TERMS AND CONDITIONS OF WEBSITE USE AND SUPPLY ("TERMS")
This page tells you about the terms for using www.michelehope.com ("Website" or "our site") and the terms on which we supply any of the goods ("Goods") listed on the Website. You should print a copy of these Terms for future reference.
By using the Website, and/or by ordering any of our Goods, you agree to be legally bound by these Terms, regardless of whether or not you choose to register with us.
- The Website is operated and these Terms are issued by Michele Hope Limited ("we" / "us" / "our"). We are a company registered in England and Wales with company number 7581144. Our registered office is 25 Harley Street, London WIG 9BR and our main trading address is Evelyn House, 3 Elstree Way, Borehamwood, Hertfordshire WD6 1RN. Our VAT number is GB 111668726.
- You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
- By accessing any part of the Website, you shall be deemed to have accepted these Terms in full. If you do not accept these Terms in full, you must leave the Website immediately.
- We may revise these Terms at any time. Please review these Terms regularly to ensure you are aware of any changes made by us. Your continued use of the Website after changes are made means that you agree to be legally bound by these Terms as updated and/or amended.
2. ACCESS AND YOUR STATUS
- By placing a order through our site, you warrant that you are legally capable of entering into binding contracts.
- We reserve the right to refuse orders from outside the United Kingdom.
3. SERVICE AVAILABILITY
- While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
- Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
4. USE OF THE WEBSITE
- You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Website content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any Website content except for your own personal, non-commercial use. Any other use of Website content requires our prior written permission.
5. ACCEPTABLE USE
- You are prohibited from posting or transmitting to or from the Website any material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
- You may not misuse the Website (including, without limitation, by hacking).
- We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone who breaches clause 5.1 and/or clause 5.2.
6. LINKS TO AND FROM OTHER WEBSITES
- Links to third party websites on the Website are provided solely for your convenience. If you use such a link, you will leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
- If you would like to link to the Website, you may do so at your own risk and may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
- You do not remove, distort or otherwise alter the size or appearance of the Michele Hope logo;
- You do not create a frame or any other browser or border environment around the Website;
- You do not in any way imply that we are endorsing any Goods or services other than our own;
- You do not misrepresent your relationship with us nor present any other false information about us;
- You do not otherwise use any trade marks displayed on the Website without express written permission from us;
- You do not link from a website that is not owned by you; and
- Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
- We expressly reserve the right to revoke the rights granted in clause 6.2 for breach of these Terms and to take any action we deem appropriate.
- You shall fully indemnify us for any loss or damage suffered by us for breach of clause 6.2.
- While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the Goods and prices described in it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.
- The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms, might have effect in relation to the Website.
8. HOW A CONTRACT IS FORMED BETWEEN YOU AND US
- After placing an order on the Website, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the Goods subject to these Terms. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Goods have been dispatched ("the Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation.
- The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
9. CONSUMER RIGHTS
- If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our refund policy as set out in clause 13 below.
- To cancel a Contract, you must inform us in writing. You must also return the Goods to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
- You will not have any right to cancel a Contract for the supply of any Goods that have been made to your specification, modified or customised for you.
- This provision does not affect your statutory rights.
10. AVAILABILITY AND DELIVERY
- Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
11. RISK AND 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 the Goods, including delivery charges.
12. PRICE AND PAYMENT
- The price of any Goods will be as quoted on our site from time to time, except in cases of obvious error.
- These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery guide.
- Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
- Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of the Goods is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the correct price of the Goods is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
- We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
- Payment for all Goods must be by a credit or debit card accepted by our payment system.
13. OUR REFUND POLICY
- When you return Goods to us:
- Because you have cancelled the Contract between us within the seven-day cooling-off period as set out in clause 9.1 above, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Goods in full, including the cost of sending the item(s) to you. However, you will be responsible for the cost of returning the item(s) to us.
- For any other reason, we will examine the returned Goods and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Goods. Goods returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
14. OUR LIABILITY
- We warrant to you that any Goods purchased from us through our site are of satisfactory quality and reasonably fit for all the purposes for which Goods of the kind are commonly supplied.
- Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Goods you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
- We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
- We do not exclude or limit our liability for any matter for which it would be illegal for us to exclude or limit our liability.
- Where you buy any Goods from a third party seller through our site, the seller's individual liability will be set out in the seller's terms.
15. WRITTEN COMMUNICATIONS
- Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- All notices given by you to us must be given to Michele Hope Limited at Evelyn House, 3 Elstree Way, Borehamwood, Hertfordshire WD6 1RN. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 15 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
17. TRANSFER OF RIGHTS AND OBLIGATIONS
- The contract between you and us is binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
18. EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks; and
- The acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, 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 such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16 above.
- If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21. ENITRE AGREEMENT
- We intend to rely upon these Terms and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
22. OUR RIGHT TO VARY THESE TERMS
- We have the right to revise and amend these Terms from time to time.
- You will be subject to the policies and Terms in force at the time that you access the Website or you order Goods from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Goods).
23. LAW AND JURISDICTION
- These Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with this these Terms shall be subject to the exclusive jurisdiction of the English courts.