Terms & Conditions
1. Mia’s Luxury Ltd (the Supplier or us or we) is a company registered in England and Wales under number 11126441 whose registered office is at Unit 344, Dorset House, Duke Street, Chelmsford, Essex, England, CM1 1TB
2. These are the terms on which we sell all Goods to you (the Customer or you). By ordering any of the Goods, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. Contract means the legally-binding agreement between you and us for the supply of the Goods;
4. Delivery Location means the Customer’s premises or other location where the Goods are to be supplied, as set out in the Order;
5. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
6. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
8. Website means our website www.miasluxury.co.uk on which the Goods are advertised.
9. The description of the Goods is as set out in the Website, catalogs, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
10. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
11. All Goods which appear on the Website are subject to availability.
12. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
14. We may contact you by using e-mail or other electronic communication methods.
Basis of Sale
15. The description of the Goods on our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted though the Website, we reserve the right to reject it for any reason, although we will notify you as to the reason.
16. The Order process is set out on our website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have ordered the items and quantity you require and delivery address is correct before submitting the order.
17. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation after payment has been approved. You will receive another email once good have been dispatched, after which no variation to the order can be made.
18. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Customer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms that are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
19. The price of the Goods and any additional delivery or other charges is as set out on our website at the time and date of the Order.
20. Prices and charges include VAT at the rate applicable at the time of the Order.
21. You must pay by either entering your credit or debit card details or using paypal services. Payment will be taken immediately.
22. We will dispatch the Goods, to the Delivery address as stated on the order, within the agreed period, without undue delay.
23. In the case of events beyond our control, we will attempt to do everything possible to resolve any delivery dispute.
24. You may only cancel the Order prior to dispatch. Rejecting Goods that have been delivered does not constitute the order being cancelled. You must return them to us or allow us to collect them from you in order to receive a refund. The goods must be un-used and in their original packaging. Only after we have received and check the items, we will arrange a refund via the same payment method. The amount refunded will be minus any delivery costs.
25. We will only deliver to addresses in England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands.
26. You agree we may deliver the Goods in installments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
27. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
28. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
29. Risk of damage to, or loss of, any Goods will pass to you once the Goods have been delivered.
Withdrawal and cancellation
30. You can withdraw the Order by telling us before the order has been dispatched, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
31. You can cancel the Contract except for any Goods which are made to your special requirements (the Returns Right) by telling us no later than 14 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
32. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
a. goods that are made to your specifications or are clearly personalized;
b. goods which are liable to deteriorate or expire rapidly.
33. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to cancel
34. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days of the receipt of the goods without giving any reason.
35. The cancellation period will expire after 14 days from the day on which you acquired physical possession of the Goods.
36. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email).
37. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
38. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, excluding the costs of delivery.
Deduction for Goods supplied
39. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
40. We will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
41. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
42. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
43. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 22 Bond Street, Chelmsford, Essex, CM1 1GH without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
44. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a customer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the customer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a customer and the customer has paid the price, including any contract that has both goods and services as its object.
Conformity and Guarantee
45. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
46. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
47. It is not a failure to conform if the failure has its origin in your materials.
48. We will give you the benefit of the free guarantee given by the manufacturer of the Goods, against the quality of materials or workmanship for the period of 12 months. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
Successors and our sub-contractors
49. No party can transfer the benefit of this Contract to someone else.
Circumstances beyond the control of either party
50. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
51. The Supplier does not exclude liability for:
a. any fraudulent act or omission;
b. for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations.
Subject to this, the Supplier is not liable for
a. loss which was not reasonably foreseeable to both parties at the time when the Contract was made.
b. loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
52. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
53. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
54. We try to avoid any dispute, so we deal with complaints in the following way: In the unlikely event you are unhappy with a product or service you have received from us, you should contact us at firstname.lastname@example.org. We aim to respond within 48 hours to attempt to resolve your issue.