Milie et Hector Ltd Sale Terms
Please read these terms carefully before placing an Order as they apply to the Customer’s Order. Consumers within the European Economic Area must read Clauses 7-10 below in particular
1.1 “Cancellation Notice” means the form retrievable here
1.2 "Contract" means the contract between the Seller and the Customer for the sale and purchase of Goods incorporating these Terms;
1.3 "Consumer" means a customer who is resident in The European Economic Area and who buys Goods from this Website other than in the course of or as part of a business with which the buyer conducts or is involved
1.4 "Customer " means the individual (whether or not a Consumer) or organisation who buys or agrees to buy the Goods from the Seller;
1.5 “Goods" means the articles that the Customer agrees to buy from the Seller;
1.6 “On Consignment” means in relation to any goods offered for sale by the Seller that the Seller is acting as the disclosed agent for either a disclosed principal or an undisclosed principle
1.7 “Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and any regulation which replaces or amends them from time to time
1.8 "Seller" means Milie et Hector Ltd (English Limited Company Registration No. 09689380) of 20-22 Wenlock Road London N1 7GU
1.9 “Terms" means the terms and conditions upon which the Customer asks the Seller through the Seller’s on-line facility to sell the Seller’s products to the Customer;
1.10 “Trade Mark” means Milie et Hector™ and or any visual or oral representation of Milie et Hector;
1.11 “We” (including “Our” and “Us”) refers to Milie et Hector Ltd its officers and employees;
1.13 “You” (including “Your”) refers to the Customer
2.1 Nothing in these Terms shall limit or exclude the statutory rights of any Consumer in the European Economic Area. Otherwise ….
2.2 These Terms shall apply to all contracts for the sale of Goods and shall prevail over any other documentation or communication from the Customer .
2.3 The contract between The Seller and the Customer will be completed when the Seller receives the Customer’s payment. The place the contract is performed is London, England.
2.4 The Customer’s authorisation of payment for the Goods shall be deemed conclusive evidence of the Customer ’s acceptance of these Terms.
2.5 Any variation to these Terms shall be inapplicable unless agreed in writing and signed off by the Seller.
3.1 All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods pursuant to these Terms and are subject to acceptance by the Seller, which the Seller may refuse at its discretion.
3.2 Where Goods ordered by the Customer are out of stock the Seller will inform the Customer within a reasonable time and tell the Customer whether those Goods will be restocked, or not, or decline the Order. If not any payment made by the Customer will be refunded to the Customer in any event within 28 days.
3.3 For added security, our online store is fully encrypted.
4 PRICE AND PAYMENT
4.1 The prices shown for Goods in the Shopping Basket which are current at the time of Order will be those which the Customer shall pay for the selected Goods, unless such items are out of stock. Prices shown include VAT unless otherwise specifically indicated and which must be added to purchases made within the European Union. The price excludes delivery charges likewise inclusive of VAT added for deliveries within the European Union.
4.2 The total purchase price, including VAT if any, and delivery charges, if any, quoted in GB Pounds will be displayed in the Customer ’s shopping cart prior to confirming the order.
4.3 IMPORTANT : For customers outside the European Union the supply of Goods may result in customs and or import duty having to be paid on them. The quoted price does NOT include customs dues or import duty for which the Customer will remain responsible in addition.
4.4 After the order is received the Seller shall confirm by email the details, description and price for the Goods and information on the right of a Consumer resident in the European Union to cancel after acceptance of the Order. Said email (bearing an invoice number, the Seller’s VAT registration number and place of business) will constitute the Seller’s invoice.
4.5 Payment of the price plus VAT (if payable) and delivery charges must be made in Pounds Sterling in full net of currency conversion costs and bank charges before dispatch of the Goods to a Consumer.
4.6 Payment for sales to trade Customer s must be made in full before or at the time of dispatch of the Goods to such Customer s unless other payment terms have been expressly agreed in writing signed off by the Seller.
