Terms of Website Use and Provision of any Goods or Services
This website is operated by PINK MARMALADE Limited, an English
limited liability company with registered number 11555167 and whose
address is at Pink Marmalade Ltd – 71-75 Shelton Stree, London.
WC2H 9JQ Throughout this website, the terms “we”, “us” and “our” refer
to PINK MARMALADE. The terms “you” and “your” refers to you, the
user of this website.
Definitions:
‘Affiliate’ means, with respect to PINK MARMALADE, any entity that
directly or indirectly controls, is controlled by, or is under common
control with PINK MARMALADE, whereby “control” (including, with
correlative meaning, the terms “controlled by” and “under common
control”) means the possession, directly or indirectly, of the power to
direct, or cause the direction of the management and policies of such
person, whether through the ownership of voting securities, by contract,
or otherwise.
‘Customer’ means a customer of PINK MARMALADE who enters into a
Customer Contract.
‘Customer Contract’ means a contract entered into between PINK
MARMALADE and a Customer for products and/or services to be
supplied by PINK MARMALADE.
‘Data Protection Legislation’ means for the United Kingdom, the Data
Protection Act 2018 as amended, replaced or superseded from time to
time, including without limitation the EU General Data Protection
Regulation 2016/679 of the European Parliament and of the Council
(“GDPR”) and in respect of the United Kingdom, any data protection
laws substantially amending, replacing or superseding the GDPR
following any exit by the United Kingdom from the European Union or
the European Economic Area (as applicable). For the avoidance of
doubt, ‘personal data’, ‘data controller’, ‘data subject’, ‘data processor’
and ‘processing’ shall be as defined in the Data Protection Legislation.
‘Other Services’ means third party products, applications, services,
software, products, networks, systems, directories, websites, databases
and information which the PINK MARMALADE website links to, or
which we may recommend to any Visitor to this website. ‘Submitted
Data’ means electronic data, text, messages, webchat, communications
or other materials submitted to and stored within the website by a Visitor

or a Customer to the website, which may include, without limitation,
personal data.
‘Visitor’ means any person who accesses and uses the PINK
MARMALADE website and who is not also a Customer.
Unless the context otherwise requires: (a) words in the singular shall
include the plural and in the plural shall include the singular; and (b) a
reference to one gender shall include a reference to the other genders;
and (c) a person includes a natural person, corporate or unincorporated
body (whether or not having separate legal personality).
1. General
PINK MARMALADE provides this website, including all information,
tools, links, services and goods available from this website to you, only
on the basis that you agree to these terms and conditions (“Terms”). In
addition to the Terms, any other terms and conditions, the cookie policy
and the Privacy Notice, form a part of the terms of your use of this
website. If you do not agree to the Terms you must leave this website
now. Your continued use of this website constitutes your express
agreement that in doing so, you are agreeing to the Terms and any
other applicable terms and policies, as aforesaid, unless you have
objected to the cookie policy or the opt-in to marketing, having been
given the right to do so.
Unless we have provided other terms to you for the purchase of any
goods or services from us, these Terms shall also apply to that
purchase. That purchase shall also be subject to our other policies that
apply, for example our returns and delivery policy.
If you are visiting this website from a business or company, then these
Terms shall apply as for you and that business and/or company and you
hereby agree that you are authorised to bind that business or company
to these Terms.
Nothing in these Terms constitutes an offer to provide you with any
goods or services and any such goods or services shall only be
provided to you, once we have accepted your payment and confirmed
that we will deliver those goods or services to you. Any delivery of any
goods or services even if accepted by us, are subject to the availability
of those goods or services and we reserve the right to cancel that order
without any further liability to you and refund you any sums that you
have paid to us. Any delivery date stated by us is an estimate only and
time shall not be of the essence in delivering any goods or services to
you. PINK MARMALADE is only responsible for this website and any
other PINK MARMALADE website but has no responsibility for any
third-party website or link provided as from this website.

