Terms & Conditions
For the Avoidance of Doubt
Any reference to “Pinkomate”, “us”, “we” or “our” in these Terms refers to the relevant operating Pinkomate entity. Any reference to “you” or “your” refers to the visitor and/or user of a Pinkomate website and/or purchaser of a Pinkomate product from a Pinkomate website.
User Access and Website Usage
It is a condition of a user accessing and using a Pinkomate website, including all interactive features, chatbots, widgets, blogs, social networks and social network pages, the Pinkomate Pleasure Guide, and other online or wireless offerings (the “Website(s)”) that Pinkomate disclaims all warranties in respect of the same whether express or implied in relation to the material published on the Website. Your statutory rights as a consumer are not affected.
This page (together with any policy or other document referred to herein) provides information about Pinkomate and the legal terms and conditions on which we interact with you as well as market and sell any of the products listed on the Website. These terms and conditions (the “Terms”) will apply to you when using the Website as well as to any contract between you and us for the sale of products to yourself. Please read these Terms carefully and make sure that you understand them. By accessing, browsing, ordering products, or registering for, or otherwise using the Website, you acknowledge that you have read and understood these Terms and that you accept and agree to be bound by them in full. If you do not agree to these Terms, then do not use the Website or any portion thereof, and you will not be able to order any products from the Website.
We reserve the right to amend these Terms from time to time. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms on the Website. You should review these Terms often to stay informed of changes that may affect you, as your continued use of the Website signifies your continuing consent to these Terms.
Pinkomate reserves the right to do any of the following at any time without notice:
(i) modify, suspend, or terminate operation of or access to the Website, or any portion thereof, for any reason;
(ii) modify or change the Website, or any portion thereof, and any applicable policies or terms; and
(iii) interrupt the operation of the Website, or any portion thereof, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.
Age of Consent
The Website is not available for use by persons under the age of 18. By accessing the Website and placing an order on the Website, you declare that you are at least 18 years of age. If we discover that you are not at 18 years of age, we reserve the right to cancel your order.
Pinkomate A.I.ssistant
Some of our Websites provide for the shopping assistant “Pinkomate A.I.ssant” that helps you identify your interests and preferences for an enhanced shopping journey.
You acknowledge and understand that the Pinkomate A.I.ssant is no human advisor, but an AI-based tool that uses data and algorithms to provide product guidance. Despite continuous efforts to improve and optimize the Pinkomate A.I.ssant and its underlying AI-system, there are, by nature, inherent limitations due to biases, inaccuracies, subjectivity and other reasons. This might influence or drive any recommendation by the Pinkomate A.I.ssant.
By using the Pinkomate A.I.ssant virtual Pinkomate A.I.ssant, you understand and agree that:
We provide the Pinkomate A.I.ssant “as is” and we make no promise or guarantees about the Pinkomate A.I.ssant or its responses to your Inputs. The Pinkomate A.I.ssant may not always be accurate and you should not rely on the Pinkomate A.I.ssant as the source of truth or factual information. You must evaluate the responses generated and returned from the Pinkomate A.I.ssant before further using or relying on the responses. To the extent that you rely upon Pinkomate A.I.ssant’s responses (including, without limitation, by purchasing a product recommended by the Pinkomate A.I.ssant) you acknowledge that you do so entirely at your own risk.
You acknowledge that the pricing and product descriptions provided by the Pinkomate A.I.ssant may not be correct and are not a binding offer for sale. You cannot rely on pricing or product descriptions provided by the Pinkomate A.I.ssant and have the obligation to independently verify the price of the product and its features, functions and capabilities on the webpage that we make product available for purchase. We are not obligated to supply products to you at the price quoted by the Pinkomate A.I.ssant.
You are responsible for any information that you input via prompts into the Pinkomate A.I.ssant Pinkomate A.I.ssant (“Input”), including for ensuring that it does not violate any applicable laws or these Terms. You represent and warrant that you have all rights, licenses and permissions needed to provide such information into the Pinkomate A.I.ssant.
You agree to indemnify and hold Pinkomate and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to OpenAI, harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of your use of the Pinkomate A.I.ssant, your Input or any violation of these Terms.
Pinkomate Pleasure Guide
Some of our Websites provide for the shopping assistant “Pinkomate Pleasure Guide” that helps you identify your interests and preferences for an enhanced shopping journey.
