Terms of service

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply products to you, and on which we operate our loyalty points scheme.

1.2 Why you should read them. Please read these terms carefully before you submit your order to 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, how our loyalty points scheme works, and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

2.1 Who we are. We are Dark Matter Brands Limited, a company registered in England and Wales. Our company registration number is 09671865, and our registered office address is at Balfour House, Suite 206, 741 High Road, North Finchley, London, United Kingdom, N12 0BP. Our registered VAT number is 231 2606 50.

2.2 How to contact us. You can contact us by emailing us at notifications@missionpebble.com.

2.3 How we may contact you. 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.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this, and we will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 We accept orders from customers outside the UK but deliver only to certain countries. Our website may be used to make purchases from anywhere in the world, but we only accept payment in sterling (GBP).

4. Our products

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5. Providing the products

5.1 Delivery costs. The costs of delivery will be as displayed to you on our website.

5.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will deliver them to you as soon as reasonably possible, and in any event within 30 days after the day on which we accept your order. We aim to despatch orders on the same day they were received (if a business day) or on the following business day, depending on the time of day at which the order was placed, and the delivery date will depend on which shipping service you selected when you placed the order.

5.3  We are not responsible for delays outside our control. 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.

5.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the Royal Mail will leave you a note informing you of how to rearrange delivery, and it is your sole responsibility to arrange for re-delivery or collection direct with Royal Mail using the details given on the card.

5.5 What happens if the product does not arrive at all. In the unusual event that your product does not arrive at all, please let us know as soon as possible, and we will re-arrange delivery.

5.6 Your legal rights if we deliver goods late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:

(a)   we have refused to deliver the products;

(b)   delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c)   you told us  before we accepted your order that delivery within the delivery deadline was essential.

5.7 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 5.6, you can give us  a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

5.8 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 5.6 or clause 5.7, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery.  If the products have been delivered to you, you must post them back to us. We will pay the costs of postage. Please email us at notifications@missionpebble.com for a return label.

5.9 When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us.

5.10 When you own the products. You own a product once we have received payment in full.

5.11 What will happen if you do not give correct information to us. We may need certain information from you so that we can supply the products to you, for example, your choice of product size, SPF protection, or colour. If so, this will have been stated in the description of the products on our website, and you will be prompted to make your selection from the available choices when you place your order. If you give us incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the correct information.

5.12 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a)   deal with technical problems or make minor technical changes; or

(b)   update the product to reflect changes in relevant laws and regulatory requirements.

5.13 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days, and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

6. Your rights to end the contract

6.1 You can always end your contract with us.  Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, and when you decide to end the contract:

(a) If what you have bought is faulty or misdescribed, you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 8;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;

(c) If you have just changed your mind about the product, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.

6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below, the contract will end immediately, 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:

(a) 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;

(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;

(c) 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 30 days; or

(d) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 5.6).

6.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online, you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

6.4 When you don’t have the right to change your mind.  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.

6.5 How long do I have to change my mind?  You have 14 days after the day you (or someone you nominate) receives the goods, unless:

(a) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

(b) Your goods are for regular delivery over a set period.  In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.

7.  How to end the contract with us (including if you have changed your mind)

7.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a) Send us an email. Email us at notifications@missionpebble.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b) By post. Print off the form [To be found at the end of these terms] and post it to us at the address on the form.  Or simply write to us at Mission Pebble, Balfour House, Suite 206, 741 High Road, North Finchley, London, United Kingdom, N12 0BP, including details of what you bought, when you ordered or received it, and your name and address.

7.2 Returning products after ending the contract. If you 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 them back to us at Mission Pebble, Balfour House, Suite 206, 741 High Road, North Finchley, London, United Kingdom, N12 0BP. Please email us at notifications@missionpebble.com for a return label. If you are exercising your right to change your mind, you must send off the goods within 14 days of telling us you wish to end the contract.

7.3 When we will pay the costs of return. We will pay the costs of return:

(a) if the products are faulty or misdescribed; or

(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

7.4 How we will refund you.  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.

7.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

(a) 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. See our Shipping and Returns page for information about what handling is acceptable and examples. 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.

(b) 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 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

7.6 When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then:

(a) 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. For information about how to return a product to us, see clause 9.2.

(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

8. If there is a problem with the product

8.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can email us at notifications@missionpebble.com, or write to us at Mission Pebble, Balfour House, Suite 206, 741 High Road, North Finchley, London, United Kingdom, N12 0BP.

8.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rightsThis is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.  See also clause 6.3.

8.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us at Mission Pebble, Balfour House, Suite 206, 741 High Road, North Finchley, London, United Kingdom, N12 0BP. We will pay the costs of postage. Please email us at notifications@missionpebble.com for a return label.

9. Price and payment

9.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 9.2 for what happens if we discover an error in the price of the product you order.

9.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally 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. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept 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 of any goods provided to you.

9.3 When you must pay and how you must pay. We accept payment with Visa, MasterCard, American Express and PayPal. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

10  Our responsibility for loss or damage suffered by you

10.1 We are responsible to you for foreseeable loss and damage caused by us. 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.

10.2  We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 8.2; and for defective products under the Consumer Protection Act 1987.

10.3 We are not liable for business losses. 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 have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11. How we may use your personal information

We will only use your personal information as set out in our privacy policy.

12. Other important terms

12.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

12.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

12.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

12.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

12.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

12.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products only in the English courts, unless you live in Scotland or Northern Ireland. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Schedule 1 - Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To Dark Matter Brands Limited of Mission Pebble, Balfour House, Suite 206, 741 High Road, North Finchley, London, United Kingdom, N12 0BP, notifications@missionpebble.com

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods,

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate