TERMS & CONDITIONS
These Terms & Conditions (together with any documents referred to in it) tells you the terms and conditions (the 'Conditions') upon which we will sell the Goods and supply our Services to you. You may print a copy for future reference.
Business Day: a day other than a Saturday, Sunday or public holiday when banks in London are open for business.
'Event Outside Our Control' has the meaning given in clause 15.
'Goods' means the goods listed on our website ('the Website') which we may supply.
'Services' means the services listed on the Website which we may supply.
Before confirming your order please read through these Conditions and in particular our cancellations and returns policy at clause 11 and limitation of our liability and your indemnity at clause 13.
By ordering any of the Goods or Services or Goods and Services, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions.
2. ABOUT US
This Website is owned and operated by Nicola Smith trading as “Shades of Mia Mina” (“We”, “Us”, “Our”), and whose address is located at 2 Knights Close, Willenhall, Wolverhampton WV13 1NG, United Kingdom.
Our telephone number is 07428349228 (International Non-UK dial +44 (0) 742 83 492 28).
Our email address is: email@example.com
3. INTERNATIONAL ORDERS
We may accept orders from individuals located outside the United Kingdom and ship overseas subject to you paying any additional shipping or postage costs required. Postage within the UK is free of charge.
We will inform you of any additional shipping or postage costs at the time you place the order. This is calculated automatically by our site integration. If you do not wish to pay these costs you may cancel your order.
Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
If we agree to supply any goods ordered from the Website for delivery outside the United Kingdom, they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including VAT and the cost of delivery (in the case of goods). Please note that we have no control over these charges and cannot predict their
Please contact your local customs office or taxation authority for further information before placing your order.
4. ELIGIBILITY TO PURCHASE FROM WEBSITE
To be eligible to purchase the Goods and lawfully enter into and form a contract with us, you must be 18 years of age or over, and you must live in one of our serviced countries.
Currently we will not accept orders or arrange any deliveries to the following countries;
Iran, Iraq, Syria, Korea, Sudan, Cuba, Burma/Myanmar, The Crimean Peninsula including Sevastopol.
The prices of the Goods are quoted on the order page. Prices and any other charges quoted on the order page are based on delivery of the Goods
in the United Kingdom unless otherwise specified.
Unless otherwise stated, the prices quoted include VAT.
Payment will be made by the methods shown on our website. By placing an order, you consent to payment being charged to your debit/credit card account or PayPal account as provided on the order form.
If you pay us by credit or debit card or PayPal account we will take payment from your card or PayPal account for the Goods when we dispatch the Goods to you.
You must pay 100 percent of the price of the goods in advance. If you pay us by credit or debit card or PayPal account we will take payment from your card or PayPal account in advance for the advance payment. We will take payment for the balance when we have sent you an invoice for the Goods after we have performed Our Services.
You must pay the amount of our invoice within 7 days of the date of invoice.
We shall contact you should any problems occur with the authorisation of your card or payment through your PayPal account.
6. ORDER PROCESS AND FORMATION OF CONTRACT
Our Website, catalogue and brochure merely illustrate our Goods and the packaging of the Goods. Your computer may not accurately display the colours of the Goods. Although we aim to accurately depict our Goods and their packaging, there may be differences between the packaging and the colours of the Goods delivered to you and those shown on our Website and in our catalogue and brochure.
All orders are subject to acceptance and availability. If we are unable to supply you with the Goods in your order due to matters such as unavailability of stock, materials, key staff or an Event Outside our Control or because we have identified a mistake in the description of the Goods or the price stated by us, we will notify you. We will not proceed with the order and will refund any sums you have paid us.
If the Goods are temporarily unavailable, we will notify you by email of the date they are expected to be available. You will have the option either to wait until they are available or to cancel your order. If you cancel your order, we will refund any sums you have paid us.
Any order placed by you for the Goods an offer to purchase them from us. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods
A 'Order Confirmation Notice' means an email which we send to you to confirm that we have dispatched the Goods and/or shall be providing the requested Services. A Confirmation Notice will be our acceptance of the offer made in the order to which that Confirmation Notice relates.
A contract between you and us for the supply of the Goods (the 'Contract') incorporating the version of these Conditions in force at the time of your order will come into existence when we send you the Confirmation Notice relating to your order. You may print and keep a copy of the Confirmation Notice for future reference.
