Pailom.com

Conditions of Use

By using this website you are agreeing to the terms and conditions listed below…

1: DEFINITIONS
In this document the following words shall have the following meanings:

• 1.1 "Buyer" means the organisation or person who buys Goods from the Seller;
• 1.2 "Goods" means the articles to be supplied to the Buyer by the Seller;
• 1.3 "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable; 1.4 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
  

2: GENERAL

• 2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods from Pailom.com to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by Pailom.com in writing.
• 2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Pailom.com.

3: PRICE AND PAYMENT

• 3.1 We accept payment all major credit / debit cards. Credit / debit cards are dealt with securely using PayPal. If you would like to pay using a credit / debit card please select PayPal as your method of payment. This will take you to PayPal’s secure website where you can either sign into an existing account or scroll down to ‘don’t have a PayPal account?’ and pay securely using a credit / debit card.
• 3.2 The price shall be that displayed in Pailom.com current List Price, or such other price as the parties may agree in writing. The price is inclusive of VAT or any other applicable costs. Carriage including all relevant packaging shall be paid for by the Buyer.
• 3.3 Payment of the price inclusive of VAT and any other applicable costs shall be paid within 7 days and before any goods are dispatched.
• 3.4 If payment of the price or any part thereof is not made within 7 days, Pailom.com shall be entitled to remove the buyers order from the shopping cart.

4: DESCRIPTION
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.

5: SAMPLE
Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample.

6: DELIVERY

• 6.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
• 6.2 The date of delivery specified by Pailom.com is an estimate only. Time for delivery shall not be of the essence of the contract.
• 6.3 If Pailom.com is unable to deliver the Goods for reasons beyond its control, then Pailom.com shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
• 6.4 All orders will be sent by first class post to keep the buyers costs at a minimum unless otherwise specified and paid for by the buyer or deemed otherwise byPailom.com. Please allow up to 7 working days for delivery after payment has been approved.
• 6.5 Pailom.com is not responsible for any items lost or damaged in the post once dispatched. Nor is it responsible for any extra charges incurred due to customs, duty or brokerage fees or otherwise.

7: PERSONAL DATA
All personal data held by Pailom.com is done so for the purpose of performing the services intended on this site. Personal Data will not be passed onto any third parties. Pailom.com’s customers reserve the right to alter or remove their data at any time.

8: RISK
Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the Seller`s premises. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.

9: TITLE
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.

10: WARRANTY

• 10.1 Where the Goods have been manufactured by Pailom.com and are found to be defective, Pailom.com shall repair, or in its sole discretion, replace defective Goods free of charge within 7 days from the date of delivery, subject to the following conditions:
• 10.1.1 the Buyer notifying Pailom.com in writing immediately upon the defect becoming apparent;
• 10.1.2 The defect being due to the faulty design, materials or workmanship of Pailom.com.
• 10.2 Any Goods to be repaired or replaced shall be returned to Pailom.com at the Buyer’s expense, if so requested by Pailom.com.
• 10.3 Where the Goods have been manufactured and supplied Pailom.com by a third party, any warranty granted to Voodoo Pickle in respect of the Goods shall be passed on to the Buyer.
• 10.4 Pailom.com shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid.
• 10.5 The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein, including, but without limitation, Clauses 10 and 11 below.

11: LIABILITY

• 11.1 No liability of any nature shall be incurred or accepted by Pailom.com in respect of any representation made by Pailom.com, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
• 11.1.1 the correspondence of the Goods with any description;
• 11.1.2 the quality of the Goods; or
• 11.1.3 the fitness of the Goods for any purpose whatsoever.
• 11.2 No liability of any nature shall be accepted by Pailom.com to the Buyer in respect of any express term of this contract where such term relates in any way to:
• 11.2.1 the correspondence of the Goods with any description;
• 11.2.2 the quality of the Goods; or
• 11.2.3 the fitness of the Goods for any purpose whatsoever.
• 11.3 All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to Pailom.com or not) are hereby excluded from the contract.

