These Terms and Conditions (the "Terms") are the Terms which apply when You access the website peachesandcremeshop.com (the "Website"),  or place orders to purchase any of the products made available to You on the Website. Any reference to "We"/"Us"/"Our"/”Peaches&Crème” in these Terms is a reference to P&C Beauty Limited (trading as Peaches&Crème).

Any reference to "You"/"Your" means you, the user of the Website.

By accessing this Website or when You place orders to purchase any of the products on the Website You agree to be bound by these Terms.

Included in this documentation are also the terms and conditions in relation to the: 1) purchase of Gift Cards, and 2) enrollment to our Peachy Partners Affiliate Program. These can be found in their relevant sections below.

We also recommend You read these Terms in conjunction with Our Privacy Policy. If You have any questions regarding the following Terms, kindly contact Us at info@peachesandcremeshop.com.

These Terms will apply to any contract between Us and You for the sale of Our products to you (“Contract”) and may be executed only in the English language.

1. WHO WE ARE
   The sale of products through this website is carried out under the trading name Peaches&Crème by P&C Beauty Limited, a company registered in Malta under company registration number C 95677, with registered address at Triq Sant’ Anton Abbati, Jasmine Court, Flat 4, Mosta MST3100, Malta, having Corporate Income Tax Number 970312712 and VAT number MT 27226714. You may contact Us by writing to Us at info@peachesandcremeshop.com.
   
   We operate the website https://peachesandcremeshop.com . Our store is hosted on Shopify Inc. They provide Us with the online e-commerce platform that allows Us to sell Our products and services to You.
   
   Throughout the site, the terms “We”, “Us” and  “Our”  refer to P&C Beauty Limited. P&C Beauty Limited offers this website, including all information, tools, and services available from this site to You, the user, conditioned upon Your acceptance of all terms, conditions, policies and notices stated. 
   
   
2. YOUR PERSONAL INFORMATION/DETAILS AND VISITS TO OUR WEBSITE
   

   Your submission and processing of personal information through the store is governed by our Data Protection Policies. When you use this website, you agree to the processing of the information and details. You also agree to provide current, complete, accurate and factual purchase and account information for all purchases made at our store. Furthermore, you agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. If you do not provide us with all the information we need, you cannot place your order.

   You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

   You also agree that if we need to contact you, we will do so by writing to you at the email address you provided us.

   If you identify an error when entering your personal details to register as a user of our website, you may modify and change your details in the "My Account” section. In any event, you may write to us at info@peachesandcremeshop.com so we can correct errors in and/or update your personal data provided during the ordering process.

   Our website will prompt you at certain points throughout the ordering process if the data in these sections has not been entered correctly and it will not allow your order to be processed until this is rectified.

   Our website also shows the details of all the items that you have added to your shopping basket during the ordering process and you may review these items at any point in time during the ordering process. You will also be required to review your order prior to confirming payment. These will allow you to amend/change the details of your order before payment. If you identify any error in your order after you made the payment, you should contact us to correct the error immediately, by writing to us at info@peachesandcremeshop.com.

3. ONLINE STORE TERMS OF USE
   

   You agree that in using the Website, You will not:

   1. Use Our Website to make/purchase illegal, invalid orders, fraudulent and/or false orders;
   2. Use Our Website in any way that causes, or is likely to cause the Website or access to the Website to be impaired, interrupted or damaged in any way;
   3. Use Our Website for a purpose for which it was not intended;
   4. Use Our Website to commit fraudulent or criminal acitivity which may harm Us and/or third parties;
   5. Attempt to or access the accounts of other users registered on Our Website or attempt to penetrate or highjack the Website’s security measures.
      
      

   You may not use Our products for any illegal or unauthorised purpose nor may You, sell or re-sell any of the products or services, or any samples which You may receive from Us.  

   By agreeing to these Terms and continuing to use the site with the possible eventuality of making a purchase, You confirm that You have reached the age of majority in Your country of residence and are legally eligible to enter into contracts of purchase.

   We reserve the right to suspend, restrict or terminate Your access to Our Website, if We have reasonable grounds to believe that Your actions constitute a breach or violation of any of these Terms  or if We suspect fraudulent account activity or behavior. This does not limit Our right to take any other action against You.

   We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect Your computer, IT equipment, data or materials as a result of using this Website or downloading content from the same or those to which this site redirects You.

4. ONLINE STORE SERVICE AVAILABILITY
   

   The Products offered on Our website are available for delivery within Malta and to all EU member states.

5. PLACING AN ORDER
   

   Our shopping pages will guide You through the steps You need to take to place an order at Our store. The order process will allow You to review, check and amend any errors before submitting Your order to Us. Please take the time to review your order at each stage of the order process.

   At the end of the order process, You must confirm payment. We will assign an order number to Your order and inform You of it once we accept Your order. It is always beneficial if You inform Us of Your order number whenever contacting Us with a query about Your order. Our acceptance of Your order will take place when You receive an email confirming the receipt of Your order (“Order Confirmation”) at which point a contract will come into existence between You and Us.

   We will inform you through the email address you provided once Your order has been shipped (“Shipping Confirmation”).

   You may also find a record of all the orders placed by You in  the "My Account" area if You are a registered user of Our store.

6. PRODUCT AVAILABILITY
   

   All Our Products are subject to availability.

   All descriptions of products are subject to change at anytime without notice, at Our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.

   If the delivery of an ordered product appears to be impossible or the Product is out of stock or because of unexpected limits on Our resources which We could not reasonably plan for, We reserve the right to take the necessary steps to make a replacement article of the same or higher quality and value available. We will notify You of the unavailability of the product and ask You if You would want a replacement product. Should You choose to accept a replacement product, it shall be stated in a clear and comprehensible manner via email that a replacement item will be delivered. Otherwise, You can cancel the order for the unavailable product(s), and We will refund any amount You have paid Us for the cancelled product(s).

7. RIGHT TO REFUSE TO PROCESS AN ORDER
   

   We reserve the right to, at any time and without notice, modify or discontinue Our products and services (or any part or content thereof).

   We reserve the right to refuse service to anyone and to refuse any order you place with us for any reason at any time, including after having sent you an order confirmation. We will do our utmost to fulfill all orders, however, there may be exceptional circumstances that will force us to refuse processing an order at any given time. In the event that We make a change to or cancel an order, We will attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We will refund you any amounts paid to us in relation to the cancelled order within 14 days without undue delay.

   We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, to limit the sales of Our products to any person, geographic region or jurisdiction. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We also reserve the right to limit or prohibit orders that, in Our sole judgment, appear to be placed by dealers, resellers or distributors. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that We offer.

   We shall not be liable to you or to any third-party for any modification, price change, or suspension or discontinuance of the Products and Services in our Website.

8. PRODUCT DELIVERY
   

   You own a Product once you have made, and we have received, payment in full (including delivery fees).

   The Product will be Your responsibility from the time the Product is delivered to the address you provided to us, as soon as You or a third party indicated by You acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the delivery address You provided Us at the time when You placed the order.

   Shipments to addresses with a central receiving area will be delivered to that area.

   Shipments cannot be delivered to PO boxes or postal codes.

   Notwithstanding clause 7, We will deliver the Products to You as indicated in the Shipment Confirmation as soon as reasonably possible and in any event within 30 days after the day on which We accept Your order. Please see our Shipping Policy for timelines on when You should expect an item to reach You. All these delivery terms are indicative and subject to the occurrence of unforeseen circumstances or the delivery zones. Please also be informed that as a general policy, we and/or through our third party courier partner, do not make home deliveries on Saturdays, Sundays or bank and public holidays.

