This document tells you the terms on which The Glass Pineapple Limited (The Glass Pineapple’) provides you with access to www.theglasspineapple.com (the ‘Website’), whether as a guest or a registered user. Please read these terms carefully before you make use of our website in any way, whether you are browsing, accessing or registering with us. By using our website you agree to be bound by these terms and your use of the website is an indication that you agree to comply with these terms. If you do not accept these terms then you must not use our website.
You are advised to print and retain a copy of our terms so that you may refer back to them in future.
1. The Glass Pineapple and the Website
1.1 The Website is owned and managed by The Glass Pineapple Limited, a company registered in England and Wales with the company registration number 8766205 and having its registered office at c/o Fuse 62A Highgate High Street, London N6 5HX.
1.2 You acknowledge that the Glass Pineapple only provides you with the facility to view, browse and to purchase the Products from the Vendors ('Vendors') via the Website. You understand and agree that the Products that are listed on the Website are supplied by the Vendors and not by The Glass Pineapple. The Glass Pineapple does not participate in any part of the sale and purchase transaction between you and the Vendors. Therefore, you further acknowledge and agree that any agreement for the purchase of the Product shall be strictly between you and the Vendor of that Product.
1.3 At the discretion of The Glass Pineapple the Website may be suspended for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades. The Glass Pineapple shall not be liable to you for the Website being suspended or out of use.
1.4 The Glass Pineapple reserves the right to make any changes to the Website, from time to time, including any functionalities and content therein or to discontinue any aspect of the Products or features of the Website therefore without notice. Whenever you order a Product from the Website, the Terms that are in force at the time will apply to the Contract between you and the Vendor.
2. Preliminary Info
2.1 In order to use to the Website, you warrant that:
2.1.1 you are legally capable of entering into any binding contracts;
2.1.2 you are at least 18 years old; and
2.1.3 you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms.
3. A Registered User
3.1 By completing the online registration form to register as a Registered User, you consent to The Glass Pineapple conducting verification and security procedures in respect of the information provided in such online registration form.
3.2 You hereby warrant that the information provided to The Glass Pineapple is true, accurate and correct and that you shall promptly notify The Glass Pineapple in the event of any changes to such information.
3.3 Upon the completion and submission of the online registration form by you to The Glass Pineapple, The Glass Pineapple shall send you a confirmation email to your email address provided in the online registration form. The Glass Pineapple may also provide you with details of your login and password ('Login Details'). You shall keep the Login Details confidential and secure. Without prejudice to the other rights and remedies of The Glass Pineapple, The Glass Pineapple reserves the right to promptly disable your Login Details and suspend your access to the Website or your ability to browse the Website and/or use any of the features and functionalities of the Website if The Glass Pineapple has any reason to believe that you have breached any of the provisions set out herein.
4. How The Contract is Formed Between You and the Glass Pineapple
4.1 The date of commencement of your Contract with The Glass Pineapple shall be determined as follows:
4.1.1 if you are a Registered User, then on the date that you register your details with us; or
4.1.2 where you are a Unregistered User, then upon your first use of the Website, and
4.1.3 such Contract shall be effective and in force until terminated by either party in accordance with clause 5 of these Terms.
4.2 Notwithstanding the foregoing, we reserve the right at our sole and absolute discretion and for whatever reason to:
4.2.1 accept or reject your application for registration; and/or
4.2.2 refuse you access to the Website (partly or wholly) whether you are a Registered User or Unregistered User.
5. Term And Termination
5.1 Unless otherwise expressly set out to the contrary herein, The Glass Pineapple’s Contract with you shall remain in force:
5.1.1 where you are a Registered User, for the duration of your registration with us; or
5.1.2 where you are an Unregistered User, for the duration in which you access the Website, having use of certain features and functionalities therein as an Unregistered User.
5.2 The Glass Pineapple may suspend or terminate your access, as a Registered User or an Unregistered User to the features and functionalities of the Website at any time and without explanation.
