Terms & Conditions

By using our website, creating an account and/or placing an order with us, you agree to the following Terms of Use:

1. Introduction.
The Website Owner, including subsidiaries and affiliates (“Website” or “Website Owner” or “we” or “us” or “our”) provides the information contained on this website or any of the pages comprising the website (“website”) to visitors (“visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.

2. Information on the Website.
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website. the Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.

3. Trade Marks.
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the Website Owner. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of the Website Owner.

4. External Links.
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links, you must refer to that external websites terms and conditions. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.

5. Public Forums and User Submissions.
The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to –
5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owners and/or a third party’s computer system and/or network;
5.4 violate any copyright, trademark, other applicable Great Britain or international laws or intellectual property rights of the Website Owner or any other third party;
5.5 submit contents containing marketing or promotional material which is intended to solicit business.

6. Specific Use.
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.

7. Warranties.
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your companies personal information or material and information transmitted over our system.

8. Disclaimer of Liability.
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your companies personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

9. Use of the Website.
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Great Britain). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.

10. General.
10.1 Entire Agreement. These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.

10.2 Alteration.
The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.

10.3 Conflict. Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

10.4 Waiver. No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

10.5 Cession.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.

10.6 Severability.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non-script and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

10.7 Applicable laws.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Great Britain without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

10.8 Comments or Questions.
If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.

11. Delivery Service.
Here at PearlyOysters.co.uk, we will try our best to deliver any purchased goods within the designated timescale as set out on our Delivery page. Although, due to some circumstances, ie items being out of stock, system technical delays. This time scale may not be possible. Where this applies, you will be notified as soon as possible, normally via email.

11.1 Delivery Times.
We use either Royal Mail 1st Class Tracked or MyHermes Courier to deliver our products to you. This is normally completed within 3-7 workings days after the goods have been paid for, however unforeseen circumstance such as but not limited to: weather conditions and natural disasters, as well as foreseen circumstances such as but not limited to: bank holidays, these delivery times may be extended.

11.2 Delivery Coverage.
We only deliver to mainland UK as and where Royal Mail and/or MyHermers can cover with their standard delivery service. Any areas outside of mainland UK such as Scottish Highlands, Offshore Islands and other countries will incur an additional delivery charge if we are able to deliver there.

12. Goods Returns.
Returns for unwanted, unused and unopened goods are accepted within 14 days from you receiving them, as long as they have not been used in any way, opened from their original packaging or damage by yourself. Any postage costs will not be refunded with the original goods total price if you return an unwanted item.
Please see our Delivery page here for more details.

13. Cookies and Tracking.
This website uses Google Analytics Tracking which adds a cookie to your computer to track activity on our websites such as your browsing behaviour and time on site. This is also used to allow products to be added to your shopping basket and for those items to be saved for your next visit with us if a purchase is not completed. You may read more information about privacy and cookies on our Privacy Policy page.

14. Your Account Security.
We advise all users when creating an account to use a strong password and to not share this information with other users, members of the public or any other person/s who may compromise the account.

15. Our Duty for Security.
We take your security seriously, that’s why we use a secure and encrypted payment provider PayPal who encrypt and validate payment information upon receipt. We at PearlyOysters.co.uk do not keep or have access to your payment information including credit/debit card or bank details.

16 Server Security.
We have added the necessary applications including SSL protection on all account and checkout pages to ensure that sensitive date shared between you as the consumer and ourselves is encrypted to help prevent hacking attempts and fraud.

17. Right to Terminate an Order due to Fraud.
If we or our payment provider feel that your order is being made fraudulently then we have the right the decline, refund and cancel your order at any time. Notice to you will be sent via email to your registered email address.

18. Copyright.
All text apart from the supplier and/or product names are unique and custom wrote by us. You agree to not share on other websites, reproduce or copy in any way without our prior written permission. Our Copyright Information can be found here.

19. Stock Levels.
On each of our product pages, there is a number of the specific item which we have in stock. We strive to ensure that this information is kept up to date, however, in unforeseen circumstances such as when a product is low in stock and multiple consumers purchase the same item, the stock levels shown may not be 100% correct. In an event of this, you may purchase an item that has recently gone out of stock. We will do our best to get the stock to you as soon as possible, however, if there is a delay we will notify you by email. You will be entitled to wait until the stock is replenished or receive a full refund on your order. We cannot be held liable for any dissatisfaction which this may cause you. Until your order is marked as Despatched, no stock is guaranteed to be allocated to your order.