   If We are unable to comply with the delivery date for any reason whatsoever, We will inform You of the situation and We will give You the following options:

   1. Continue with the order fulfilment;
   2. We can agree on a new deadline for delivery, which must be reasonable; or
   3. You can opt to cancel the order and we will refund you the amount that You have paid as soon as possible but no later than 14 days after cancellation.
      
      

   We are not responsible for delays outside our control. If delivery of the Products is delayed by an event outside our control (“Event”) 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. 

   Virtual Gift Card

   With regard to the virtual Gift Card, we will send it on the date indicated by you when you place an order. The virtual Gift Card shall be deemed to be delivered in accordance with the Terms and Conditions of the Gift Card, and in all cases on the delivery date of the virtual card to the e-mail address indicated by you. 

   International delivery

   We deliver to the countries listed under our Shipping Policy. However, there may be restrictions on some Products for delivery destinations outside of Malta. Please review the information on that page carefully before ordering Our Products.

   If You order Products from Our site for delivery to one of the destinations outside of Malta, Your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that We have no control over these charges and we cannot predict their amount.

   You will be responsible for payment of any such import duties and taxes. Please check with Your local customs office for further information before placing Your order.

   You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if You break any such law.

   Inability to deliver

   If no one is available at Your address to take delivery and the Products cannot be posted through Your letterbox:

   1. Our designated third-party courier may notify You of an upcoming delivery or a missed delivery. Receiver may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at a courier Service Point. Shipper may exclude some delivery options on request; or
   2. You will normally be left a note informing You of how to rearrange delivery or collect the products from a local depot.
      
      

   For tracked deliveries, if after a failed delivery to You, You do not re-arrange delivery or collect your order from a delivery depot, then Your shipment might be returned to Us. We will contact You for further instructions and may charge You for storage costs and any further delivery costs. If, despite Our reasonable efforts, We are unable to contact You or re-arrange delivery or collection we may end the Contract and we will refund any money You have paid in advance for products we have not provided, but we may deduct or charge You for the costs We will incur as a result of Your breaking the contract. We will refund You the net amount within 14 days from the date on which we deem this contract to have been terminated. This clause shall not apply to the virtual Gift Card for which the delivery shall be governed by the Terms and Conditions of the Gift Card.

   Lost items

   The risk of damage and/or loss of products rests with Us until the moment of delivery to the consumer or a pre-designated representative that is made known to Us in writing, unless otherwise expressly agreed. We will only consider claims for lost items sent by 30 days after dispatch.

9. PRICE, PROMOTIONS AND PAYMENT
   

   The price of the products will always be as indicated on Our website. On-sale items/products could be returned or exchanged.

   It is always possible that, despite Our best efforts, some of the Products We sell may be incorrectly priced. If We accept and process Your order and We then discovered a pricing error, or where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, we will inform You as soon as possible and give You the following options:

   1. You may purchase Your order at the correct price; or
   2. We may agree to cancel the order and refund You any sums You have paid.
      
      

   If We are unable to contact You, Your order will be considered cancelled and all amounts paid will be reimbursed to You in full.

   No liability is accepted for the consequences of these mispricing errors. In case of mispricing errors, We are not obliged to deliver the product at the mistaken price, even if We have already sent You an Order or Shipping Confirmation.

   All prices indicated in Our website include VAT but exclude delivery fees/charges which are added at a later stage to the total shopping basket price at checkout. The amount of the delivery fee/charge will be as displayed to You before You confirm the order, which also includes VAT. The delivery fees and charges are as indicated in our Shipping Policy.

   Prices for Our products are subject to change at any time without notice. Price changes shall not affect the orders for which We have sent an Order Confirmation.

   Our website will guide You through the steps You need to take to place an order at Our store and make a successful payment. You must follow each step of the ordering process. Throughout the ordering process, Our website will also provide the details of all the items which You have added to Your shopping basket and You may review these items at any point in time before making the payment. You will also be required to review Your order prior to checkout in order to review your order and confirm payment. These will allow You to amend/change the details of Your order before payment.

   Payment methods are indicated during the checkout process. Payment may be made by VISA, Mastercard and PayPal, as well as any other majorly accepted credit card at our store, including the Gift Card issued by Peaches&Crème (P&C Beauty Limited) in terms of the Gift Card Terms and Conditions. You must pay for the products in order for the purchase to be deemed complete, and for Us to be able to dispatch Your order.

   Credit card information is always encrypted during transfer over networks. Once We receive Your order, We will make a pre-authorisation on Your card to ensure that there are sufficient funds to complete the transaction. The charge on Your card will be made at the time Your order is shipped. If Your payment method is PayPal or Peaches&Crème Gift Card, the charge will be made when We confirm Your order.

   When You confirm and make the payment, You are confirming that the credit card or PayPal account is Yours or that you are the legitimate owner of the Gift Card. You have the duty to report inaccuracies in the payment details provided to us without delay. In case of default by You, We have the right, subject to statutory restrictions, to charge the reasonable costs that were previously announced to You.

   Credit cards are subject to verification and authorisation by the card issuing entity. If the card issuing entity does not authorise the payment, We shall not be liable for any delay or failure to deliver, and We will be unable to complete any contract of purchase with you. In some instances, orders may be subject to further verification based on the risk analysis received from payment processors processing the payment transaction. We will contact you via email should such situation arise and we may ask you to confirm your order and/or provide proof of identification before we can fulfill your order. 

   Making the Order as Guest

   You can also purchase products as a guest on Our website. When You purchase products as a guest, We will only request essential data needed to process Your order. Upon completion of the purchase process, You will be given the option of creating an account with Our store and be a registered user or continuing as a non-registered user.

   Promotions

   Sales and promotional offers may not be used in conjunction (eg discount codes by default, cannot be stacked together).

   Products may be reduced to the price stated on Our site. Prices of Products on sale are subject to change and may increase after the sale period. Sale items may take longer to arrive due to the high volume of orders placed during Our sales period. Please note that an item could go out of stock after You have placed it in Your basket and that Your purchase is only confirmed once You have received an email confirming Your order. Please note that while all products remain in pristine condition, due to nature of the sale some external packaging may appear slightly worn.                                                                                                                                                                                                                                                                                      Peachy Perks Rewards. Peachy Points earned on the email address used to place the order is not transferrable to another email address.

10. From time to time We may have promotions that supply a complimentary gift(s). The complimentary gift cannot be exchanged for another Product. Complimentary gifts are available whilst stocks last and We reserve the right to withdraw this offer at any time. 

11. RETURNS POLICY
    

    Our return policy lasts if 14 days have gone by since: 1) you physically received the product for delivered orders, or  2) 14 days have gone by from your selected pick up date (whether or not you have not collected your product(s) from the pick up location), and unfortunately we cannot offer you a refund or exchange after this period has lapsed.

    Right of withdrawal

    You have the right to cancel this contract without giving any reason, within 14 days from the day on which you (or a representative who is pre-designated by you and who is made known to us) take possession of the goods purchased (or the last good in the case that the contract relates to the delivery of goods in multiple partial deliveries or multiple lots or pieces), which is called the “reflection period”.

    The reflection period will expire after the said 14 days.

    To exercise your right to cancellation, you must inform us of your decision to cancel your order within the reflection period. Please direct your request to:

    • P&C Beauty Limited, Triq L-Inkwina, The Hilltop Gardens, Level -1, Naxxar NXR2641, Malta
      
      

    Alternatively, you may also write to us by sending us an email at returns@peachesandcremeshop.com.

