Terms & Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which We sell any of the products (Products) listed on our website

Please read these terms carefully and make sure that you understand them before ordering any products from our site. By ordering products by Perky Pear® The customer agrees to these terms and other documents expressly referred to in them. The customer must read all information provided before ticking the box stating “I have read and I accept the Terms & Conditions of Sale” Failure to read and acknowledge any information before accepting the terms at the checkout and before applying the tape is not the companies responsibility.

Accepting these terms and conditions at the checkout holds the customer liable to read all of the information provided to you including safety disclaimers. In circumstances where a user has experienced an injury as openly described in our safety disclaimer, Perky Pear® is not legally obliged to offer compensation where the user has accepted the terms and conditions which include all possible risks outlined in this document. Users must have also read the extra skin safety guide enclosed with the product in each pack before choosing to apply the tape. A disclaimer to read enclosed safety leaflet is also to the back of the product packaging underneath the application images. Our customers must do this.

Neglecting any information provided online and a hardcopy is at the customer’s indiscretion. By accepting this document the customer accepts that alike all other adhesive products applied to the skin, an injury may occur with use under certain circumstances.

CONSUMER RIGHTS

PERKY PEAR® INC is both a UK registered company (company number: 10117088 ) and Perky Pear INC is a US registered company and subsidiary company of Perky Pear Ltd EIN:84-4777744

Perky Pear complies with UK consumer law including the Consumer Contract Regulations (valid from 13 June 2014). Our Terms and Conditions do not affect your statutory rights. Consumer Contract Regulations give you the right to cancel an order and under consumer law customers have a legal obligation to send back any goods that may already have been dispatched, up to 14 days from receipt. A refund or partial will be given when the items have been delivered back to Perky Pear. The goods should be returned in the original, unworn condition to PERKY PEAR® within 14 days of receiving the goods. Please see our returns page and returns policy to view your options.

Please note we now only use a tracked and signed for service for international orders. This service usually arrives within 10 working days (not including weekends). We can only process refunds for a lost parcel if your parcel has not arrived within 10 days after the timescale above. This is to allow for delays.

All despatch and operation times are stated clearly on our delivery information page.

PRIVACY NOTICE

BACKGROUND:

Perky Pear Ltd/INC understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all of our customers and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

1. Information About Us

Perky Pear Ltd UK company number: 10117088

Perky Pear INC USA EIN: 84-4777744

UK Registered address:

Perky Pear Ltd Pure Offices Brooks Drive, Cheadle Royal Business Park, Cheadle, Cheshire, England, SK8 3TD

USA Registered address:

Perky Pear Inc. c/o The Corporation Trust Company, 1209 Orange Street Wilmington, DE 19801

(please do not send post to this address it is not our trading address)

Our USA warehouse where your orders are fulfilled:

PERKY PEAR C/O ShipBob Inc, 4779 Hanoverville Road, Suite 200, Bethlehem, 18020

2. What Does This Notice Cover?

This Privacy Information explains how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.

3. What is Personal Data?

Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

The personal data that we use is set out in Part 5, below.

4. What Are My Rights?

Under the GDPR, you have the following rights, which we will always work to uphold:

11. The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 11.
12. The right to access the personal data we hold about you. Part 10 will tell you how to do this.
13. The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 11 to find out more.
14. The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we Please contact us using the details in Part 11 to find out more.
15. The right to restrict (i.e. prevent) the processing of your personal data.
16. The right to object to us using your personal data for a particular purpose or purposes.
17. The right to data portability. This means that, if you have provided personal data to us directly, we am using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
18. Rights relating to automated decision-making and profiling. We do not use your personal data in this way.
19. For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 11.

Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

If you have any cause for complaint about our use of your personal data, you have the right to complain with the Information Commissioner’s Office.

5. What Personal Data Do You Collect?

We may collect some or all of the following personal data (this may vary according to your relationship with us):

• Name;
• Address;
• Email address;
• Telephone number;
• Business name;
• Payment information:
• Any Information that is necessary and relevant to providing our service to you.

6. How Do You Use My Personal Data?

Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data may be used for one of the following purposes:

• Supplying our services to you. Your personal details are required for us to enter into a contract with you.
• Personalising and tailoring our services for you.
• Communicating with you. This may include responding to emails or calls from you.
• Supplying you with information regarding your service by email or post or telephone, that is relevant to you or your service.

