These terms apply to Peaches and Calm Ltd, Registered office 26 York Road, Aldershot, GU11 3 JP. Registered Number 13374076
Please read these terms and conditions carefully before accessing and/or ordering any goods from the Peaches and Calm website. Accessing, browsing or using this website in any way indicates that you agree to be bound by these terms and conditions. We reserve the right to amend these terms & conditions at any time, without the need to notify our customers, and the latest version of our Terms and Conditions will apply automatically.
These Terms of Service, your use of the Site, as well as contracts concluded with us are governed by and construed in accordance with laws of the United Kingdom.
HOW TO CONTACT US
You can e-mail us at [email protected] or contact our Customer Services team or by post to the registered office above.
If you are emailing or writing to us about an order, please include details of your order including the order number, as well as your name and delivery address.
The present General Terms and Conditions of Business (T&Cs) apply to the use of the Peaches and Calm website peachesandcalm.com, and any related subdomains; ‘Website’) and all products, offers, deliveries and services by Peaches and Calm Ltd, all email, electronic and paper communications and any other agreements entered into with or on behalf of Peaches and Calm Ltd , in as far as not otherwise agreed in writing.
By using the website and ordering products or taking up services via this website, the customer (‘customer’ or ‘you’) automatically issues approval to Peaches and Calm Ltd of the latest relevant version of the present T&Cs.
All content published on the peachesandcalm.com website (including logos, brands, copyrights, etc.) is the intellectual property of Peaches and Calm Ltd and without prior express permission from Peaches and Calm Ltd may not be distributed, altered or used in any other way.
We only ship to the United Kingdom, where you must be over 18 years of age to order and use the products advertised on our website. It is the exclusive responsibility of the Customer to ensure compliance with this requirement, and Peaches and Calm Ltd duly waives all liability in that respect. If you are found to be under age, we may liaise with your guardians to remove your data from our website.
You are responsible for entering correct information, including payment and address information and contact information, to fulfil the order or facilitate a return.
We reserve the right to refuse entry into an agreement or the provision of services at any time, without specifying reasons.
OUR CONTRACT WITH YOU
Our acceptance of your order will take place when we email you an order confirmation that will include your order number, at which point a contract will come into existence between you and us.
When you order a product, if there are any specific conditions specified on our website or in the manufacturers instructions, you agree to abide by those conditions. We do not assume liability for any misuse of a product, not of any issues arising from use of the products advertised on the website, which are the responsibility of the manufacturer.
On the rare occasion a product may be sold which is not in stock and/or we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline, we will inform you of this in writing and/or telephone communication to offer a refund or a suitable replacement.
All information on the website or in other written documents from Peaches and Calm Ltd has been prepared with the greatest possible care. However, we are unable to guarantee that all such information is correct, complete and/or up to date.
Peaches and Calm Ltd reserves the right to alter any information on the website or in other written documents, without prior notice.
You confirm that it is your responsibility to check all information for any changes.
All information provided by Peaches and Calm Ltd on its website or in any other manner about our products and services is intended exclusively to provide general information and may not be viewed as representing medical knowledge or advice. We make no claims that our products aid anyone suffering from medical conditions.
Once purchased, the products on this website should only be used in accordance with the manufacturers’ instructions and should likewise be inspected before use and properly maintained. Nothing in this notice affects your statutory rights.
Peaches and Calm Ltd however, strongly advise against using any of its products if you come under any of the following categories:
Of ill or poor health
Any decision taken by the customer about the use of our products and services, based on information provided by Peaches and Calm Ltd shall be subject to the customer’s personal responsibility and shall be at the customer’s own risk.
We reserve the right, at any time and without accepting liability in respect of customers or third parties, to alter the products and services provided, and to remove products and services from our range.
Peaches and Calm Ltd may on occasion issue special offers relating to its products and services. We reserve the right to alter, restrict or fully withdraw any such offers, subject to our own judgement.
We are unable to guarantee that our website and our services can be provided uninterrupted and entirely error free. We rely on third party shipping and delivery services, and in the case of an interruption of those services, Peaches and Calm Ltd will contact the customer to identify a suitable solution.
Products/Packaging may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the products/packaging and colours accurately, we cannot guarantee the pictures accurately reflect the products/Packaging/Colours.
YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product(s) you have ordered, please contact us. We will advise you know if the change is possible.
If it is possible we advise you of any changes to the price of the product, the timing of supply or anything else which would be necessary because of your requested change and ask you to confirm whether you wish to go ahead with the change.
If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.
OUR RIGHTS TO MAKE CHANGES
If we need to change the products in a substantial way, for instance in the case of a change to the law or to constituents of the product, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
OUT OF STOCK PRODUCTS
We make every effort to maintain accurate stock levels from our suppliers, and these are updated 4 times a day. In the rare event that a supplier runs out of stock after you have made an order, we’ll contact you to discuss a suitable replacement, or to refund all or part of your order.
YOUR RIGHTS TO END THE CONTRACT
Peaches and Calm Limited abides by the Consumer Contracts Regulation (2014).
If once you have purchased goods from us, you decide you no longer want them, you have 14 calendar days from the date of your order, in which to notify us.