    The following details and content must be included in your communication to us, whether in paper form or via email:

    I hereby give notice that I withdraw from my contract of sale of the following:

    Order number:

    Ordered on:

    Received on:

    Item to be returned (please specify product name and code:

    Customer name:

    Customer address:

    Customer email address:

    Signature (if notification made on paper):

    Date:

    We will communicate to you an acknowledgement of receipt of such cancellation without undue delay (e.g. by e-mail).

    If you exercised your right of withdrawal before your order has been dispatched, your refund will be made within 14 days from the date when you notified us in writing directed to the address stated above. You may also write to us by sending us an email at returns@peachesandcremeshop.com.

    Kindly inform us of your interest in exercising your right to cancel your order as well as completing the returns process within that 14-day period. Items purchased from our website can only be returned for a refund if they are unopened, sealed and in a re-salable condition with all tamper-resistant seals, original packaging, instructions and any cellophane intact. Any complimentary gifts given with the order must also be returned. Please do not send your order back to the manufacturer. Return items and a copy of the above notice of withdrawal are to be sent to this address: P&C Beauty Limited, Peaches&Creme K-Beauty and Skincare, Triq L-Inkwina, The Hilltop Gardens, Level -1, Naxxar NXR2641, Malta You must also prove that the delivered goods have been returned to us on time, for example by emailing us with a proof of shipment. Please bear in mind that you must bear the costs of returning the goods to us.

    Once you decide to return our goods to us, and We, upon receiving the goods back, must pay ‘cash on delivery’ to the courier services, we shall then deduct said amount for delivery from the total amount to be refunded to you.

    In the event of damage to the product due to negligent handling by yourself, you will be liable for the depreciation and any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

    If you have not notified us in writing that you want to exercise your right of withdrawal within the 14-day reflection period, or you have not initiated the return of  the products to us within the 14-day expiry period, then the purchase is deemed completed, and therefore your right of withdrawal has expired. The legal right of withdrawal will also apply to the Peaches&Crème Gift Card which is as yet unused. Refunds may only be made in accordance with the Peaches&Crème Gift Card Terms and Conditions.

    Costs in case of withdrawal

    If you withdraw from this contract, we will refund you all amounts we have received from you (including delivery charges) as soon as possible but no later than 14 days after the return request.  We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest. Return items are to be sent to this address: P&C Beauty Limited, Peaches&Creme K-Beauty and Skincare, Triq L-Inkwina, The Hilltop Gardens, Level -1, Naxxar NXR2641, Malta

    We recommend carefully packaging products when returning items. We have the right to refuse returns if the product is in a non-salable condition upon our receipt. Please note that this includes any damage which may have occurred during the return delivery. All items will be examined upon receipt to determine if they are found to be in the same conditions in which you received them.

    We will inform you of whether you have the right to refund of the amounts paid. No refund will be made if the product has been returned in a different condition in which it left our warehouse or for products that are not in the same condition as when they were delivered or when they have been damaged. You will be liable for any amount of depreciation or any diminished value of the products, resulting from mishandling of the products themselves, and this will be reflected as a reduction in your refund.

    Delivery costs will be reimbursed when the right of withdrawal is exercised within the statutory period and all the goods in which the relevant parcel consists of are returned.

    Refunds will be made via the same payment method you used in purchasing the products in our website. For example if you made your purchase through PayPal, such refund will be reimbursed to your PayPal account.

    Exclusions to right of withdrawal

    Exclusion of the right of withdrawal is only possible for products:

    1. we created in accordance with your specifications.
    2. that are clearly personal in nature.
    3. which can not be returned due to their nature.
    4. that can spoil or age quickly.
    5. of which the price is subject to fluctuations in the financial market on which we have no influence.
    6. Sealed hygienic products which are not suitable for return of which the consumer has broken the seal.
       
       

    Exclusion of the right of withdrawal is only possible for services of which the delivery commenced with the express consent of the consumer before the reflection period has expired.

    Returns of wrong, faulty, or defective products

    If you have received a wrong or damaged product, please send us a photo of the product and contact us at returns@peachesandcremeshop.com so we can rectify the problem for you as soon as possible. Please contact us for next steps and keep the product and packaging until the issue is resolved. In these cases, you will not be charged for extra shipping costs. For all intents and purposes of this terms and conditions, 'wrong products' would mean incorrect item delivered to you by ourselves on the basis of the item you ordered, 'faulty or defective product' would mean damaged packaging, parts or accessory of the product.

    You can return the product to us after we agree the shipping method for returning the product. We will carefully examine the returned product and will notify you by e-mail within a reasonable period if the product may be refunded or replaced (as appropriate). The refunding or replacement of the product will take place as soon as possible and in all cases within 14 days from the date on which we reply to you with a confirmation that your refund or replacement request has been accepted.

    The amounts paid for the products returned due to any damage or defect, when it actually exists, will be reimbursed in full, including the delivery costs related to sending the product and the costs to you for returning it to us. You are kindly requested to also send the proof of the cost of shipment to us for us to reimburse you for returning the products to us.

    The refund shall be paid by the same payment means you used to pay from the purchase. All rights recognised in current legislation shall, in any case, be safeguarded.

    Item replacements

    You can ask for replacements on the products you ordered. If you prefer to exchange it for another item, you must ask for a return in writing within 14 days upon physical receipt of the product and make a new purchase. This instance will be treated as if you are exercising your right of withdrawal and  your right of withdrawal applies as mentioned above.

12. GUARANTEES
    

    We guarantee that the products and/or services published and sold in Our website comply with the contract, the specifications stated in the website, the reasonable requirements of virtue and/or usability and the existing statutory provisions and/or government regulations on the date of the conclusion of the contract. We also warrant that all corporate action and any other legal procedures or formalities incumbent upon or required on our part to authorise, execute or carry into effect these Terms and the execution and performance thereof has been properly taken in accordance with its constitutive documents and with all applicable laws.

    The products will be understood to comply with the contract if (i) they match Our description and have the characteristics as presented on this website, (ii) they are suitable for the normal uses of products of the same type, and (iii) they offer the normal quality and features it would be reasonable to expect of a product of the same type. We do not guarantee that the products purchased or obtained by You will meet your expectations and/or will work for you/your skin. If any of the products do not conform with the contract, You should make us aware of this by contacting us on: info@peachesandcremeshop.com.

    Our warranty term is consistent with and does not go beyond the warranty term of the manufacturer/brand. We are never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

    The warranty does not apply if:

    • You have repaired and/or processed the delivered products yourself or if You have it repaired and/or processed by third parties.
    • The delivered products are exposed to abnormal conditions or otherwise negligent handling or contrary to the instructions stated on the packaging and/or are handled on the packaging.
    • The defect in whole or in part is the result of regulations that the government has made or will make regarding the nature or the quality of the materials used.
      
      
13. DISCLAIMER OF WARRANTIES; LIABILITY AND LIMITATION OF LIABILITY
    

    The packaging of the Product may vary from that shown on images on Our website.

    We all have made every effort to display as accurately as possible the colours and images of Our products that appear at the store. We cannot guarantee that Your computer monitor's display of any colour will be accurate. We also do not warrant and guarantee that the quality of any products, services, information, or other material purchased or obtained by You will meet your expectations and/or will work for you/your skin. You understand that any warranties and claims provided in connection with any third party products described on the Site are provided solely by the third party (or brands/manufacturers) and not by Us.

    Unless otherwise indicated expressly in these Terms, Our liability regarding any product purchased on Our website shall be limited strictly to the price of purchase of said product.

