TERMS AND CONDITIONS
The Pearly White Club
This website is operated by The Pearly White Club Ltd. Throughout the site, the terms “we”, “us” and “our” refer to The Pearly White Club Ltd.
By using the Website you agree to be bound by these Terms.
We reserve the right to: pdate these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
The products purchased on this site are for private and domestic use only and are not for re sale. You will notify us immediately of any changes to the personal information by e-mailing or telephoning our customer service representatives at:
5. 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.
We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.
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 laws.
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website: any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
8. THIRD PARTY LINKS
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.
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 liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
The products sold on the Website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
10. THE PRODUCT
Our product is a bamboo-handled manual toothbrush. Use of our product is permitted only under the following conditions:
The toothbrush has been checked, by the user, in advance of usage, for splinters or other imperfections which may cause harm to the user. Bamboo is a natural material and as such is subject to the inconsistencies of natural materials. If splinters or other imperfections that may cause harm are found, use of the product must cease immediately, the product must be disposed of, and the user should contact email@example.com for a free replacement.
If the toothbrush is a childs toothbrush, the child’s parent or guardian must check the brush, in advance of usage, for splinters or other imperfections which may cause harm to the child. If splinters or other imperfections that may cause harm are found, stop using the toothbrush immediately, the product must be disposed of, and the parent should contact firstname.lastname@example.org for a free replacement.
The toothbrush should be used in accordance with dental guidelines, which recommend that brushing is performed gently. The Pearly White Club accepts no responsibility for any harm caused by firm or rough brushing.
11. PRICE AND PAYMENT
All prices shown are inclusive of VAT (only where applicable – see below) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you. If your delivery address is within the United Kingdom, no additional taxes will be charged to you. Payment can be made by any major credit or debit card. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund. You confirm that the credit, debit card or PayPal account that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery. If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment. We will give you at least 48 hours’ notice in advance of any reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order within 48 hours of us sending you this email. You may only use one discount code with each order.
12. ELIGIBILITY TO PURCHASE
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under English law you must:
if an individual, be 18 years of age or over; and register your real name, address, phone number, e-mail address any other details requested. By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
13. INTELLECTUAL PROPERTY
The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
14. LIMITATION OF LIABILITY
Notwithstanding any other provision in the Terms, nothing in these Terms:
affect or limit your rights as a consumer under English law; orwill exclude or limit our liability for death or personal injury resulting from our negligence.
The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
incompatibility of the Website with any of your equipment, software or telecommunications links;
technical problems including errors or interruptions of the Website; unsuitability, unreliability or inaccuracy of the Website; and failure of the Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
17. ENTIRE AGREEMENT
These Terms form the entire basis of any agreement reached between you and us.
18. LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.
If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You grant The Pearly White Club the right to use the name that you submit in connection with such content, if they choose.
You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
25. SUBSCRIPTION TERMS AND CONDITIONS
By subscribing to our toothbrush subscription service either for yourself of as a gift, you acknowledge that you agree to our Terms and Conditions.
Stock is subject to availability, you will receive you first toothbrush/toothbrushes within 1 week of your order. Your next toothbrush will be delivered within the week of the following 6 weeks after your first order.
Any estimated delivery dates are estimations only and you will not be eligible for a refund due to any unforeseen delays. If you change address during the term of your subscription, you can do this via emailing us at email@example.com and it will take effect the following month.
Auto renewal, monthly payments – following your initial subscription period of a fixed six month subscription, your toothbrush subscription will be automatically renewed on a rolling monthly subscription. If the subscription is cancelled before the first six month expiration is not eligible for a refund. If on a rolling subscription you can cancel anytime with one months notice to firstname.lastname@example.org
Each subscription is classed as a single sales contract for regular delivery of goods, so you are only entitled to receive a refund if you cancel your subscription with us within 14 days from the day on which you acquire physical possession of your first toothbrush.
You are entitled to cancel your subscription at any time, however unless you cancel your subscription with us within 14 days from the day on which you acquire physical possession of your first toothbrush you will be tied into the contract for the remainder of the subscription.
The above cancellation policy does not affect your statutory rights.
We reserve the right to cancel your subscription at any time as a result of any breach of these Terms. We also reserve the right at our absolute discretion to cancel and/or change the toothbrush subscription model.
The Pearly White Club Ltd whose registered office is Tax Assist Chalfont Station Road, Little Chalfont, Amersham, HP7 9PN