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Pugata was founded by a love of luxury and developed by a small team of jewellery enthusiasts. It has grown to embody the perfect mix of eclectic and modern design, classic heirlooms and outstanding craftsmanship.

Contact

Pugata Ltd

Suite 54

Batley Business Park
Batley WF17 6ER

Telephone: +44 (0) 1924 475 821

Email: enquiries@pugata.com

Contact form

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© 2019 by Pugata Jewellery. All Rights Reserved.

 

Terms and Conditions for the supply of Goods from Pugata Limited

  1. Definitions and interpretation

    1. In these Conditions the following definitions apply:

      Business Daymeans a day other than a Saturday, Sunday or bank or public holiday when banks generally are open for non-automated business in the United Kingdom;

      Conditionsmeans the terms and conditions of sale set out in this document;

      Confidential Informationmeans any commercial, financial or technical information, information relating to the Goods, plans, know-how or trade secrets which is obviously confidential or has been identified as such, or which is developed by a party in performing its obligations under, or otherwise pursuant to the Contract;

      Contractmeans the agreement between Pugata and the Customer for the sale and purchase of Goods incorporating these Conditions and the Order;

      Controlmeans the beneficial ownership of more than 50% of the issued share capital of a company or the legal power to direct or cause the direction of the management of the company;

      Customermeans the person who purchases the Goods from Pugata and whose details are set out in the Order;

      Deliverymeans delivery of the Goods to the Location pursuant to clause Delivery;

      Depositmeans 50% of the Price;

      Force Majeuremeans an event or sequence of events beyond a party's reasonable control (after exercise of reasonable care to put in place robust back-up and disaster recovery arrangements) preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, earthquake or other natural disaster; war, riot or civil unrest; interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service; or material required for performance of the Contract; strike, lockout or boycott or other industrial action including strikes or other industrial disputes involving Pugata’s or its suppliers workforce, but excluding the Customer’s inability to pay or circumstances resulting in the Customer’s inability to pay;

      Goodsmeans the goods and other physical material set out in the Order or understood by the parties to be included in the Goods and to be supplied by Pugata to the Customer;

      Intellectual Property Rightsmeans copyright, patents, know-how, trade secrets, trade marks, trade names, design rights, rights in get-up, rights in goodwill, rights in confidential information, rights to sue for passing off, domain names and all similar rights and, in each case:
      a. whether registered or not
      b. including any applications to protect or register such rights
      c. including all renewals and extensions of such rights or applications
      d. whether vested, contingent or future
      e. to which the relevant party is or may be entitled, and
      f. in whichever part of the world existing

      Locationmeans the address(es) for delivery of the Goods as set out in the Order;

      Ordermeans an order for the Goods from Pugata placed by the Customer in substantially the same form set out in Pugata’s sales order form;

      Pricehas the meaning given in clause Error: Reference source not found;

      Pugatameans Pugata Limited (company registration number: 09834427) whose registered office address is at Suit 54 Batley Business & Technology Centre, Batley, WF17 6ER;

      Specificationmeans the description, any samples, or specification of the Goods and their packaging set out or referred to in the Order;

      VATmeans value added tax under the Value Added Taxes Act 1994 or any other similar sale or fiscal tax applying to the sale of the Goods; and

      Warranty Periodhas the meaning given in clause Pugata warrants that the Goods shall, for a period of three months from Delivery (“Warranty Period”):.

    2. In these Conditions, unless the context requires otherwise:

      1. any clause, schedule or other headings in these Conditions is included for convenience only and shall have no effect on the interpretation of the Conditions;

      2. a reference to a ‘party’ includes that party’s personal representatives, successors and permitted assigns;

      3. a reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns;

      4. a reference to a ’company’ includes any company, corporation or other body corporate, wherever and however incorporated or established;

      5. a reference to a gender includes each other gender;

      6. words in the singular include the plural and vice versa;

      7. any words that follow 'include', 'includes', 'including', ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;

      8. a reference to ‘writing’ or ‘written’ includes any method of reproducing words in a legible and non-transitory form (excluding email);

      9. a reference to legislation is a reference to that legislation as amended, extended, re-enacted or consolidated from time to time; and

      10. a reference to legislation includes all subordinate legislation made from time to time under that legislation.

