Terms & Conditions
This page (together with the documents referred to on it) sets out the terms and conditions on which JPG Retail LLP (We) will supply any of the products (Products) listed on our website: www.peakboutique.co.uk (our Site) to you. Please read these terms and conditions carefully and make sure that you understand them before ordering any Products from our Site. You should understand that by ordering Products, you agree to be bound by these terms and conditions.
We recommend that you print a copy of these terms and conditions for future reference.
Please tick the box marked "I Accept" at the end of these terms and conditions if you agree to be bound by them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Site.
1. INFORMATION ABOUT US
We operate the website www.peakboutique.co.uk. We are JPG Retail LLP, a limited liability partnership registered in England and Wales under company number OC389326 and with our registered office at The Cube, Barrack Road, Newcastle upon Tyne, NE4 6DB. Our main trading address is 2 Sanderson Road, Jesmond, Newcastle upon Tyne, NE2 2DS. Our VAT number is 177 4372 80.
2. USE OF OUR SITE
3. YOUR STATUS
3.1 By placing an order for Products through our Site, you warrant that:
3.1.1 you are legally capable of entering into binding contracts; and
3.1.2 you are at least 18 years old.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process to ensure it is correct.
4.2 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 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 (Shipping Confirmation). The contract between us (the Contract) will only be formed when we send you the Shipping Confirmation.
4.3 The Contract will relate only to those Products stated in the Shipping Confirmation as having been dispatched. 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 Shipping Confirmation.
4.4 We reserve the right to refuse any order placed via our Site and all orders accepted are subject to availability.
5. OUR PRODUCTS
5.1 The images of the Products 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 Products. Your Products may vary slightly from those images.
5.2 The packaging of the Products may vary from that shown on images on our Site.
5.3 All Products shown on our Site are subject to availability. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Site as referred to in clause 11.4 we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
6. OUR STATUS
We may provide links on our Site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that any products you purchase from third party sellers through our Site, or from companies to whose website we have provided a link on our Site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureau.
7. CONSUMER RIGHTS
7.1 If you are contracting as a consumer, you have a legal right to cancel a Contract at any time within 7 working days of receipt of the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 12 below).
7.2 To cancel a Contract, you must inform us by email or by telephone. You must also return the Products to us within 10 days of receipt, and at your own cost. If you email us your cancellation notice, your cancellation notice is effective from the date on which you sent the email. You may also cancel your Contract by calling us on 0191 281 9080 and in such case the cancellation will be effective on the date on which the call was made.
7.3 The Products must be returned to us undamaged and in the same condition as delivered to you. For example, when purchasing clothing you can try on the Products but you must ensure that you do not wear strong perfume, after shave or deodorant which could leave scent or marks on the Products. Tamper tags, bar codes, labels and hygiene strips should not be removed from any Product and shoes should not be worn outside or on hard and/or rough surfaces as this can scuff the soles of the shoes.
7.4 We have made every effort to ensure that all tamper tags, bar code labels and hygiene strips affixed to the Products are positioned so as not to prohibit or restrict you from trying on the Products. In the event that you are restricted from trying on a Product due to the placement of a tag or label, do not remove the obstructing tag or label and contact us immediately. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
7.5 [Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Shipping Confirmation.] This provision does not affect your other statutory rights as a consumer.
8. AVAILABILITY AND DELIVERY
8.1 Subject to the terms of your Shipping Confirmation, next working day delivery may be offered for orders placed between Monday and Friday for mainland UK orders. Next day deliveries will be sent using Parcelforce, DPD Courier, Royal Mail or such other courier as we may instruct from time to time. Deliveries to Northern Ireland, the Highlands and other remote areas of the UK will not arrive on the next working day and may take up to 5 working days to arrive.
8.2 Your order will be fulfilled by the estimated delivery date set out in the Shipping Confirmation, unless there is an Event Outside Our Control (as set out in clause 19. 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 as soon as possible.
8.3 Delivery will be completed when the Products are delivered to the address you gave us. If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises or left with our courier (as the case may be), in which case, you must contact us to rearrange delivery.
8.4 Our couriers typically deliver Monday to Saturday. Please note Saturday and Sunday are not classed as working days for deliveries. If you require a Saturday delivery date you must specifically request and pay for a Saturday delivery during the order process.
9. INTERNATIONAL DELIVERY
9.1 We deliver to the countries listed in our Delivery Page. However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering any Products from our Site.
9.2 If you order Products from our Site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
9.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
9.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
10. RISK AND TITLE
10.1 The Products will be your responsibility from the time of delivery.
10.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any applicable delivery charges.
10.3 The risk and responsibility for any Products returned to us in accordance with clauses 7 and 12 shall remain with you until we confirm acceptance of the return.
11. PRICE AND PAYMENT
11.1 The price of the Products and our delivery charges will be as quoted on our Site from time to time, except in cases of obvious error. To check current delivery charges please click here. International customers should be aware that the price charged to their credit or debit card shall be subject to the exchange rate applied by the applicable credit/debit card company.
11.2 The Product prices shown on our Site include VAT (where applicable) at the prevailing rate in the UK. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Shipping Confirmation.
11.4 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 that we are rejecting it.
11.5 If the pricing error is obvious and unmistakeable and could have been reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
11.6 Payment for all Products (and delivery charges) must be by credit card or debit card prior to your order being processed. We accept payment with Visa, Mastercard, Switch, Maestro, Visa Delta, Visa Electron, American Express, Paypal and payment via Sage Pay.
12. OUR REFUNDS POLICY
12.1 If you return a Product to us:
12.1.1 because you have cancelled the Contract between us within the 7-day cooling-off period (see clause 7.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full [and any applicable delivery charges/less any applicable delivery charges].
12.1.2 for any other reason (for instance, because you have notified us in accordance with clause 21 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective, we will examine the returned Product and where applicable will notify you of your refund via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 28 days of purchase. We will refund the price of a defective Product in full, including any applicable delivery charges. We will also refund any reasonable costs you incur in returning the item to us on production of relevant receipts.
12.2 We will refund any money received from you using the same method originally used by you to pay for your purchase.
13. OUR LIABILITY
13.1 Subject to clause 13.2, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
13.2 Nothing in this agreement excludes or limits our liability for:
13.2.1 death or personal injury caused by our negligence;
13.2.2 fraud or fraudulent misrepresentation;
13.2.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
13.2.4 defective products under the Consumer Protection Act 1987; or
13.2.5 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
13.3 International customers should also note that they must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by any international customer of any such laws.
13.4 We only supply Products for domestic and private use and you agree not to use our Products for any commercial, business or re-sale purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
14. 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 JPG Retail LLP at firstname.lastname@example.org. We may give notice to you at the e-mail or postal address you provide to us when placing an order. 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.
16. TRANSFER OF RIGHTS AND OBLIGATIONS
16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these terms and conditions. We will always notify you by posting on this page if this happens.
16.2 You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
17. EVENTS OUTSIDE OUR CONTROL
17.1 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).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation): strikes, lock-outs or other industrial action, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, the impossibility of the use of public or private telecommunications networks or the default of any subcontractors or suppliers.
17.3 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.
18.1 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 will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
18.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
20. ENTIRE AGREEMENT
20.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
20.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
20.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.1 We have the right to revise and amend these terms and conditions from time to time.
21.2 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 Shipping 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).
21.3 Whenever we revise these terms and conditions we will keep you informed and give you notice of this by stating that these terms and conditions have been amended and the relevant date on which the amendment was made will be specified at the top of this page.
22. LAW AND JURISDICTION
Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
23. THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.