TERMS AND CONDITIONS
This TERMS AND CONDITIONS is dated with the effects from December 2006.
1. Company Details
Miyabi is a brand owned by FreeBazaar Limited, which is incorporated as a Private Limited Company in England and Wales under the companies Act 1985.
Company name: FreeBazaar Limited
Phone: +44 (0)20 8363 0327
Fax: +44 (0)20 8363 0327
Email: shop@miyabilondon.com
Registration No. 4943508
2. Scope
Subject to Clause 10, all orders for the purchase of goods placed by organization dealing as a business ("Customer") and accepted by FreeBazaarLimited ("Company") are made subject to and upon these Terms and Conditions of Sale which apply to the exclusion of all other terms and conditions (to include any Customer purports to apply).
3. Quotations
3.1 All goods are subject to availability and Company shall be entitled to refuse an order placed by Customer.
3.2 To order goods Customer will need to contact Company by telephone followed with the written confirmation; by using ordering procedures specified on Company's websites; or by written method. By making an order Customer warrants that he (she or it) is acting in the course of business.
3.3 No contract between Customer and Company shall arise until Company accepts the order; either by written acknowledgement, or upon Company beginning to process the order, whichever is the earlier.
3.4 Subject to clause 5, Customer cannot cancel an accepted order except following Company's written agreement which is on terms that Customer will indemnify Company against all its losses incurred by Company as a result of cancellation.
3.5 CANCELLATION AND RETURNS POLICY
3.5.1 If you wish to cancel your order:
a.you can notify us by email to shop@miyabilondon.com before we have dispatched the goods to you;
or
b.where goods have already been dispatched to you, by returning goods to us in accordance with clause 3.5.2 below.
3.5.2 You can return goods you have ordered from us at any time within 28 days of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you.
3.5.3 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required.
3.5.4 The rights to return the goods to us as referred to in clause 3.5.3 will not apply in the following circumstances: -
a.in the event that the product has been used.
b.to any products that we have made or customised specifically for you
The provisions of this clause 3.5.4 do not affect your statutory rights.
4. Price
4.1 The price of goods is that agreed by both parties whether made by telephone, but with the written confirmation after; by reference to Company's website or to other written method.
4.2 Where no price has been agreed, the price is the price listed in Company's published price list at the date of contract.
4.3 If Customer orders the goods via the website or by other written method Company reserves the right to validate the price as part of the acceptance procedure and inform Customer if the price is higher than that stated in the order.
5. Description of goods
5.1 The description of goods will be provided in the confirmation of order and/or invoice delivered with the goods.
5.2 In the event that goods do not correspond or damaged with the description set out in Clause 5.1, Customer undertakes at its sole cost and expense to return to Company all goods on Customer's own risk within 7 days of the receipt of goods accompanied by full details of the order date and invoice number.
5.3 Goods will be replaced or credited provided the damage occurs prior to delivery, of if it is clear that there is a damage in the process of manufacturing.
5.4 Except where Clause 5.2 applies, Company shall not accept any returned goods.
6. Delivery
6.1 Standard Delivery £3.00
a. Delivery will take 4 to 5 working days from being dispatched.
b. Item(s) sent out by Royal Mail 1st Class Recorded delivery
c. Please note that for some heavier products a small surcharge may apply (typically £1 - £2).
d. No Sunday deliveries.
e. Please note that Royal Mail do not guarantee an exact delivery date or time.
f. UK Standard delivery includes delivery to Channel Islands
g. Please ensure that there is someone to sign for the delivery at your selected shipping address.
6.2 International Delivery £15.00
a. Delivery to Europe, Middle East, Africa, USA and Canada
b. Delivery to Europe, Middle East and Africa, please allow 5 - 7 working days for delivery
c. Delivery to USA and Canada, please allow 5 days delivery time.
7. Liability
Except in respect of claims for death or personal injury resulting from negligence or as otherwise prohibited by law, our liability for loss or damage (direct, indirect or consequential) including all loss of profit or business arising out of any single claim, event, or series of related claims or events (including claims based on negligence) shall not exceed the sum paid by Customer for the goods.
8. Changes to Terms and Conditions
Company reserves the right to make changes to these Terms and Conditions at any time without prior notice to you. Any such changes will take effect when posted on the website and it is Customer's responsibility to read Terms and Conditions on each occasion before placing on order and the continuous use of the website shall signify bound to the acceptance with the latest Terms and Conditions.
9. Governing Law and Jurisdiction
This website, its contents, Terms and Conditions shall be governed by and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English courts.
10. Privacy Policy
All personal details entered are treated in strict confidence and will not be passed onto a third party under any circumstances. We will endeavor to take all reasonable care, in so far as it is possible to do so to keep all details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering.
Your details and data
Your privacy as an individual and as a customer is important to us, so we don't use the information you provide on this site to learn any more about you other than what is required to fulfil your orders or offer you services such as new alerts or reminder services.
Miyabi does not combine your individual information with any kind of site analysis, but we do look at the overall browsing behaviour of our customers to improve the way the site navigates. We also do not track your behaviour on any other sites or follow you once you've miyabilondon.com, but we do use cookies to help us provide a personalized service.
Any personal data gathered by us in your use of this site will be recorded electronically and only used in accordance with the UK Data Protection Act 1998.
You may also optionally decide to receive our newsletter and special offers. You can opt-out of this at any time by using 'My Account'.
We may also pass aggregate information on the usage of our website to third parties but this will not include information that can be used to identify you.
Who else sees your information
We may have to disclose some of your information to service suppliers to help complete your order. These parties include Royal Mail, Parcel Line, DHL, UPS, Parcel Force, and City Link.
Cookies
A cookie is a small file stored on your computer by a web site to give you a unique ID. Cookies help make it easier and faster for you to use our site because it can remember if you've visited the site, and they help us provide you with the information you need about your gift reminders or account details - when and where you need it.
A cookie generated by our site contains no information about you. It contains only a numeric ID that, for example, allows you to retrieve your account details or shopping list. The cookie lets you enter your email and password so you don't have to enter those details again, or it lets you save products to a wish list if available.
In keeping with our privacy policy on customer information, we analyse data gathered via cookies only in aggregate, not at the individual customer level.
Email usage
Miyabi uses your email address as a convenient way to contact you about your order or any reminder service you have. From time to time, we may update you on relevant Miyabi site or new gift news, but only with your permission. We will not pass your details on to any other relevant third parties that we think you may be interested in if you have requested us not to do this.
11. Specifications
11.1 Company is unable to accept any returns for goods that have been manufactured to customers specifications.
11.2 Any image of a product or description of size, dimension, style, weight etc. is given in good faith for guidance only, however cannot be guaranteed as absolutely correct.
11.3 Due to the use of natural stones and the handmade manufacture, Customer shall acknowledge the existence of the slight difference among all goods.
11.4 These Terms and Conditions do not affect Customers statutory rights.
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