Terms & Conditions

In using this website you indicate that you accept these terms & conditions and our privacy policy. If you do not accept these terms and conditions or our privacy policy then do not use this website. This page (and the privacy policy page ) tells you the terms and conditions on which we sell any of the products listed on our website.

 

Products :

The images of the items on this 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 items. Your items may vary slightly from those images. All sizes and measurements of items are approximate, however we do make every effort to ensure they are as accurate as possible. 

1. Service availability :

We ship to Ireland, Northern Ireland, United Kingdom , Europe, United States of America, Canada, Australia, New Zealand.

2. Your status :

By placing an order through our site, you warrant that :

You are legally capable of entering into binding contracts.

You are at least 18 years old.

You are resident in one of the serviced areas.

3. How the contract is made between you and us : 

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 availability and 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. The contract between us will only be formed when we send you the Dispatch Confirmation.

We will not process your order until payment has been received in full in accordance with the provisions of clause 6.

If you make a mistake with your order, you may be able to correct any mistakes made by e-mail prior to your order being processed. If your order has already been processed you will be unable to amend your order. If your order has already been dispatched, please return the products to us in accordance with our returns policy

The contract will relate only to those products whose dispatch we have confirmed. 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 dispatch confirmation. 

We are entitled to refuse any order made by you for any reason. 

When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorized user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods and services.  It is your responsibility to inform us of any changes to these details as soon as possible.

 

4. Consumer rights :

If you are contracting as a consumer, you may cancel a contract at any time within 7 days, beginning on the day after you received the products. In this case, you will receive a full refund of the price paid for the products in accordance with our returns policy

5. Availability and delivery : 

Your order will be fulfilled by the delivery date set out in the dispatch confirmation e-mail or, if no delivery date is specified, then within 30 days of the date of the dispatch confirmation, unless there are exceptional circumstances. We will keep you updated on your order date arrival via e-mail.

6. Price and payment :

The price payable for the products shall be as shown on our website. Prices advertised on the website include VAT but exclude delivery charges. Delivery charges are shown separately when ordering and must also be paid in advance.

Payment shall be made by you by the means specified on the website and shall not be deemed to be made untill we have received cleared funds in the respect of the full amount stated in the order.

Prices are subject to change without notice but changes will not affect orders which we have already accepted.

Our site contains a large number of products and it is possible that, despite our best efforts, some of the products on the 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 of such rejection.

We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a dispatch confirmation. 

Payment for all products must be by credit or debit card. We accept payment with Visa, Visa Debit, MasterCard, Solo, Maestro, Electron and Laser Card aswell as PayPal.

The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

Only one promotion code can be used per order and has to be used within the time frame that we have it out for, it will not be accepted outside the time frame.

 

7. Our returns policy :

For details on refunds, please refer to our Returns Policy page.

 

8. Our liability :

If we do not deliver or if the products we deliver are not what you ordered or are damaged and defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to : 1. Make good any shortage or non-delivery or incorrect delivery. 2. Replace or repair any products that are damaged or defective. 3. Refund to you the amount paid by you for the product(s) in question.

We shall have no liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.

Without prejudice to the foregoing, our total aggregate liability to you under and/ or arising in relation to this contract shall not exceed the amount paid by you for the products.

Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which we are not permitted to exclude or limit as a matter of law.

Nothing in this contract shall exclude or limit your statutory rights.

A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract. 

9. Intellectual property rights :

All and any Intellectual Property Rights in connection with the products shall be owned by us absolutely.

10. Indemnity :

You agree to indemnify, defend and hold harmless Pink Black Heart, its directors, officers, employees, consultants, agents and affiliates, from any and all third party claims, liability, damages and/ or costs (including, but not limited to, legal fees) arising from, without limitation, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.

11. Import duty :

 If you order products from our site for delivery outside of Ireland or Northern Ireland, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Please also note that you must comply with all applicable laws and regulations of the country for which the product(s) are destined. We will not be liable for any breach by you of any such laws.

12. 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.

13. Notices :

All notices given by you to us must be given to us via e-mail : 

We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways stated in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24hrs after an e-mail is sent, or four days after the date of posting 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 was sent to the specified e-mail address the addressee. 

14. Transfer of rights and obligations :

The contract between you and us is binding on you and us and on our respective successors  and assigns.

You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

15. Events outside our control :

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").

