Terms of Purchase

Thank you for shopping with Pengallan. Pengallan attempts to make its online shopping experience as flawless and enjoyable as possible. Pengallan wants to ensure your complete satisfaction with this online service. In furtherance of these goals, please take a moment to review and understand these Terms of Purchase.

PLEASE NOTE that at present the Pengallan On-Line Store is only available in English and the Terms of Purchase are also only in English. If You do not understand the Terms of Purchase as written in English, You should not use this site.

POR FAVOR TENGA EN CUENTA que en la actualidad la tienda On-Line y las Condiciones de Compra solo estan disponibles en ingles. Si no las entendiera en este idioma le rogamos se abstenga de usar este servicio.

AVVERTENZA: attualmente il negozio On-Line e' disponibile solo in lingua inglese pertanto anche le Condizioni d'Acquisto sono espresse in questa lingua. Chiunque non sia in grado di comprendere suddette Condizioni d'Acquisto, non dovrebbe utilizzare questo sito.

NOTA BENE: Momenteel is de On-Line winkel alleen verkrijgbaar in de Engelse taal. De Koop Voorwaarden zijn ook alleen in het Engels. Mocht U deze Koop Voorwaarden in het Engels niet begrijpen dan raden wij U af deze site te gebruiken.

These Terms of Purchase govern the use of Pengallan Limited's online store ("Pengallan On-Line Store"). Any reference to "Pengallan" is to Pengallan, LLC. Please see below for contact details. Any reference to "Customer", "You” or "Your”, means you as user of the Pengallan On-line Store.

Pengallan, LLC is a Delaware limited liability company, U.S.A.

For your records and reference, we recommend you keep a copy of these Terms of Purchase in relation to the transactions You enter into via the Pengallan On-Line Store by printing them or saving them onto Your computer.

  1. Registration and On-line Account
  2. Placing Your Order
  3. Access and Use of the Pengallan On-Line Store
  4. Acceptance
  5. Payment
  6. Deliveries and Insurance
  7. Cancellations and Returns
  8. Privacy Policy
  9. Intellectual Property
  10. Liability
  11. Applicable Law


REGISTRATION AND ON-LINE ACCOUNT

1.1 To place an order through the Pengallan On-Line Store You will need to register and open an account or use the guest check-out option. To do this, simply go to the registration page, click on the "new customer" register button and complete the registration process.

1.2 On registration, Customers will be asked to choose a password and account login. Please note that Customers are responsible for ensuring that their password and account login are kept safe and secure at all times. Pengallan will not be held responsible for any misuse of Your account in the event that a third party has access to Your password and account login.

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PLACING YOUR ORDER

2.1 To place an order, You must be over 18 and lawfully capable of entering into and forming a valid contract in accordance with English law.

2.2 Products are exclusively available for sale through the Pengallan On-Line Store to end-user Customers only and are not for re-sale. Consequently, Pengallan reserves the right to refuse orders placed by Customers who breach this condition. Furthermore, in the event that Pengallan, at its entire discretion, reasonably suspects that a Customer has breached this condition, the Customer's password and account login will be cancelled and the account will be automatically terminated.

2.3 In order to make purchases through the Pengallan On-Line Store, You will need to create an online account and You will be requested to provide information about You as indicated so that Pengallan may process Your Order. You represent and warrant that the information provided by You is both valid and correct.

2.4 You further represent and warrant that the data You provide will not contain any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information; nor will such data cause the Pengallan On-Line Store to be interrupted, damaged, rendered less efficient or in any other way compromised such that the effectiveness or functionality of this website is in any way impaired.

2.5 Once You have chosen an item, simply click on the image to access the product page where information on the item, such as prices, sizes and color options will be displayed.

2.6 If You are happy with Your choice, click on the "Add to Bag" button.

2.7 You can monitor the product(s) You have chosen by clicking on the "Shopping Bag" button at any time. You can also remove an item by clicking on the "Remove" button next to the chosen product.

2.8 When You are ready and have reviewed Your order, proceed to "Checkout" and follow the instructions. You will be required to enter Your payment details. When You have completed this process, please click on the "Purchase" button.

