Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which We sell any of the products (Products) listed on our website
Please read these terms carefully and make sure that you understand them before ordering any products from our site. By ordering products by Perky Pear® The customer agrees to these terms and other documents expressly referred to in them. The customer has an obligation to read all information provided before ticking the box stating “I have read and accept the Terms & Conditions of Sale” Failure to read and acknowledge any information before accepting the terms at the checkout and before applying the tape is not the companies responsibility.
Accepting these terms and conditions at the checkout holds the customer liable to read all of the information provided to you including safety disclaimers. In circumstances where a user has experienced an injury as openly described in our safety disclaimer, Perky Pear® is not legally obliged to offer compensation where the user has accepted the terms and conditions which include all possible risks outlined in this document. Users must have also read the extra skin safety guide enclosed with the product in each pack before choosing to apply the tape. A disclaimer to read enclosed safety leaflet is also to the back of the product packaging underneath the application images. Our customers have an obligation to do this.
Neglecting any information provided online or as a hardcopy is at the customer’s indiscretion. By accepting this document the customer accepts that alike all other adhesive products applied to the skin, an injury may occur with use under certain circumstances. We cannot in 100% of users offer full guarantee of freedom of skin injury. Skin sensitivity differs greatly between users and certain circumstances increase skin irritation forming.
CONSUMER RIGHTS
PERKY PEAR® Ltd is a UK registered company (company number: 10117088 ) and complies with UK consumer law including the Consumer Contract Regulations (valid from 13 June 2014). Our Terms and Conditions do not affect your statutory rights. Consumer Contract Regulations give you the right to cancel an order and under consumer law, customers have a legal obligation to send back any goods that may already have been dispatched, up to 14 days from receipt. A refund or partial will be given when the items have been delivered back to Perky Pear. The goods should be returned in the original, unworn condition to PERKY PEAR® within 14 days of receiving the goods. Please see our returns page and returns policy to view your options.
Please note we now only use a tracked and signed for service for international orders. This service usually arrives within 10 working days (not including weekends). We can only process refunds for a lost parcel if your parcel has not arrived within 10 days after the timescale above. This is to allow for delays.
We are not responsible for any additional postage costs that may occur internationally. We only charge what it costs to post out from the UK to the selected country.
All despatch and operation times are stated clearly on our delivery information page. By accepting these terms you the customer also accept our shipping terms.
Perky Pear has the right to cancel any orders which contain errors through website glitches or programme errors
PRIVACY NOTICE
BACKGROUND:
Perky Pear Ltd understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all of our customers and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.
- Information About Us
PERKY PEAR LTD
Limited company registered in England under company number 10117088
The Company is VAT registered. VAT NO: 283 6343 86
Perky Pear Ltd, Building 67, Europa Business Park, Birdhall Lane, Stockport, SK3 0XA
- What Does This Notice Cover?
This Privacy Information explains how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.
- What is Personal Data?
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
The personal data that we use is set out in Part 5, below.
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What Are My Rights?
Under the GDPR, you have the following rights, which we will always work to uphold:
- The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 11.
- The right to access the personal data we hold about you. Part 10 will tell you how to do this.
- The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 11 to find out more.
- The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we Please contact us using the details in Part 11 to find out more.
- The right to restrict (i.e. prevent) the processing of your personal data.
- The right to object to us using your personal data for a particular purpose or purposes.
- The right to data portability. This means that, if you have provided personal data to us directly, we am using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
- Rights relating to automated decision-making and profiling. We do not use your personal data in this way.
- For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 11.
Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.
If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.
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What Personal Data Do You Collect?
We may collect some or all of the following personal data (this may vary according to your relationship with us):
- Name;
- Address;
- Email address;
- Telephone number;
- Business name;
- Payment information:
- Any Information that is necessary and relevant to providing our service to you.
- How Do You Use My Personal Data?
Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data may be used for one of the following purposes:
- Supplying our services to you. Your personal details are required in order for us to enter into a contract with you.
- Personalising and tailoring our services for you.
- Communicating with you. This may include responding to emails or calls from you.
- Supplying you with information regarding your service by email or post or telephone, that is relevant to you or your service.
With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email or by post with information, news, and offers on our services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.
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How Long Will You Keep My Personal Data?
We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will, therefore, be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):
- Your information will be stored securely throughout the term of your service.
- And for a reasonable amount of time, for the sole purpose of our own record keeping, after ending your service.
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How and Where Do You Store or Transfer My Personal Data?
We will only store or transfer your personal data in the UK. This means that it will be fully protected under the GDPR.
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Do You Share My Personal Data?
We will not share any of your personal data with any third parties for any purposes, subject to one important exception.
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
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How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.
All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 11.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.
We will aim to respond to your subject access request within and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.
Cookies
This site uses cookies – Small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping baskets, and provide anonymised tracking data to third party applications like Google Analytics. As a rule, cookies will make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for all modern browsers
Social Media – We have social media channels in which our customers can engage with. All our social media posts allow the general public to make a comment. Their name is then visible on our social media channels and the information on their profile can be viewed by anyone clicking onto their social profile unless the individual has made their profile private. We are not responsible or have control over how these social media platforms use your data.
Google Analytics-Our website links to social media channels such as Facebook and Instagram. We use your data to sometimes send promotions via Facebook that are related to orders placed previously on our website. When an order has been placed on our website the customer has confirmed that their data is OK to be used in this way.
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How Do I Contact You?
To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details (for the attention of Perky Pear Ltd):
By Electronic form here
By Email – [email protected]
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Changes to this Privacy Notice
We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.
Updated 22nd May 2020
VAT
Perky Pear LTD is VAT registered
VAT NUMBER: 283 6343 86 Prices are inclusive of VAT
Card Payments, Security and Privacy
We accept most major credit cards. We can assure you that all of your information is kept safe and secure, from your online shopping basket to the goods arriving at your front door. A secure SSL encryption protects all your details during the shopping process and we do not pass on or use them with any third parties, companies and marketing organisations. All the details required are needed for no other reason than to fully process your order.
For remote addresses and international orders, your telephone number may be forwarded on to our couriers, to ensure receipt of your goods.
We update our stock frequently and if an item is out of stock it will be displayed as such on the site. If there is a problem with availability we will contact you within 24 hours of the order being made, in which case you have a choice of waiting until it is in stock. In any case, orders are not processed unless we have the item in stock and you may be refunded if the item is no longer available.
Discount codes
All of our discount codes can not be used in conjunction with other codes and can not be used on sale items and items which have been reduced in price. If we are running price reductions, further discount codes can’t be applied. Your sign up offer of 15% off will not expire and can be used in future after we have stopped running sales and price reductions.
Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
- Pay in 3
- Pay Later
Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
DISCLAIMER:
3a. All merchandise contained on this website is sold under the condition that we cannot guarantee the user freedom from injury. This website and the information, services, products and materials contained on are provided on an “as is” basis without any warranty. PERKY PEAR® Ltd disclaims all representations and warranties, expressed or implied, as to the operation of the website and the information, services, products, and materials on this website, to the maximum extent permitted by applicable law. Under no circumstance will PERKY PEAR® Ltd be liable for damages of any kind arising from the use of this website or any goods or services obtained on this website, including direct, indirect, consequential, incidental, special or punitive damages (even if PERKY PEAR® Ltd has been advised of the possibility of such damages), to the fullest extent permitted by law.
3b. The tape sourced and used by Perky Pear® Ltd is super sticky to deliver a stronghold and amazing results but this also means instructions and cautions need to be thoroughly followed like any other product you adhere and apply to your skin there are risks involved.
3c. Do not use Perky Pear® Tape if you have been diagnosed with cancer as it may interfere with treatment and disease management strategies employed by your medical professionals. Please note that the use of adhesives may cause your skin to become lighter or darker where the adhesive was in contact with your skin. Do not use on broken skin, sunburn, rashes or if you have any skin pigmentation/disorders or if you’re breastfeeding or lactating
PERKY PEAR® SAFETY USE DISCLAIMER INFORMATION:
IMPORTANT (!) Skin sensitivity can differ greatly between users. Whilst our products are safe, medically certified & CE approved, we cannot 100% guarantee complete freedom from injury or blisters occurring with use. Following our guide below will help minimise risks but cannot always completely eliminate them in all cases, especially when wearing in very warm weather and warm environments or if your skin is not used to wearing adhesives.