  2. Formation of a Contract

    1. These Conditions apply to and form part of the Contract between Pugata and the Customer. They supersede any previously issued terms and conditions of purchase or supply.

    2. No terms or conditions endorsed on, delivered with, or contained in the Customer's purchase conditions, order, confirmation of order, specification or other document shall form part of the Contract except to the extent that Pugata otherwise agrees in writing.

    3. No variation of these Conditions or to an Order or to the Contract shall be binding unless expressly agreed in writing and executed by a duly authorised signatory on behalf of Pugata.

    4. Each Order by the Customer to Pugata shall be an offer to purchase Goods subject to these Conditions.

    5. An Order may be withdrawn or amended by the Customer at any time before acceptance by Pugata. If Pugata is unable to accept an Order, it shall notify the Customer as soon as reasonably practicable.

    6. The offer constituted by an Order shall remain in effect and capable of being accepted by Pugata unless or until withdrawn by the Customer by giving notice in writing to Pugata.

    7. Pugata may accept or reject an Order at its discretion. An Order shall not be accepted, and no binding obligation to supply any Goods shall arise, until the earlier of:

      1. Pugata’s written acceptance of the Order; or

      2. Pugata dispatching the Goods or notifying the Customer that they are available for collection (as the case may be).

    8. Rejection by Pugata of an Order, including any communication that may accompany such rejection, shall not constitute a counter-offer capable of acceptance by the Customer.

    9. Pugata may issue quotations to the Customer from time to time. Quotations are invitations to treat only. They are not an offer to supply Goods and are incapable of being accepted by the Customer.

    10. Marketing and other promotional material relating to the Goods are illustrative only and do not form part of the Contract.

  3. Price

    1. The price for the Goods shall be as set out in the Order or, in default of such provision, shall be calculated in accordance with Pugata's scale of charges in force from time to time (“Price”).

    2. The Prices are exclusive of:

      1. packaging, delivery, and insurance which shall be charged in addition at Pugata’s standard rates, and

      2. VAT (or equivalent sales tax).

    3. The Customer shall pay any applicable VAT to Pugata on receipt of a valid VAT invoice.

    4. Pugata may increase the Prices at any time by giving the Customer not less than 15 Business Days’ notice in writing provided that the increase does not exceed 5% of the Prices in effect immediately prior to the increase.

    5. Notwithstanding clause Error: Reference source not found, Pugata may increase the Prices with immediate effect by written notice to the Customer where there is an increase in the direct cost to Pugata of supplying the relevant Goods which exceeds 10% and which is due to any factor beyond the control of Pugata.

  4. Payment

    1. Pugata shall invoice the Customer for the Deposit on acceptance of the Order and for the avoidance of doubt Pugata shall not begin to manufacture the Goods or fulfil the Order until payment of the Deposit has been received in full and in cleared funds.

    2. Pugata shall invoice the Customer for the balance of the Price payable for the Goods at any time after Delivery.

    3. The Customer shall pay all invoices:

      1. in full without deduction or set-off, in cleared funds within 30 days of the date of each invoice; and

      2. to the bank account nominated by Pugata.

    4. Time of payment is of the essence. Where sums due under these Conditions are not paid in full by the due date:

      1. Pugata may, without limiting its other rights, charge interest on such sums at 4% a year above the base rate of Barclays Bank Plc from time to time in force; and

      2. interest shall accrue on a daily basis, and apply from the due date for payment until actual payment in full, whether before or after judgment.

  5. Credit limit
    Pugata may set and vary credit limits from time to time and withhold all further supplies if the Customer exceeds such credit limit.

  6. Delivery

    1. The Goods shall be delivered by Pugata, or by a carrier appointed by Pugata, to the Location on the date(s) specified in the Order.

    2. The Goods shall be deemed delivered:

      1. if delivered by Pugata under clause The Goods shall be delivered by Pugata, or by a carrier appointed by Pugata, to the Location on the date(s) specified in the Order., on completion of unloading of the Goods at the Location; or

      2. if delivered by a carrier under clause The Goods shall be delivered by Pugata, or by a carrier appointed by Pugata, to the Location on the date(s) specified in the Order., on delivery of the Goods by Pugata to the carrier.