2.9 All prices shown in the Pengallan On-Line Store are in local currency, that is US Dollars.

2.10 Prices displayed for products to be delivered to non-US countries may include taxes as applied to consumers in those countries.

2.11 Prices displayed for products to be delivered to the USA do not include local Sales Tax. However, Your State and/or municipal government may require You to declare Your Internet purchases and pay Sales, Use or other applicable Tax on them directly.

2.12 Delivery costs are not included and will be displayed on the order form once You have completed Your selection.

2.13 You should carefully check all details prior to confirming Your order.

2.14 Once You have confirmed Your order, Pengallan will issue You with an Pengallan Order Reference Number, which will appear in Your order confirmation. Please make sure that You save this number for reference.

2.15 On placing an order through the Pengallan On-Line Store, You are making an offer to Pengallan to purchase the products selected in accordance with these Terms of Purchase. (Please note that Pengallan may not always be able to accept Your offer; please see details of Acceptance in section 4.)

2.16 Please note that, by making an offer to purchase merchandise, You hereby expressly authorise Pengallan and/or its online service partners to perform the appropriate credit checks for Pengallan and, should it appear necessary, obtain additional information required to process Your order efficiently. Information received or sent to authorised third parties may include, but is not limited to Your name and credit card details. This may be necessary to authenticate Your identity, to validate Your payment card, to obtain an initial credit card authorisation and to authorise individual purchase transactions (please see section 9 and the Privacy Policy).

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ACCESS AND USE OF THE PENGALLAN ON-LINE STORE

3.1 The Pengallan On-Line Store is only available to shoppers who meet Pengallan's terms of eligibility, in particular, individuals who are over 18, have been issued with a valid payment card by a reputable bank and who have agreed and authorise Pengallan to process a charge or charges on their payment card in the amount of the total purchase price for the products they choose to purchase (see Payment in section 5).

3.2 For full Terms and Conditions, please click here.

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ACCEPTANCE

4.1 Once Your order has been submitted through the Pengallan On-Line Store, Pengallan will send You an e-mail confirming Your order. A second e-mail will be sent informing You of the dispatch date of Your order.

4.2 Unless You cancel Your order in accordance with Pengallan's Cancellation Policy (see section 7), acceptance of Your order and completion of the contract between You and Pengallan will take place when Pengallan dispatch the item(s) to You. The sale contract is therefore concluded at that time in New York, New York, U.S.A. and the language of the contract is English.

4.3 Pengallan reserves the right not to accept Your order. Such non-acceptance may result, for example, from the fact that the item ordered is out of stock or that Pengallan are unable to obtain authorization for Your payment or that You do not meet the terms of eligibility as set out in section 3 above.

4.4 Furthermore, Pengallan retain the express right not to process a transaction at any time at Pengallan's sole discretion for whatever reason. In this event, Pengallan will not be liable to You or any third party by reason of Pengallan not accepting Your order or withdrawing any merchandise from the Pengallan On-Line Store, whether or not such item(s) have been sold.

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PAYMENT

5.1 The Pengallan On-Line Store accept the following major payment cards only: MasterCard, Visa, Discover and American Express. Payment will be debited from Your account upon receipt of Your order by Pengallan. You are responsible for confirming that You are the legitimate holder of the credit/debit card and that Your details are correct. All credit/debit cardholders are subject to validation checks and authorization by the card issuer.

5.2 If the issuer of Your payment card refuses to authorize payment to Pengallan, Pengallan will not be able to process Your order and a message will appear informing You that the transaction cannot be processed.

5.3 For your protection, Pengallan, together with its partners, takes all reasonable care to make the Pengallan On-Line Store as secure as they can. All payment card transactions made through the Pengallan On-Line Store are processed by Global Payments Direct, Inc. (see 5.6 below) using their secure online payment gateway (see below) that encrypts Your card details in a secure hosting environment. Pengallan do not hold Your payment card details on the Pengallan server.

5.4 To help ensure that Your shopping experience is safe, simple and secure, Pengallan uses Secure Socket Layer (SSL) technology. This encrypts and protects the personal and payment data You send to Pengallan over the internet. When SSL is enabled, You will see a padlock at the bottom of Your browser and You can click on this to find out information about the SSL digital certificate registration.

