The Art of Memories - Unique as The Places, Unique as the People

TERMS AND CONDITIONS

Welcome, and thank you for your interest in Peaches & Mint e.U. (“Peaches & Mint,” “we,” or “us”) and our website www.peachesandmint.com, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms and Conditions are a legally binding contract between you and Peaches & Mint e.U. regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

Please read the Peaches & Mint Privacy Policy (https://peachesandmint.com/privacy) carefully for information relating to our collection, use, storage, disclosure of your personal information. The Peaches & Mint Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

All text, graphics, photographs, logos, trademarks, artwork, sounds, music, user interfaces, visual interfaces and computer code (the "content") belongs to Peaches & Mint (or is licensed to Peaches & Mint). This content includes, but is not limited to, the design, structure, selection, coordination and expression. The content is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this content in any way without Peaches & Mint's prior written permission.

You agree that any information you submit to the website including personal information shall not be misleading and shall be true and accurate in all respects. If you submit to the website any communication, idea or materials which may attract copyright or other intellectual property rights you agree that this shall become Peaches & Mint's property and you agree that anything you submit shall not infringe any right of any third party, nor contain anything libellous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make on the website and we reserve the right to remove any material you have placed on the website or to deny you access to the website at any time in our sole discretion.

1. PRODUCT DESCRIPTIONS ON OUR WEBSITE

We will take all reasonable care to ensure that all product descriptions are correct at the time when the relevant information was first entered onto the website. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our products. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a product's images are an accurate representation of the actual merchandise. Please refer to our returns policy if you are unhappy with your order.

2. PRODUCT AVAILABILITY

The website features products that have been carefully selected for sale on the website. Products are subject to availability so once a product has sold out it will be taken off the website at the earliest opportunity and may not be available again. As there is a delay between the time when your order is placed, and the time when the order is accepted, the stock position relating to a particular product may change. If a product you have ordered becomes out of stock before we accept your order, then Peaches & Mint shall not be liable to you for being unable to provide that product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out of stock product.

3. PRICING POLICY

3.1 Product prices shown on the website are in Euros and are inclusive of Value Added Tax (VAT) and are correct at the time that the product description was first entered on to the website. Product prices shown on the website (irrespective of which currency you choose to pay in) may change from time to time, for example, if the applicable currency exchange rate changes before your order is accepted or the product you are ordering is subject to a promotional discount or offer which is either applied or withdrawn during the selling period. Please also be aware that the price of a product may change at checkout if it is subject to any taxes, duties, fees, levies or delivery charges applied in the country you have selected for delivery of your order (as described in more detail in clauses 7 and 10 below).

3.2 Although we try to ensure all our products' prices displayed in the product description are accurate, errors may sometimes occur. If we discover an error in the price of a product you have ordered we will be unable to accept your order and shall contact you as soon as possible in order to give the option of either reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced product as cancelled.

4. AGE RESTRICTIONS

You must be at least [18] years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least [18] years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Service on such entity’s behalf.

5. ORDER PROCESS

5.1 Peaches & Mint takes all reasonable care, in so far as possible, to keep the details of your order and payment secure, but in the absence of negligence on our part we will not be liable for any loss you may suffer if a third party procures unauthorised access to any personal information you provide when accessing or placing an order on the website. For more information on how we use and protect your personal information, please refer to our privacy & cookie policy.

5.2 The technical steps to place your order and create a contract of sale between you and Peaches & Mint are, as follows:

A) You place an order on the website by pressing the ‚buy now’ button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the website.

B) We will send you an email confirming your order which will detail the product(s) (including their product descriptions) that you have ordered. This email does not constitute an acceptance of your order by us.

C) Subject to us having accepted your order, we will then arrange for delivery of it to you at your nominated address or make it available for collection on the date and time nominated by you.

5.3 The contract between you and Peaches & Mint will be concluded in English and subject to the laws of Austrian and the jurisdiction of the Austria courts. The contract will complete and title in the product(s) of your order (and so risk of loss or damage to such) will pass to you on the later of:

A) The date on which we receive payment in full for the product(s); or

B) The date and time of collection of it from a delivery by us to your nominated address.

5.4 We shall be entitled to supply products ordered as part of one order in instalments and each instalment shall be deemed to constitute a separate contract between you and us. This may mean that products are dispatched or available for collection separately. We also reserve the right to supply only part of an order.