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email or by post with information, news, and offers on our services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.

7. How Long Will You Keep My Personal Data?

We will not keep your personal data for any longer than is necessary for the reason(s) for which it was first collected. Your personal data will, therefore, be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

• Your information will be stored securely throughout the term of your service.
• And for a reasonable amount of time, for the sole purpose of our record-keeping, after ending your service.

8. How and Where Do You Store or Transfer My Personal Data?

We will only store or transfer your personal data in the UK. This means that it will be fully protected under the GDPR.

9. Do You Share My Personal Data?

We will not share any of your personal data with any third parties for any purposes, subject to one important exception.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

10. How Can I Access My Personal Data?

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 11.

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

We will aim to respond to your subject access request within and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

Cookies

This site uses cookies – Small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping baskets, and provide anonymised tracking data to third party applications like Google Analytics. As a rule, cookies will make your browsing experience better. However, you may prefer to disable cookies on this site and others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for all modern browsers

Social Media – We have social media channels in which our customers can engage with. All our social media posts allow the general public to comment. Their name is then visible on our social media channels and the information on their profile can be viewed by anyone clicking onto their social profile unless the individual has made their profile private. We are not responsible or have control over how these social media platforms use your data.

Google Analytics-Our website links to social media channels such as Facebook and Instagram. We use your data to sometimes send promotions via Facebook that are related to orders placed previously on our website. When an order has been placed on our website the customer has confirmed that their data is OK to be used in this way.

11. How Do I Contact You?

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please contact us by Electronic form here

12. Changes to this Privacy Notice

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

Updated 22nd May 2020

Card Payments, Security and Privacy

We accept most major credit cards. We can assure you that all of your information is kept safe and secure, from your online shopping basket to the goods arriving at your front door. A secure SSL encryption protects all your details during the shopping process and we do not pass on or use them with any third parties, companies and marketing organisations. All the details required are needed for no other reason than to fully process your order.

For remote addresses and international orders, your telephone number may be forwarded on to our couriers, to ensure receipt of your goods.

We update our stock frequently and if an item is out of stock it will be displayed as such on the site. If there is a problem with availability we will contact you within 24 hours of the order being made, in which case you have a choice of waiting until it is in stock. In any case, orders are not processed unless we have the item in stock and you may be refunded if the item is no longer available.

Discount codes

All our discount codes can not be used in conjunction with other codes and can not be used on sale items.

DISCLAIMER:

3a. All merchandise contained on this website is sold under the condition that we cannot guarantee the user freedom from injury. This website and the information, services, products and materials contained on are provided on an “as is” basis without any warranty. PERKY PEAR® Ltd/inc disclaims all representations and warranties, expressed or implied, as to the operation of the website and the information, services, products, and materials on this website, to the maximum extent permitted by applicable law. Under no circumstance will PERKY PEAR® Ltd/inc  be liable for damages of any kind arising from the use of this website or any goods or services obtained on this website, including direct, indirect, consequential, incidental, special or punitive damages (even if PERKY PEAR® Ltd/inc has been advised of the possibility of such damages), to the fullest extent permitted by law.

3b. The tape sourced and used by Perky Pear® Ltd/inc is extremely sticky to deliver a stronghold and amazing results but this also means instructions and cautions need to be thoroughly followed like any other product you adhere and apply to your skin there are risks involved.

3c. Do not use Perky Pear® Tape if you have been diagnosed with cancer as it may interfere with treatment and disease management strategies employed by your medical professionals. Please note that the use of adhesives may cause your skin to become lighter or darker where the adhesive was in contact with your skin. Do not use on broken skin, sunburns, rashes or if you have any skin pigmentation/disorders or if you’re breastfeeding or lactating

PERKY PEAR® SAFETY USE DISCLAIMER INFORMATION:

WE ALSO INCLUDE A TWO-SIDED SAFETY LEAFLET IN EACH OF YOUR PRODUCT PACKS WHICH YOU MUST READ BEFORE USE.

The tape material used by Perky Pear® is CE approved and safe to the skin, sourced from a credited and certified manufacturer in the medical industry. Perky Pear Ltd/INC does not individually own the material sourced. Please be aware that like any other product you apply to your skin there are always minor injury risks involved and we outline possible risks below and explain why this can happen. 99.9% of our users enjoy safe and easy use.

