Terms and Conditions
Welcome to the terms and conditions of use for Plumeria-Exclusive.co.uk. These terms and conditions apply to the use of this website by members or guest visitors. By accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.
"Contract" means the order and Order Confirmation (incorporating any special conditions)
"Goods" means the goods which the Seller is to sell in accordance with these Terms and Conditions.
"Customer" means the person who has registered electronically with the Plumeria Exclusive Customer base and whose name is printed on the Order and any payment tendered by or on behalf of such Customer with any order shall be deemed to be with the permission or consent of the Customer.
"Price" means the price at which the Seller has agreed to accept the Member's order and is deemed inclusive of delivery charges in the United Kingdom. Note that Plumeria Exclusive is not a VAT registered company therefore no VAT will be charged.
"Seller" means Plumeria Exclusive Limited (Company Registration Number 9387154) whose registered office is situated at:
"Product" means a product displayed for sale on the Website;
"Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided;
"Users" means the members of Plumeria-Exclusive.co.uk and guest Customers who are also users of the Website;
"Personal Information" means the details provided by you on registration as amended from time to time;
"We/us" means Plumeria Exclusive Limited;
"Website" means the website located at www.Plumeria-Exclusive.co.uk or any subsequent URL which may replace it;
"Cookies" means small text files which our Website places on your computer's hard drive to store information about your membership and any shopping session and to identify your computer;
"United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands;
"You" means member of or guest visitor of this Website;
2. Use of the website
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
You warrant that:
The Personal Information which you are required to provide when you register as a member of Plumeria Exclusive website is true, accurate, current and complete in all respects; and
You will notify us immediately of any changes to the Personal Information by contacting us by e-mail and updating your My Accounts records.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
You agree to indemnify, defend and hold us harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
2.4 Our rights
We reserve the right to:
i. modify or withdraw this Website (or any part thereof) without notice and you confirm that we shall not be liable for any modification to or withdrawal of the Website; and/or
ii. change the Conditions from time to time, and your continued use of the Website following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
2.5 Basis of Sale
These Terms and Conditions will govern the Contract and that by placing any order you acknowledge that any business conducted thereunder will be subject to these Terms and Conditions of Business.
Any variation of these Terms and Conditions will only bind the Seller if agreed in writing between authorized representatives of the Seller and the Member.
Nothing in these Terms and Conditions shall operate to deny or limit any rights of or the Seller's liability to a Customer, which rights such Customer has at law. In the event of conflict between the Terms of the Contract and any such rights, the latter shall prevail in favour of the Customer.
2.6 Orders and Specifications
All orders will be delivered within 30 days of the original order date. If this time period is exceeded for any reason you will be notified by email of this delay and given the option of cancelling your order. Please note this guarantee does not apply for orders where delivery has been attempted and our courier has been unable to make the delivery as there was no one available to sign for the goods.
All Goods are offered for sale subject to availability and subject to the Seller's acceptance of the Order.
No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in writing who reserves the right in its ultimate discretion whether to accept an order from time to time from any Member.
Any literature published or submitted by the Seller which contains any descriptions, specifications, drawings or prices of the Goods is published or submitted for guidance only. The Seller reserves the right to make minor modifications in the design and specification of the Goods without notice, but agrees to notify the Customer of any major or material modifications which the Customer shall be deemed to have accepted unless notification to the contrary is received in writing by the seller within 7 days of delivery.
In the event that the Seller accepts an Order and that for reasons beyond the control of the Seller that it is unable to supply the goods ordered then the Customer agrees to accept the repayment of the amount paid to the Seller in full and final settlement of all and any claims it may have as against the Seller for non-delivery.
Orders will be accepted only for delivery within the European Union region for products that are subject to UK CITES export permit rules.
2.7 Price and Payment
The Customer will pay the Price of the Goods in accordance with the procedures set out in the Seller's website.
The place for delivery of the Goods will be agreed between the Seller and the Customer and shown on the Order Confirmation.
Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Customer arising from any delay in the delivery of the Goods.
The Customer must inspect the Goods on delivery and, in the case where Goods have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Customer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. If goods have any damage or defect immediately apparent on receipt then contact Plumeria Exclusive to arrange a replacement or return.
If the Customer fails to take delivery of the Goods then, the Seller may make a charge (which will not normally be less than 20% of the cost of the goods.
2.9 Risk and Property
Risk of damage to or loss of the Goods will pass to the Customer on delivery at the agreed address.
Property in the Goods will not pass from the Seller until the Seller has received in cleared funds full payment of the Price and all other sums which are due, owing or payable by the Customer to the Seller in respect of the Contract.
The Seller will not be liable for defective Goods unless notice is given to the Seller in writing in accordance with Condition 5.4 within 7 days of delivery. The notification must include the invoice number, delivery note number and details of the claim.
The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
The Seller will not be liable to the Customer for any indirect or consequential loss or damage, costs, expenses (including loss of profit) or other claims for compensation whatsoever arising out of or in connection with the sale of the Goods or their use or resale by the Member.
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password.
You should be aware that this Website is being monitored and may capture information about your visit that will help us improve the quality of our service.
We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:
i. Processing your orders;
ii. For statistical or survey purposes to improve this Website and its services to you;
iii. To serve website content and advertisements to you;
iv. To administer this website;
If you consent, to notify you of products or special offers that may be of interest to you.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.
4. Purchase of products
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
4.2 Contract creation and electronic contracting
The technical steps required to create the contract between us are as follows:
i. You become a member of the Plumeria Exclusive (this is required as an extra security measure for taking payments online).
ii. You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
iii. We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance by us.
iv. As your product is shipped from our warehouse we will send you a dispatch confirmation email.
v. Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions.
i. Non-acceptance of an order may be a result of one of the following:
ii. The product you ordered being unavailable from stock.
iii. Our inability to obtain authorization for your payment.
iv. The identification of a pricing or product description error.
v. You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
4.3 Contract cancellation
The Customer shall have the right to cancel any order for Goods in the case of faulty or defective Goods at the earliest opportunity after discovering the fault or defect but no later than 7 days.
The Customer shall have the right to cancel any order for Goods that has not yet been dispatched at any time until the Seller provide in writing a dispatch notification. In this case the Customer is not liable for any costs and a full refund if offered by Seller. Once the Customer is notified of the dispatch of Goods the Customer shall accept delivery and notify the Seller of the intention to return the Goods according to Condition 4.4.
The Customer reserves the right to return the Goods within 14 days of delivery and receive a full refund of the cost of Goods returned.
All Goods which are returned by the Customer to the Seller must be returned with their original, undamaged packaging and must be in an unused condition. Failing this, the Seller reserves the right to refuse either all or some of the refund which would otherwise be due in respect of such returned Goods. Except in the case of faulty returns, the cost of shipping a return shall be borne by the Customer. Faulty goods need to be returned to the standard returns address for a full refund to be possible. Please ensure there is a copy of the postal cost receipt returned with the faulty item(s) so that we can reimburse this amount. Please do not return by courier as we will not accept full courier charges.
5.1 Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
5.2 Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
5.3 Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
Any loss of goodwill or reputation; or
Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Any notice given or made under the Contract will be in writing.
A notice will be deemed to have been duly given or made if sent by email at the address provided on the Website.
This notification will only be effective on the email was sent..
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.