Terms of service

OVERVIEW

Welcome to By Destiny Pinto. The terms “we”, “us” and “our” refer to By Destiny Pinto. We operate this website and online store, including all related information, content, features, tools, products and services, to provide you with our services and products.

By visiting our site, using our services, or purchasing something from us, you agree to be bound by these Terms of Service (“Terms”), together with any policies referred to in them, including our Privacy Policy, Shipping Policy and Refund Policy.

Please read these Terms carefully before using our website. If you do not agree to these Terms, you should not use this website or purchase from us.

SECTION 1 - ACCESS AND USE OF OUR WEBSITE

By using this website, you confirm that you are at least 18 years old or that you have the permission of a parent or legal guardian to use this website and place orders.

You agree to use this website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use of the website.

SECTION 2 - PRODUCTS

We aim to ensure that all product descriptions, images and other content on our website are as accurate as possible. However, colours and appearance may vary depending on your screen, device settings and configuration.

All products are subject to availability. We reserve the right to withdraw, amend or discontinue any product at any time without notice.

We may limit the quantities of any products that we offer on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order through our website, you are making an offer to purchase the product(s).

Your order is only accepted when we send you an order confirmation email confirming that your order has been accepted and processed.

We reserve the right to refuse or cancel any order at our discretion, including where a product is unavailable, where there is an error in pricing or description, or where we suspect fraud or unauthorised activity.

If we need to change or cancel your order, we will try to contact you using the email address or other contact details provided at checkout.

Please check your order carefully before submitting it, as we may not be able to make changes after it has been placed.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice.

The price charged for a product will be the price shown at checkout at the time your order is placed and will be confirmed in your order confirmation email.

Prices may be displayed in different currencies depending on your location and our store settings. The final price payable will be shown clearly at checkout before you complete your purchase.

Unless otherwise stated, prices do not include delivery charges, customs duties, import taxes or similar charges that may apply to international orders. Any applicable delivery charges will be shown at checkout before you complete your purchase.

You agree to provide current, complete and accurate billing, payment and account information for all orders placed through our website.

SECTION 5 - SHIPPING AND DELIVERY

We aim to dispatch orders within the processing times stated on our website and in our Shipping Policy.

Estimated delivery times are provided for guidance only and are not guaranteed. Delays may occasionally occur due to circumstances outside our reasonable control, including courier delays, customs delays, severe weather, industrial action, or other unforeseen events.

Please see our Shipping Policy for current processing times, estimated delivery timeframes and further delivery information.

Risk in the goods passes to you when the goods are delivered to you and come into your physical possession.

SECTION 6 - RETURNS, CANCELLATIONS AND REFUNDS

Your rights to cancel an order, return a product and receive a refund are set out in our Refund Policy.

Nothing in these Terms is intended to limit any statutory rights you may have under applicable consumer law.

SECTION 7 - INTELLECTUAL PROPERTY

All content on this website, including text, images, graphics, logos, product descriptions, branding and website design, is either owned by or licensed to By Destiny Pinto and is protected by copyright, trademark and other intellectual property laws.

Content provided by third parties remains the property of the relevant owners and is used with permission where applicable.

You may not copy, reproduce, distribute, modify, transmit, display, publish, sell, licence or otherwise exploit any part of this website or its content without prior written permission from the relevant rights holder.

SECTION 8 - OPTIONAL TOOLS AND THIRD-PARTY SERVICES

We may provide access to tools, apps or services offered by third parties. These are provided for convenience only.

We do not control and are not responsible for any third-party tools, services, websites or content. Your use of any third-party services is at your own risk and subject to the terms and policies of the relevant third party.

SECTION 9 - THIRD-PARTY LINKS

Our website may contain links to third-party websites or services that are not owned or controlled by us.

We are not responsible for the content, policies or practices of any third-party websites or services. Accessing any third-party website is at your own risk.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

Our store is hosted on Shopify, which provides the e-commerce platform that enables us to sell our products and services to you.

