Terms & Conditions
1. INFORMATION ABOUT CANDY PALM
"Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company; Oh Polly Ltd, Registered in Scotland with the Company number SC504402. Located at Oh Polly, Unit 3, Power Station, Thermal Road, Bromborough, CH62 4YD. We are VAT registered number GB274985741.
2. SALES CONTRACT
The Website displays the products offered by us and are only an offer to conclude a sales contract. After placing an order, you will receive an e-mail from us acknowledging that We have received your order. Please note, 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. We will confirm acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (a "Dispatch Confirmation"). The contract between us will only be formed when We send you the Dispatch Confirmation.
We are entitled to refuse any order made by you for any reason.
You must be 18 years or over to enter into a contract with us. By placing an order with us, you confirm that you are 18 years or over. You are the individual or individuals placing the order.
If you are not yet 18, you agree that you have obtained the bill payer’s permission to enter into a contract with us.
This contract is between you and us. No other person shall have any rights to enforce any of the terms. Neither party will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
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 authorised 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.
3. PLACING AN ORDER
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 carefully check your order at each page of the order process.
If we are unable to verify the delivery or payment information you have supplied we may restrict delivery to the address to which your credit or debit card is registered.
4. PRICES & PAYMENT
The price payable for the Products shall be as shown on the Website. Prices advertised on the Website include UK VAT but excludes 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 until We have received cleared funds in 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.
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. We also accept payments via PayPal.
5. RETURNS POLICY
For details on refunds, please refer to our Returns Policy.
Deliveries are made to the delivery address given at the time of order. Customer accepts full responsibility for ensuring the accuracy of information provided.
You accept and agree that we will not be held liable for deliveries that are delayed.
You accept and agree that we will not be held liable for deliveries that go missing. However, we will make like for like replacements if a delivery goes missing due to the fault of a 3rd party (i.e. courier) after a sufficient time period has elapsed and after you agree to assist us in any subsequent investigations for compensation from said 3rd party.
We do not deliver to PO Box or hotel addresses.
7. DISCOUNT CODE TERMS & CONDITIONS
Official Candy Palm Discount Codes entitle you to an extra percentage (specific to the Discount Code in question) off your next online order from www.CandyPalm.co.uk. To claim your discount, when in the 'My Bag' section of your account there may be an option to “Apply Coupon”, which allows you to enter the promotional code in order to apply it to the order.
Discount Codes can only be used once per customer, cannot be used in conjunction with any other promotion or offer, remain our property and are not transferable. There is no cash alternative. Discount codes exclude sale, beauty, premium and delivery charges. Discount Codes and related offers are not open to employees of CandyPalm.co.uk and we reserve the right to withdraw them and refuse or restrict any order at any time.
This warranty is valid only to the original purchaser when a new piece is purchased from us.
This warranty is invalidated if you allow a third party to repair or attempt to repair any item.
In the event of a dispute as to the cause of damage, we reserve the right to send the Product to a mutually agreed independent third party assessor to determine the nature of the defect. Only if their judgement indicates a defect in material or workmanship will we repair the item.
This warranty does not cover expenses incurred by you due to a lack of proper care of your product.
Please keep your proof of purchase documents – they will be required for in order to procure warranty service in the event you wish to make a warranty claim.
Please notify Candy Palm within 14 days of purchase in the event that you wish to claim a replacement for a defect.
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.
10. AFTER SALE SERVICE
Questions, comments or requests regarding these terms and conditions or our Products should be addressed to
If you have any complaints these should be addressed in writing to Candy Palm, Unit 12, Church View, Church Lane, Nottingham, NG15 8FX.
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). Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, which can be found at http://ec.europa.eu/dr).
This website and its content is copyright of Candy Palm Ltd. All rights reserved.
12. LAW & JURISDICTION
These terms and conditions are to be construed in accordance with the laws of England and Wales and 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 English Courts.
13. OUR RIGHT TO VARY THESE TERMS & 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 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 seven working days of receipt by you of the Products).
14. IMPORT DUTY
If you order Products from our site for delivery outside the UK, 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 products are destined. We will not be liable for any breach by you of any such laws.
15. LIMITATION OF LIABILITY
As a condition of use of this Website, you agree to indemnify us from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.
Subject to the following sub clauses, in no event shall the aggregate liability of any party to the other (whether it contract, tort (including negligence) or otherwise) and in respect of all claims, losses and damages arising under or in connection with these Terms and Conditions:
The above limits on liability shall apply in respect of (any indemnities provided by either party under this Agreement, including without limitation to the indemnities under clauses 12 Intellectual Property)
Each party's liability to the other in contract, tort (including negligence), misrepresentation (whether innocent or negligent), breach of statutory duty or otherwise arising out of or in connection with these terms and conditions shall not extend to any:
loss of profits;
loss of business opportunity;
loss of goodwill;
loss of data;
loss of anticipated savings; or
any special, indirect or consequential loss or damage whatsoever.
The parties agree that the limitations on liability within these terms and conditions are reasonable given their respective commercial positions and ability to purchase relevant insurance in respect of risks.
Notwithstanding the above or other limitations and exclusions of liability set out in these terms and conditions, neither party excludes or limits any liability for:
fraud or fraudulent misrepresentation; or
any breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or Consumer Rights Act 2015; or
any other liability to the extent the same cannot be excluded or limited by law.
provided that this shall be subject to an overall limit of the total amount paid to Oh Polly Ltd under a confirmed order in respect of any and all claims, losses and damages arising under or in connection with these terms and conditions.
16. FORCE MAJEURE
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.
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 or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, 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; and
pandemic or epidemic.
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. INTELLECTUAL PROPERTY
Candy Palm respects and rigorously abides by intellectual property laws. Accordingly, Candy Palm rightfully expects the same of all parties who use our website. Candy Palm and/or its affiliates are owners or lawful licensees of all content (including but not limited to designs, logos, colour schemes, graphics, graphic styles, text, images and video/audio sequences) displayed on this website. Any unauthorized copying, publication, reproduction or distribution of copyrighted works is an infringement of the copyright owners' rights and is therefore prohibited. You may not, except with our express prior written permission (on whatever terms we deem appropriate), distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or another form of electronic retrieval system.
Any unauthorized use of Candy Palm (without limitation) patents, trademarks, service marks, logos, slogans, screen shots, graphics, graphic styles, designs, blog posts, copyrighted materials or any branded Candy Palm features without the prior written permission of Candy Palm is strictly prohibited. If you infringe upon Candy Palm’s rights with respect to any Candy Palm Proprietary Property, you will be ordered to cease such illegal activity and you may be liable to Candy Palm for any and all damages (including recovery of legal fees and expenses) which may be suffered and/or incurred as a result of your infringement.
If you are a legitimate copyright owner who believes that your rights have been infringed upon in any way through the content or services provided on this website, please notify us at:
We reserve the right to make changes, without prior notice, to any products or services mentioned on this site at any time.