    3. The Customer shall not be entitled to reject any delivery of Goods on the basis that an incorrect volume of Goods has been supplied provided the volumes are within a 5% tolerance of the amount set out in the Order.

    4. The Goods may be delivered by instalments. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

    5. Delivery of the Goods shall be accompanied by a delivery note stating:

      1. the date of the Order;

      2. the product numbers, type and quantity of Goods in the consignment; and

      3. any special handling instructions.

    6. Time of delivery is not of the essence. Pugata shall use its reasonable endeavours to meet delivery dates but such dates are approximate only.

    7. Pugata shall not be liable for any delay in or failure of delivery caused by:

      1. the Customer's failure to:

        1. make the Location available;

        2. provide Pugata with adequate instructions for delivery; or

      2. Force Majeure.

    8. If the Customer fails to accept delivery of the Goods Pugata shall store and insure the Goods pending delivery, and the Customer shall pay reasonable storage and insurance charges.

    9. If ten Business Days following the due date for delivery of the Goods, the Customer has not taken delivery of or collected them, Pugata may resell or otherwise dispose of the Goods. Pugata shall:

      1. deduct reasonable storage charges and costs of resale; and

      2. account to the Customer for any excess of the resale price over, or invoice the Customer for any shortfall of the resale price below, the Price paid by the Customer for the Goods.

  7. Risk
    Risk in the Goods shall pass to the Customer on Delivery.

  8. Title

    1. Title to the Goods shall pass to the Customer once Pugata has received payment in full and cleared funds for the Goods.

    2. Until title to the Goods has passed to the Customer, the Customer shall:

      1. hold the Goods as bailee for Pugata;

      2. store the Goods separately from all other material in the Customer's possession;

      3. take all reasonable care of the Goods and keep them in the condition in which they were delivered;

      4. insure the Goods from the date of Delivery: (i) with a reputable insurer (ii) against all risks (iii) for an amount at least equal to their Price (iv) noting Pugata's interest on the policy;

      5. ensure that the Goods are clearly identifiable as belonging to Pugata;

      6. not remove or alter any mark on or packaging of the Goods;

      7. inform Pugata immediately if it becomes subject to any of the events or circumstances set out in clauses Error: Reference source not found to Error: Reference source not found or Error: Reference source not found to Error: Reference source not found; and

      8. on reasonable notice permit Pugata to inspect the Goods during the Customer’s normal business hours and provide Pugata with such information concerning the Goods as Pugata may request from time to time.

    3. Notwithstanding clause 8.2, the Customer may use or resell the Goods in the ordinary course of its business until such time as it becomes aware or ought reasonably to have become aware that an event specified in clauses 15.2.1 TO 15.2.11, has occurred or is likely to occur.

    4. If the Customer resells the Goods in accordance with clause Error: Reference source not found, title to the Goods shall pass to the Customer immediately prior to the resale.

    5. If, at any time before title to the Goods has passed to the Customer, the Customer informs Pugata, or Pugata reasonably believes, that the Customer has or is likely to become subject to any of the events specified in clauses 15.2.1 TO 15.2.11, Pugata may:

      1. require the Customer at the Customer's expense to return the Goods to Pugata; and

      2. if the Customer fails to do so promptly, enter any premises where the Goods are stored and repossess them.

  9. Warranty

    1. Pugata warrants that the Goods shall, for a period of three months from Delivery (“Warranty Period”):

      1. conform in all material respects to the Order and Specification;

      2. be free from material defects in design, material and workmanship; and

      3. be of satisfactory quality within the meaning of the Sale of Goods Act 1979.

    2. Pugata shall, at its option, repair, replace, or refund the Price of, any Goods that do not comply with clause 9.1, provided that the Customer:

      1. serves a written notice on Pugata:

        1. during the Warranty Period in the case of defects discoverable by a physical inspection; or

        2. in the case of latent defects, within ten Business Days from the date on which Customer became aware (or should reasonably have become aware) of the defect;

      2. provides Pugata with sufficient information as to the nature and extent of the defects and the uses to which the Goods had been put prior to the defect arising;

      3. gives Pugata a reasonable opportunity to examine the defective Goods; and

      4. returns the defective Goods to Pugata at the Customer's expense.