5.5 Pengallan will employ all reasonable care to ensure that details of Your order and payment are held securely. However, Pengallan cannot be held liable for any loss You may suffer if a third party procures unauthorised access to any data You provide when accessing or ordering from Pengallan's On-Line Store.

5.6 You are informed that Global Payments Direct, Inc. may store or transmit information relating to You within the Global Payments Direct, Inc. through the Global Payments Direct, Inc. proprietary international telecommunications network or other communications networks. Global Payments Direct, Inc. stores transactional data outside of the US. Accordingly, they declare that their service will comply with the Data Protection Act 1998 and where applicable the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any modifications thereof (please also refer to Pengallan's Privacy Policy).

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DELIVERIES AND INSURANCE

6.1 At the present time, Pengallan only dispatches and delivers orders from the Pengallan On-Line Store to the United Sates of America. For international order inquiries please email contact@pengallan.com

6.2 All products are delivered from Pengallan's warehouse in the US. Deliveries are charged in addition to the cost of the products themselves. The cost of delivery is calculated based on the country of delivery and the content of Your shopping bag. The delivery charges are fixed based on weight of the products in your order.

6.4 For all products Pengallan uses UPS standard delivery services to deliver products to You.

6.5 Your order will be shipped once the payment has been approved and the address has been verified.

6.6 For orders received by 3pm (Eastern time), Pengallan will use reasonable endeavours to ship your order same day and you may expect delivery within 5-10 working days.

6.7 For orders received after 3pm (Eastern time), Pengallan will ship on the next working day excluding weekends and federal holidays and you may expect delivery within 5-10 days of shipment.

6.8 The delivery times shown above are based on UPS expected transit times but cannot be guaranteed. Furthermore, Pengallan cannot be held accountable for delays in Customs clearance.

6.9 Item(s) will be delivered to the delivery address as shown in Your order confirmation.

6.10 You will receive an e-mail notifying You of the date of dispatch of Your order and once dispatched You will be able to track it on-line through the UPS website available at http://www.ups.com/content/cb/en/bussol/browse/tracking.html using Your unique UPS delivery reference number.

6.11 You will need to ensure that someone is present at the given delivery address to sign for the order when it is delivered.

6.12 Pengallan insures each purchase during the time it is in transit until it is delivered to You. You will be asked to sign for any item(s) delivered, at which point all responsibility and risk for Your purchased item(s) pass to You.

6.13 Pengallan will store a record of Your transactions for a minimum period of one year. Please note that for Your security Pengallan only retain records of Your transactions on the Pengallan web site; Your payment card details are neither held on the Pengallan web site nor on the Pengallan On-Line Store.

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CANCELLATIONS AND RETURNS

Please note that orders that have been placed between 1st November and 24th December, have an extended cooling off period. Please send us an email clearly stating order number and the reason for returning it and we will be organising collection starting the week of 10th January.

7.1 Your satisfaction is Pengallan's number one priority.

7.1.1 Should You wish to cancel Your order or return an item You have ordered please contact Customer Service at service@pengallan.com

Customer Services will be happy to assist you with your order inquiry.

7.1.2 Pengallan's Customer Services will supply You with a Return Form number and full instructions. You should retain the Return Form number as a record.

7.1.3 When contacting Customer Services please quote:

  • Your order reference number (please refer to Your packing note or order confirmation e-mail);
  • The items(s) You are returning or cancelling; and
  • Reasons for return or cancellation.

7.1.4 For returns please contact service@pengallan.com for instructions and shipping information.

7.2 Cancellations and "cooling off” period.

7.2.1 We will offer a refund or exchange (if stock available) on any unworn/unused goods (faulty or otherwise) within 30 days of the delivery date. You must return the goods to us - please try to return items in, or with their original packaging with their labels intact.  The courier's documented delivery date will be used for the purposes of establishing all return or exchange eligibility, and is provided to you in your delivery confirmation email.  Shipping for returns and exchanges within 30 days of the delivery date is free of charge.  Please, email us at service@pengallan.com and we'll provide you with a pre-paid return label. see 7.7 below.

7.2.2 Please be aware that sometimes it will not be possible to stop a cancelled order from being dispatched, because Pengallan endeavours to process orders on the same day. If Your order has already been fully processed and dispatched, please follow the returns policy.

