Pineapple Rock Ltd is the owner of “Brands” THEGAYSHOP.co.uk, THEGAYUK.com, Nowtso.com, The Naked Rugby Players GaylyDeals.com, Tackle Magazine/ Calendar and The Pride Shop. These terms are between The Company “Pineapple Rock Ltd” its “Brands” and you, “The Customer”. We are a Company registered in England and Wales. Company number: 13072636. Our registered office is: 20-22 Wenlock Road, London N1 7GU
By using this or any of our Brand websites you are agreeing to the Terms and Conditions set out in this document. If you do not accept these terms, please do not use this Website.
Terms of Sale
This page tells you the legal terms and conditions by which we sell any Products on the site to you. Please note these Terms and Conditions only apply to the purchase of Products on our own Brand sites.
Please ensure to read these Terms and Conditions carefully and make sure that you understand them before ordering any Products from any of the sites. By placing an order, you confirm your acceptance of these Terms and Conditions.
You should print a copy of these Terms and Conditions or save them to your computer for future reference.
We reserve the right to amend these terms from time to time. Please check with this page every time you wish place an order with us to ensure that you are happy with the current terms of business.
We reserve the right to amend these Terms and Conditions of Business. This current edition was up-to-date on the 4th August 2020.
Contract
This contract is a legally binding document between Us, Pineapple Rock Ltd and You, “The Customer”.
Please note that Products are subject to availability. As there is a delay between the time when the order is placed and the time when the order is processed, the stock position relating to particular Product may change. If a Product becomes out of stock, we will notify you as soon as possible and you will be refunded where we have already taken payment.
We reserve the right to refuse an order for example if the Product you have ordered is unavailable or out of stock, if we are unable to obtain authorisation of payment, if there is an error in the product information including price or promotion or if we suspect fraudulent activity.
If we are unable to supply you with a Product in these circumstances, we will inform you of this by e-mail. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
If you are contracting as a consumer, you may cancel a contract at any time within fourteen days, beginning on the day after you received the products. Please refer to our returns policy for the latest updated version of how to obtain a refund.
Products on sale on our sites.
All photography is for illustrative purposes only. We do take every effort to display the colours and dimensions as close to real-life as possible. We cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
All sizes and measurements of Products are approximate; however, we do make every effort to ensure they are accurate as possible.
We take all reasonable care to ensure that all details, descriptions and prices of Products are as accurate as possible. We reserve the right to refuse orders where information about Products has been mis-published, including without limitation prices and promotions.
All our Products are sold on the basis that they are suitable for private domestic use only. Please contact us for further information if you intend using any Products in a business or public environment.
To that end, we are not liable for,
(a) loss of revenue or income;
(b) loss of actual or anticipated profits;
(c) loss of business; and
(d) indirect or consequential loss (and for the avoidance of doubt, we understand the words “consequential loss” to mean “consequential losses whether those losses are foreseeable, known, foreseen or otherwise”).
“Liability” means liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with these Terms of Sale (including liability expressly provided for under these Terms of Sale or arising by reason of the invalidity or unenforceability of any term of these Terms of Sale).
We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information is entered onto the Sites.
Prices for Products may change from time to time without notice. However, these changes will not affect orders that have already been dispatched.
The price of a Product includes VAT (or similar sales tax) (where applicable) at the prevailing rate for which we are responsible as a seller.
Please note that the prices listed on the site are only applicable for Products purchased on the site and not through any other source.
The price of a Product does not include delivery and returns charges. You will be provided with details of our delivery charges during the order process. If an order is placed and the Product is on pre order please be advised that your whole order won’t be shipped until the pre ordered Product comes into stock.
Please note that whilst we take utmost care in ensuring the content on the site (including descriptions of the Products and associated services such as shipping, payment terms, offers and promotions and delivery timescales) are accurate the site may at times contain typographical errors or other errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Where this affects an order that you have already placed we will notify you of the error if it will impact upon your order. In this regard, we reserve the right not to fulfil any orders that you have placed based on information on the site that may contain errors or inaccuracies.
Errors and Omissions
Occasionally there may be an error or omission related to the pricing or description of the Products we sell. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified or learning of them. We reserve the right to change, modify, substitute, suspend, or remove without notice any information related to Products for sale (including the Products themselves).
Post-purchase errors and omissions
Where we have made an error or omission and you have already purchased the Products:
(a) if the actual price of the Products is less than the stated price at the time you purchased the Products, we will charge you the lower price; or
(b) if the price of the Products is higher than the stated price, we will contact you and allow you the option to pay the correct (higher) price or cancel your order and receive a full refund.