(1) Wear Time Guide For Users:
(!) Always follow our wear time guide and build up wear time with regular use.
•First-time users: If you have never worn tape before please wear for only 3/4 hours to introduce tape to the skin. Do this for a meal out & drinks for example, not a warm summer event like and all day BBQ or wedding which is likely to last longer. Wearing on skin which is not used to the tape for longer than advised can cause irritation and risk of the skin over heating and injury may occur. See section 4.
• Warm weather or on holiday: Please limit time to 3 – 4 hours if you are inside or outside and do not stay in the direct sun for long. Do not sunbathe in the tape. Stay in the shade to avoid over activating the heat activated adhesive. Please note that your body temperature can rise very quickly even when in the shade or inside on a hot day or in warm stuffy environments and chances of the skin over heating and water blisters occurring rise in warm weather and may happen for a small % of users. Please be aware of this before you decide to wear in hot weather or environments which make your body temperature very warm and increase perspiration.
•Experienced users: Wear until you are comfortable. Some find this is 12/13 hours some 8 hours etc – you know your own skin sensitivity. Experienced users can also experience skin overheating so please read our warm weather use wear time guide above.
• Ageing Skin/Users 50+ – Ageing skin may be prone to marking more easily due to the outer skin layer (epidermis) becoming thinner and elasticity is lost so we recommend that users aged 50+ wear for a limited time of 3 hours then at first and then build wear time gradually.
• Excessive wear time of 12 hours may cause more pulling to the skin leading to irritation.
Wait 72 hours before wearing another set of Perky Pear® tape.
(2) Application Safety “Do’s and Don’ts”:
When applying, always support the breast with one hand whilst applying the tape with the other. The hand should be keeping the breast in place whilst the tape is applied over the top to keep it in position. Using the tape alone to pull the breast up may stretch & strain the skin at the top and cause pull when secured down. Always assist in the lift with your supporting hand to avoid strain on the skin at the top of the tape.
• Do not layer tape on top of each other, this may cause the skin to overheat and may cause heat bubbles/blisters. Apply tape next to the last layer not overlapping,
• Perky Pear tape can be cut before application but never cut after the tape has been applied to the skin as this can cause the tape to unstick if peeled back or injury using scissors.
• Don’t rub the tape – especially the very top can make the adhesive bond tighter through friction due to it being heat activated. Avoid rubbing as friction and heat applied here can increase blistering in this area.
(3) Skin Allergies/ Sensitive skin:
If you experience any itching, irritation, burning or discomfort, remove the tape immediately. This may indicate an allergy to acrylic.
• If you are allergic to adhesive, acrylic, elastane or similar products such as band-aids (plasters), do not use Perky Pear® tape.
• If you are prone to heat rashes, skin getting hot and red, please be extra vigilant and do a test run of only 1-2 hours.
The tape sourced is CE approved and certified hypoallergenic. If you are unsure of any allergies do not use the products and consult a doctor first if uncertain. If rashes occur due to allergic reactions Perky Pear Ltd cannot be held responsible and it is the user’s responsibility to ensure safe use and read all information provided before continuing with the product.
(4) Skin Over Heating and Warm Weather information:
• Please be extra vigilant if you are choosing to wear the tape to daily events in the summer, on holiday or in the sun like weddings, BBQ’s, races or festivals. Limit wear time to 3 hours if unfamiliar with tape. Follow our wear time guide above for warm weather.
Blisters and abrasions from sweat bubbles occur only when the skin overheats underneath.
• Do not apply on sunburnt skin and skin which has been exposed to the sun for long periods from sunbathing.
• Sunbathing/ Swimming: Users MUST NOT sunbathe in the tape at any costs or sit out in the sun wearing the tape during hot weather as this may increase the chances of the skin becoming too hot. If choosing to swim in the tape please ensure you are not exposing your skin to hot direct sun for too long.
• Customers who choose to wear the tape in warm weather, outside in the sun, or warm stuffy environments such as clubs or crowded events must be aware of all risks of the skin becoming warm whilst wearing the tape. If ignored you may experience blisters.