7.2.3 If you wish to return a delivered item after the expiry of the cooling off period referred to at 7.2.1 above, you can do so within twenty-eight (30) days of the date of delivery of the item(s). The returns procedures is described below.

7.3 Cancellation and returns following delivery.

If You are not happy with the item(s) delivered You may either:

7.3.1 Cancel Your order within the cooling off period. In accordance with the aforementioned cancellation and "cooling off" period, the cooling off period commences as of the date You receive Pengallan's e-mail acknowledging acceptance of Your order and ends on the thirtieth day following receipt of the merchandise by You or, in the case of gifts shipped directly by us to the recipient of the gift, receipt by that recipient; or

7.3.2 If the cooling off period has expired, you can still return the item(s) as set out in 7.4 below provided that item(s) are returned to Pengallan within thrity (30) days of the date of delivery of the item(s).

7.4 Returns and cancellations

7.4.1 In the event of returns or cancellations, Pengallan require that You return any item(s) to Pengallan in their original packaging in a "new and unused state" with all original labelling attached and a copy of the invoice.

7.4.2 PLEASE NOTE: "New and unused" means that there are no marks on the item(s) or any wear on the tags. Pengallan do not sell used item(s) and will not accept any item with any indication that it was used or, in the case of belts, cut to size. All item(s) will be subject to a Quality Control (QC) check on return receipt. If item(s) do not meet QC standards then the item(s) will be returned to the purchaser at the purchaser's cost.

7.5 All returns and cancellations will only be accepted with a Return Form number (please refer to section 7.1.1 above for details of how to obtain a Return Form number).

7.6 It is the Customer's responsibility to ensure that any goods being returned are fully insured whilst in transit to Pengallan.

7.7 Although Pengallan make every effort to ensure that You receive the item(s) ordered, please let Pengallan's Customer Services know if this is not the case. Pengallan is pleased to offer a free returns process using UPS in the event that:

a) The item(s) is not what was ordered.
b) The item(s) is flawed.
c) You have changed Your mind and wish to cancel Your order during the cooling off period outlined in section 7.2 above.

7.8 In all other cases shipment and insurance of item(s) returned is the responsibility of the sender and this will be at their cost. Pengallan requires that item(s) be returned within thirty (30) days of the date of delivery of the item(s).

7.9 In the event of any failure to return any item(s) to Pengallan as set out in these Terms of Purchase within the stipulated time limits, even though validly cancelled, Pengallan shall have the right to charge any costs relating to the recovery of the item(s). For further information You can contact Customer Services at service@pengallan.com

7.10 Refunds to You will be made within 30 days of the date of the returned or cancelled items being received by Pengallan provided that the goods are properly returned. All undamaged, correctly returned items will be credited to the original purchaser's payment card including tax but excluding shipping charges and recovery costs. Pengallan does not offer Pengallan store credits.

7.11 Pengallan will not issue credit notes for use through the Pengallan On-Line Store or in Pengallan stores/stockists.

7.12 Items purchased through the Pengallan On-Line Store cannot be exchanged or refunded in Pengallan stores/stockists.

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PRIVACY POLICY

8.1 Pengallan is committed to ensuring your personal data is safe. When ordering products from the Pengallan On-Line Store, You will be asked to provide personal information including Your name, delivery address, telephone number, product selections as well as payment card details ("Personal Information"). Any Personal Information you make available to Pengallan is done so voluntarily, with Your knowledge and consent when ordering items or registering for services from Pengallan. Registration forms contain both mandatory fields (indicated with an asterisk (*)) and non-mandatory fields; if You choose not to complete the mandatory fields then Pengallan may not be able to respond to Your request or activate Your option choices. By using the Pengallan On-Line Store, you agree to the capture and use of Your data in accordance with the terms laid out in Pengallan's Privacy Policy. For more information on Pengallan's Privacy Policy please click here.

INTELLECTUAL PROPERTY

9.1 Material published on the Pengallan On-Line Store is copyright Pengallan or its licensors. All rights reserved. All third party trademarks mentioned or displayed such as Global Payments Direct, Inc., Visa, Mastercard, Discover, American Express, UPS, iPod, PSP and BlackBerry are the property of their respective owners. For additional information, please consult the Web Site