Prices and Payments
The price payable for the Products shall be as shown on our Brand’s Websites. Prices advertised on the website include UK VAT but excludes delivery charges. Delivery charges are shown separately when you click through to the checkout page. You can check out shipping pricing here. Delivery charges must also be paid in advance.
Payment shall be made by you by the means specified on the website and shall not be deemed to be made until we have received cleared funds in respect of the full amount stated in the order.
Prices are subject to change without notice but changes will not affect orders which we have already accepted.
Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We are under no obligation to provide the product to you at the incorrect price, even after We have sent you a dispatch confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss-pricing.
Payment for all products must be by credit or debit card. We accept payment with Visa, Visa Debit, Mastercard, Solo, Maestro, Electron and Laser Card.
We offer the 3D Secure service which provides you with a safer shopping experience when using your credit card online. You can register for the service when you reach the checkout process or by contacting your card issuer directly. This is a one off-registration process and you will be able to use the same password when making future purchases with us. Please note, dependent on your card issuer we may not be able to process your order if you do not register and a different method of payment may be required to complete your purchase.
The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
All Products ordered remain our property until we receive full payment from you.
Promotions
Only one promotion code can be used per order, unless otherwise stated.
Charitable and foundation donations
Pineapple Rock Ltd and its brands work with a number of organisations. You will be made aware of a donation made to any organisation on your behalf at the time of sale. These donations form part of the sale and are not discretionary.
Delivery
For delivery information and terms please see our delivery pages.
Discount codes and offers
Official Pineapple Rock Ltd and its Brands Discount Codes entitle you to an extra percentage (specific to the Discount Code in question) off your next online order from the website. To claim your discount, when in Your Shopping Bag section of your account there is an option to “Apply Voucher”, which allows you to enter the promotional code in order to apply it to the order.
Discount Codes can only be used once per customer, cannot be used in conjunction with any other promotion or offer, remain our property and are not transferable. There is no cash alternative. All charitable products are excluded from promotions and offers. We reserve the right to withdraw and refuse or restrict discount codes and related offers on any order at any time.
Payment in alternate currencies can be enabled by selecting the appropriate flag in the dropdown currency selection menu at the top of the homepage.
Discount Codes can only be used on full-priced Products. Discount Codes are not valid on sale items, markdown items, lucky dip and charity products.
*Student Discount Codes are not valid on, outlet products, charity products and any brand new celebrity collaborations.
Please note that promotional and referral codes cannot be used on markdown products unless specified.
Returns and Cancellations
For our full returns policy please see our returns and refunds page.
General
Your use of the Site is governed by our Terms of Use. Among other matters, this details how you may use our name, logos and content on the Sites. Please take the time to read this carefully so that you are clear about how you may use the site. By using the site, you are confirming acceptance of the terms of our Terms of Use.
When you use the sites we will use your personal information in accordance with our Privacy Policy. Please take the time to read this carefully as it sets out how we will use information about you and how your information may be shared with third parties. By placing an order on and/or using the Site you are confirming acceptance of the terms of the Privacy Policy.
The Site uses cookies. Please review our Cookies Policy to see how we collect and use information collected by cookies on our Site. By using the Site you are confirming acceptance of the terms of our Cookies Policy.
If you are a consumer, you may only purchase Products from the Site if you are at least 16 years old. Otherwise you a parent or guardian must purchase Products from the Sites for you.
You agree not to use any Products purchased for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We only supply the Products for domestic and private use. If you are not a consumer you must obtain our prior written consent to purchase Products from the Site. Nothing in these Terms excludes our liability for death or personal injury caused by negligence, for fraud or any other liability that cannot be excluded or limited by law.
These Terms and any document expressly referred to in them, our Privacy Policy, Cookies Policy and Terms of Use constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.
You acknowledge that in placing an order and entering into a contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them including without limitation our Privacy Policy, Cookies Policy or Terms of Use. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on these terms.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by any act or event beyond our reasonable control.
We may transfer our rights and obligations under our contract with you to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
When you purchase Products from us, the contract formed is between you and us. No other person shall have any rights to enforce any of its terms whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms are governed by English law. This means your use of the Sites and any contract for the purchase of Products through the Sites, and any dispute or claim arising out of or in connection with the same will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction to settle any disputes arising out if these Terms or your use of the Sites.
Terms of Use
These Terms set out how you may use the Site and the content within them, whether as a guest or a registered user. Use includes without limitation accessing, browsing, or registering to use the Site or submitting any contributions (defined below).