(5) Miliaria Crystallina/ “Sweat Bubbles”/Blisters:
Ok so what has happened, What are they? When skin becomes too warm under the tape, heat rash in the form of Miliaria Crystallina also known as “Sweat Bubbles” can occur in the form of small tiny blisters on the skin filled with water which look like small beads of sweat. This happens because pores will release more water/ sweat to keep the skin cool. This excessive perspiration occurs more in warm weather/ stuffy environments and wearing tight clothing or tapes can increase this. When you go to peel the tape away from the skin after this occurs, the small raised beads on the surface of the skin can then tear open when the tape is pulled away from the skin resulting in abrasions where the skin is left open from the water bubbles which have formed. Skin grazes are as a result of the small water bubbles which have formed below the tape during wear which subsequently will open from the pull of removing the tape. This can be avoided following our wear time guides for new users & keeping cool in warm environments.
What can I do if I get this? Usually they tend to occur at the very top edges only due to being on a thinner part of skin which tends to catch the sun more/get warmer or to the areas where you have perspired more, underneath the breast can also get more hot. The marks if occur are similar to that of a foot blister and will sometimes follow the shape of the tape outline, please take care of your skin if this happens and treat it the same way you would a blister on the foot. We ask that our customers take extra care when wearing our tape during the summer and follow our wear time guide to help avoid this.
There are always minor injury risks involved with adhesive products and we must outline all possible risk scenarios and explain why this can happen to ensure that you are well informed before use and can avoid any irritation to the skin when wearing adhesive tapes.
(6) Positioning:
• We ask all customers from our site and our authorised retailers to follow our application instructions provided. Please do not misuse the tape or apply incorrectly as you risk skin injury and strain.
• Always apply in the mirror to ensure correct positioning.
• Do not pull the tape higher than the fleshier part of the breast bone/breast tissue this can cause strain to thinner areas like the collar bone. The tape should never be applied to the centre of the chest where skin is thinner and never near the neck. The breast lift tape should only be applied to breast tissue and the fleshier breast area below the armpit. Stretching inwards and too high, applying to areas near the neck and collar bone will cause strain and injury as the tape should not support the breasts from here. If our products are stretched as high as the collar bone or touching the base of your neck you have misused the product. Please remove for your safety as this may cause strain.
• The tape should be flat and smooth on the skin, any ruching can cause the tape to rub.
(7) Removal Safety:
•Never rip the tape off dry skin as you risk irritating your skin.
• Pressing down firmly on the tape whilst gently sliding upwards is most effective and stops the pull to the skin. Don’t pull the tape up and away from the skin keep the tape at skin level. See our removal videos here: https://perkypear.com/how-to-apply-your-breast-lift-tape/
• Always use your favourite oil based moisturiser or oil (coconut or baby oil) around the edges of the tape to help dissolve the adhesive when removing to stop any pull. Oil-based is better as this will dissolve the adhesive.
• Start from the bottom corner and pull up gently taking it slowly. Do not peel down and against the skin.
(8) Red Marks/Bumps & Swirls:
This is normal, Skin sensitivity can differ from person to person and on rare occasions where irritation occurs, users may experience temporary redness, raised bumps which are not painful or slight skin discolouration on occasions after use and they can be in a swirly pattern because of the tapes adhesive backing in-print (the in-print is also prominent when the user is wearing fake tan as the adhesive will strip the tan). It is normal to find redness or darker marks after removing the tape this occurs as the tape stimulates blood circulation to the area making the pores appear pink or darker. This is temporary and will fade as the skin cools and when the adhesive is removed from the skin (exfoliate gently after use). Bigger busts may experience this more due to the weight of the breasts, If you start to feel any itching it may be a sign that your skin is overheating or getting hot and
irritated.
Sizing Down Risks:
Perky Pear® recommends users wear their correct size lifts. If uncertain about sizes always go for the larger size bracket.
DISCLAIMER ATTACHED TO ADHESIVE PRODUCTS
We take care to provide Skin Safety information on our website, You can find this information easily on our main website menu, on the product packaging to the back and a specially created enclosed safety leaflet which is a small version of this page and links here for full information. We also include a disclaimer on our product listings underneath the product description for full transparency on risks. We ask you to read before using our tape products. Adhesive tapes are very sticky and must be used with care. Especially in warm weather & users where skin is not used to tape. Please read all information to avoid skin injury.