Provided you return the products in accordance with our terms (see below) we will refund the purchase price in full within 14 days of the cancellation date if the packaging remains unopened.
If you wish to cancel your order, please let us know by email or telephone (see Contact Us above)
If you cancel your order for any reason after the goods have been dispatched to you or you have received them, you must return them to us. You should first contact us at [email protected] to let us know of any problem. We’ll try and resolve that with you. If we can’t resolve it, we will then send you a Returns label so that you can return the products direct to our wholesaler.
If you are exercising your right to change your mind you must return the goods to us within 14 days of advising us. We don’t accept returns of Vaping liquids, Oils or edibles if the product seals have been broken.
When sending back products, we ask that you acquire proof of postage, preferably by using registered delivery to guarantee receipt.
If you send back an item/order and we do not receive it, we will be unable to provide any further assistance if you do not have proof of postage. You are responsible for packaging the products appropriately to prevent further damage. If they are damaged in return transit, we can’t accept them and will return them to you.
We will pay the costs of return only if the below applies:
1.if the products are faulty or misdescribed.
2.if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so because of something we have done wrong.
3.if you are exercising your right to change your mind.
We will refund you the price you paid by the method you used for payment for the products, excluding the delivery charges applied to the original order.
We may reduce your refund of the price of goods to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop. For example, the items may have become dirty, marked, or some of the packaging missing or damaged, or if any of the product seals have been broken.
Since we return items directly to our wholesaler, they may undertake an investigation of a faulty or damaged item, and in such a case we can’t refund your money until the investigation is complete.
If the product has been sold as a ‘clearance’ or non returnable item, then we won’t accept a return.
Please check the box carefully- 90% of the time small items are hidden in packing material. But if an item is missing, then please contact us as soon as possible so we can take it up with the distributor and get you a replacement.
WHEN YOUR REFUND WILL BE MADE
We will make any refunds due to you as soon as possible, normally to the payment card used to make the purchase. If you are exercising your right to change your mind, then your refund will be made within 14 days from the day on which we receive the product back from you. If we are refunding for another reason, such as a missing item, please note that this can take up to 5 working days to process.
DELIVERIES AND COSTS
The costs of delivery will be as displayed to you on our website, and in the delivery choice you make when purchasing the product. Note that we only ship to the UK. Should you reside elsewhere, then the contract will be null and void and we will refund your money, less transaction costs.
We provide shipping costs, including a free shipping offer, up to 30Kg. Above that weight, you’ll need to contact us for a quote, and free shipping does not apply.
During the order process, we will advise you when we provide the products to you, and we will use our best endeavours to meet those dates, through use of a wholesaler and third party delivery services.
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
If no one is available at your specified delivery address to take delivery and the products cannot be posted through your letterbox, the delivery service will leave you a note informing you of how to rearrange delivery.
If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot then the goods will be returned to us. In the event, we will contact you for further instructions and may charge you for any further delivery costs. If despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
Peaches and Calm Ltd reserves the right to consolidate orders placed within the same despatch period into one parcel or envelope and is not obliged to refund any postage charges incurred.
All orders placed before midday Monday to Friday are usually shipped via the appropriate courier on the same day. Normal delivery timescales are shown on our shipping page on our website, and are typically 2-3 days. We cannot be held responsible for delays within our courier networks.
PRICE AND PAYMENT
The price of the product (which includes taxes) will be the price indicated on the order pages when you placed your order, plus your chosen shipping option. We take all reasonable care to ensure that the price of the product advised to you is correct.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
You can only pay for products using a debit card or credit card. We accept the following cards: Visa and Mastercard. You must pay for the products before we dispatch them. We use a payment gateway, Vivawallet, and when you select a payment method you accept the Terms of Service that Vivawallet provide.
If you think a charge is wrong, please contact us promptly to let us know.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
In as far as legally possible, all liability upon Peaches and Calm Ltd shall be excluded, for losses or other injuries suffered by the customer on the basis of or in relation to the entering into of the purchase agreement, the delivery or use of the products and services supplied by Peaches and Calm Ltd
The customer agrees that the use of the products and services provided by Peaches and Calm Ltd shall take place at the customer’s own risk.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed and for defective products under the Consumer Protection Act 1987.
Please write or email (see Contact Us above), including:
Your first and last name,
Your Order Number,
your mailing address and e-mail address,
Description of the complaint (e.g. to what extent the order has not been fulfilled correctly).
Expected state after settling the complaint.
Complaints will be considered within 30 days of their receipt. The answer will be sent to the e-mail address provided by you.
We may request you to provide information necessary to solve the request, specifying a period not shorter than 7 days and the scope of required information, with the instruction that failure to complete the request within the specified period will result in the request not being considered. After the expiry of the designated deadline, the complaint shall not be considered.
Consumers enjoy possibilities of using out-of-court complaint and redress procedures. If you wish to follow such procedure, please contact us so we might suggest a procedure appropriate for your case.
OTHER IMPORTANT TERMS
We are unable to apply discount codes after an order has been placed. The offer code, if applicable, may be used on future orders. Please note that all discount codes and offers are time-limited and expiry a year after they are issued, unless explicitly stated otherwise.
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the United Kingdom.