You acknowledge and understand that the Pinkomate Pleasure Guide is no human advisor, but an AI-based tool that uses data and algorithms to provide product guidance. Despite continuous efforts to improve and optimize the Pinkomate Pleasure Guide and its underlying AI-system, there are, by nature, inherent limitations due to biases, inaccuracies, subjectivity and other reasons. This might influence or drive any recommendation by the Pinkomate Pleasure Guide.
By using the Pinkomate Pleasure Guide virtual Pinkomate Pleasure Guide, you understand and agree that:
We provide the Pinkomate Pleasure Guide “as is” and we make no promise or guarantees about the Pinkomate Pleasure Guide or its responses to your Inputs. The Pinkomate Pleasure Guide may not always be accurate and you should not rely on the Pinkomate Pleasure Guide as the source of truth or factual information. You must evaluate the responses generated and returned from the Pinkomate Pleasure Guide before further using or relying on the responses. To the extent that you rely upon Pinkomate Pleasure Guide’s responses (including, without limitation, by purchasing a product recommended by the Pinkomate Pleasure Guide) you acknowledge that you do so entirely at your own risk.
You acknowledge that the pricing and product descriptions provided by the Pinkomate Pleasure Guide may not be correct and are not a binding offer for sale. You cannot rely on pricing or product descriptions provided by the Pinkomate Pleasure Guide and have the obligation to independently verify the price of the product and its features, functions and capabilities on the webpage that we make product available for purchase. We are not obligated to supply products to you at the price quoted by the Pinkomate Pleasure Guide.
You are responsible for any information that you input via prompts into the Pinkomate Pleasure Guide Pinkomate Pleasure Guide (“Input”), including for ensuring that it does not violate any applicable laws or these Terms. You represent and warrant that you have all rights, licenses and permissions needed to provide such information into the Pinkomate Pleasure Guide.
You agree to indemnify and hold Pinkomate and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to OpenAI, harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of your use of the Pinkomate Pleasure Guide, your Input or any violation of these Terms.
Order Acceptance
All orders made by you through the Website are subject to acceptance and availability. We may choose not to accept your order for any reason.
Prices of products are correct at the time of entering information, however, we reserve the right to change prices without prior notice (although we will inform you if any such price change affects your order). Only when Pinkomate accepts your order by sending you a confirmation email that your order has been dispatched a contract will have been created between yourself and Pinkomate.
Right of Withdrawal (Cooling-Off Period)
If you are an EU or UK consumer, you have the statutory right to withdraw from your order within fourteen (14) days without giving reasons. The withdrawal period is fourteen (14) days from the day on which you or a third party indicated by you who is not the carrier took physical possession of the last partial shipment or the last item.
The right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
For details please see the Instructions on Withdrawal.
In addition to the statutory right to withdraw, Pinkomate voluntarily offers special return terms, including a return period of 60 days. For details please see our Returns Policy.
Returns
Regional returns policies will apply, please see our Returns Policy for more information.
Email Marketing
Information relating to the Pinkomate Group email marketing sent to customers can be found in our Privacy Policy.
Privacy
Pinkomate takes data handling and processing very seriously, so that your information is held securely and used in a manner as authorised by yourself. As a minimum the relevant laws and regulations of your country shall apply to the way we handle and process your data.
Our Privacy Policy explains how we collect, use and store your personal information, including who we may share it with; how long we keep it; the circumstances in which we, or others, may contact you (including sending you advertising and marketing messages); and the rights you have in relation to your personal information.
We also use cookies or similar technologies to store certain types of information each time you use our site. You can find out more information about how we use cookies and other similar technologies in our Cookies Policy.
Fraud Prevention
Pinkomate takes fraud very seriously and we do everything in our power to prevent fraud from occurring. If false or inaccurate information is provided and fraud is identified, details will be passed on to fraud prevention agencies.
Pinkomate has fraud prevention software services that we use in order to prevent fraudulent purchases and practices, these are in place to protect both the customer and Pinkomate.
Use Of Internet Bots
We only permit the use of low impact software applications that run automated scripts (internet bots) on the Websites which comply with our current bot policy and for which we have given permission (“Permitted Bots”). All other internet bots are unauthorised bots and are not permitted to be used on any of our Websites.
Pinkomate employs sophisticated and best practise fraud and bot prevention solutions. Examples of unauthorised bots include those internet bots that use an excessive amount of hosting resources, automatically add items to basket without our prior consent, or impact the shopping user experience for other customers.