Perky Pear® Ltd cannot guarantee users completely free from injury as skin sensitivity can differ between users. Though extremely rare the tape sourced by Perky Pear® Ltd from a credible global manufacturer is not completely exempt from causing blistering and marks. A small percentage of users may experience blisters. Information is provided to help avoid this as skin irritation occurs not due to the products but due to certain circumstances during wear of adhesive tapes.
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Perky Pear Ltd will not provide any products to our users until the terms and conditions are accepted and acknowledged, our terms include this skin safety information page which forms the whole of our safety disclaimer. This safety disclaimer is transferable and applies to all sales of Perky Pear products including from authorised retailers who stock the Perky Pear brand. Once accepted at the checkout the customer can then purchase our products.
5. Perky Pear asks that users do not abuse or overuse the products. It is the customer’s responsibility to read all terms and conditions and watch all how to apply and remove videos before using the tape. No products can be sold to the user unless the terms and conditions are accepted, our terms include the above safety disclaimer. Once accepted the user can then pay and receive the goods.
5a. We cannot always guarantee the user freedom from injury in all cases. This website and the information, services, products and materials contained on are provided on an “as is” basis without any warranty. PERKY PEAR® Ltd disclaims all representations and warranties, expressed or implied, as to the operation of the website and the information, services, products, and materials on this website, to the maximum extent permitted by applicable law. Under no circumstance will PERKY PEAR® Ltd be liable for damages of any kind arising from the use of this website or any goods or services obtained on this website, including direct, indirect, consequential, incidental, special or punitive damages (even if PERKY PEAR® Ltd has been advised of the possibility of such damages), to the fullest extent permitted by law.
5b. Do not use Perky Pear® Tape if you have been diagnosed with cancer as it may interfere with treatment and disease management strategies employed by your medical professionals. Please note that the use of adhesives may cause your skin to become lighter or darker where the adhesive was in contact with your skin. Do not use on broken skin, sunburn, rashes or if you have any skin pigmentation/disorders or if you’re breastfeeding or lactating.
5c. The adhesive sourced by Perky Pear Ltd is medical grade and CE approved and used globally in the physiotherapy and athletic industries. Perky Pear Ltd sources the material from a certified approved manufacturer and does not own the material used for our trademarked design. The tape material used by Perky Pear® Ltd is CE approved and safe to the skin, sourced from a credited and certified manufacturer in the medical industry. Perky Pear Ltd does not individually own the material sourced
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Perky Pear® LTD cannot be held responsible for any injury caused or any negligence due to the full transparency and extensive easily accessible information provided to our customers to ensure full foresight into risks involved are known before use. It is the customers responsibility to read all safety guides provided which we have taken care to provide and have read all terms and conditions and watch all how to apply and remove videos before using the tape. We will not sell to any customers until the conditions have been read and agreed prior to purchasing. Customers accept that the products cannot guarantee freedom from injury with each use.
All information contained on this web site, including information relating to products and treatments, is for informational purposes only. It is often presented in summary or aggregate form.
Any links on this web site to web sites operated by third parties are provided for your convenience only. We are not responsible for the content and performances of these web sites or for your transactions with them and our inclusion of links to such web sites does not imply any endorsement of the material on such web sites.
The full terms and conditions apply to orders placed on the www.perkypear.com website. All safety disclaimers apply to our products sold on our own website and our stockists’ website and stores.
DAMAGES AND SHORTAGES
Problems must be notified to the retailer Perky Pear within 30 days of receipt of goods for a replacement. In the event of damaged goods or shortages, customers have an obligation to follow the returns procedure. Products must be unused and returned to Perky Pear Ltd and The Company will issue a replacement once all items have been inspected. Perky Pear will only refund the customers cost off returning an item if a shortage is found and a replacement is issued.
If The Company does not hear from The Customer within 30 days of receipt of goods with any problems outlined below, The Company may not be able to offer a refund or replacement item and it will be assumed your items were correct with no damages present. It is The Customers discretion to review their items within 30 days of receiving their items and notify The Company if there are any issues for the opportunity for The Company to rectify and replace all items.