4.7 The Seller accepts electronic payment by Visa, MasterCard, American Express credit and debit cards. Payment will be debited and cleared from the Customer’s account upon acceptance of the Customer’s order by the Seller. The Customer warrants that the credit/debit card that is being used is the Customer’s. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the Customer’s payment card refuses to authorise payment to the Seller , the Seller will not be liable for any delay or non-delivery.
4.8 If the Customer pays with a Credit Card the Seller will not add any further fee to the purchase price to process the payment
4.9 The Seller is registered with Geotrust as an authentic site.
4.10 Payment is debited from the Customer ’s card at time of dispatch. All [credit/debit] card transactions on this Website are currently processed using Shopify Payment. The Seller will also give the Customer the opportunity to securely store the Customer ’s card details on the Seller’s systems. These details will be fully encrypted and only used to process card transactions.
4.11 The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 4% per annum above the base lending rate of HSBC Bank plc from time to time in force.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to update prices (either or both up and or down) on the Website. The Seller shall make every effort to inform Customers of any change to prices between the time the Customer places an order and that order is accepted.
5.2 The Seller reserves the right at its complete discretion to withdraw any Goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order beyond refunding any monies tendered with such order within 14 days of receipt of the Customer’s payment.
6 AGE OF CONSENT
6.1 No order will knowingly be accepted from any person who is under the age of 18. The Seller will not be responsible for ensuring that declarations of age made to it are truthful. The Customer will be asked when placing an order to declare that the Customer is of the appropriate legal age to purchase the Goods. Any person who tries to buy goods from the Seller who is not permitted by that Customer ’s local law to use a credit or debit card under an age which is greater than 18, will be deemed for the purposes of this agreement to be an adult.
6.2 If the Seller discovers that the Customer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
7 THE REGULATIONS REQUIRE US TO INFORM ALL CONSUMERS RESIDENT WITHIN THE EUROPEAN ECONOMIC AREA OF CLAUSES 7 -10 WHICH ARE TO BE READ WITH AND FORM A PART OF THESE TERMS AND CONDITIONS FOR SUCH CONSUMERS
The Seller is Milie et Hector Ltd of 20-22 Wenlock Road London N1 7GU United Kingdom and contactable at firstname.lastname@example.org. It is the supplier of goods purchased from this website unless expressly stated otherwise.
8 DESCRIPTION AND PRICE
8.1 Goods and prices payable are set out (together with the value added and/or any other applicable tax) on this website
8.2 Unless otherwise specified the Goods supplied under these terms and conditions are Children’s Books in volume form/children’s clothing and children’s footwear/children's accessories/children's soft toys and their condition is warranted only as disclosed in the images or descriptions of the Goods contained on this site. [Customers who may have specific requirements such as special body measurements for children’s clothing should contact email@example.com before making an offer for any Goods].
8.3 When the Goods shown in the Shopping Basket are qualified by “on Consignment” the Seller is selling those goods as agent for the Owner and not as the principal. The Customer acknowledges in that case that the Seller is acting as a disclosed agent either for a disclosed principal or an undisclosed principal.
8.4 Every care is taken to ensure that the Goods are in good condition at the time of dispatch but the Seller cannot guarantee that the Goods will arrive at the Customer’s designated address for delivery free from defect occasioned in transit.
9.1 Where Goods are delivered to the Customer ’s address, the Customer will be informed about the cost of such delivery at the time of payment if the costs of delivery are not included in the sale price for the Goods.
9.2 Goods supplied within the UK will normally be delivered within 3 to 5 working days of acceptance of order.
9.3 Goods supplied outside the UK will normally be delivered within 7 working days of acceptance of order.
9.4 Where a specific delivery date has been agreed it is treated as the estimated delivery date, and where this delivery date cannot be met, the Customer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
9.5 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
9.6 Delivery of the Goods shall be made to the Customer ’s address specified in the order and the Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
9.7 Risk in the Goods shall pass to the Customer upon delivery of the Goods, or where the Customer fails to take delivery at the agreed time, at the time delivery was first attempted.