Pinkomate reserves the right to block any unauthorised bots from our websites (either ourselves and/or through third parties such as security fraud prevention services), and to immediately suspend or close any accounts which we reasonably suspect of using unauthorised bots.
Users agree to indemnify us against all losses, costs and expenses that Pinkomate incurs in connection with the breach of these rules relating to the use of internet bots on the Websites.
Copyright
You understand and agree that, as between you and us, any material found within the pages of the Websites, including, but not limited to information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, or logos are the property of Pinkomate and may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial use. You hereby agree not to adapt, alter or create any derivative work from any of the material contained in this site.
Disclaimer
Pinkomate provides the Website on an 'as is' basis and, to the extent legally possible, without warranties, representations or guarantees of any kind, express or implied, and does not warrant that the functions contained in and the material on the Website will be uninterrupted, error or defect free, that any defects will be identified or corrected, or that the Website or the server that makes it available are free of viruses or bugs. Further Pinkomate does not represent the full functionality, accuracy, reliability of the materials on the Website.
In addition and to the extent legally permissible, Pinkomate makes no (and disclaims all) representations or warranties of any kind, express of implied, with respect to the Website or the information or content included on it, including any implied warranties of merchantability, title, fitness for a particular purpose or non-infringement. This disclaimer does not affect your statutory rights in relation to the provision of goods.
Notwithstanding any reference to “health advice” on the Website, nothing on the Website is intended to provide medical diagnosis, medical care, or be considered a replacement for medical advice.
Limitation of Liability
Pinkomate will not be liable for any use of the Website (including any ordering of products) that results in:
a) losses that were not foreseeable to both parties;
b) losses that were not caused by Pinkomate;
c) business losses and/or losses to non-consumers;
d) losses that result from use of, or reliance on, the Website, including without limitation the Pinkomate Pleasure Guide;
e) losses that result from any defamatory, offensive, or illegal conduct by you.
If Pinkomate is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms or the Website, Pinkomate’s cumulative, aggregate, and maximum liability for all such claims and other matters in any calendar year shall not exceed GBP 100.00 (respectively such amount in the local currency).
We do not in any way exclude or limit our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) if applicable, any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
d) if applicable, any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples; and
e) if applicable, defective products under the Consumer Protection Act 1987.
In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the aggregate liability of Pinkomate shall be limited in accordance with these Terms to the fullest extent permitted by law.
You agree to use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party, such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Website. You understand that we may immediately revoke your access to the Website if you are in violation of these restrictions.
Submitting reviews, forum messages and photographs to Pinkomate
These Terms govern your conduct associated with the reviews and ratings, forums and photographs submitted to the Website. To the extent of any conflict between the Pinkomate Privacy Policy and these Terms, these Terms shall prevail in particular with respect to the submission of reviews and ratings, forums and photographs submitted to the Website.
In order to submit content to the Website, you must set up an account (including establishing a login ID and password). You must ensure that the details provided by you on registration or at any time are correct and complete. Please inform us of any changes to your information by updating your personal details to ensure that our records are correct. You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify Pinkomate immediately upon learning of any unauthorized access or use of your account, login ID, or password or any other unauthorized access or breach of security. However, you may be held liable for losses incurred by Pinkomate or any other person or entity due to another person using your account, login ID, or password. We reserve the right to suspend or terminate, with or without notice, your account in the event that you breach these Terms or in case of a security issue.
By submitting any content to the Website, you represent and warrant that:
You are the sole author of the intellectual property rights thereto:
1. all “moral rights” that you have in such content have been voluntarily waived by you;
2. all content that you post is accurate;
3. you are at least 18 years old;
4. use of the content you supply does not violate these Terms and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content:
1. that is known by you to be false, inaccurate or misleading;
2. that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
3. that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
4. that is, or may reasonably be considered to be, threatening, abusive, vulgar, obscene, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
5. for which you were compensated or granted any consideration by any third party;
6. that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
7. that contains any computer viruses, worms or other potentially damaging computer programs or files;
8. that contains any images or descriptions of persons below the age of 18.
You agree to indemnify and hold Pinkomate and its officers, directors, agents, subsidiaries, affiliates, joint ventures, employees and third-party service providers, including but not limited to Trust Pilot, harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, content or information that you submit, post to, or transmit to the Website, or your violation of these.