good should be returned to us in line with our returns instructions.

You will be responsible for returning the goods to us at your own cost; you will be credited for the goods within 30 days of notifying us of the cancellation.

7.6 Extra Items Delivered

If, by mistake we supply you with extra items you must notify us immediately. Goods should be returned to us in line with the returns instructions.

If you do not adhere to this procedure and are found to be in possession of goods that you have not paid for, you will be charged for the goods.

7.7 Ex. display stock, Grade A, Grade B and Used stock

Wherever possible, previously used goods will be highlighted as being so, on the website at the time you place your order. All Used Goods supplied by the Supplier are warranted free from defects for 90 days from the date of supply (unless otherwise stated). Grade B stock carries a 30 day warranty. This warranty does not affect your statutory rights as a consumer. If Used Goods develop a defect during the 90 day warranty period, you should follow our Returns procedure. In the event of a valid claim for a defect in the Used Goods is made, we will either:

1. Replace those Used Good(s), if we have available the same Used Goods(s) at the same price;
2. Repair the Used Good(s); or
3. Refund or re-credit you the sum you have paid for the relevant Used Good(s) within 30 days of the date that the relevant Used Good(s) are returned in accordance with the our Returns procedure.

9. Limitation of Liability

In The Pink will not be liable to you for any loss or damage in circumstances where:

1. There is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
2. Such loss or damage is not a reasonably foreseeable result of any such breach;
3. Any increase in loss or damage resulting from breach by you of any term of this contract.

Nothing in these conditions excludes or limits the liability of the In The Pink for death or personal injury caused by our negligence or fraudulent misrepresentation.

10. Data Protection

In The Pink will take all reasonable precautions to keep the details of your order and payment secure but unless In The Pink is negligent, we will not be liable for unauthorised access to information supplied by you.

11. Images

Product images are for illustrative purposes only and may differ from the actual product.

12. Governing Law and Jurisdiction

These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.

13. Protecting Your Security

To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.

By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

During security checks we may ask for additional information or documentation to help support the data you supplied.