6. Your Obligations
6.1 You agree that you are solely responsible and liable for all activities on the Website, whether you are a Registered User or an Unregistered User.
6.2 In the event of a security breach or unauthorised use of your Login Details, and if you are a Registered User, you shall promptly notify us.
6.3 You agree that as a Registered User with access to the Website, you shall not post a review, comment, link or other material whatsoever that may reasonably be deemed to be offensive, illegal or inappropriate in any way.
6.4 You acknowledge that The Glass Pineapple may remove anything you review, comment, link or submit to the Website at any time.
6.5 You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any review, comment, link or submission that you make to the Website and you hereby grant to The Glass Pineapple a non-exclusive, irrevocable licence to edit or make this material available to the Vendor and other users of the Website if The Glass Pineapple deems it necessary or desirable to do so for any reason.
6.6 You further agree that at all times, you shall:
6.6.1 not use your Login Details to impersonate another person or allow anyone else to use your Login Details;
6.6.2 not use the content of the Website for any purposes other than those expressly set out in these Terms;
6.6.3 not engage in any activity that is likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;
6.6.4 not use the Website, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties;
6.6.5 not use any information obtained using the Website otherwise than in accordance with these Terms;
6.6.6 comply with all instructions and policies from The Glass Pineapple from time to time in respect of the Website;
6.6.7 co-operate with any reasonable security or other checks or requests for information made by The Glass Pineapple from time to time; and
6.6.8 use the information made available to you on the Website at your own risk.
6.7 In the event that The Glass Pineapple, in its sole and absolute discretion, considers that you have breached any of the terms set out in this clause 6, The Glass Pineapple shall reserve the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice, your use of and access to the Website (whether you are a Registered or Unregistered User); and in the case of illegal use, the instigation of legal proceedings as appropriate.
6.8 Without prejudice to any of The Glass Pineapple's other rights and remedies, The Glass Pineapple reserves the right, in its sole and absolute discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of this clause 6.
7. Your Contract with the Vendor
7.1 If you wish to purchase the Product advertised on the Website, you may contact the Vendor and/or finalise the purchase of the Product using the features and functionalities available to you on the Website.
7.2 You acknowledge and agree that The Glass Pineapple only provides the facility to browse the content of the website, partake in interactive services and purchase the Products from the Vendor using the website. The Glass Pineapple Limited is not a participant in the purchase between you and the Vendor.
7.3 You also acknowledge and agree that your purchase of the Product shall be governed by a contract between you and the Vendor and The Glass Pineapple is not liable in any way and for any reason whatsoever in respect of the contract between you and the Vendor for the purchase of the Product.
7.4 The date of the commencement of your contract with the Vendor shall be the date on which your order has been accepted in accordance with clause 7.6.
7.5 After you place an order with a Vendor, you will receive a confirmation email acknowledging receipt of your order. This does not mean the order has been accepted.
7.6 The Vendor will confirm their acceptance to you by sending you an email that confirms the Product has been dispatched (Dispatch Confirmation).
7.7 If the Vendor is unable to supply you with a Product, they will inform you of this by email and will not process your order. If you have already paid for Products, a refund will be issued as soon as possible.
8. Exclusion of Warranties and Limitation of Liability
8.1 All warranties, representations, guarantees, conditions and terms other than those expressly set out herein whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral in respect of the Website and the Product, are hereby expressly excluded to the fullest extent permissible by law.
8.2 You acknowledge that The Glass Pineapple shall have no control over the quality, price, condition or legality of the Products offered including without limitation any of the information provided by the Vendors in respect of the transaction for the sale and purchase of the Product. The Glass Pineapple does not vet, review, screen or verify any such information made available on the Website by the Vendors. Accordingly, The Glass Pineapple shall not be liable to you for any inaccuracies in respect of the information relating to a Product, the price of the Product or your transaction with the Vendor.