    Notwithstanding the above, Our liability shall not be waived nor limited in the following cases:

    1. In case of death or personal harm caused by our negligence.
    2. In case of fraud or fraudulent deceit; or
    3. In any case in which it was illegal or illicit to exclude, limit or attempt to exclude or limit Our liability.
       
       

    Notwithstanding the paragraph above, and to the extent legally allowed, We shall not accept any liability for the following losses, regardless of their origin:

    1. loss of income or sales.
    2. loss of business.
    3. loss of profits or contracts.
    4. loss of forecast savings, and
    5. loss of management time or office hours.
       
       

    Information provided about the products is intended to be used for educational or informational purposes only. The statements and products are not intended to diagnose, treat, cure or prevent any (skin) condition or disease. The said materials are not intended to provide medical or other professional advice nor do they commit P&C Beauty Limited to any obligation whatsoever. We accept no responsibility for any direct, indirect or consequential loss or damage which may arise from reliance on information contained in this Website. No person should act or refrain from acting on the basis of any matter contained in this Website without seeking the appropriate medical or other professional advice on the particular facts and circumstances at issue. Please consult with your own dermatologist, doctor or health care practitioner regarding the suggestions and recommendations made on the Website.

    Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after You have submitted Your order).

    We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.

    Whereas We shall make the greatest efforts to maintain and deliver an exceptional service to You, due to exceptional circumstances, We cannot always guarantee that Your use of Our service will be uninterrupted, timely, secure or error-free.

    You understand that from time to time We may remove the service for indefinite periods of time or cancel the service at any time, without notice to You.

    You expressly agree that Your use of, or inability to use, the service is at Your sole risk. The service and all products and services delivered to You through the service are (except as expressly stated by us) provided 'as is' and 'as available' for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

    Except in cases of extreme negligence by P&C Beauty Limited, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, it shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

    The provisions in this clause shall not affect Your rights as a consumer and user, nor Your right to cancel the contract.

14. INTELLECTUAL PROPERTY AND INDUSTRIAL PROPERTY
    

    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

    You recognise and agree that all copyrights, registered trademarks and other intellectual and industrial property rights to the materials or contents provided as part of our website belong at all times to P&C Beauty Limited or to a third party who had authorised to P&C Beauty Limited, the use of said content or material. You may NOT use said material unless you are expressly authorised by P&C Beauty Limited. This does not prevent you from using this website to the extent necessary to copy the information on your order or contact details.

    Any instances or actions by You which go against the provisions of this section will empower Us to exercise Our rights against You. 

15. OPTIONAL TOOLS
    

    We may provide You with access to third-party tools over which we neither monitor nor have any control nor input.

    You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your use of optional third-party tools.

    Any use by You of optional tools offered through the site is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

    We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

16. THIRD-PARTY LINKS
    

    Certain content, products, and services available via Our Service may include materials from third parties.

    Third-party links on Our site may direct you to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

    We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

17. INDEMNIFICATION
    

    You agree to indemnify, defend and hold harmless P&C Beauty Limited and Our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Your breach of these Terms or the documents they incorporate by reference, or Your violation of any law or the rights of a third-party.

18. EVENTS OUTSIDE OUR CONTROL
    

    An Event Outside Our Control (“Event/Force Majeure") means any act or event beyond Our reasonable control, including without limitation, strikes or other industrial action by third parties, civil commotion, terrorist attack or threat of terrorist attack, war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

    Our obligations arising from contracts are suspended during the period in which Force Majeure remains in effect, and We will be given an extension of the period in which to fulfill these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables Us to fulfill our obligations to You by virtue of the contract despite the situation of Force Majeure.

19. TERMINATION
    

    The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

    These Terms are effective unless and until terminated by either You or us. You may terminate these Terms at any time by notifying us that You no longer wish to use our services, or when You cease using Our site.

    If in Our sole judgment You fail, or we suspect that You have failed, to comply with any term or provision of these Terms, We also may terminate these Terms at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to our Services (or any part thereof).

20. ENTIRE AGREEMENT
    

    The failure of us to exercise or enforce any right, power, privilege or provision of these Terms in respect of any right arising herefrom, shall not constitute a waiver of such right or provision, nor shall any single or partial exercise of any right, power or privilege under these Terms preclude any other or further exercise thereof or the exercise of any other right or privilege. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

    These Terms and any policies or operating rules posted by Us on Our site or in respect to the service constitutes the entire agreement and understanding between You and Us and govern Your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms).

    Any new features or tools which are added to this current website shall also be subject to the Terms. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to Our website. You can review the most current version of these Terms at any time on this page. It is Your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes, and by accessing or using any part of the site or place an order on it, You agree to be bound by these Terms, except when by law or decision of governmental entities We must make changes retroactively to said policies, terms or privacy statement, in which case the possible changes will also affect orders made previously by You.

21. PROPER LAW AND JURISDICTION
    

    These Conditions shall be governed by and construed in accordance with the Laws of Malta. Any dispute, controversy or claim arising out of or relating to or concerning these Terms, or the breach, or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the Arbitration Act, Chapter 387 of the Laws of Malta, as from time to time amended. Each Party irrevocably waives any right it may have to object to any action being brought in the forum, to claim that the action has been brought in an inappropriate forum, or to claim that the forum does not have jurisdiction.

22. NOTICES
    

    Any notices under these Terms shall be given in writing, with notification through email being deemed sufficient by both parties. We will contact you by e-mail or we will provide You information by posting alerts on this website. You agree to use this electronic means of communication and accept that all contracts, notifications, information, and other communication that We send you electronically complies with the legal requirements of providing it in writing. This condition will not affect your rights as recognised by law.

23. ASSIGNMENT
    

    The Contract shall be binding upon and ensure to the benefit of You and P&C Beauty Limited and each of their respective successors, assigns and transferees.

    You may not transmit, cede, levy or in any other way transfer a contract or any of the rights or obligations derived from the same, without having obtained our written consent in advance.

    We may transmit, cede, levy, subcontract or in any other way transfer a contract or any of the rights or obligations derived from the same, at any time during the life of the contract. To avoid any doubt, said transmissions, cessions, levies or other transfers shall not affect the rights that, as applicable, You have as a consumer recognised by law or cancel, reduce or limit in any way the express and tacit guarantees that we may have given You.

24. USER COMMENTS, FEEDBACK, COMPLAINTS AND OTHER SUBMISSIONS
    If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
    
    We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Conditions.
    
    You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
    
    We recommend that you first notify us of complaints by emailing info@peachesandcremeshop.com. If this does not lead to a solution, it is possible to register your dispute for mediation via an ADR (Alternative Dispute Resolution) body in Malta which is the European Consumer Centre Malta (ECC) within the Malta Competition and Consumer Affairs Authority (MCCAA).
    
    From 15 February 2016, it will also be possible for consumers in the EU to register complaints via the ODR platform of the European Commission. Regulation 524/2013 on Online Dispute Resolution for Consumer Disputes (ODR Regulation) provides for the Online Dispute Resolution Platform. Pursuant to Article 5 of this Regulation the European Commission developed the EU wide ODR Platform. It serves as a single point of entry for consumers and traders seeking the out-of-court resolution of disputes covered by the Regulation. The Platform links the National ADR entities notified by the Member States. The ODR Regulation applies to out-of-court resolution of disputes concerning contractual obligations stemming from online sales or services contracts between consumers and traders resident and established within the EU through the intervention of an ADR entity. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet pending elsewhere, you are free to file your complaint via the European Union platform.

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GIFT CARD GENERAL TERMS AND CONDITIONS OF USE

You should save or print a copy of these Gift Card terms and conditions for your records.