Any new features or tools which are added to this website or any linked
e-commerce site which we operate as our store, shall also be subject to
these Terms. You can review the most current version of the Terms at
any time on this page. We reserve the right to update, change or
replace any part of these Terms by posting updates and/or changes to
our website. It is your responsibility to check this page periodically for
changes. Your continued use of or access to the website following the
posting of any changes constitutes acceptance of those changes and
those new Terms.
For the avoidance of doubt, you may be subject to such additional terms
or cookies as from an e-commerce site and the owner of that site. Our
e-commerce store is hosted on WordPress. They provide us with the
online e-commerce platform that allows us to sell our goods and
services to you.
2. Terms of Website Use 
Whether you are a Visitor or a Customer, you agree to abide by the
terms of use of the website, which govern the basis upon which a Visitor
or a Customer may visit the website whether they purchase any goods
or services or not. These Terms (together with any other documents or
policies referred to in it) tell you the terms of use on which a Visitor or
Customer can access and use the website. These Terms apply to all
Visitors and Customers whether they are browsing, enquiring,
registering, messaging, webchat, providing any Submitted Data or
otherwise making use of any publicly available information, data or
goods or services on this website. Your submission of personal
information through the website and/or any e-commerce store operated
by us is governed by our Privacy Policy. . In the processing of any
personal data we shall comply with Data Protection Legislation.
We may update our website from time to time and may change any of
the goods or services offered or described on it at any time, including
any formulations, content, descriptions and data published on it or
referred to from it.We do not guarantee that the website, or any content
on it, will be free from defects, errors or omissions. Furthermore, any of
the content on the website may be out of date at any given time, and we
are under no obligation to update it. No reliance should be placed on
any material or data displayed or accessed on the website unless we
have entered into a Customer Contract with you and that Customer
Contract confirms any information upon which you wish to rely, within it.
We do not guarantee that the website or any content on it, will always
be available, uninterrupted or error free and no liability shall be
accepted by PINK MARMALADE for any failure of the website, including
as a result of that, any failure for you to place any order on or through it.
We may suspend, withdraw, discontinue or change all or any part
(including your access) of and to the website without notice.

Information, data, goods, services and materials displayed on the
website may not be owned by PINK MARMALADE and accordingly in
the event that any of that information or material is expressed as being
copyrighted or owned by a third party, you may not reproduce any of
that without obtaining a valid licence to do so. You also have no right to
copy or reproduce any of the materials on our website in which we own
the copyright without our express prior written consent and if such
consent is forthcoming, you must acknowledge in each copy of those
materials that PINK MARMALADE or the applicable PINK
MARMALADE Affiliate, is the copyright owner of those materials and
reserves all of its rights to them.
Whenever you make use of an PINK MARMALADE website feature that
allows you to upload content to the website (or any other place linked by
it), or to make contact with other users or Visitors to the website, you
must comply with the content standards set out in our Acceptable Use
Policy stated below.
We also have the right to disclose your identity to any third party who is
claiming that any content posted or uploaded by you to the website
constitutes a violation of their intellectual property rights, or of their right
to privacy, or an infringement of any other legal rights that they have.
We will not be responsible, or liable to any third party, for the content or
accuracy of any content posted by you or anyone on your behalf.
You must not use the website (including in posting any Submitted Data
or messages) for any purpose that is unlawful or prohibited in any
manner, or which is defamatory or damaging to the rights of others or
which could damage, disable, overburden, or impair the website or
adversely affect its operation. PINK MARMALADE and its Affiliates is
not responsible for messages posted by Visitors or Customers, nor the
views contained in them. You shall indemnify PINK MARMALADE and
its Affiliates in full for any breach of any third party’s rights and also for
any false, derogatory or other damages statements made by you.
You must not attempt to gain unauthorised access to the website, other
accounts, computer systems or networks connected to the website (or
otherwise), through hacking, password mining or any other means, nor
shall you commit an act or omission that facilitates such activity by
another person.
Our website may contain links to third party websites and Other
Services and we are not responsible and are not by providing such
links, condoning or approving the contents from those third parties,
including for those other websites and Other Services, nor their terms of
use or content and by you clicking on those links you shall satisfy
yourself as to whether these are appropriate for you. You shall
indemnify us and hold us harmless against any claims you may have in
respect of such third-party websites and Other Services.
The PINK MARMALADE website and all services relating to it (including
any relevant software) and all data, materials and information provided

from it), contains proprietary and confidential information that is
protected by intellectual property rights and other applicable laws. PINK
MARMALADE grants you a limited, personal, non-transferable,
non¬exclusive license to access and use the website only in the
manner contemplated by these Terms. No other rights are expressly or
impliedly given.
“PINK MARMALADE” and the names and logos of individual PINK
MARMALADE products and services are trademarks of PINK
MARMALADE or its Affiliates and copyrighted to PINK MARMALADE
or its Affiliates (as applicable). You agree not to display or use, in any
manner, the PINK MARMALADE trademarks, without PINK
MARMALADE’s express prior written permission and if such permission
is given, to only use them in the manner and context that such
permission is granted. PINK MARMALADE has the right to revoke any
such consent immediately upon notifying you.
3. Supply of Goods and/or Services 
In the event that you order any goods or services from us on, or via this
website, or any other ecommerce site where we display our shop, you
agree that these Terms shall apply to that order.
You hereby represent and warrant that you:
 have the right to place such order and are authorised to place it
including to make any payment for the goods and/or services the
subject of such order; and
 you are at least eighteen years of age (or if to lawfully buy such
products and/or services where you have to be at an age older than
eighteen (e.g. 21 years of age) you are at least that age) and legally
entitled to buy such products and/or services; and
 in buying any of the products and services you have properly and
clearly assessed whether you have any allergies to which they may
be affected by the use of such products or services; and
 you do not have any medical conditions which could be adversely
affected by such products and services and if you have any doubt
as to this that you will take medical advice before using any of our
products and/or services. View medical disclaimer.
You may not order any of our products or services for use or import into
any country or state where under applicable law, the use of them would
be illegal or break any applicable regulation or import restrictions. You
should satisfy yourself about the lawful of our products and services in
any state, country or territory and no representation or warranty,
whether express or implied is given by PINK MARMALADE in this