5.5 Non-acceptance of your order (or parts of your order) may be due to any one or more of the following non-exhaustive reasons:

A) A product you ordered is out of stock;

B) We are unable to obtain authorisation for your payment;

C) We have identified an error with a product description;

D) You are not eligible to order a product, as set out in clause 4 above;

E) There is a system or procurement failure;

F) You fail our customer validation checks; or

G) There are restrictions (legal or otherwise) or practices in relation to a product which prevent us from being able to sell or deliver it to you.

6. PAYMENT AND PAYMENT METHODS ON THE WEBSITE

6.1 You can currently pay in Euros.

6.2 We accept payment for orders by Stripe or PayPal.

6.4 By placing your order and making an offer to buy a product, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity; to validate your credit card; to obtain an initial credit card authorisation; to protect you and us from fraud; and to enable us to arrange delivery of your order to your nominated delivery address.

7. VAT AND NON-EU CUSTOMS

7.1 All product prices shown on the website are inclusive of any applicable Austrian VAT.

7.2 Where you have requested delivery of your order to an EU country, the total cost of your order will include Austrian VAT.

7.3 Where you have requested delivery of your order to a non-EU country, the total cost of your order will not include VAT. However, it will include any taxes, duties, fees, levies or other charges levied by that non-EU country, which will be added to your order at checkout and paid on your behalf by Peaches & Mint to the relevant local customs authorities.

7.4 Before placing an order, it is your responsibility to check that the products you are planning to import comply with state and federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your order. If any customs requirements apply or charges are due, you agree to be responsible for these.

8. DELIVERY

8.1 You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your order is going to, but also the name of its recipient. We cannot be liable for the delivery of your order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.

8.2 All parcels will be delivered by us and will require a signature on delivery.

8.3 Please note that delivery of your order may take longer during sale or other busy periods, but you will be notified if this is the case.

8.4 You will be held responsible for the shipping cost in case you provide us with a incorrect delivery address;

9. CANCELLATION BEFORE DISPATCH OR NOTIFICATION OF COLLECTION

9.1 If, for any reason, you wish to cancel your contract before your order has been dispatched or you have been notified that it is available for collection, then you need to let us know. In order to do so, you can let us know by emailing or telephoning Peaches & Mint's customer services team by email info@peachesandmint.com or by calling +43 6646211622. Once we have received notification from you of your wish to cancel your contract, subject to any monies having been taken from you, we will refund you the original purchase price and delivery charge for your order within thirty (30) days. For more information, please see our refunds policy below. All cancellations must be made prior to dispatch.

9.2 As it is our policy to try to process your order immediately it may not always be possible to stop an order from being dispatched or made available for collection. If you decide to cancel your contract and your order has already been despatched or you have been notified that it is ready for collection, then you need to let us know within fifteen (15) days after the day on which you receive or collect your order. You can notify us by using any one of the options identified in clause 9.1 Above. Once we have received notification from you of your wish to cancel your contract, you then have a further fifteen (15) days to return your order to us.

10. RETURNS POLICY

10.1 Products must be returned in a saleable condition meaning that they must be unused and in their original packaging with garment tags and any other security devices or seals still attached and intact. We reserve the right to consider the condition of any product that you wish to return and make any deductions if there are indications that the product, its tags, security devices or seals have been used, removed, broken or tampered with.

10.2 Please note that your right to cancel or return a product does not apply to personalised, perishable or time critical products. The following list provides a non-exhaustive list of the types of products you cannot cancel or return:

A) Products which have been made to measure, altered, or personalised to your specification;

B) Newspapers, periodicals or magazines (with the exception of a subscription contract for such publications);

C) Event tickets;

D) Perishable goods, such as flowers. Should you have any issues with an order for flowers, please see below for more information;

10.3 Where jewelry are protected by hygiene seals, you are required to take reasonable care by not removing the hygiene seals. Refunds will not be provided if the hygiene seals have been removed, broken or tampered with.

10.4 Please note that clauses 10.2 And 10.3 do not apply to faulty or incorrectly supplied products where your statutory rights are unaffected.

10.5 If your order was delivered to you and now you wish to return it then please send it back in perfect condition and within 30 days. Please pack your items in a way, which prevent damage. We will charge you for any damages regardless of the reason. Damages are any kind of changes on the product which deviate from the perfect item from the factory.