    3. The provisions of these Conditions, including the warranties set out in clause 9.1, shall apply to any Goods that are repaired or replaced with effect from Delivery of the repaired or replaced Goods.

    4. Pugata shall not be liable for any failure of the Goods to comply with clause 9.1:

      1. where such failure arises by reason of wear and tear, wilful damage, negligence, or could be expected to arise in the normal course of use of the Goods;

      2. to the extent caused by the Customer's failure to comply with Pugata's instructions in relation to the Goods, including any instructions on care and cleaning;

      3. to the extent caused by Pugata following any specification or requirement of the Customer in relation to the Goods;

      4. where the Customer modifies any Goods without Pugata's prior written consent or, having received such consent, not in accordance with Pugata’s instructions; or

      5. where the Customer uses any of the Goods after notifying Pugata that they do not comply with clause Error: Reference source not found.

    5. Except as set out in this clause Error: Reference source not found:

      1. Pugata gives no warranties and makes no representations in relation to the Goods; and

      2. shall have no liability for their failure to comply with the warranty in clause Error: Reference source not found, and all warranties and conditions (including the conditions implied by ss 13–15 of the Sale of Goods Act 1979), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.

  10. Indemnity and insurance

    1. The Customer shall indemnify Pugata from and against any losses, damages, liability, costs (including legal fees) and expenses which Pugata may suffer or incur directly or indirectly from the Customer’s breach of any of its obligations under the Contract.

    2. The Customer shall have in place contracts of insurance with reputable insurers incorporated in the United Kingdom to cover its obligations under the Contract. On request, the Customer shall supply so far as is reasonable evidence of the maintenance of the insurance and all of its terms from time to time applicable.

  11. Limitation of liability

    1. The extent of the parties’ liability under or in connection with the Contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 11.

    2. Subject to clauses 11.5 and 11.6, Pugata’s total liability shall not exceed the Price received by Pugata from the Customer in respect of the relevant Goods.

    3. Subject to clauses 11.5 and 11.6, Pugata shall not be liable for consequential, indirect or special losses.

    4. Subject to clauses 11.5 and 11.6, Pugata shall not be liable for any of the following (whether direct or indirect):

      1. loss of profit;

      2. loss of data;

      3. loss of use;

      4. loss of production;

      5. loss of contract;

      6. loss of opportunity;

      7. loss of savings, discount or rebate (whether actual or anticipated);

      8. harm to reputation or loss of goodwill.

    5. The limitations of liability set out in clauses 11.2 to 11.4 shall not apply in respect of any indemnities given by either party under the Contract.

    6. Notwithstanding any other provision of the Contract, the liability of the parties shall not be limited in any way in respect of the following:

      1. death or personal injury caused by negligence;

      2. fraud or fraudulent misrepresentation; or

      3. any other losses which cannot be excluded or limited by applicable law.

  12. Intellectual Property

    1. Intellectual Property Rights in connection with the Goods will remain the Pugata’s (or its licensor's) property and nothing in these Conditions is intended to pass ownership of such rights to the Customer.

    2. Except as necessary to permit the Customer to possess and make use of the Goods, nothing in these Conditions grants the Customer a licence in relation to Intellectual Property Rights in connection with the Goods.

    3. Pugata shall indemnify the Customer from and against any losses, damages, liability, costs and expenses (including reasonable professional fees) incurred by it as a result of any action, demand or claim that use or possession of the Goods infringes the Intellectual Property Rights of any third party (“IPR Claim”), provided that Pugata shall have no such liability if the Customer:

      1. does not notify Pugata in writing setting out full details of any IPR Claim of which it has notice as soon as is reasonably possible;

      2. makes any admission of liability or agrees any settlement or compromise of the relevant IPR Claim without the prior written consent of Pugata;

      3. does not let Pugata at its request and own expense have the conduct of or settle all negotiations and litigation arising from the IPR Claim at its sole discretion;

      4. does not take all reasonable steps to minimise the losses that may be incurred by it or by any third party as a result of the IPR Claim;

      5. does not, at Pugata’s request, provide Pugata with all reasonable assistance in relation to the IPR Claim (at the Customer’s expense) including the provision of prompt access to any relevant premises, officers, employees, contractors or agents of the Customer.