9.7.1 All clothes should be tried on in a clean environment and must be returned with their original packaging. Clothes that are returned without their original packaging and or which are soiled, cleaned or washed will not be accepted, and will be sent back to the customer. [If supplied, Shoe boxes must also be protected as they are considered part of the Goods supplied, and a return will not be accepted if the Shoe box is damaged].
9.7.2 Underwear and swimming costumes and bikini bottoms must be tried on over clean underwear, AND without removing the protective adhesive strip.
9.8 Title in the Goods shall not pass to the Customer until payment of the price has been made in full.
9.9 Please email firstname.lastname@example.org
immediately if any of your purchases has been delivered without bearing on it or its packaging or a tag marked with the Trade Mark.
10 CANCELLATION OF SALES BY CONSUMERS RESIDENT IN THE EEA
10.1 Cancellation prior to dispatch - In addition to the Customer’s other rights under this contract, if you are a Consumer, you may cancel the order by completing and sending to Milie et Hector Ltd the Cancellation Notice or similar to 20-22 Wenlock Road London N1 7GU (United Kingdom) or by email at email@example.com without giving a reason up to the point of dispatch and any payments made by the Consumer shall be refunded in full within 14 days.
10.2.1 Cancellation after dispatch - As a Consumer you also have the right, in addition to your other rights, to cancel the Contract without any reason by using the Cancellation Notice set out in the schedule to these terms and conditions and receive a refund by informing Milie et Hector Ltd by sending a Cancellation Notice or similar to 20-22 Wenlock Road London N1 7GU (United Kingdom) or by email at firstname.lastname@example.org
within 15 days following receipt of the Goods by you.
10.2.2 Save for the purpose of ascertaining the nature characteristics and integrity of the Goods, Goods must be returned unused by you as the Consumer to Milie et Hector Ltd at 61D Glenelson Road, London SW16 2BH, UK within 14 days of the date you give us your cancellation notice in the original packaging and should be adequately insured during the return journey.
10.2.3 The Consumer will receive within 14 days following receipt of the returned goods a refund of all monies paid for the Goods (including insurance credit card processing and delivery charges, if any) except for return postal charges.
10.2.4 If the Consumer fails to return the Goods following cancellation, we shall be entitled at our option to deduct the cost (not to exceed the cost of the Goods credit card charges and delivery charges) of recovering the Goods from the Consumer.
10.2.3 The Consumer will be under a duty to take proper care of the Goods and not to use them until they have been despatched for return or recovered as the case may be. Where returned Goods are found to be damaged due to the Consumer’s fault the Consumer will be liable for the cost of remedying such damage.
10.3 Goods to be returned should for preference show the Order number obtained from us on the package.
10.4 A Consumer who has failed to observe the requirements of Clauses 9.7.1 or 9.7.2 will be liable for any loss up to the full value of the Goods +costs of processing the sale and delivery which the Seller suffers as a result.
11.1 Terms concerning all Returns subject to Clause 10
11.1.2 The Seller is not required to exchange any Goods for any other Goods.
11.1.3 The Customer shall inspect the Goods immediately upon receipt and shall notify the Seller no more than 7 days after the date of receipt if the Goods are damaged or do not comply with the Contract. If the Customer fails to do so the Customer shall be deemed to have accepted the Goods.
11.1.4 Where a claim of defect or damage is made and it is due to the Seller’s act or omission, the Goods shall be returned by the Customer to the Seller within 14 days of delivery. If the defect or damage is capable of repair the Seller may at its option repair the same and send it back to the Customer. If the Goods are incapable of repair the Customer shall be entitled to a replacement if available or a full refund (including insurance credit card and delivery costs if any) plus any return postal or other despatch charges if the Goods are in fact defective.
