Terms and Conditions
Please check these Terms and Conditions which apply to your purchase of sunglasses, eyewear or accessories on the Pala Eyewear Website (www.palaeyewear.com). This applies to any other country specific sites (www.palaeyewear.com.au)
These Terms together with our Pala Returns and Exchange Policy constitute the contract between us for the sale of Products to you (Contract). Please read these Shipping and Returns policy carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We amend these Terms from time to time as set out in clause 9. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms, and the Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.palaeyewear.com. We are Farther and Sun Ltd, a company registered in England and Wales under company number 07766049 and with our registered office at 48b Brunswick Rd, Hove, East Sussex, United Kingdom, BN3 1DH. Our main trading address is 48b Brunswick Rd, Hove, East Sussex, BN3 1DH .
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in our Shipping and Returns policy. If you are emailing us or writing to us please include details of your order to help us to identify it.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at [email protected]
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2. OUR PRODUCTS
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 reflects the colours of the Products. Your Products may vary slightly from those images.
3. USE OF OUR SITE
3.1 We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
3.2 We do not guarantee that our site, or any content on it, will be free from errors or omissions.
3.3 Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
4. NO RELIANCE ON INFORMATION
4.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
4.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
5. INTELLECTUAL PROPERTY
5.1 We are the owner or the licensee of all of the intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
5.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
5.5 You must not use any part of the content on our site for commercial purposes without obtaining consent to do so from us.
6. LIMITATION OF LIABILITY
6.1 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
6.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
6.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, our site; or
(b) use of or reliance on any content displayed on our site.
6.4 Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
6.6 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
7. HOW WE USE YOUR PERSONAL INFORMATION
8. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
8.1 Our shopping pages will guide you through the steps you need to take to place an order with us. 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 page of the order process.
8.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 8.4.
8.3 Risk and title in the Products passes to you on delivery of the Products. If you return the Products, risk and title passes back to us on receipt of the Products.
8.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the dispatch confirmation.
8.5 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 we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 10.5, 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 including any delivery costs charged as soon as possible.
9. OUR RIGHT TO VARY THESE TERMS
9.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
9.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
9.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances changes in relevant laws and regulatory requirements.
9.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
10. PRICE OF PRODUCTS
10.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 10.5 for what happens if we discover an error in the price of Product(s) you ordered.
10.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. 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.
10.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
10.5 Our site contains a number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you; and
(b) if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Product and refund you any sums you have paid.
10.6 You can pay for Products using a debit card or credit card or using PayPal, Google Pay or Apple Pay. We accept the following cards: Visa, Master Card, Maestro, Discover and American Express.
10.7 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
11. OUR WARRANTY FOR THE PRODUCTS
11.1 For Products we provide a warranty that on delivery and for a period of twelve months from delivery, the Products shall be free from material manufacturing defects. However, this warranty does not apply in the circumstances described in Clause 11.2.
11.2 The warranty in clause 11.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) any specification provided by you.
11.3 This warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
12. GIFT CARDS
Pala digital Gift Cards are sold subject to the following terms and conditions:
(a) Gift Cards are valid for 12 months from date of purchase.
Gift Cards can be redeemed against all products on the www.palaeyewear.com website.
Gift Cards are non-transferable, can only be used on the Pala website and may not be returned or redeemed for cash.
If your order total is less than the value of your digital Gift Card, the remaining balance will be credited to your account and will be redeemed against subsequent orders. You may check your Gift Card balance online by logging in to your Account.
If your order exceeds the value of the Gift Card all remaining balances must be paid by credit card, debit card or Paypal
If you return products you have purchased using a Gift Card, the remaining balance will be credited to your Account as credit and will be redeemed against subsequent orders. You can check your balance online by logging in to your Account.
Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken.
Farther and Sun Limited is not liable for delivery of a digital Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
Farther and Sun Limited reserves the right to cancel any Gift Card if we deem such action necessary.
Promotion codes cannot be applied to the purchase of Gift Cards.
13. EVENTS OUTSIDE OUR CONTROL
12.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 12.2.
12.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation: strikes, lock-outs or other industrial action by third parties; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack; war (whether declared or not), threat of war or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; failure of public or private telecommunications networks; or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel, please contact us. If you opt to cancel, you will have to return any relevant Products you have already received and we will refund the price you have paid.
14. COMMUNICATIONS BETWEEN US
13.1 When we refer, in these Terms, to “in writing”, this will include email. You may contact us as described in clause 1.2.
15. OTHER IMPORTANT TERMS
14.1 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. We will always notify you if this happens.
14.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.3 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. However, the recipient of your gift of a Product will have the benefit of our warranty but we and you will not need their consent to cancel or make any changes to these Terms.
14.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.