    4. If any IPR Claim is made or is reasonably likely to be made, Pugata may at its option:

      1. procure for the Customer the right to continue using and possessing the relevant Goods; or

      2. modify or replace the infringing part of the Goods so as to avoid the infringement or alleged infringement, provided the Goods remain in material conformance to their Specification.

    5. Pugata‘s obligations under clause 12.3 shall not apply to Goods modified by the Customer. The Customer shall indemnify Pugata against all losses, damages, liability, costs and expenses (including reasonable legal fees) incurred by Pugata in connection with any claim arising from such modification.

  13. Confidentiality and Announcements

    1. The Customer shall keep confidential all Confidential Information of Pugata and shall only use the same as required to perform the Contract. The provisions of this clause shall not apply to:

      1. any information which was in the public domain at the date of the Contract;

      2. any information which comes into the public domain subsequently other than as a consequence of any breach of the Contract or any related agreement;

      3. any information which is independently developed by the Customer without using information supplied by Pugata; or

      4. any disclosure required by law or a regulatory authority or otherwise by the provisions of the Contract.

    2. This clause 13 shall remain in force in perpetuity.

    3. The Customer shall not make any public announcement or disclose any information regarding the Contract, except to the extent required by law or regulatory authority.

  14. Force Majeure

    1. A party shall not be liable if delayed in or prevented from performing its obligations due to Force Majeure, provided that it:

      1. promptly notifies the other of the Force Majeure event and its expected duration; and

      2. uses best endeavours to minimise the effects of that event.

    2. If, due to Force Majeure, a party:

      1. is or shall be unable to perform a material obligation; or

      2. is delayed in or prevented from performing its obligations for a continuous period exceeding 30 days, the other party may, within 30 days, terminate the Contract on immediate notice.

  15. Termination

    1. Pugata may terminate the Contract or any other contract which it has with the Customer at any time by giving notice in writing to the Customer if:

      1. the Customer commits a material breach of the Contract and such breach is not remediable;

      2. the Customer commits a material breach of the Contract which is not remedied within 14 days of receiving written notice of such breach;

      3. the Customer has failed to pay any amount due under the Contract on the due date and such amount remains unpaid within 30 days after Pugata has given notification that the payment is overdue; or

      4. any consent, licence or authorisation held by the Customer is revoked or modified such that the Customer is no longer able to comply with its obligations under the Contract or receive any benefit to which it is entitled.

    2. Pugata may terminate the Contract at any time by giving notice in writing to the Customer if the Customer:

      1. stops carrying on all or a significant part of its business, or indicates in any way that it intends to do so;

      2. is unable to pay its debts either within the meaning of section 123 of the Insolvency Act 1986 or if Pugata reasonably believes that to be the case;

      3. becomes the subject of a company voluntary arrangement under the Insolvency Act 1986;

      4. has a receiver, manager, administrator or administrative receiver appointed over all or any part of its undertaking, assets or income;

      5. has a resolution passed for its winding up;

      6. has a petition presented to any court for its winding up or an application is made for an administration order, or any winding-up or administration order is made against it;

      7. is subject to any procedure for the taking control of its goods that is not withdrawn or discharged within seven days of that procedure being commenced;

      8. has a freezing order made against it;

      9. is subject to any recovery or attempted recovery of items supplied to it by a supplier retaining title to those items;

      10. is subject to any events or circumstances analogous to those in clauses 15.2.1 to 15.2.9 in any jurisdiction;

      11. takes any steps in anticipation of, or has no realistic prospect of avoiding, any of the events or procedures described in clauses 15.2.1 to 15.2.10 including giving notice for the convening of any meeting of creditors, issuing an application at court or filing any notice at court, receiving any demand for repayment of lending facilities, or passing any board resolution authorising any steps to be taken to enter into an insolvency process.