These terms also set out how you may interact with us on our official social media accounts (including without limitation our accounts on Facebook, Twitter, Instagram, Snapchat and Youtube). Interacting in this context includes without limitation: joining our official Brands group/page, following us, “liking”, “retweeting”, or writing a comment in relation to a page, or submitting a Contribution (defined below) on the Social Media.
The Site and the Social Media shall together be referred to as the “Services” in these Terms.
Please also read our Terms and Conditions of Sale, which relate to your purchase of Products from the Sites and the Privacy Policy and Cookies Policy that relate to information collected during your use of the Services and other Pineapple Rock Ltd services.
Please read the Terms carefully before you start to use the Services. By using the Site and Interacting with us on the Social Media, you are agreeing to these Terms, the Privacy Policy, Cookies Policy and Terms of Sale (collectively “Our Terms”) and agree to comply with them. If you do not agree to Our Terms you must not use the Services.
You are also responsible for ensuring that all persons who access the Services through your internet connection are aware of Our Terms and that they comply with them.
We reserve the right to amend these Terms from time to time. The Terms were most recently updated on the 4th August 2020.
Your Account
When you register an account with Pineapple Rock Ltd (or any of its Brands) on our Site you will have to use an email and password to login. You must treat your Login Details as confidential information and you must not disclose your Login Details to any third party. Please see our Privacy Policy for details on how we will use the information you give to us.
We reserve the right to close / disable an Account if you are considered to be using proxy IPs (Internet Protocol Addresses) in order to attempt to hide the use of multiple accounts, or your use disrupts the services we provide in any way or if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
Intellectual Property Rights
The intellectual property rights in the Services (including without limitation the content and software used in the Services) remains our property or the property of or licensors (as applicable). These rights are protected by copyright, treaties and laws around the world and are expressly reserved.
Any use of the Services, including without limitation copying, storing in whole or in part, for a commercial use is prohibited without our prior written permission.
You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use.
You must not:
- Use any part of the content on the Services for commercial purposes without obtaining a licence to do so from us;
- Modify the paper or digital copies of any materials you have printed off or downloaded from the Services in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which is provided on the Services;
- Modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or accompanying documentation supplied by us or our licensors on the Services;
- Use or otherwise reproduce any of Pineapple Rock Ltd’s brands’ name and/or logos (or any marks which are colourably similar) without our prior written consent.
Our status (and that of any identified contributors) as the authors of content of the Services must always be acknowledged.
Your Interaction with us on the Social Media may involve you submitting content, a photo or video of you (“Your Content”). By Interacting with us on the Social Media you hereby grant us a non-exclusive, transferable, royalty-free, worldwide licence to use Your Content on the Social Media and on other sources notified to you on the relevant Social Media page. This includes without limitation a licence to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display Your Content (or any part of Your Content) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Use may also include sharing Your Content with trusted third parties.
If you print off, copy or download any part of the Services in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Limitation on Liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Services or any content on them, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Services or use of or reliance on any content displayed on the Services.
Please note that we only provide the Services for domestic and private use. You agree not to use the Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any content on the Services, or on any website linked to the Services.
We do not guarantee that the Services will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Services. You should use your own virus protection software.
Prohibitions
You must not misuse the Services.
You must not, in relation to the Services: introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or in breach of confidence or is any way offensive or obscene attack the site via a denial-of-service attack or a distributed denial-of service attack; commit or encourage a criminal offence; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights (including without limitation intellectual property rights); send any unsolicited advertising or promotional material / “spam”; attempt to affect the performance or functionality of any computer facilities access through the site hack into any aspect of the Services; and/or corrupt data. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use of the Services will cease immediately.
You must not use the Services for any commercial purposes (including without limitation using automated systems or software to extract data from the Services) without our prior written consent.
Severability
If any provision of these Terms of Sale is held to be unlawful, invalid or unenforceable, that provision shall be removed from the Terms of Sale without affecting the rest of the Terms of Sale. Where capable, the validity and enforceability of the remaining provisions of these Terms of Sale shall not be affected.
No waiver
No waiver by us of any breach of yours under these Terms of Sale shall operate or be construed as a waiver by us of any future breaches, whether of a like or different character. No delay by us in taking action in the event of your breach shall in any way release, discharge or otherwise affect your liability under these Terms of Sale.
Applicable Law
These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the English courts will have non-exclusive jurisdiction to settle any disputes arising out of or in connection with the Services.