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following : strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack, war (weather declared or not) or threat or preparation of war, fire, explosion, storm, extreme weather such as snow and ice, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks. The acts, decrees, legislation, regulations or restrictions of any government.

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.

16. Waiver :

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 shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

17. Severability :

If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

18. Entire agreement :

  • These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the contract and supersede any prior agreement, understanding or arrangement between us, weather oral or in writing.

  • We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or  be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.

  • Neither of us shall have any remedy in respect of any untrue statement made by the other, weather orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

19. Our right to vary these terms and conditions :

  • We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities or for any other reason in our sole discretion which we may decide.

  • You will be subject to the policies and the 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 dispatch 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 five working days of receipt by you of the products).

20. Law and jurisdiction :

These terms and conditions are to be construed in accordance with the laws of Ireland irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject  to the exclusive jurisdiction of the Irish courts.

21. After-sale service :

  • Questions, comments or requests regarding these terms and conditions or our products should be addressed to us by e-mail : 

  • If you have any complaints these should be sent to above e-mail.

  • If you are not satisfied with how we have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution (where an independent body considers the facts of the dispute and seeks to resolve it without you having to go to court).

22. Discount code terms and conditions :

Official Pink Black Heart discount codes entitle you to an extra percentage (specific to the discount code in question) off your next online order from us. Discount codes can only be used once per customer, cannot be used in conjunction with any other promotion or offer unless otherwise stated. There is no cash alternative. Discount codes exclude sale unless otherwise stated and exclude delivery charges always. We reserve the right to withdraw them and refuse or restrict any order at any time. 

23. Affiliate Links to Glitterglam:

By clicking the links (images or buttons with headings of product names) on the Glitterglam product page at Pink Black Heart, located in the Beauty section at Pink Black Heart website, you accept that you will be taken to the Glitterglam website and you agree that as soon as you leave the Pink Black Heart website, Pink Black Heart are not responsible for anything that happens outside of the Pink Black Heart website. You accept that Pink Black Heart do not manufacture nor source the product of Glitterglam and therefore are not responsible for any side effects or health hazards of the product, please click here to see the information page and caution warning and remember to read the Glitterglam website too. You also accept that since you're taken to the Glitterglam website, Pink Black Heart are not responsible for the handling and shipping etc of the product.

24. Social media :

By responding #pinkblackheart you agree to the following : you grant Pink Black Heart a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable right to use your video(s), photo(s) and/ or other content posted to Instagram, Facebook, Twitter or Google+, together with your social media handle, social media username, profile picture, caption and location information you may have included in your content that you have tagged with any of the hashtag(s) defined above in any media, including but not limited to on its webpages and social media pages, retailer sites, third party sites, stores for its marketing and/ or advertising. Pink Black Heart may use, display, reproduce, distribute, transmit, combine with other materials, alter and/ or edit the user content for legal and/ or regulatory reasons in any way it sees fit (while maintaining the original sentiment), with no obligation to you whatsoever. The user content that you submit is deemed non-confidential and the licensed parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the licensed parties' respective privacy policies. If you tag the brand names on our labels you agree to same content usage as above for those brands. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not use the tags. You hereby represent and warrant that (i) you own all rights in and to your user content, (ii) if the user content is subject to third party proprietary rights, you have all necessary licenses, rights, consents and permissions to publish the user content you submit and grant the rights granted herein, including permission(s) from all person(s) appearing in your user content, (iii) you are not a minor, (iv) you are legally entitled to post the user content, and licensed parties' use of your user content as described herein will not violate rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law, and (v) the user content is not libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful or offensive. You hereby release, discharge and agree to hold the licensed parties, and any person acting on their behalf, harmless from any liability related in any way to the licensed parties' use of your user content. You are solely responsible for any user content that you submit. You are legally liable for the user content that you submit including, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws without permission of the author or owner or subject featured in such submission, or defamatory comments.

The licensed parties reserve the right to remove any user content from the site at any time, for any reason.

(We are an online fashion/clothing and handmade jewellery store based in Galway, Ireland).

          ABOUT US

          DELIVERY

Ire (1-2 working days) €3.50

Co. Galway (self collection available see info)

UK  (2-3 working day) €6.50

Eur (3-5 working days)€9.50

Other countries see info 

Secure Payments:

PINKBLACKHEART © 2018

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