If you think that there is a mistake in the Confirmation Notice or if you wish to make any changes, please contact us to discuss this. If you request a change, we will tell you if that is possible and about any changes to the price, delivery or performance dates or any other changes that we need to make as a result of your request. We will ask you if you wish to go ahead with the change.
We may make
- minor technical adjustments to the Goods to improve them or to comply with relevant laws and regulatory requirements,
- changes to these Conditions as a result of changes in any relevant laws and regulatory requirements,
- changes to these Conditions as a result of changes in how we accept payment from you,
- changes in the amount payable by you to the extent of any changes in the VAT included in the price or payable in relation to the price.
If we make any changes in accordance with clause 8.9 we will give you written notice of the changes before we supply the Goods. You can choose to cancel the contract if the change would be significantly to your disadvantage.
Any variation to these Conditions which have been incorporated into the Contract or to the Contract other than those mentioned in clause 8.9 shall only be binding when agreed in writing and signed by you and us.
7. RISK & TITLE
The Goods will be at your risk from the time of delivery.
Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including VAT and the cost of delivery.
8. CANCELLATIONS & RETURNS
Cancelling before Confirmation Notice (UK only)
You may cancel your order for the Goods by notifying us of your decision to cancel at any time prior to us sending you a Confirmation Notice.
You may notify us of your decision to cancel by contacting us by telephone, email or regular post at the addresses shown above.
You are required give us;
- a fully completed cancellation form found on our Website, or
- a statement that you wish to cancel quoting your name, address, the name or a description of the Goods and your order reference number.
Cancellation after Confirmation Notice
If the Contract is for the supply of Goods only or Goods with the main purpose being the supply of Goods (such as the supply of a washing machine with an installation service) the 'Cancellation Period' means the period between the date we send you a Confirmation Notice and the expiry of 14 calendar days after the day you receive the Goods.
If the Contract is for the supply of Goods with the main purpose being the supply of Goods and you wish us to begin to supply Our Services before the expiry of the Cancellation Period you must request us to do this.
If the Contract is for the supply of Goods);
- the 'Cancellation Period' means the period of 14 days starting with and including the day after we send you a Confirmation Notice.
- if you wish us to begin the supply of the Goods during the Cancellation Period, you must request us to do this and you must acknowledge that you will lose the right to cancel once Our Services have been fully performed.
- Unless the supply of Goods have been fully performed under the Contract in accordance with your request and acknowledgement you may cancel the Contract within the Cancellation Period by notifying us of your decision to cancel.
- you will lose your right to cancel the Contract once the Services have been fully performed in accordance with your request and acknowledgement.
You may notify us of your decision to cancel by contacting us as above.
- the fully completed cancellation form found on the Website, or
- a statement that you wish to cancel with your name, address, the name or a description of the Goods and your order reference number.
Return of Goods
Upon receiving notice of your cancellation, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then return the Goods to us without delay and at the latest within 14 days of notifying us of your cancellation (UK only). Rest of World shall be 30 days.
You must return the Goods at your own risk and at your own cost.
If the value of the Goods is reduced as a result of your handling of them beyond what is necessary to determine the nature, characteristics or functioning of the Goods, we will be entitled to claim this reduction in value from you and to deduct it from any money which you have paid us.
If it can be clearly shown that the items/ goods have been worn or used other than a simply trying on for size, or if the goods are returned soiled, smelling of perfumes, smoke, animals, marked by cosmetics or otherwise stained or showing signs of use or damage, we shall be entitled in our absolute judgement to refuse your refund.
Refunds on cancellation
So long as you are entitled to cancel and have complied with your obligations, we will refund you the balance of the price and any standard delivery costs you paid to us after deducting:
- the value of the Goods we supplied before we received your cancellation notice together with VAT payable in respect of that value;
- and any cost to us of collecting the Goods (if applicable).
- If the Contract is for the supply of goods only, unless we have agreed to collect the Goods from you, we will refund you the sum in clause 4.1 within 14 days after the earlier of:
- the day on which we receive the Goods back from you, or the day on which you supply evidence to us that you have sent the Goods back to us.
If the Contract is for the supply of goods only, and we have agreed to collect the Goods from you, we will refund you the sum within 14 days of our receipt of your cancellation notice.
We will refund you the sum in clause 11.4.1 using the same method of payment used by you, unless you agree to a refund by a different method of payment.