8.3 Nothing in these Terms shall limit or exclude The Glass Pineapple’s liability in respect of:
8.3.1 death or personal injury resulting from our negligence; or
8.3.2 any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
8.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
8.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
8.3.5 defective products under the Consumer Protection Act 1987.
8.6 Links to third party websites may appear on the Website. Such third party websites are not the responsibility of The Glass Pineapple and The Glass Pineapple accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not endorse the views expressed therein.
8.7 In the event you have a dispute with one or more of the Vendors, you hereby release The Glass Pineapple from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such disputes.
9. Intellectual Property Rights
9.1 You may use, download and print content on the Website solely for your own personal use or internal business purposes. Other than for your own personal use or internal business purposes, you may not without our prior written consent:
- copy, reproduce, use or otherwise deal with any content on the Website;
- modify, distribute or re-post any content on the Website for any purpose;
- reproduce, crawl, frame, link to or deep-link into this Website on or from any other website;
- use the content of the Website for any commercial exploitation whatsoever.
9.2 Removing, modifying, altering or using any registered or unregistered marks/logos/design owned by The Glass Pineapple and/or its licensors, and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to The Glass Pineapple.
9.3 For any queries in respect of the intellectual property rights relating to the Website and the Products, please contact firstname.lastname@example.org.
11.1 If The Glass Pineapple fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
11.2 A waiver by The Glass Pineapple of any default shall not constitute a waiver of any subsequent default.
11.3 No waiver by The Glass Pineapple of any of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
11.4 All communication with The Glass Pineapple should be sent to the contact details set out in clause 14 of these Terms or made available to you on the Website.
11.5 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
11.6 These Terms set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. These terms do not cover the agreement between you and the Vendor.
11.7 You acknowledge that in entering into these Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between us except as expressly set out in these Terms.
11.8 Any matter that arises out of your use of this Website shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English.
11.9 We reserve the right to change and update these Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Terms that apply to your use of the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms.
12. Delivery Policy
12.1 As The Glass Pineapple is an online marketplace that offers a forum in which buyers and Vendors can connect, we are not involved with the shipment of Products purchased on our website. Each Vendor will state the timeframe for delivery on the Product page or on the Vendor's store policies in their profile. Before adding an item to your shopping bag, please check that you are in agreement with their policy.
12.2 Unfortunately, our Sellers do not deliver to addresses outside the UK. You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
13. Cancellation Refunds and Returns
13.1 You can return, but not exchange, any unworn, undamaged Product (other than a Bespoke Product) for a refund within 15 days of receiving your original order.
13.2 With respect to a Bespoke Product you may only receive a refund on a Bespoke Product where the item is not as described on the website, or where the craftsmanship is not of the expected standard (the decision of The Glass Pineapple on Bespoke Product description and craftsmanship shall be final). No other returns will be accepted on a Bespoke Product and refunds will not be made on any other basis.
13.3 You can return a Product, or a Bespoke Product that meets the criteria in 13.2, by first notifying The Glass Pineapple on email@example.com and then sending the Product to the Vendor’s address within 15 days of receiving your original order, with the original packaging. A refund will not be issued unless the Product or Bespoke Product is returned unworn, undamaged, with its original packaging and within 15 days of receiving your original order.
13.4 You will receive a refund at the price you purchased the Product or Bespoke Product at. This includes sale items.
13.5 If you wish to return underwear or swimwear, please do not remove the original wrapping for hygiene reasons.
13.6 All Products and Bespoke Products will be inspected on return.
13.7 The Products and Bespoke Products will be your responsibility until they reach the Vendor’s address.
13.8 The Vendor is not responsible for any items returned by mistake.
13.9 We recommend you obtain proof of postage.
13.10 Please send all returned Products to the Vendor’s address, which is available on their profile.
13.11 If you wish to cancel a transaction, please contact the Vendor within 2 business days of placing the order via email and if the Vendor agrees, we will be happy to issue the refund.
14. Contact Details
The Glass Pineapple Limited
Attn: Customer Service