12: LIMITATION OF LIABILITY

• 12.1 Where any court or arbitrator determines that any part of Clause 10 above is, for whatever reason, unenforceable, Pailom.com shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.
• 12.2 Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of Pailom.com for death or personal injury as a result of Pailom.com’s negligence or that of its employees or agents.

13: INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights in this website including all inventions, logos, art work, slogans, designs, trade marks, trade names, works in which copyright may subsist and all works protected by the rights or forms of protection of a similar nature or having equivalent effect anywhere in the world are the property of Pailom.com. Reproduction of any kind is forbidden without the prior written consent of Pailom.com.

14: FORCE MAJEURE
Pailom.com shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and Pailom.com shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as Pailom.com considers unreasonable, it may, without liability on its part, terminate the contract.

15: RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.

16: ASSIGNMENT AND SUB-CONTRACTING
The contract between the Buyer and Pailom.com for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of Pailom.com.

17: WAIVER
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

18: SEVERABILITY
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

Privacy Notice

At Pailom.com, your privacy is our priority. We are committed to protecting your privacy at all times, in all situations. The information we collect about you when you become a member is used to process your orders and to provide a more personalized experience on our site. We at Pailom.com do not guarantee complete security on stored information; however, have implemented many security policies and conditions to help protect your confidential information.

Your name and address information is used solely to process orders unless your prior consent is given. Without your consent, this information will NEVER be sold, given, rented or traded to others for purposes other than order fulfillment.

Your demographic information (gender, date of birth, etc.) will be used for several security purposes, to ensure you are who you say you are and in fact you are paying with your credit cards and not someone using your stolen credit cards.

Our Use of Log Files
When you visit our site we automatically log your IP address, your browser type and your access times. We utilize this information to conduct site performance evaluations, to see where visitors are coming from and to keep track of click stream data (the screens our users visit on our site). This data helps us to determine what content our members find most appealing so that we can maximize your enjoyment of the site. Log files are not tied to personally identifiable information.

Site Security
All Pailom.com employees take your personal information very seriously. All employees must learn and obey our security policies. Access to member personal information is limited to key management personnel and our member services department. The information is ID and password protected and our Web security is reviewed on a monthly basis.

Correcting/Updating Your Personal Information
After becoming a Pailom.com subscriber you may correct/update your personal information by clicking on the 'My Account' link at the top of any page, entering your ID, password and birth date when prompted and clicking the Edit Information button. The changes you make will be reflected in our databases instantly. If you wish to deactivate your account, you may contact our member services group through the 'My Account' section, or the 'Contact Us' section.

Links To Other Sites
This Web site contains links to other Web sites. Please note that when you click on one of these links, you may be leaving the Pailom.com site and entering another Web site. These sites may independently collect or request information about you and we encourage you to read the privacy statements of these linked sites as their privacy policy may differ from ours.

Communication
From time to time we may send out email messages alerting you that products are available, to remind you about providing feedback or for promotional offers. In addition, you will receive communication from us 1) if you contact us for a particular reason, 2) to receive your orders, or 3) we need to contact you for administrative purposes such as winning a contest. Administrative e-mails will not contain promotional materials. If you choose to receive our News Letters, they will contain promotional materials from Pailom.com.

Legal Disclaimer
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.

Supplementation
We may correct or supplement your address information with standardized postal representation in order to ensure that your orders are delivered. We do this since we want to make sure that our members receive the order and to lower costs associated with our programs.

Our Use of Cookies
Cookies are pieces of information that your browser stores on your computer's hard drive which identify you when you enter. The ability to select samples on our site is not cookie-driven. We may use session cookies to provide a seamless experience on the site and to combine with our log files so that we can understand our site traffic and analyze our demographic information in aggregate form. If you have set your browser to reject cookies, our site will not identify you when you enter and you will need to manually type in your ID and password.

Your Feedback is Always Welcome
We welcome your comments and questions about our privacy policy - or anything else you might want to talk about.