Online Retailing/Mail Order – Terms and conditions
By using our website, placing an order for products electronically you confirm your agreement to our terms and conditions.
Conditions
1. Any order for products placed by customers through our website shall be subject to these terms and conditions
2. All other terms and conditions expressed or implied by statute or otherwise, are excluded to the fullest extent permitted by law
3. Nothing in these terms and conditions shall affect the statutory rights of any consumer
Orders
4. All orders for products shall be deemed to be an offer by the customer to purchase products pursuant to these terms and conditions
5. The customer shall be responsible for ensuring the accuracy of the details provided on the order form and we will not be obliged to accept an order unless all details requested have been entered correctly and you are 16 or over.
6. No order submitted by the customer shall be deemed to be accepted by us unless and until we confirm acceptance of your order. The order will be processed once payment for the order is received. All orders are subject to availability
7. We are entitled to refuse any order placed by you and will not be required to provide an explanation
Products
8.The products may differ slightly from the images shown on the website. This may be caused by your display settings on your computer/device. Sizes and measurements are approximate only.
9. Each item is made to order in our studio. We will dispatch your order within one/two weeks of receiving your order unless otherwise stated in the product description.
Price and Payment
10. The price of the products will be the price quoted on the website at the date the order is received and will include VAT. A list of countries that we deliver to together with details of delivery charges can be found in our shipping information.
11. We reserve the right, by giving notice to the customer at any time before delivery to increase the price of the products to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labor, materials or other costs of manufacture)
12. In the unlikely event of there being such an increase in the price of the products, the customer shall be entitled to cancel the order at any time before delivery
Payment
13. When we provide any products to the customer under these terms and conditions, payment will be charged to the credit card account provided by you on the website order form
14. By placing an order you, the customer, consent to payment being charged to your credit/debit card/Paypal account (or other permitted payment method) as provided
15. Title to the products will pass to the customer on payment in full of the price of the products
16. We will issue you with an electronic receipt to your email address once the transaction is completed
Your Warranty
17. The customer warrant that all details provided on the order form for the purpose of purchasing the products are correct, that the credit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the products
Limitation of Liability
18. We will use all reasonable endeavors to carry out its obligations within a reasonable period of time but will not be liable to you, the buyer for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations in relation to this Agreement, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control:
19.1.1 Act of God, explosion, flood, tempest, fire or accident;
19.1.2 War or threat of war, sabotage, civil disturbance or requisition;
19.1.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
19.1.4 Import or export regulations or embargoes;
19.1.5 Strikes, lock outs or other industrial actions or trade disputes;
19.1.6 Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
19.1.7 Power failure or breakdown in machinery
If we are prevented from carrying out is obligations in the above circumstances, it will notify you in writing. If we are still prevented from carrying out its obligations 3 weeks from the dated such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform
20. Except where you, the buyer are dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the products
21. Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of products other than as a result of a breach of an obligation arising under the Sale of Products Act 1979 (as amended) and the Supply of Products and Services Act 1973.
Website
22. We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavors to correct errors and omissions as quickly as practicable after becoming aware or being notified of these
23. All drawings, photographs, descriptive matter and specifications of the products on the website are for the sole purpose of giving an approximate description of the products
24. We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability
Intellectual property right and right to use
25.You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors.
26. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose.
27. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
General
28. We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website
29. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected
30. English law will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the English courts
31. The headings in this Agreement are for convenience only and will not affect their interpretation.
Returns and Exchange
We are not offering returns or exchanges at this time.
CANCELLATIONS
If you wish to cancel an order, please contact us, and if the order has not been dispatched we will process your refund immediately. If the order has been dispatched you will need to return the item(s) as standard once received.
SHIPPING
We’ll send you your new Mimi Wade pieces from our online shop to the shipping address you’ve provided us with at the check out!
All items shipped to the UK are sent using Royal Mail first class recorded. We will dispatch your order within one week unless otherwise stated in the product description. Please note all our deliveries are approximate and unfortunately we can’t promise you that your Mimi Wade order will arrive at a specific date.
If we just aren’t able to deliver your products by the date quoted for delivery then you are entitled to cancel the order at any time before the delivery takes place. If you place an international order, we can’t be responsible for delays caused by customs and if we haven’t delivered your order within four weeks from the first date of delivery you have the right to cancel the order (but please allow more time for delivery around Christmas and during busy sales times).
For security reasons, all orders must be signed for upon delivery.
We aren’t liable for incomplete deliveries however they may be caused, but we will make sure you receive the missing pieces as soon as we are able to do so! If we haven’t delivered the outstanding pieces within four weeks from the first date of delivery, then you are entitled to cancel the outstanding pieces from your order.
Taxes and duties
If your order is being shipped to Australia, Canada, Japan, Kuwait, Saudi Arabia, Singapore, UAE, USA, Qatar and other countries that are outside of the EU then you may need to pay customs duty and other import taxes and duty charges in order to receive your Mimi Wade online shop order.
The shipping company will contact you by phone to let you know that your online shop order is being held at your country’s customs centre and that you’ll need to make a payment to the local authorities. There could be a delay in delivering your order if you don’t pay the charges immediately. Paying any customs duty, import taxes and duty charges are your responsibility, and the local authorities will hold your order until you have paid the charges. Once you have paid your online shop order will be delivered to you.
If for any reason you don’t pay the import or duty charges, then Mimi Wade have the right to charge you for any additional costs that might be charged to us because of this.
We are able to deliver to most global locations but if you do not live within the United Kingdom, or any of the destinations listed below, then just send us an email at mimi@mimiwade.com and we’ll check if we are able to ship also to your country.