However, any sale or purchase you make through this store is made directly with By Destiny Pinto and not with Shopify. Shopify is not responsible for any aspect of any sale between you and us, including any injury, damage or loss resulting from products purchased from our store.

SECTION 11 - PRIVACY

Your submission of personal information through the store is governed by our Privacy Policy.

Because our store is hosted on Shopify, Shopify may also process your personal information in order to provide and improve its services. Please also review Shopify’s privacy information where relevant.

SECTION 12 - CUSTOMER CONTENT AND FEEDBACK

If you send us feedback, reviews, suggestions, ideas or other content, you agree that we may use, edit, copy, publish and distribute that content without restriction and without any obligation to compensate you.

You confirm that any content you send us does not violate the rights of any third party and is not unlawful, abusive, defamatory or otherwise objectionable.

We reserve the right, but are not obliged, to remove or edit content that we consider inappropriate.

SECTION 13 - ERRORS AND INACCURACIES

Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, delivery charges, transit times or availability.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate at any time, including after an order has been submitted.

SECTION 14 - PROHIBITED USES

You must not use our website or services:

(a) for any unlawful purpose;
(b) to solicit others to perform unlawful acts;
(c) to violate any applicable laws or regulations;
(d) to infringe our intellectual property rights or the rights of others;
(e) to harass, abuse, insult, harm, defame, slander, intimidate or discriminate;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or malicious code;
(h) to collect or track the personal information of others;
(i) to spam, phish, scrape, crawl or otherwise interfere with the security or operation of the website; or
(j) to use the website in any way that could damage, disable or impair the website or our services.

We reserve the right to suspend or terminate access to our website or services if we believe you have breached these Terms.

SECTION 15 - TERMINATION

We may suspend or terminate your access to our website or services at any time if you breach these Terms or if we reasonably believe it is necessary to protect our business or other users.

Any provisions of these Terms which by their nature should survive termination shall continue to apply after termination.

SECTION 16 - DISCLAIMER

We aim to ensure that the information on this website is accurate and up to date, but we do not guarantee that the website will always be available, uninterrupted, secure or error-free.

To the fullest extent permitted by law, we provide the website and its content on an “as is” and “as available” basis.

Nothing in these Terms excludes or limits any rights you have as a consumer under applicable law.

SECTION 17 - LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence.

To the fullest extent permitted by law, we shall not be liable for any indirect or consequential loss, loss of profit, loss of revenue, loss of business, loss of opportunity or loss of data arising from your use of our website or from any products purchased through it.

Our total liability to you for any claim arising out of or in connection with your purchase of products from us shall not exceed the total amount paid by you for the relevant product(s).

SECTION 18 - INDEMNITY

You agree to indemnify and hold harmless By Destiny Pinto, its affiliates, service providers and partners from any claim or demand arising out of your breach of these Terms or your violation of any law or the rights of a third party.

SECTION 19 - SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the remaining provisions shall remain in full force and effect.

SECTION 20 - ENTIRE AGREEMENT

These Terms, together with any policies posted on our website, constitute the entire agreement between you and us in relation to your use of the website and your purchase of products from us.

SECTION 21 - CHANGES TO THESE TERMS

We reserve the right to update, change or replace these Terms at any time by posting the updated version on our website.

It is your responsibility to check this page periodically for changes. Your continued use of the website following any changes constitutes your acceptance of those changes.

SECTION 22 - GOVERNING LAW

These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of England and Wales.

If you are a consumer, you will also benefit from any mandatory provisions of the law of the country in which you live. Nothing in these Terms affects your rights to rely on those provisions.

Any dispute or claim arising out of or in connection with these Terms shall be subject to the jurisdiction of the courts of England and Wales, except where applicable consumer law allows you to bring a claim in your country of residence.

SECTION 23 - CONTACT INFORMATION

Questions about these Terms should be sent to us at hello@bydestinypinto.com.

Our contact details are:

By Destiny Pinto LTD
Email: hello@bydestinypinto.com
Business address: Unit A, 82 James Carter Road, Mildenhall, Bury St Edmunds, IP28 7DE, UK

Business registration number: 16686998
Registered in England and Wales