WHAT IS CONSIDERED UNDER DAMAGES AND SHORTAGES?
Snags to the tape material, visible marks and defects to the items, missing items or if the wrong item has been sent in error. The company reserves the right to inspect all items before replacements or refunds can be issued. If items have been damaged during transit we will need to raise this issue with our shipment agent so will need to request the damaged items are sent back for us to claim and will refund or replace your items once received.
WHAT IS NOT CONSIDERED UNDER DAMAGES/SHORTAGES OR NOT FIT FOR PURPOSE
If our customers declare our adhesive products as not being adhesive and did not stick to the skin, further investigation will be required. We rely on our customer to follow all size guides and application instructions. Adhesive performance can be hindered through incautious application including but not limited to; Over handling the tape especially the very top, if the skin has not been prepped, fully cleaned & dried before use, the tape has been stuck down onto the skin then peeled off and then re applied which all contribute to the tapes adhesive being compromised. Perky Pear will always aid the customer in a successful application and help them whether that be offering a different size, product which may be better suited or application tips and trouble shooting. Customers claiming the products are not fit for purpose or simply didn’t stick must send back any products left for The Company to inspect for any adhesive abnormalities. A refund or replacement will be offered if item is found to be defected.
Customers can’t declare the products as not fit for purpose or ask for a refund if they don’t have the products left for us to inspect. Each pack has several items, If you believe there is an issue please don’t continue using the products before reporting they are faulty as we would need to inspect an unused item in your pack. The Company reserves the right by law to inspect any packages claimed as not fit for purpose or faulty and investigate the items under the distant selling regulations. If the customer does not have any items left for inspection, has disposed of them or does not agree to send back a package declared as faulty or not fit for purpose, The Company unfortunately can’t offer money back on products that can’t be inspected but may offer a replacement in good will.
Non-Returnable Items
Please note, we cannot accept returns or offer refunds on our adhesive lingerie breast tape and adhesive products if the packaging seal has been broken and the package has been opened/ damaged or partially used. Only Items where the product packaging has not been opened, tampered with or used can be returned.
Due to hygiene reasons, our adhesive breast tape products are non-refundable once the packaging has been unsealed due to tampering or contamination risks. We cannot offer a refund or accept returns on packages which have been opened or if items are missing. Non-returnable items are clearly stated under the Returns heading on each product page.
6. Perky Pear® is a UK & USA Trade Mark
Perky Pear® breast lift & shape tape is legally protected and all designs including the shape of Perky Pear® breast lift tape are owned by Perky Pear® Ltd. If any attempt is made to infringe upon the design and shape of Perky Pear® breast lift & shape tape legal action will be taken.
The adhesive material sourced by Perky Pear Ltd & Inc is medical grade and CE approved and used globally in the physiotherapy and athletic industries. Perky Pear Ltd & Inc sources the material from a certified approved manufacturer and does not own the material used for our trademarked design.
The Company Perky Pear® Ltd & Inc reserves the right to withhold services to a Customer at any time and refund items before despatch with prior notification of order cancellation.
Perky Pear® is not a medical tape and should not be used for any other purpose other than its intended use stated on www.perkypear.com and on or in the product packaging. We do not authorise customers or anyone who accepts the terms as stated in this document to resell our products for business and commercial benefits. Any customers found to be reselling our products without our authorisation will be held accountable.
By accepting all terms and conditions the customer accepts all information provided and all documents expressed within the terms.
We recommend to print a copy of these terms or save them to your computer or handheld device for future reference and for your information.
The terms and conditions expressed in this document extend to all verified stockists selling Perky Pear® products.
