Effective date: November 3rd, 2018.
1. Who we are and how to contact us
thepangaia.com is a site operated by Pangaia Limited ("We" or "Pangaia"). We are registered in Malta under company registration number C88550 and have our registered office at 230, 2nd Floor, Eucharistic Congress Road, Mosta MST 9039, Malta. Our VAT number is MT25661036.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2. When these terms apply
These terms of sale apply whenever you order any product through our website or otherwise from us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem, sets out our policy in respect of accepting returns and issuing refunds for items purchased from our website and other important information.
These terms of sale should be read alongside, and are in addition to:
Please read these terms of sale carefully and print a copy for your future reference. Please note that the terms of sale applicable to your order are the terms of sale which are in effect as at the time that we accept your order.
3. We may make changes to these terms
We may revise these terms from time to time by amending this page and will display the effective date of the revised terms at the top of this page. We recommend that you check this page each time before you order a product from us so that you are aware of the terms which apply at that time.
4. Our contract with you
Our acceptance of your order will take place when we email you an order acceptance confirmation, at which point a contract will come into existence between you and us. For the avoidance of doubt we are not obliged to accept any order we receive from you.
If we cannot accept your order, we will let you know this in writing and we will not charge you for the product. We may be unable to accept for various reasons, for example, if the product is out of stock, if you are under the age of 18, if we have unexpected demands on our resources which mean we cannot fulfil your order, if there is an error in the price or listing of the product or if we are unable to meet your specified delivery requirements.
Whilst we will do our best to fulfil your order once accepted, we cannot guarantee to do so (for example, where we are out of stock, where your card issuer refuses to authorise your payment or where products have been incorrectly priced on our website (see section 6). If we cannot fulfil your order, we will inform you of this as soon as reasonably possible. We will give you a full refund if you have already been charged for the products.
5. Our products
All product descriptions and illustrations shown on our website are provided in good faith but are for illustrative purposes only. We try to display the colour of our products accurately, but we cannot guarantee that a device’s display of the colours accurately reflects the colour of our products. You acknowledge that a number of our products are created using natural and experimental materials, meaning that no two pieces will be identical and the product image on our website may not be the actual product you receive. Actual products may vary accordingly. The packaging of the product may vary from that shown in images on our website. We are not responsible for any such discrepancies.
Please note that we do not guarantee that all products presented on the website are in stock or are available for purchase. We reserve the right to stop selling a product at any time and for any reason.
6. Our prices
The price of the product will be the price indicated on the order pages when you placed your order. All prices shown on the website are in USD and inclusive of value added tax at the relevant rate. Prices shown on the website include the costs of delivery (except where you opt for an expedited delivery option) and packaging, but are exclusive of any other applicable taxes or duties (such as import taxes) which will be collected prior to delivery of the product.
If the rate of applicable VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
We take reasonable care to keep prices up-to-date on the website and ensure there are no errors in our pricing. However, it is possible that some of the products we sell may be incorrectly priced. We usually check prices before accepting your order so that:
- where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount; and
- where the product’s correct price at your order date is higher than the price stated to you, we will get in touch with you and ask you if you wish to continue with your purchase at the higher price or cancel your order.
If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return at our cost of any products provided to you. We reserve the right to alter prices at any time.
7. Your use of the products
You acknowledge that you are only permitted to use the products for your own domestic purposes and that you are not permitted to copy or use the products for any other purposes including, for example, any business purposes or to copy or disseminate the products to any other persons. We may choose not to accept orders where we suspect that the products provided may be used for non-domestic purposes.
8. We own the intellectual property in our products
You acknowledge that, as between you and us, we own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the products (IPR). You hereby assign to us all rights and title in any IPR that vests in you to the fullest extent possible, including any renewals or extensions of such IPR and waive any moral rights you have now or in the future in relation to the products.
9. How to order Products
When you have found a product on our website that you would like to buy, please select the product options from the drop-down menus and click on the button labelled "[Add to cart]". This will add your chosen product to a virtual "shopping cart". You can then proceed to pay for the products in your virtual shopping cart by clicking on the button labelled "[Proceed to checkout]". Alternatively, you can continue browsing our website and add additional products to your shopping basket.
You can see what products are in your virtual shopping basket at any time by clicking on the button labelled "[Cart]". Before completing your purchase, you should check that the products in your shopping basket are the products you wish to purchase. If you wish to remove a Product from your shopping basket, simply click on the button labelled “[Remove]” next to the relevant product. You can pay for the products in your virtual shopping basket at any time by clicking the button labelled "[Proceed to checkout]".
When you place an order to purchase a product from us, your order represents an offer to us to purchase that product, which we may choose to accept or refuse – it does not represent a legally binding contract.
If prolonged inactivity causes your connection to the website to fail, your selection of products may be lost. In such case, you will be required to re-enter your selection of products to the shopping bag. Please note that products in your shopping bag are not reserved and may be purchased by other customers until you have placed the order at checkout and received the order confirmation from us.
10. Making changes to your order
If you wish to make a change to the order for the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see section 13 - What rights you have to end a contract with us).
We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and
- where a change in our chain of supply requires.
Any changes we make will not materially adversely affect the quality of our product.
11. How you should pay for the products
All card payments are subject to authorisation by your card issuer. If your payment is not authorised, we will cancel your order and notify you in writing (which may include e-mail) that we have done so. If you have already received the products you ordered from us, you must return those products to us at your own expense. If you fail to do so within 2 (two) weeks of our cancelling your order, we may arrange for collection of the Products at your expense.
If we cannot supply you with the products that you have ordered, we will cancel your order and inform you of this as soon as reasonably possible. We will give you a full refund if you have already been charged for the products.
12. Delivery of the Products
The costs of delivery, except where you have opted for expedited delivery, and excluding any import taxes or duties, will be as included in the price of the product ordered.
During the order process we will let you know when we anticipate being able to provide the products to you. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. To the extent permitted by the applicable law, we cannot be held responsible for any reasonable or unavoidable delay of delivery or any delay as a result of your actions or inaction.
Delivery will be to the address specified in your order. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you giving us incorrect delivery information. If no one is available at the address at the time of delivery, the products will be retained by the delivery company for a reasonable period of time and then returned to us. If products are returned to us by the delivery company, we will issue you with a refund for the products but reserve the right to retain any costs incurred in arranging for the delivery and return of the product.
If after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection within 14 days, we may end the contract and section 15 will apply.
Prior to taking delivery of the products, you will need to pay the delivery company any applicable import taxes and duties which have been paid on your behalf. If you fail to pay applicable duties or taxes then the delivery company may hold on to your products until the duties and taxes have been paid.
We will not dispatch any products and all products will remain our property until we have received payment in full for those products. A product will be your responsibility from the time we deliver the product to the address you gave us.
13. What rights you have to end a contract with us
If a product we supply is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see section 13.1.
If you want to end the contract because of something we have done or have told you we are going to do, see section 13.2.
If you have just changed your mind about the product, see section 13.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions as set out in section 15.
13.1. Faulty products
If you have any questions or complaints about the product, please contact us. You can write to us at email@example.com.
We are under a legal duty to supply products that are in conformity with this contract. If you wish to exercise your legal rights to reject products that are not in conformity with this contract, you should post them back to us in accordance with section 15. We will pay the costs of postage. Please email us at firstname.lastname@example.org for a return label.
13.2. Ending the contract because of something we have done or have told you we are going to do
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to (see section 10);
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed (see section 6);
- there is a risk that supply of the products may be significantly delayed because of events outside our control (see section 12);
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 5 days; or
- you have a legal right to end the contract because of something we have done wrong.
13.3 Changing your mind
For most products bought online you have a legal right to change your mind within 14 days of receipt of the product and receive a refund. You do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
14. How to end your contract with us
To end the contract with us, please let us know by:
Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
15. How to return products to us
If you or we end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post the goods back to us at Rua Joaquim Dias Salgueiro, Nº 130/180 — Armazém D, 4470-777 Vila Nova da Telha, Maia, Portugal. Please email us at firstname.lastname@example.org to proceed a return. If you are exercising your right to change your mind you must send off the goods within 14 days after telling us you wish to end the contract.
We will pay the costs of return but you will not be refunded any import duties or taxes you have already paid.
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within a longer period at one cost but you choose to have the product delivered within a shorter period at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
Refunds may only be issued to the credit card used to make the original purchase. It takes around 7-14 working days to proceed with your refund. We'll send an email once the returned item (s) have been received and your refund has been processed.
16. How we can end our contract with you
We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 5 days after we reminded you that payment is due;
- you do not, within a reasonable time, allow us, or a delivery company, to deliver the products to you;
- you do not, within a reasonable time, pay any applicable duties or taxes to the delivery company;
- we become aware that you are under the age of 18.
If we end the contract in the situations set out in this section we will refund any money you have paid in advance for products we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract.
17. Our liability to you
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We will use reasonable skill and care in fulfilling any order placed by you which is accepted by us. However, we exclude, subject to the following sentence, all other representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will not be liable for any special, indirect, incidental, consequential or economic loss or for loss of profits or revenues howsoever caused arising in connection with any order placed by you.
We will not be liable to you where we breach these terms due to any cause that is beyond our reasonable control. This clause does not affect your legal rights as a consumer.
18. Other important terms
These terms supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.
You may not assign or sub-contract any of your rights or obligations under these terms to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these terms of sale to any third party at our discretion. We will tell you in writing (via a post on our website) if this happens and we will try to ensure that the transfer will not affect your rights under the contract.
No relaxation or delay by us in exercising any right or remedy under these terms shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these terms are found to be illegal, invalid or unenforceable by any court or relevant authority, the rest of these terms shall remain in full force and effect.
Only you and we shall be entitled to enforce these terms. No third party shall be entitled to enforce any of these terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These terms are governed by English law, subject to the application of any mandatory laws in the country in which you reside. We both agree to the exclusive jurisdiction of the courts of England and Wales to settle any dispute or claim arising out of or in connection with these terms or your use of our website.