Exception to the right to cancel
You will not have a right to cancel in the following situations:
- The Contract is for goods which are bespoke or have been personalised or customised which may deteriorate (such as food).
- The Contract is for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and they have become unsealed after delivery. Underwear and swimwear are specifically exempt for hygiene reasons as are cosmetics.
- The Contract is for the supply of goods which have become mixed inseparably with other items after delivery.
If you have a comment, concern or complaint about any Goods you have purchased from us, please contact us in writing to the addresses shown above.
10. LIABILITY & INDEMNITY
We have a duty to supply Goods to you that conform to the Contract including a duty to ensure that;
- the Goods are as described in the contract
- the Goods correspond to any samples we have sent you
- the Goods are fit for any purpose you specifically told us they were required for, and are not faulty
- the Service of supplying are carried out with reasonable care and skill
We cannot exclude our liability for a failure to comply with these duties mentioned in this sub-clause. Nothing in these Conditions affects your legal rights if these duties are not complied with. We cannot exclude or limit our responsibility to you for:
- Death or personal injury resulting from our negligence or the negligence of our employees
- Fraud or fraudulent misrepresentation
- A claim for a defective product against us if we do not give you the name of the person who supplied the product to us within a reasonable time of your request for us to do so.
We are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Contract or as a result of our failure to act with reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We are not responsible for unforeseeable losses.
You are purchasing the Goods as a consumer. If you purchase Goods for any business purpose including for re-sale, we will not be liable for any business losses, loss of profits, loss of contracts, loss of business opportunities, loss of management time, loss of business data or losses due to interruption of your business.
We will not be responsible for any delay in delivering the Goods if;
- we have asked you to provide specified information that is necessary for delivering the Goods and
- you have failed to provide complete and accurate information or you have provided such information later than the date we have asked you to supply it by.
11. OUR RIGHTS OF TERMINATION
We reserve the right to terminate the Contract by writing to you if you fail to make any payment to us when due.
12. EVENTS OUTSIDE OUR CONTROL INCLUDING LOSS OF DELIVERY
Except for our obligations under this clause, we shall not be responsible for delays or failures in delivery or performance of our obligations to you resulting from any act, event, omission, failure or accident outside our reasonable control ('Event Outside Our Control').
We will take all reasonable steps to minimise a delay in performing our obligations to you which arises from an Event Outside our Control.
We will promptly notify you of any Event Outside Our Control which prevents us from or delays us in performing our obligations to you, giving details of it and (where possible) the extent and likely duration of any delay.
Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues.
You may end the Contract after we have notified you of an Event Outside Our Control and we will then refund you any money you have paid to us under the Contract for the Goods which we have been unable to deliver to you.
In the event of loss of your item/ goods, once the goods have been handed to the courier for delivery, you hereby accept and understand that you must chase the particular courier in respect of any damage or loss and that this is to be done according to the Courier’s or delivery service’s own Tcs&Cs. Please bear in mind, that you may not be compensated for the full cost of the goods if the value is above the courier’s stated loss compensation rates. You are advised to check that you have adequate insurance cover in the event of damage or loss in transit.
13. USE OF PERSONAL DATA
You authorise us to process and transmit your name, address and other personal information supplied by you (including updated information) to
- obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity
- supply the Goods to you
- carry out checks to ensure you have adequate funds and fulfil security and fraud prevention requirements
- transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer or PayPal
- validate your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
- inform you of similar Goods we provide, but you may contact us at any time to request that we stop informing you of these.
12. THIRD PARTY RIGHT (UK ONLY)
Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists apart from that Act.
14. OTHER IMPORTANT TERMS
We reserve the right to change the domain address of this Website and any products, product prices, product specifications and availability at any time.
Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
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 the Contract and the remainder of the provision in question will not be affected.
All Contracts are concluded in English only.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
15. GOVERNING LAW & JURISDICTION
These Conditions and the Contract are governed by the laws of England and Wales and you can bring legal proceedings in respect of the Goods or Our Services in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the Goods in either the courts of Scotland or England and Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the Goods in either the courts of Northern Ireland or England and Wales. If you live in another country in the EU, you can bring legal proceedings in respect of the Goods in either the courts of your home country or England and Wales. Anywhere else in the world (Non UK or EU), then the action or claim must be launched in the Courts of England & Wales.