11.1.5 Goods which are returned which are damaged, soiled, cleaned or washed after receipt or which have had the Seller’s labels and or designer labels and or integral packaging or protective strips removed after delivery to the Customer will not be the subject of a credit or accepted and will be sent back to the Customer.
11.1.6 Refunds will be credited to the account from which the Customer paid for the Goods originally unless the Customer requests a credit or offset to be carried by the Seller against a subsequent purchase.
11.1.7 Under no circumstances will the Seller be liable to refund VAT or sales tax outside the European Union or any customs or import duty or local taxes of any nature whatsoever
11.2 Terms covering all returns by Non-Consumer Customers
11.2.1 All Goods must be returned in their original packaging (with additional external packing supplied as required) to ensure they are adequately protected in transit. Shoe boxes must also be protected as they are considered part of the Goods supplied, and a return will not be accepted if the Shoe box is damaged.
11.2.2 The Seller does not accept liability for damage in transit to Goods which are not returned by a "tracked and signed for" courier service.
11.2.3 All returned Goods must be returned unused and with all Milie et Hector™ tags and where applicable designer garment tags still attached. Where provided, any original designer packaging such as authenticity cards, dust bags and leather tags must be included with the Goods being returned. If Goods are soiled, are cleaned or washed and/or in the case of underwear or swimwear if a protective strip has been interfered with or removed the returned Goods will not be accepted and will be sent back to the customer without credit.
11.2.4 Goods which are returned which are damaged, soiled, cleaned or washed or which have had the Seller’s labels and or designer labels and or integral packaging and or protective strips removed will not be the subject of a refund or credit.
11.3 Non- Regulatory Optional Returns/Exchanges for United Kingdom Customers
11.3.1 Subject always to Clause 10 above, the Seller is willing to entertain returns or requests for exchange of Clothing (but not other Goods) from Customers in the UK and in respect of which the Customer is responsible for arranging the return of the Clothing to the Seller. Any such Clothing return shall not be accepted unless Clause 9.7 has been complied with in full.
11.3.2 The UK Customer must complete a returns form with the prescribed Order number and sign it. Unidentified returns may be returned to the Customer.
11.3.3 Clothing must be returned within 7 days following the date of the relevant return/exchange request. Returns outside these timeframes will not be accepted by the Seller. The package containing the Goods must also be returned with the Goods being returned.
11.3.4 The Customer will be notified by email once the return has been received and processed.
11.4 If the Goods were sent to a Consumer resident at a destination within the EEA, the procedures set out in Clause 10 must be complied with. Otherwise and for all Customers outside the EEA, customs duties and sales taxes are non-refundable by the Seller. However, the Customer may be able to recover these by contacting a local customs bureau directly.
11.5 Gift Returns
Clause 10 does not apply to Gift Returns.
11.5.1 If the person seeking the return has received an item as a gift, the recipient may at the Seller’s discretion exchange it for an on-line credit to a new account in relation to which the recipient will need to register the necessary personal details. The Seller however will have no obligation of any nature whatsoever to the Customer.
11.5.2 The amount of the credit is automatically deducted from or offset against the recipient’s first or next (as the case may be) purchase and will be valid for one year. The recipient may need to pay any cost difference, additional shipping, taxes and import duties on any replacement Goods which the recipient subsequently orders.
11.5.3 This concession does not apply to Corporate gifts which can only be returned by the Customer and within seven working days of initial receipt.
Clause 10 does not apply to Exchanges
If the Customer wishes to exchange any Goods for an alternative style, the Customer must purchase the new Goods separately and claim a refund on the Goods by way of the Returns procedure.
12. THE SELLER’S LIABILITY
12.1 Save as expressly provided in these terms all Goods are supplied “As Is” and "As Available" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT.
12.2 Except as may be implied by law where the Customer is dealing as a Consumer within the European Union, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Customer shall be limited to the right either to require the Seller to repair the Goods or to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
12.3 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for (a) fraudulent misrepresentation or (b) death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
14. FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
16. CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Customer upon making a purchase.
17. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.