General
1.  These terms and conditions govern the relationship between you and P&C BEAUTY Limited. Any reference to "We"/"Us"/"Our"/”Peaches&Crème” in these Terms is a reference to P&C Beauty Limited (trading as Peaches&Crème). This policy together with our Terms and Conditions and any other documents referred to on it.

2.  By purchasing and/or using the Virtual Gift Card (the "Virtual Card", "Gift Card", "Card"), this evidences your full acceptance of these terms and conditions, which have been made available to you at the time of purchase on https://peachesandcremeshop.com.

3.  The Card is at all times the property of the issuer of the Card, who is P&C Beauty Limited, a company registered in Malta under company registration number C 95677, with registered address at Triq Sant’ Anton Abbati, Jasmine Court, Flat 4, Mosta MST3100, Malta, having Corporate Income Tax Number 970312712 and VAT number MT 27226714 ("trading as Peaches&Crème").

4.  The Card is valid to be used by customers in Malta and within the other EU Member states, to purchase any item being sold via https://peachesandcremeshop.com.

Payment and delivery

5.  You can pay for the Card by any of the means of payment accepted at https://peachesandcremeshop.com, but not by means of another Gift Card.

Gift cards are sent to your email address so you can forward to the recipient. No physical cards will be mailed.

Validity

6.  The Card is valid for two years from the date of dispatch of virtual Cards.

At the expiry of this validity period, the Card cannot be renewed, or used to purchase items, or reactivated, nor can any unused remaining balance in the Card be claimed.

7.  The Card can be used as many times and for as many purchases as the cardholder chooses until the total balance of the Card has been used up. The Card is not reloadable.

8.  When making a purchase in OUR store, a customer can redeem the value of a gift card by entering its unique code at checkout. This code isn't case sensitive. A gift card holds a balance, which can be spent over more than one order. Gift card balances are applied to the total value of an order, which can include taxes and shipping.

After a gift card is issued, the full gift card code is visible only to the customer because gift cards are considered currency.

9.  When a customer redeems a gift card, the checkout displays one of the following options:

9.1  If the balance available on the gift card is greater than or equal to the order total, then the customer can click Complete order.

9.2  If the balance available on the gift card is less than the order total, then the customer is prompted to choose a second payment method for the balance before placing the order.

9.3  A customer can also redeem more than one gift card during checkout.

10.  If a customer wants to buy a gift card for someone else, then they need to forward the gift card email to the recipient. 

11.  After using the Card, the remaining balance on the Card available will be the difference between the balance available prior to the purchase and the relevant amount used up in that purchase. The remaining balance of the Card can be checked at any time by contacting us at hello@peachesandcremeshop.com and we will send the information.

12.  Where the purchase price is in excess of the available balance on the Card, the difference will need to be paid through any other payment means accepted at https://peachesandcremeshop.com.

13.  Items purchased with the Card at https://peachesandcremeshop.com are subject to the same general purchase terms and conditions as any other items purchased on the website.

14.  Any refund for items purchased with the Card which are returned will be made by US by crediting the price of the returned items back onto the remaining balance of the Card. However, if the Card no longer exists when the items are returned, the price of the items will be credited to a new Card which will be sent by e-mail, to the e-mail address of the customer who made the purchase with the Card, for any refund for items purchased via https://peachesandcremeshop.com.

Furthermore, the refund of the items are subject to the store’s returns policy, and as such, they are deemed to be expressly accepted upon purchasing and/or using the Card.

15.  The Card is a bearer instrument. Its holder shall be solely responsible for the use and custody of the Card. A damaged, altered or cancelled Card will not be accepted as a method of payment by US and WE will not replace any Card that is lost, stolen or damaged except in accordance with your legal rights (for example, if the Card is defective or not of satisfactory quality at the time of delivery, or in the case of a change of format of the Card).

If a customer wants to buy a gift card for someone else, then they need to forward the gift card email to the recipient.

16.  If you have purchased a Virtual Card via https://peachesandcremeshop.com, WE will not be responsible for any failure or delay in delivery of the Card to its intended recipient if caused by events or circumstances beyond OUR reasonable control.

17.  Cards obtained through any unlawful means shall be null and void and they shall not be used to purchase items, nor will the remaining balance on the Card be refunded.

18.  The Card shall not be used for the purposes of advertising or promoting items or services marketed by any third party other than US without OUR prior written consent.

Return

19.  The balance on the Card cannot at any time be refunded or exchanged for cash.

In respect of any Card purchased online, the statutory right of cancellation exists within 14 days of the date of the Order Confirmation e-mail, for any Card which is as yet unused, and subject to the store’s returns policy. The price paid for the Card and its standard delivery costs (if any) will be refunded using the same means of payment used to purchase it. You must provide the order confirmation number in order to enable US to refund the balance of the Card.

Promotions

20. Discount codes or free shipping eligibility does not apply for gift cards. 

21.  WE reserve the right to amend these terms and conditions from time to time. The Card will be subject to the terms in force at the time the Card was purchased, unless any change in the terms is required to be made by law or governmental authority, or any non-material change in the terms is due to technological changes in our systems; in which case any potential changes will also apply to cards previously purchased.

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PEACHY PARTNERS PROGRAM OPERATING AGREEMENT

This Affiliate Program Operating Agreement (“Operating Agreement”) contains the terms and conditions that govern your participation in the Peachy Partners Affiliate Program (the “Program”). “We,” “us,” or “our” means Partner Website, that is Peaches&Crème K-Beauty and Skincare website and GoAffPro.com, the affiliate tracking software provider. “You” or “your” means you, the affiliate or the Peachy Partner. A “site” means a website. “Partner Site” means Peaches&Crème K-Beauty and Skincare website, the e-commerce/retail partner using the goaffpro affiliate tracking software. “Your site” means any site(s), any software application(s) and any Mobile Application (as defined hereinafter) that you link to the partner site. "Advertising Fees" means commissions earned for a successful and verified sale of product on the Partner Site by a customer using your referral link.

By checking the box indicating that you agree to the terms and conditions of this operating agreement, or by continuing to participate in the program following our posting of a change notice, revised operating agreement, or revised operational documentation on the partner website, you (a) agree to be bound by this operating agreement; (b) acknowledge and agree that you have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as expressly set forth in this operating agreement; and (c) hereby represent and warrant that you are lawfully able to enter into contracts (e.G., you are not a minor) and that you are and will remain in compliance with this operating agreement. In addition, if this operating agreement is being agreed to by a company or other legal entity, then the person agreeing to this operating agreement on behalf of that company or entity hereby represents and warrants that he or she is authorized and lawfully able to bind that company or entity to this operating agreement.

1. Description of the Program

The purpose of the Program is to permit you to advertise Products on your site and to earn advertising fees OR commissions for Qualifying Purchases (defined in Section 7) made by your end users. A “Product” is any item sold on the Partner Website, other than any products that are explicitly defined as excluded products here (collectively, “Excluded Products”). Product may also include certain services, if any, expressly included on the Affiliate Program Commissions Schedule. In order to facilitate your advertisement of Products, we may make available to you data, images, text, link formats, widgets, links, and other linking tools, and other information in connection with the Program ("Content"). Content specifically excludes any data, images, text, or other information or content relating to products offered on any site other than the Partner Site.

2. Enrollment

To begin the enrollment process, you must submit a complete and accurate online application to the Program. You must identify your site in your application. We will evaluate your application and notify you of its acceptance or rejection. We may reject your application in our sole discretion including if we determine that your site is unsuitable. Unsuitable sites include those that:

(a) promote or contain sexually explicit materials;

(b) promote violence or contain violent materials;

(c) promote or contain libelous or defamatory materials;

(d) promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;

(e) promote or undertake illegal activities;

(f) include any trademark of the Partner Site or its affiliates, or a variant or misspelling of the Partner Site or its affiliates, in any domain name, subdomain name, or in any username, group name, or other identifier on any social networking site; or

(g) otherwise violate intellectual property rights.