    3. Pugata may terminate the Contract any time by giving not less than two weeks’ notice in writing to the Customer if the Customer undergoes a change of Control.

    4. If the Customer becomes aware that any event has occurred, or circumstances exist, which may entitle Pugata to terminate the Contract under this clause 15, it shall immediately notify Pugata in writing.

    5. Termination or expiry of the Contract shall not affect any accrued rights and liabilities of Pugata at any time up to the date of termination.

  16. Notices

    1. Any notice or other communication given by a party under these Conditions shall:

      1. be in writing and in English;

      2. be signed by, or on behalf of, the party giving it; and

      3. be sent to the relevant party at the address set out in the Contract.

    2. Notices may be given, and are deemed received:

      1. by hand: on receipt of a signature at the time of delivery;

      2. by post: at 9.00 am on the second Business Day after posting; and

      3. by airmail post: at 9.00 am on the fifth Business Day after posting.

    3. Any change to the contact details of a party as set out in the Contract shall be notified to the other party in accordance with clause 16.1 and shall be effective:

      1. on the date specified in the notice as being the date of such change; or

      2. if no date is so specified, five Business Days after the notice is deemed to be received.

    4. This clause 16 does not apply to notices given in legal proceedings or arbitration.

    5. A notice given under these Conditions is not validly served if sent by email.

  17. Cumulative Remedies
    The rights and remedies provided in the Contract for Pugata only are cumulative and not exclusive of any rights and remedies provided by law.

  18. Time
    Unless stated otherwise, time is of the essence of any date or period specified in the Contract in relation to the Customer’s obligations only.

  19. Further Assurance
    The Customer shall at the request of Pugata, and at the Customer’s own cost, do all acts and execute all documents which are necessary to give full effect to the Contract.

  20. Further Assurance
    The Customer shall at the request of Pugata, and at the Customer’s own cost, do all acts and execute all documents which are necessary to give full effect to the Contract.

  21. Entire Agreement

    1. The parties agree that the Contract and any documents entered into pursuant to it constitutes the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.

    2. Each party acknowledges that it has not entered into the Contract or any documents entered into pursuant to it in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in the Contract or any documents entered into pursuant to it. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in the Contract.

    3. Nothing in these Conditions purports to limit or exclude any liability for fraud.

  22. Variation
    No variation of the Contract shall be valid or effective unless it is in writing, refers to the Contract and is duly signed or executed by, or on behalf of, Pugata.

  23. Assignment
    The Customer may not assign, subcontract or encumber any right or obligation under the Contract, in whole or in part, without Pugata’s prior written consent, which it may withhold or delay at its absolute discretion.

  24. Set Off

    1. Pugata shall be entitled to set-off under the Contract any liability which it has or any sums which it owes to the Customer under the Contract or under any other contract which Pugata has with the Customer.

    2. The Customer shall pay all sums that it owes to Pugata under the Contract without any set-off, counterclaim, deduction or withholding of any kind, save as may be required by law.

  25. No Partnership or Agency
    The parties are independent persons and are not partners, principal and agent or employer and employee and the Contract does not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. None of the parties shall have, nor shall represent that they have, any authority to make any commitments on the other party's behalf.

  26. Severance

    1. If any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the Contract shall not be affected.

    2. If any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable. In the event of such deletion or modification, the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable alternative provision.

  27. Waiver

    1. No failure, delay or omission by Pugata in exercising any right, power or remedy provided by law or under the Contract shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.

    2. No single or partial exercise of any right, power or remedy provided by law or under the Contract by Pugata shall prevent any future exercise of it or the exercise of any other right, power or remedy by Pugata.

    3. A waiver of any term, provision, condition or breach of the Contract by Pugata shall only be effective if given in writing and signed by Pugata, and then only in the instance and for the purpose for which it is given.

  28. Compliance with the Law
    The Customer shall comply with all laws, enactments, regulations, regulatory policies, guidelines and industry codes applicable to it and shall maintain such authorisations and all other approvals, permits and authorities as are required from time to time to perform its obligations under or in connection with the Contract.