7. Intellectual Property Rights
Perky Pear® www.perkypear.com contents, including but not limited to, works, Products, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos and any other material published on Perky Pear® www.perkypear.com including menus, web pages, graphics, colours, schemes, tools, the website’s fonts and design, diagrams, layouts, methods, processes, functions and software which are part of Perky Pear® www.perkypear.com, and are protected by copyright and by all other intellectual property rights of Perky Pear® www.perkypear.com and the relevant rights holders. The reproduction, wholly or in part, and in any form whatsoever of Perky Pear® www.perkypear.com and of its products and contents is forbidden without Perky Pear® Ltd www.perkypear.com written consent. Perky Pear® Ltd has the exclusive right to authorise or prohibit any reproduction, be it direct or indirect, temporary or permanent, or in any other manner or form, and in whole or in part, of Perky Pear® Ltd and its contents. Anyone who is found to have purchased products from Perky Pear® www.perkypear.com with the intention of resale or to replicate our products and violate our copyright and design rights will be prosecuted. Invoices may be used to prove intent where applicable and any infringers proof of purchase of our protected products where resale and replication has occurred. As far as the use of Perky Pear® Ltd www.perkypear.com is concerned, you are only authorised to view the website and its contents. You are only authorised to carry out temporary acts of reproduction (other than for commercial or business purposes), which are transient or incidental and an integral and essential part of viewing Perky Pear® Ltd www.perkypear.com and its contents such as application video download links. You are also authorised to browse the website for the lawful use of Perky Pear® Ltd www.perkypear.com and its contents. You are not authorised to reproduce Perky Pear® Ltd www.perkypear.com and its contents by any means or in any form, neither in whole nor in part. Any reproduction must be authorised each time by Perky Pear® Ltd www.perkypear.com in writing or, if necessary, by the authors of the work posted on the website. Such reproductions must be carried out for lawful purposes in compliance with the copyright and other intellectual property rights of Perky Pear Ltd www.perkypear.com and of the customers of the images posted on the website. The individual authors of products and images published on Perky Pear® Ltd www.perkypear.com are entitled at any time to claim the authorship of their work and to object to any distortion or any other modification of the works, including any damage to the works which may harm their honour or reputation. You undertake to comply with the copyright of the customers who permit their images on Perky Pear® Ltd www.perkypear.com or who have cooperated with Perky Pear® Ltd www.perkypear.com in the creation of new forms of expression or new artistic forms which are intended for exclusive or non-exclusive publication on the website or that are an integral part of it. On no account are you authorised to use, in any manner or form whatsoever, the contents of the website or any single products protected by copyright or any other intellectual property right. By way of example, you may not alter or modify content or any protected work without Perky Pear® Ltd www.perkypear.com consent and, where necessary, the consent of each person who appears in the images and or the rights owner.
8. Trademarks & Design Rights as registered on the intellectual property register.
Since 2016 Perky Pear® Ltd www.perkypear.com has been and continues to be the exclusive owner of the logos and registered trademarks Perky Pear® and www.perkypear.com and of any other sign which includes the word mark “Perky Pear” and the domain name “www.perkypear.com”. Perky Pear® Ltd is the exclusive rights owner of all product designs and variations of the design as named Perky Pear® “Lift And (&) Shape Tape” and “Breast Lift Tape” and others owned by Perky Pear ltd or Samantha Ryder. Anyone found to be in violation of this copyright will be prosecuted. Common Law Copyright protection protects our designs internationally and or in countries we ship to and trade with worldwide. Anyone found to be replicating our products for commercial or business gain will be contacted by our legal team with a cease and desist notice.
You are not authorised, without the consent of Perky Pear® Ltd www.perkypear.com and of any other owner of the registered trademarks posted on the website, to use such trademarks or protected designs for our distinguishing products or services. Most of the trademarks posted on the website and concerning the products for sale on Perky Pear® Ltd www.perkypear.com are famous and well known to the general public and to each user of Perky Pear® Ltd www.perkypear.com. Any unlawful or unauthorised use of such trademarks is prohibited and entails serious legal consequences. Such trademarks and any other distinctive mark posted on Perky Pear® Ltd www.perkypear.com must in no way be used for obtaining an unfair advantage from their distinctive character or reputation or in such a way as to damage them and their owners.
9. WHOLESALE CUSTOMERS
When purchasing Perky Pear® products you are not given any permission to re sell any of our tape range under any other brand name other than Perky Pear.
When purchasing Perky Pear® products for the purpose of re sale Perky Pear® products must be re sold as they come. You can not open the packages and sell any of the Pears individually or re package Perky Pear® products under any circumstance. When purchasing Perky Pear® products for the purpose of re sale all copyright remains in place and the ownership of Perky Pear Ltd and Inc. You are bound to these terms when purchasing any Perky Pear® Products.