If we reject your application, you are welcome to reapply at any time. However, if we accept your application and we later determine that your site is unsuitable, we may terminate this Operating Agreement at any time in our sole discretion.

You will ensure that the information in your Program application and otherwise associated with your account, including your email address and other contact information and identification of your site, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Program and this Operating Agreement to the email address then-currently associated with your Program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.

3. Links on Your Site

After you have been notified that you have been accepted into the Program, you may display Special Links on your site. “Special Links” are links to the Partner Site that you place on your site in accordance with this Operating Agreement, that properly utilize the special “tagged” link formats we provide, and that comply with the Affiliate Program Linking Requirements Special Links permit accurate tracking, reporting, and accrual of advertising fees.

You may earn advertising fees only as described in Section 7 and only with respect to activity on the Partner Site occurring directly through Special Links. We will have no obligation to pay you advertising fees if you fail to properly format the links on your site to the Partner Site as Special Links, including to the extent that such failure may result in any reduction of advertising fee amounts that would otherwise be paid to you under this Operating Agreement.

If you wish to include Special Links in a software application designed and intended for use on mobile phones, tablets, or other handheld devices (“Mobile Application”), you must include the name of the Mobile Application and the link to your Mobile Application in your application to the Program. The suitability and other requirements of this Section 3 and the Mobile Application Policy will apply to Mobile Applications. We will evaluate your application and notify you of its acceptance or rejection. A Mobile Application that is accepted will be an "Approved Mobile Application" for the purposes of this Agreement.

Special Links displayed in Approved Mobile Applications may be served by the Affiliate API or Partner API(“Affiliate API”) or the Product Advertising API, including any Special Links displayed within an integrated web browser and must use the Affiliate ID we have assigned to you expressly for your Approved Mobile Applications.

4. Program Requirements

By participating in the Program, you agree that you will comply with the Affiliate Program Participation Requirements and all pages, schedules, policies, guidelines, and other documents and materials referenced in this Operating Agreement (collectively, “Operational Documentation”).

You will provide us with any information that we request to verify your compliance with this Operating Agreement or any Operational Documentation. If we determine that you have not complied with any requirement or restriction described on the Associates Program Participation Requirements page or any other Operational Documentation or that you have otherwise violated this Operating Agreement, we may (in addition to any other rights or remedies available to us): (a) withhold any advertising fees payable to you under this Operating Agreement,; (b) close any other accounts you may have or may open in the future, without payment of any advertising fees; (c) terminate this Operating Agreement, ; or (d) undertake all of the above actions.. In addition, you hereby consent to us:

• sending you emails relating to the Program from time to time;
• monitoring, recording, using, and disclosing information about your site and visitors to your site that we obtain in connection with your display of Special Links (e.g., that a particular customer clicked through a Special Link from your site before buying a Product on the Partner Site) in accordance with the Privacy Policy; and
• monitoring, crawling, and otherwise investigating your site to verify compliance with this Operating Agreement and the Operational Documentation.

5. Responsibility for Your Site

You will be solely responsible for your site, including its development, operation, and maintenance and all materials that appear on or within it. For example, you will be solely responsible for:

• the technical operation of your site and all related equipment;
• displaying Special Links and Content on your site in compliance with this Operating Agreement and the Operational Documentation and any agreement between you and any other person or entity (including any restrictions or requirements placed on you by any person or entity that hosts your site);
• creating and posting, and ensuring the accuracy, completeness, and appropriateness of, materials posted on your site (including all Product descriptions and other Product-related materials and any information you include within or associate with Special Links);
• using the Content, your site, and the materials on or within your site in a manner that does not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity or other intellectual property or proprietary rights);
• using the Content, your site, and the materials on or within your site in a manner that is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous or otherwise in any manner whatsoever;
• disclosing on your site accurately and adequately, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including us and other advertisers) may serve content and advertisements, collect information directly from visitors, and place or recognize cookies on visitors’ browsers; and
• any use that you make of the Content and the Peaches&Crème Marks, whether or not permitted under this Operating Agreement.

We will have no liability for these matters or for any of your end users’ claims relating to these matters, and you agree to defend, indemnify, and hold us, our affiliates and licensors, and our and their respective employees, officers, directors, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) relating to (a) your site or any materials that appear on your site, including the combination of your site or those materials with other applications, content, or processes; (b) the use, development, design, manufacture, production, advertising, promotion, or marketing of your site or any materials that appear on or within your site, and all other matters described in this Section 5; (c) your use of any Content, whether or not such use is authorized by or violates this Operating Agreement, any Operational Documentation, or applicable law; (d) your violation of any term or condition of this Operating Agreement or any Operational Documentation; or (e) your or your employees' negligence or willful misconduct.

6. Order Processing

We will process Product orders placed by customers who follow Special Links from your site to the Partner Site. We reserve the right to reject orders that do not comply with any requirements on the Partner Site, as they may be updated from time to time. We will track Qualifying Purchases (defined in Section 7) for reporting and advertising fee accrual purposes and will make available to you reports summarizing those Qualifying Purchases.

7. Advertising Fees

We will pay you advertising fees on Qualifying Purchases in accordance with Section 8 and the Affiliate Program Commissions Schedule. In the event any excess payment has been made to you for any reason whatsoever, we reserve the right to adjust or offset the same against any subsequent advertising fees payable to you under this Operating Agreement. Subject to the exclusions set forth below, a “Qualifying Purchase” occurs when (a) a customer clicks through a Special Link on your site to the Partner Site; (b) during a single Session that the customer adds a Product to his or her shopping cart and places the order for that Product no later than 89 days following the customer’s initial click-through; or (c) the Product is shipped to, and paid for by, the customer. 

A “Session” begins when a customer clicks through a Special Link on your site to the Partner Site and ends upon the first to occur of the following: (x) 7 days elapses from that click; (y) the customer places an order for a Product; or (z) the customer follows a Special Link to the Partner Site that is not your Special Link.

Qualifying Purchases exclude, and we will not pay advertising fees on any of, the following:

• Self-referral, that is, an affiliate making a purchase in the partner site using his/her own referral link and/or coupon;
• A purchase made by an affiliate in the partner site through a referral link and/or coupon of other affiliates;
• any Product that, after expiration of the applicable Session, is added to a customer’s Shopping Cart, or is streamed or downloaded by a customer, even if the customer previously followed a Special Link from your site to the Partner Site;
• any Product purchase that is not correctly tracked or reported because the links from your site to the Partner Site are not properly formatted;
• any Product purchased through a Special Link by you or on your behalf, including Products you purchase through Special Links for yourself, friends, relatives, or associates (e.g., personal orders, orders for your own use, and orders placed by you for or on behalf of any other person or entity);
• any Product purchased for resale or commercial use of any kind;
• any Product purchased after termination of this Operating Agreement;
• any Product order where a cancellation, return, or refund has been initiated; and
• any Product purchased by a customer who is referred to the Partner Site through any of the following:
• a Prohibited Paid Search Placement; or
• a link to the Partner Site, including a Redirecting Link, that is generated or displayed on a Search Engine in response to a general Internet search query or keyword (i.e., in natural, free, organic, or unpaid search results), whether those links appear through your submission of data to that site or otherwise.
• any Qualifying Purchase wherein you have offered any person or entity any consideration or incentive (including any money, rebate, discount, points, donation to charity or other organization, or other benefit) for using Special Links (e.g., by implementing any “rewards” or loyalty program that incentivizes persons or entities to visit the Partner Site via your Special Links).
• any Product purchased through a Special Link in a Mobile Application that was not an Approved Mobile Application or where the Special Link in an Approved Mobile Application was not served by the AMA API, Product Advertising API or other linking tools that we make available to you.
• any Qualifying Purchase, which takes place Malta, made through a mobile device or tablet wherein:
• the mobile application of the Partner Site is pre-loaded by the original equipment manufacturer ("OEM") on the device or tablet; or
• the mobile application of the Partner Site is installed through a maintenance release or firmware update or firmware based notifications sent by the OEM or the notification partner; or
• the mobile application of the Partner Site is installed from a source other than Google Play store or iOS App Store