Application Safety:

• – Do not use two lifts layered on top of each other, this may cause the skin to overheat and may cause heat bubbles/blisters as below.
• – Perky Pear Ltd/inc asks customers not to cut or tamper with the product in any way as this can cause strain to the skin to the top.
• –Rubbing the tape can make the adhesive bond tighter through friction due to it being heat activated so please follow all instructions on the videos and instruction page here.
• -Do not pull the tape higher than the fleshier part of the breast bone/breast tissue.
• -The tape should be flat and smooth on the skin, any ruching can cause the tape to rub.

Removal Safety:

• – Always use an oil around the edges of the tape to help dissolve the adhesive when removing to stop any pull. Oil will dissolve the adhesive.
• -Start from the bottom corner and pull up gently taking it slowly. Do not peel down and away from the skin.
• – DO NOT  rip the tape off like a plaster from dry skin without oil or moisturiser, this can result in minor tearing and breaking of the skin resulting in abrasions. Pressing down on the tape whilst pulling is most effective and stops the pull to the skin.

Skin Over Heating and Warm Weather:

• –Do not apply on sunburnt skin and skin which has been exposed to the sun for long periods from sunbathing. Do not wear in direct sunlight, Users MUST NOT sunbathe in the tape at any costs or sit out in the sun wearing the tape as this may increase heat irritation and cause water blisters on rare occasions.
• -Please be extra vigilant if you are choosing to wear the tape to festivals or other daily events in the summer/in the sun. If you are hot then your skin will be warm also which can cause the adhesive to bond more tightly to the skin and increase the below chances of a water blister, see below.
• -Customers who choose to wear the tape on holiday, outside in the sun, or direct sunlight and warm stuffy environments such as clubs or crowded events must be aware of all risks. Heat blisters and abrasions occur only when the skin overheats as the adhesive glue in the tape is heat activated, see below for further detail.

Water Bubbles:

Skin can overheat when the tape is worn for prolonged periods or if the skin underneath the tape is getting hot and irritated. This can happen in any weather and circumstance but increases in warm weather and hot environments such as night clubs. When skin becomes hot, skin pores can swell which then fill with water as your pores try and cool down, this can result in small raised water bubbles on the surface of the skin which can tear when the tape is removed resulting in grazes. There is an even higher risk of this happening when wearing your tape in the sun. Risks are low but can happen due to the heat-activated adhesive.

Please seek medical advice if an injury does occur. Our help team has over 2 years experience with all products and will helpfully advise how this has happened but they are not qualified to give medical advice. Customers should not apply the tape until reading all of the safety information.

Red Marks/Bumps & Swirls:

Skin sensitivity can differ from person to person and on rare occasions where irritation occurs, users may experience temporary redness, raised bumps or slight skin discolouration on occasions after use and they can be in a swirly pattern because of the tapes adhesive backing in-print. It is normal to find redness or darker marks after removing the tape this occurs as the tape stimulates blood circulation to the area making the pores appear pink or darker. This is temporary and will fade as the skin cools and when the adhesive is removed from the skin (exfoliate gently after use). Bigger busts may experience this more due to the weight of the breasts, If you start to feel any itching it may be a sign that your skin is overheating or getting hot and irritated.

Irritation:

No Itchiness or irritation should be felt at all. If you start to feel irritation is can be a sign that the tape is pulling on your skin or your skin is getting too hot. You should not be able to feel the tape and the tape should not strain or pull on the skin. If this happens you may need to upsize for more support in the future. Your skin may be sensitive even if you are not allergic to acrylic and skin sensitivity can differ from person to person, if this is your first time wearing our products, wear for a maximum of 3-4 hours and see how your skin reacts. If you are not sure if you are allergic to acrylic please don’t use the product and seek medical advice first.

Skin Allergies:

Perky Pear® tape has a skin-friendly, thermoplastic medical-grade acrylic adhesive to one side. If you experience any itching, irritation, burning or discomfort, remove the tape immediately. If you are allergic to adhesive, acrylic, elastane or similar products such as band-aids (plasters), do not use Perky Pear® tape.

The tape sourced is CE approved and certified. If you are unsure of any allergies do not use the products and consult a doctor first if uncertain. If rashes occur due to allergic reactions Perky Pear Ltd/INC cannot be held responsible and it is the user’s responsibility to ensure safe use and read all information provided before continuing with the product.

