Last updated: September 22nd, 2024
About us
We are Dev Mojo Limited whose trading name is Pentlebay, a company registered in England and Wales under number 08886591 with email address contact@pentlebayclothing.com (the Supplier or us or we).
These are the terms on which we sell all Goods to you (the Customer or you). By ordering any of the Goods, you agree to be bound by these Terms and Conditions.
Interpretation
Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
Delivery Location means the Customer's delivery address or other location where the Goods are to be supplied, as set out in the Order;
Order means the Customer's order for the Goods from the Supplier as submitted following the step by step checkout process set out on the Website;
Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
Website means our website www.pentlebayclothing.com on which the Goods are advertised.
User Credit means any credit balance that you may have which can be used to pay or partially pay for an Order.
Goods
The description of the Goods is as set out in the Website or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
All Goods which appear on the Website are subject to availability.
Personal information
When registering to use the Website your username is your email which is associated with a password that is sent to you (and which you can subsequently change). You remain responsible for all actions taken under the chosen email username and password and undertake not to disclose your password to anyone else and keep it secret.
We retain and use all information strictly in accordance with our Privacy Policy.
Ordering
When you place an order, you should receive an acknowledgement e-mail confirming receipt of your order.
We only accept your order once payment has been approved and we have debited the payment card (and then the contract is made based on these terms).
All orders are subject to availability and confirmation of the order price. If there is an issue with an order, we’ll get in touch with you.
Credit balance
Your credit balance is the amount of User Credit you have available to pay for an Order.
User Credits added to your account via offers, promotions or other means increases your credit balance. Any User Credit you use to pay for an order reduces your credit balance. Any refund you receive of User Credit is added back and increases your credit balance.
You can view any credit balance, and any related transactions, in your online Pentlebay account in the ‘My wallet’ section.
User Credits expire 2 years after they are applied to your account. Any refund of User Credit does not extend this expiry date. User Credits are not eligible for any monetary exchange.
Price and payment
The price of the Goods and any additional delivery or other charges is that set out on the Website at the time of the Order.
Prices and charges include VAT at the rate applicable at the time of the Order.
If you have a credit balance available to use for an Order, this will be used first to pay or partially pay for your order, up to the amount of credit balance you have available, or the total cost of the order, whichever is the lower.
Should you not have enough credit balance to fully pay for your order, and the remaining balance is less than £0.30 (30p), then the amount of credit balance applied to your order will be reduced such that the remaining balance to pay is £0.30 (30p). This is due to the minimum allowable payment on a credit or debit card through Stripe being £0.30 (30p).
Your credit balance will be reduced by the amount of User Credit used on the order.
If you have a remaining balance to pay for your Order after applying any credit balance you have available, you must pay the balance by submitting your credit or debit card details with your Order and we can take payment before delivery of the Goods.
Delivery
When you place an Order, the range of delivery options and delivery timescales available to you are presented real-time during checkout.
We will deliver the Goods to the Delivery Location by the time or within the agreed period or without undue delay. Sometimes there may be delays – e.g. because of postal / carrier delays, logistics or bad weather. You can track your parcel's progress in your online Pentlebay account.
Risk and title
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
Returns and refunds
Goods must be in a fully re-saleable condition with all tags still attached. Any item which is not in its original condition, has its sale tags removed, is dirty, marked or showing signs of being worn (other than to try the fit) will not be eligible for a refund.
Please take care when initially trying the clothes as you are liable for any damage that is the result of unnecessary handling by you (i.e. it goes beyond the sort of handling that might be reasonably allowed in a shop).
You must start a return within 14 calendar days of receiving your order. You then have a further 14 calendar days to have the item(s) delivered to us. We do not accept returns for unwanted items after this period has passed.
Timing of reimbursement
We will make the reimbursement without undue delay, and not later than 14 days after the day we receive back the Goods from you.
If you used any credit balance to pay for your Order, this will be reimbursed first before any reimbursement to another payment method.
For any further refund required, we will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
You acknowledge that there is often some processing time from when a reimbursement is issued to when the refund may appear in your account or credit card balance. This processing time may be in addition to our reimbursement time and is out of our control.
Returns process
To organise a return of Goods, you must first raise a return in your online Pentlebay account. If you made your purchase as a guest, you would first need to create an account. Details on how to do this can be found on the frequently asked questions page.
We will ask you to post the Goods to the address we advise when you raise your return. We strongly recommend you get proof of postage when you send your items.
Details of your rights as a Consumer when returning products purchased online can be found here https://www.which.co.uk/consumer-rights/advice/i-want-to-return-something-bought-online.
Privacy
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
These Terms and Conditions should be read alongside, and are in addition to our other policies, including our privacy policy and terms of use.
For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: contact@pentlebayclothing.com.
Excluding liability
The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the contract was made, or (ii) loss (e.g. loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
These Terms and Conditions are governed by English law and the exclusive jurisdiction of the English courts.
We try to avoid any dispute, so if there is any complaint, customers should send a message using our contact us page. We will aim to respond with an appropriate solution within 48 hours.