“Prohibited Paid Search Placement” means an advertisement that you purchased through bidding on keywords, search terms, or other identifiers (including Proprietary Terms) or other participation in keyword auctions. “Proprietary Term” means keywords, search terms, or other identifiers that include the word “Peaches&Crème,” or any other trademark of Peaches&Crème or its affiliates, or variations or misspellings of any of those words (e.g., "Peaches&Cream"). “Redirecting Link” means a link that sends users indirectly to the Partner Site via an intermediate site or webpage and without requiring the user to click on a link or take some other affirmative action on that intermediate site or webpage. “Search Engine” means Google, Yahoo, Bing, or any other search engine, portal, sponsored advertising service, or other search or referral service, or any site that participates in any of their respective networks.

8. Advertising Fee Payment

We will pay you advertising fees on a monthly basis for Qualifying Purchases shipped in a given month. We will pay you on the 20th day following the end of each calendar month when the commission was earned, but we may accrue and withhold advertising fees until the total amount due to you is at least Eur 25.

The advertising fee payable to you is inclusive of all taxes including applicable service tax or goods and services tax or other tax or levy that you may be required to remit in connection with such services for which you will raise a valid invoice under applicable law(s) and regulations and report it in the returns within the prescribed time limit so that Partner Site can take input tax credit of the taxes paid. You undertake to comply with any of the applicable provisions of such law including but not limited to:

• timely issuance of GST compliant invoices;
• making the invoices available to Partner Site;
• depositing applicable taxes on a periodic basis; and
• correctly reporting them to the government under tax laws.

If at any time credit of taxes is denied or payment of taxes is sought from Partner Site or GoAffPro, due to, but not limited to, issuance of a deficient invoice, default in payment of taxes, inappropriate reporting in the returns filed or non-compliance of applicable laws and regulations by you, you shall indemnify Partner Site and GoAffPro against any denied credits or taxes recovered as well as any interest and penalties imposed on Partner Site and GoAffPro. We will not deduct or withhold taxes, levies or any similar amounts from the advertising fees payable to you and you will be responsible for declaring and reporting your earnings and taxes, and paying relevant taxes to relevant government authorities in your country of residence.  You hereby agree that you will not pursue any claim against the Partner site or any of its affiliates, and hereby waive all such claims you may now or in the future have, in respect of any taxes Partner Site and GoAffPro deposits with a relevant taxing authority pursuant to the this Operating Agreement.

9. Policies and Pricing

Customers who buy products through this Program are customers of the Partner Site with respect to all activities they undertake in connection with the Partner Site. Accordingly, as between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the Partner Site will apply to those customers, and the same may be changed at any time.

10. Identifying Yourself as an Associate

You will not issue any press release or make any other public communication with respect to this Operating Agreement, your use of the Content, or your participation in the Program. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to any charity or other cause), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Operating Agreement. You must, however, clearly state the following on your site: “[Insert your name] is a participant in the Peachy Partners Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to the partner site”.

11. Limited License 

1. Subject to the terms of this Operating Agreement and solely for the limited purposes of advertising Products on, and directing end users to, the Partner Site in connection with the Program, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to (a) copy and display the Content solely on your site; and (b) use only those of our trademarks and logos that we may make available to you as part of Content (those trademarks and logos, collectively, “Peaches&Crème Marks”) solely on your site and in accordance with the Affiliate Program Trademark Guidelines
2. All licenses set forth in this Section 11 will immediately and automatically terminate if at any time you do not timely comply with any obligation under this Operating Agreement or any Operational Documentation, or otherwise upon termination of this Operating Agreement. In addition, we may terminate the license set forth in this Section 11 in whole or in part upon written notice to you. You will promptly remove from your site and delete or otherwise destroy all of the Content and Peaches&Crème Marks with respect to which the license set forth in this Section 11 is terminated or as we may otherwise request from time to time.
3. Associates Program IP License (“License”)
1. By accepting the Operating Agreement, or by accessing or using the Product Advertising Content (as defined hereinafter), including the proprietary application programming interfaces and other tools (collectively, the “PA API”) that permit you to access and use certain types of data, images, text, and other information and content relating to Products (“Product Advertising Content”) which we may make available to you, you agree to be bound by this License.
2. Subject to the terms of this License and solely for the limited purposes of participation in the Associates Program in strict compliance with the Operating Agreement (including this License and the other Operational Documentation), we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to: (a) copy and display Product Advertising Content solely on your Site; (b) use only those of the Peaches&Crème Marks we make available to you as part of the Product Advertising Content, solely on your Site and in accordance with the Associates Program Trademark Guidelines, unless otherwise provided for in this Operating Agreement, and (c) access and use the PA API, Data Feed, and Product Advertising Content solely in accordance with the Specifications and this License.

12. Reservation of Rights; Submissions

Other than the limited licenses expressly set forth in Section 11, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to, and you do not, by virtue of this Operating Agreement or the License hereunder otherwise, acquire any ownership interest or rights in or to, the Program, Special Links, link formats, Content, PA API, Data Feeds, Product Advertising Content, any domain name owned or operated by us, information and materials on any Partner Site or the Associates Site, our and our affiliates’ trademarks and logos (including the Peaches&Crème Marks), and any other intellectual property and technology that we provide or use in connection with the Program (including any application program interfaces, software development kits, libraries, sample code, and related materials).

If you provide us or any of our affiliates with suggestions, reviews, modifications, data, images, text, or other information or content about a product or in connection with this Operating Agreement, any Content, or your participation in the Program, or if you modify any Content in any way, (collectively, “Your Submission”), you hereby irrevocably assign to us all right, title, and interest in and to Your Submission and grant us (even if you have designated Your Submission as confidential) a perpetual, paid-up royalty-free, nonexclusive, worldwide, irrevocable, freely transferable right and license to (a) use, reproduce, perform, display, and distribute Your Submission in any manner; (b) adapt, modify, re-format, and create derivative works of Your Submission for any purpose; (c) use and publish your name in the form of a credit in conjunction with Your Submission (however, we will not have any obligation to do so); and (d) sublicense the foregoing rights to any other person or entity. Additionally, you hereby warrant that: (y) Your Submission is your original work, or you obtained Your Submission in a lawful manner; and (z) our and our sublicensees’ exercise of rights under the license above will not violate any person’s or entity’s rights, including any copyright rights. You agree to provide us such assistance as we may require to document, perfect, or maintain our rights in and to Your Submission.

13. Compliance with Laws

In connection with your participation in the Program you will comply with all applicable laws of Malta including but not limited to ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you.