Wear Time Safety Guide:

• Our tape will stay until peeled off however we have wear time guides for safe use.
• -First-time users, please wear for 3-4 hours to test how your skin reacts
• –Smaller sizes A-D – Wearing for 5-6 hours at a time is recommended.
• -Larger sizes DD+ we recommend a wear time of only up to 4/5 hours
• -Excessive wear time may cause more pulling to the skin leading to irritation.
  Wait 72 hours before wearing another set of Perky Pear® tape. We advise not wearing the tape again the next day as the skin will be sensitive.
• Always ensure adhesive from a previous set of Perky Pear tape is completely removed before applying the next set of tape. Adhesive residue may stay on the skin and can be removed using oil and a microfibre soft cloth using a circular rubbing motion.

Sizing Down Risks:

Perky Pear® recommends users wear their correct size lifts. If uncertain about sizes always go for the larger size bracket.

ATTENTION: Though extremely rare the tape sourced and used by Perky Pear® Ltd/INC is not completely exempt from causing blistering and marks. A small percentage of users may experience blisters. Perky Pear® Ltd/INC cannot guarantee users completely free from injury as skin sensitivity can differ between users.

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5. Perky Pear® LTD/INC cannot be held responsible for any injury caused. It is the customers responsibility to read all terms and conditions and watch all how to apply and remove videos before using the tape. By purchasing the products the customer accepts all possible damages and injuries that may occur and has agreed fully to the terms and conditions stated.

All information contained on this web site, including information relating to products and treatments, is for informational purposes only. It is often presented in summary or aggregate form.

Any links on this web site to web sites operated by third parties are provided for your convenience only. We are not responsible for the content and performances of these web sites or your transactions with them and our inclusion of links to such web sites does not imply any endorsement of the material on such web sites.

The full terms and conditions apply to orders placed on the www.usaperky.wpengine.com website. All safety disclaimers apply to our products sold on our website and our stockists’ website and stores.

DAMAGES AND SHORTAGES

Problems must be notified to the retailer Perky Pear within 30 days of receipt of goods for a replacement. In the event of damaged goods or shortages, customers must follow the returns procedure. Products must be unused and returned to Perky Pear Ltd and The Company will issue a replacement once all items have been inspected. Perky Pear will only refund the customers cost off returning an item if a shortage is found and a replacement is issued.

If The Company does not hear from the Customer within 30 days of receipt of goods with any problems outlined below, The Company may not be able to offer a refund or replacement item and it will be assumed your items were correct with no damages present. It is The Customers discretion to review their items within 30 days of receiving their items and notify The Company if there are any issues for the opportunity for The Company to rectify and replace all items.

WHAT IS CONSIDERED UNDER DAMAGES AND SHORTAGES?

Snags to the tape material, visible marks, missing items or if the wrong item has been sent in error. The company reserves the right to inspect all items before replacements can be issued. Shortages and damages do not apply where customers have stated that the tape did not stick, we cover this topic on our FAQ page

Perky Pear® breast lift & shape tape is legally protected and all designs including the shape of Perky Pear® breast lift tape are owned by Perky Pear® Ltd. If any attempt is made to infringe upon the design and shape of Perky Pear® breast lift & shape tape legal action will be taken.

6. Perky Pear® is a UK & USA protected Trade Mark and Word mark

The adhesive material sourced by Perky Pear Ltd/inc is medical grade and CE approved and used globally in the physiotherapy and athletic industries. Perky Pear Ltd/inc sources the material from a certified approved manufacturer and does not own the material used for our trademarked design.

The Company Perky Pear® Ltd/inc reserves the right to withhold services to a Customer at any time and refund items before despatch with prior notification of order cancellation.

Perky Pear® is not a medical tape and should not be used for any other purpose other than its intended use stated on www.usa.perkypear.com and on or in the product packaging. We do not authorise customers or anyone who accepts the terms as stated in this document to resell our products for business and commercial benefits. Any customers found to be reselling our products without our authorisation will be held accountable.

By accepting all terms and conditions the customer accepts all information and safety responsibility provided and all documents expressed within the terms.

We recommend to print a copy of these terms or save them to your computer or handheld device for future reference and your information.

The terms and conditions expressed in this document extend to all verified stockists selling Perky Pear® products.