regard. No representation or warranty is given as to the suitability of any
product or service by us and they are provided “as-is” for you to assess
if they are suitable for you. None of the foregoing shall restrict your
consumer rights under English Law.
We reserve the right to refuse to provide any services or sell any goods
to any person or business and for any reason and at any time. In the
event that we have taken payment for your order, we may subsequently
rescind the agreement to sell to you for any reason prior to shipping any
product and repay you your purchase sums. In such circumstances that
shall be the total liability of us to you, for such cancelled order. You may
also cancel your order in accordance with applicable English Law prior
to despatch of the products however once those products have been
despatched by us, your rights to cancel shall be as provided for in
our returns policy. There may be a charge for you to cover any
administration or postage costs in such circumstances.
You understand and agree that your Submitted Data (not including
credit or debit card information), may be transferred unencrypted and
involve (a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting networks or
devices. Credit and debit card information is always encrypted during
transfer over third party networks. We use payment providers for the
processing of payment, and you agree to provide such information as
required by them to validate the payment by you. In the event that any
payment is not cleared or subsequently revoked to us for any products
that have been despatched to you, then we retain all title to those
products which you shall return to us those products and in the original
condition they were despatched to you and any failure by you to do so
shall mean you remain fully liable to us for the full payment of those
products.
Prices for our products are subject to change without notice and a
product or service may be withdrawn without notice too. We reserve the
right at any time to modify or discontinue any product or service (or any
part or content thereof) without notice at any time and we shall have no
liability to you for doing so. Certain products or services may be
available exclusively online through the website. These products or
services may have limited quantities and are subject to return or
exchange only according to our  Return Policy .
We reserve the right, but are not obligated, to limit the sales of our
products or Services to any person, geographic region or jurisdiction.
We may exercise this right on a case-by-case basis. We reserve the
right to limit the quantities of any products or services that we offer. All
descriptions of products or product pricing are subject to change at
anytime without notice, at the sole discretion of us. We reserve the right
to discontinue any product at any time. We do not warrant that the
quality of any products, services, information, or other. We reserve the
right to refuse any order you place with us. We may, in our sole

discretion, limit or cancel quantities purchased per person, per
household or per order. These restrictions may include orders placed by
or under the same customer account, the same credit card, and/or
orders that use the same billing and/or shipping address. In the event
that we make a change to or cancel an order, we may attempt to notify
you by contacting the e mail and/or billing address/phone number
provided at the time the order was made. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers or distributors. You agree to provide current, complete
and accurate purchase and account information for all purchases made
at our store. You agree to promptly update your account and other
information, including your email address and credit card numbers and
expiration dates, so that we can complete your transactions and contact
you as needed. For more detail, please review our Shipping & Returns
Policy.
If, at our request, you send certain specific submissions (for example
contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by
email, by postal mail, or otherwise (collectively, 'comments'), you agree
that we may, at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any comments
that you forward to us. We are and shall be under no obligation (1) to
maintain any comments in confidence; (2) to pay compensation for any
comments; or (3) to respond to any comments. We may, but have no
obligation to, monitor, edit or remove content that we determine in our
sole discretion are unlawful, offensive, threatening, libellous,
defamatory, pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms.
In no case shall PINK MARMALADE our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, service providers or
licensors be liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind,
including, without limitation lost profits, lost revenue, lost savings, loss
of data, replacement costs, or any similar damages, whether based in
contract, tort (including negligence), strict liability or otherwise, arising
from your use of any of the service or any products. The total liability of
PINK MARMALADE and its Affiliates (as applicable) shall not exceed
the cost of you purchasing the service or the products to which you
claim any liability. None of the foregoing shall restrict or limit any liability
which cannot be restricted or limited under English law, nor for any
death or personal injury caused by PINK MARMALADE
4. Miscellaneous
These Terms and any dispute or claim arising out of or in connection
with them (including any non¬contractual disputes or claims) are

governed by and are to be construed in accordance with the laws of
England and Wales. Each of the parties irrevocably submits for all
purposes (including any non-contractual disputes or claims) to the
exclusive jurisdiction of the courts in England. You have no right to
assign these Terms (or any rights you may have under them) without
our express prior written consent.
In the event that any provision of these Terms is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these
Terms, such determination shall not affect the validity and enforceability
of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these
Terms shall not constitute a waiver of such right or provision. These
Terms and any policies or operating rules posted by us on this website
constitutes the entire agreement and understanding between you and
us and govern your use of the website, purchase of any products and
use of any service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written,
between you and us (including, but not limited to, any prior versions of
the Terms).
Questions about the Terms should be sent to us
info@pinkmarmalade.co.uk