14. Term and Termination

The term of this Operating Agreement will begin upon our acceptance of your Program application and will end when terminated by either you or us. Either you or we may terminate this Operating Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon any termination of this Operating Agreement, any and all licenses you have with respect to Content will automatically terminate and you will immediately stop using the Content and Peaches&Crème Marks and promptly remove from your site and delete or otherwise destroy all links to the Partner Site, all Peaches&Crème Marks, all other Content, and any other materials provided or made available by or on behalf of us to you under this Operating Agreement or otherwise in connection with the Program. We may withhold accrued unpaid advertising fees for a reasonable period of time following termination to ensure that the correct amount is paid (e.g., to account for any cancelations or returns). Upon any termination of this Operating Agreement, all rights and obligations of the parties will be extinguished, except that the rights and obligations of the parties under Sections 5, 9, 10, 12, 13, 14, 16, 17, 18, 19, and 20, together with any accrued but unpaid payment obligations of us under this Operating Agreement, will survive the termination of this Operating Agreement. No termination of this Operating Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Operating Agreement prior to termination.

15. Modification

We may modify any of the terms and conditions contained in this Operating Agreement (and any Operational Documentation) at any time and in our sole discretion by posting a change notice, revised agreement, or revised Operational Documentation on the Partner Site or by sending notice of such modification to you by email to the email address then-currently associated with your Associates account (any such change by email will be effective on the date specified in such email and will in no event be less than two business days after the date the email is sent). Modifications may include, for example, changes to the Associates Program Advertising Fee Schedule, Associates Program Participation Requirements, payment procedures, and other Program requirements. If any modification is unacceptable to you, your only recourse is to terminate this operating agreement. Your continued participation in the program following the effective date of any modification (e.G., the date of our posting of a change notice, revised operating agreement, or revised operational documentation on the partner site or the date specified in any email to you regarding such modification) will constitute your binding acceptance of the change.

16. Relationship of Parties

You and we are independent contractors, and nothing in this Operating Agreement or the Operational Documentation will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates’ behalf. You will not make any statement, whether on your site or otherwise, that contradicts or may contradict anything in this section. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Operating Agreement, you will be deemed to have taken the action yourself.

17. Limitation of Liability

We will not be liable for indirect, incidental, special, consequential, or exemplary damages (including any loss of revenue, profits, goodwill, use, or data) arising in connection with this operating agreement, the program, operational documentation, the partner site, the goaffpro site or the service offerings (defined below), even if we have been advised of the possibility of those damages. Further, our aggregate liability arising in connection with this operating agreement, the program, the partner site, the goaffpro site and the service offerings will not exceed the total advertising fees paid or payable to you under this operating agreement in the twelve months immediately preceding the date on which the event giving rise to the most recent claim of liability occurred.

18. Disclaimers

The program, the goaffpro site, the partner site, any products and services offered on the partner site, any special links, link formats, operational documentation, content, peachesandcremeshop.Com & goaffpro.Com domain names and our affiliates’ trademarks and logos (including the peaches&crème marks), and all technology, software, functions, materials, data, images, text, and other information and content provided or used by or on behalf of us or our affiliates or licensors in connection with the program (collectively the "Service offerings") are provided "As is." neither we nor any of our affiliates or licensors make any representation or warranty of any kind, whether express, implied, statutory, or otherwise with respect to the service offerings. Except to the extent prohibited by applicable law, we and our affiliates and licensors disclaim all warranties with respect to the service offerings, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing, performance, or trade usage. We may discontinue any service offering, or may change the nature, features, functions, scope, or operation of any service offering, at any time and from time to time in our sole discretion. Neither we nor any of our affiliates or licensors warrant that the service offerings will continue to be provided, will function as described, consistently or in any particular manner, or will be uninterrupted, accurate, error free, or free of harmful components. Neither we nor any of our affiliates or licensors will be responsible for (a) any errors, inaccuracies, or service interruptions, including power outages or system failures; or (b) any unauthorized access to or alteration of, or deletion, destruction, damage, or loss of, your site or any data, images, text, or other information or content. No advice or information obtained by you from us or from any other person or entity or through the program, content, operational documentation, the peachesandcremeshop and goaffpro sites, or the affiliate-program site will create any warranty not expressly stated in this operating agreement. Further, neither we nor any of our affiliates or licensors will be responsible for any compensation, reimbursement, or damages arising in connection with (x) any loss of prospective profits or revenue, anticipated sales, goodwill, or other benefits, (y) any investments, expenditures, or commitments by you in connection with this operating agreement or your participation in the program, or (z) any termination of this operating agreement or your participation in the program.

19. Governing law and Disputes

This Operating Agreement will be governed by the laws of Malta, without regard to the principle of conflict of laws. The courts of Malta shall have the exclusive jurisdiction over any dispute relating or arising in any way from the matter under the Program or this Operating Agreement.

Notwithstanding anything to the contrary in this Operating Agreement, we may seek injunctive or other relief in any court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.

20. Miscellaneous

You acknowledge and agree that we and our affiliates may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Operating Agreement or operate sites that are similar to or compete with your site. You may not assign this Operating Agreement, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, this Operating Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Operating Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Operating Agreement. In the event of any conflict between this Operating Agreement and the Operational Documentation, the Affiliate Program Excluded Products page will control over this Operating Agreement, which will control over the remainder of the Operational Documentation. Whenever used in this Operating Agreement, the terms “include(s),” “including,” “e.g.,” and “for example” mean, respectively, “include(s), without limitation,” “including, without limitation,” “e.g., without limitation,” and “for example, without limitation.” Any determinations or updates that may be made by us, any actions that may be taken by us, and any approvals that may be given by us under this Operating Agreement, may be made, taken, or given in our sole discretion. Any information relating to us or our affiliates provided by us in connection with the Operating Agreement that is not known to the general public is considered ("Confidential Information"). You agree that: (a) all Confidential Information will remain GoAffPro's exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your performance under the Operating Agreement and ensure that persons who have access to Confidential Information will be made aware of and will comply with the obligations in this provision; and (c) you will not otherwise disclose Confidential Information to any individual, company, or other third party (other than your affiliates). You agree that we may, in our sole discretion, disclose or make available any information provided or submitted by you or related to your performance under this Operating Agreement to any judicial, quasi-judicial, governmental, regulatory or any other authority as may be required by us to co-operate and/ or comply with any of their orders, instructions or directions or to fulfill any requirements under applicable laws. You represent and warrant that you and your financial institution(s) are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.

MOBILE APPLICATION POLICY

These Mobile Guidelines (“Mobile Guidelines”) apply to your inclusion of Special Links in your Approved Mobile Application. "We," "us," or "our" means GoAffPro.com, its Partner Sites or any of its affiliates, as the case may be. "You" means the user agent for the associate account associated with the Approved Mobile Application. All capitalized terms used below that are not defined on this page have the meanings given to them in the Operating Agreement. Strict compliance with these Mobile Guidelines is required at all times, and any violation of these Mobile Guidelines will automatically terminate the Operating Agreement.

Your Mobile Application:

1. must be free to download and all Referral links must be accessible without paying for access;
2. must have original content;
3. must not emulate our Partner Site own shopping app functionality (if any);
4. must not have price tracking and/or price alerting functionality, unless approved in advance by GoAffPro or its Partner Site in writing;
5. must not host or render Partner site's web pages in WebViews.

We may modify this Mobile Application Policy at any time and in our sole discretion by posting a change notice or revised or a revised Mobile Application Policy on the GoAffPro or the Partner Site. If any modification is unacceptable to you, your only recourse is to terminate your participation in the program. Your continued inclusion of special links in your approved mobile application following our posting of a change notice or a revised mobile application policy on the partner site will constitute your binding acceptance of the change.

We reserve the right, exercisable in its sole discretion, to take appropriate action against any use without permission or any use that does not conform to this Mobile Application Policy.