7. Intellectual Property Rights

Perky Pear® www.usa.perkypear.com contents, including but not limited to, works, Products, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos and any other material published on Perky Pear® www.usaperky.wpengine.com including menus, web pages, graphics, colours, schemes, tools, the website’s fonts and design, diagrams, layouts, methods, processes, functions and software which are part of Perky Pear® www.usaperky.wpengine.com, and are protected by copyright and by all other intellectual property rights of Perky Pear® www.usa.perkypear.com and the relevant rights holders. The reproduction, wholly or in part, and any form whatsoever of Perky Pear® www.usa.perkypear.com and its products and contents is forbidden without Perky Pear® Ltd/inc www.usa.perkypear.com written consent. Perky Pear® Ltd/inc has the exclusive right to authorise or prohibit any reproduction, be it direct or indirect, temporary or permanent, or in any other manner or form, and in whole or in part, of Perky Pear® Ltd/inc and its contents. Anyone who is found to have purchased products from Perky Pear® www.usa.perkypear.com with the intention of resale or to replicate our products and violate our copyright and design rights will be prosecuted. Invoices may be used to prove intent where applicable and any infringers proof of purchase of our protected products where resale and replication has occurred. As far as the use of Perky Pear® Ltd/inc www.usa.perkypear.com is concerned, you are only authorised to view the website and its contents. You are only authorised to carry out temporary acts of reproduction (other than for commercial or business purposes), which are transient or incidental and an integral and essential part of viewing Perky Pear® Ltd www.usa.perkypear.com and its contents such as application video download links. You are also authorised to browse the website for the lawful use of Perky Pear® Ltd www.usa.perkypear.com and its contents. You are not authorised to reproduce Perky Pear® Ltd/inc www.usa.perkypear.com and its contents by any means or in any form, neither in whole or in part. Any reproduction must be authorised each time by Perky Pear® Ltd/inc in writing or, if necessary, by the authors of the work posted on the website. Such reproductions must be carried out for lawful purposes in compliance with the copyright and other intellectual property rights of Perky Pear Ltd/inc www.usa.perkypear.com and the customers of the images posted on the website. The individual authors of products and images published on www.usa.perkypear.com are entitled at any time to claim the authorship of their work and to object to any distortion or any other modification of the works, including any damage to the works which may harm their honour or reputation. You undertake to comply with the copyright of the customers who permit their images on www.usa.perkypear.com or who have cooperated with Perky Pear® Ltd/inc and www.usa.perkypear.com in the creation of new forms of expression or new artistic forms which are intended for exclusive or non-exclusive publication on the website or that are an integral part of it. On no account are you authorised to use, in any manner or form whatsoever, the contents of the website or any single products protected by copyright or any other intellectual property right. By way of example, you may not alter or modify content or any protected work without Perky Pear® Ltd/inc www.usa.perkypear.com consent and, where necessary, the consent of each person who appears in the images and or the rights owner.

3. Trademarks

Since 2016 Perky Pear® Ltd www.usa.perkypear.com has been and continues to be the exclusive owner of the logos and registered trademarks and wordmarks.  usa.perkypear.com and of any other sign which includes the word mark “Perky Pear” and the domain name “www.perkypear.com”. Perky Pear® Ltd/inc is the exclusive rights owner of all product designs and variations of the design as named Perky Pear® “Lift And (&) Shape Tape” and “Breast Lift Tape” and others owned by Perky Pear ltd/inc or Samantha Ryder and Shelly Stayer. Anyone found to violate this copyright will be prosecuted. Common Law Copyright protection protects our designs internationally and or in countries, we ship to and trade with worldwide. Anyone found to be replicating our products for commercial or business gain will be contacted by our legal team with a cease and desist notice.

You are not authorised, without the consent of Perky Pear® Ltd/inc and of any other owner of the registered trademarks posted on the website, to use such trademarks or protected designs for distinguishing products or services. Most of the trademarks posted on the website and concerning the products for sale on www.usa.perkypear.com are famous and well known to the general public and to each user of Perky Pear® Ltd/inc products. Any unlawful or unauthorised use of such trademarks is prohibited and entails serious legal consequences. Such trademarks and any other distinctive mark posted on www.usa.perkypear.com must in no way be used for obtaining an unfair advantage from their distinctive character or reputation or in such a way as to damage them and their owners.