  29. Conflicts within Contract
    The Customer shall comply with all laws, enactments, regulations, regulatory policies, guidelines and industry codes applicable to it and shall maintain such authorisations and all other approvals, permits and authorities as are required from time to time to perform its obligations under or in connection with the Contract.

  30. Third Party Rights
    A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of the Contract.

  31. Governing Law
    A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of the Contract.

  32. Jurisdiction
    The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including non-contractual disputes or claims).

Ayesha Ziya perfume giveaway Terms & Conditions

1. Only one free gift per order, per person, per address for the duration of the offer / promotion (If you place more than one order with us in the period the free gift offer is running, you will only receive the gift on your first order), unless otherwise stated.

2. Transaction must be at least £1000 after any discounts have been applied to qualify for the free gift. 

3. Gift cannot be exchanged for monetary value. 

4. Offer valid whilst stocks last or until the promotion is withdrawn. 

5. Offer not valid in conjunction with any other offers or promotions. 

6. No alternatives are available.

7. Pugata Ltd reserves the right to alter, amend or foreclose this promotion without prior notice. 

8. If a customer wishes to return an order which qualified for a gift with purchase, the transaction can only be refunded if the gift with purchase item is also returned.  If part of a qualifying transaction is returned, which leaves the remaining transaction value at £1000 or greater, the gift can be retained by the customer.

 

 

 

@Pugatajewellery Instagram competition terms & conditions

 

1. To participate in this competition, users must 1) ‘like’ the relevant Instagram post, 2) tag a friend and 3) follow @pugatajewellery

 

2. This competition will run until 23:59 UTC on Saturday 30th November 2019.

 

3. There will be one winner who will be selected at random, who has fulfilled the criteria in 1) above. Entries made after this point will not be counted.

 

4. The contest is open to residents of the United Kingdom (England, Scotland, Wales and Northern Ireland) except employees of Pugata Ltd and their close relatives and anyone otherwise connected with the organisation.

 

5. All participants must be aged 16 or over.

 

6. The prize consists of a £1500.00 credit to go towards any new jewellery supplied by Pugata Ltd.

 

7. The winner will be announced within 7 days of the competition cut off date.

 

8. If you are the lucky winner, you will need to provide your name, email address, contact phone number and home address. Further details will be provided by Pugata Ltd as to how you claim your prize after the winner is selected.

 

9. Only one entry per person will be accepted. In the event of multiple entries being received from the same Instagram account, the first entry only will be accepted.

 

10. There is no entry fee and no purchase is necessary to enter this competition.

 

11. We reserve the right to exclude any entries which we believe to be inappropriate, fraudulent or based on misconduct.

 

12. The prize is non-transferable, non-refundable and cannot be exchanged for any cash alternatives in whole or in part.

 

13. The winner will have 72 hours to contact us from the date that they are announced as a winner. After this time we reserve the right to select a new winner.

 

14. The decisions of the promoter are final and no correspondence will be entered into.

 

15. By taking part in this promotion, all participants consent to us collecting, storing and using their personal data submitted with their entry for the purposes of this promotion.

 

16. Any personal data relating to participants will be used solely in accordance with current UK data protection legislation and will not be used for marketing purposes without the individual's prior consent.

 

17. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. You are providing your information to Pugata Ltd and not to Instagram.

 

18. The promoter does not accept responsibility for entries that are lost, damaged or delayed.

 

19. Winners may be required to participate in related publicity without further reward. e.g. be photographed for a website/newspaper stories, provide a short statement about their win.

 

20. The promoter reserves the right to withdraw or amend without notice this promotion in the event of any unforeseen circumstances outside of its reasonable control.

 

21. This promotion and these terms and conditions are governed by English law and subject to the exclusive jurisdiction of the English courts.

 

22. This promotion is subject to Instagram’s terms of services which can be found at: https://instagram.com/about/legal/terms/

 

23. By entering the competition each entrant agrees to be bound by these terms and conditions.

 

 

The Promoter is Pugata Ltd, Suite 54 Annexe 3 Batley Business Park Batley. WF17 6ER