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1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer.
You are a consumer if:
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are The Miss Zoe a company registered in England and Wales. Our company registration number is 06764906 and our registered office is at 2 Reed Street, Thornaby, Stockton, TS17 7AF. Our registered VAT number is GB916187217.
2.2 How to contact us. You can contact us via our customer service team at [email protected] or 2 Reed Street, Thornaby, Stockton, TS17 7AF.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 About you.
To shop with us, you will need to:
(a) be at least 13 years old or older, unless you have permission of an adult to purchase our goods;
(b) have a credit or debit card that we accept; and
(c) be authorised to use that credit or debit card (e.g. it is in your name or you have permission to use it).
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.3 Custom made products. All of our products are custom made for you. Please find below our recommendations on how to ensure that products are as you expect them to be.
4.4 Artwork files. All products are produced in accordance with any artwork files submitted by you. Please ensure that all artwork files are correct. We do not accept responsibility in respect of defective products where the defect is due to an error in the file submitted by you.
4.5 Measurements. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. We do not accept responsibility in respect of defective products where the defect was due to incorrect measurements provided by you.
4.6 Proofs. If you request a proof of artwork prior to products bring produced by us we will provide you with a proof. Once the proof is approved by you they are deemed to be correct and ready for production. We will not accept liability for any errors that are not corrected once the proof has been authorised by you.
4.9 Small parts and choking hazards. Our products contain small components which could put you or others at risk of choking if swallowed. Our products are not for children under the age of 12 years. All products should be stored out of the reach of babies. We do not take responsibility for the use of products after purchase.
5. Your rights to make changes
Please note that you cannot make changes to your order if the production of your order has already commenced. But if you wish to make a change to the product you have already ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our rights to make changes
6.1 Minor changes to the products and these terms. We may change the product to reflect changes in relevant laws and regulatory requirements, changes in technology, changes in payment methods and changes in our system’s capabilities.
6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. Providing the products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 International delivery. If you order products to be delivered outside of the UK, your order may be subject to import duties and taxes which may be applied when the delivery reaches the delivery destination. Please note that we have no control over what the charges are and we cannot predict the amount. You shall be responsible for the payment of import duties and taxes. Please contact your local customs office for further information before placing an order.
You must comply with all applicable laws and regulations of the country of which the products are destined. We will not be liable or responsible if you break any such laws.
7.3 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will deliver goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
7.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.6 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.7 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
7.8 When you own goods. You own a product which is goods once we have received payment in full.
7.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, artwork files. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.10 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 6).
7.11 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 10 days we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.12 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 14.7). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 14.6).
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business; or
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 2 weeks; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) a product that was personalised or custom made for you; and
(b) any products which become mixed inseparably with other items after their delivery.
9. How to end the contract with us.
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by:
(a) Contact Us. Email us at [email protected] Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them; post them back to us at 2 Reed Street, Thornaby, Stockton-on-Tees, TS17 7AF. If the products are not suitable for posting allow us to collect them from you. Please email us at [email protected] for a return label or to arrange collection.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
(c) we will refund postage costs up to 50GBP. Postage costs above this amount must be approved by a member of our team BEFORE purchase.
(d) proof of postage is required before we agree to pay the costs of return.
9.4 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 When your refund will be made. We will make any refunds due to you as soon as possible.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products (for example artwork files);
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) if any artwork files contain any materials that are:
(i) defamatory of any person;
(ii) obscene, hateful or inflammatory;
(iii) sexually explicit or violent;
(iv) discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age;
(v) infringes the intellectual property rights of any other person.
(e) you display abusive or threatening behaviour towards any of our employees.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 1 month in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please write to us at [email protected] or 2 Reed Street, Thornaby, Stockton-on-Tees, TS17 7AF.
12. Your rights in respect of defective products if you are a consumer
12.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods (for example custom made miss zoe) the Consumer Rights Act 2015 states goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.
12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection up to 50GBP, any costs greater than this must be approved by a member of our team BEFORE purchase. Please email us at [email protected] for a return label or to arrange collection.
13. Your rights in respect of defective products if you are a business
13.1 If you are a business customer we warrant that on delivery any products which are goods shall:
(a) conform with their description and any relevant specification;
(b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(c) be fit for any purpose held out by us.
13.2 Subject to clause 13.3, if:
(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
13.3 We will not be liable for a product’s failure to comply with the warranty in clause 13.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 13.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4 Except as provided in this clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 13.1.
13.5 These terms shall apply to any repaired or replacement products supplied by us under clause 13.2.
14. Price and payment
14.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.
14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
14.4 When you must pay and how you must pay. We accept payment by credit and debit cards and PayPal. For goods, you must pay for the products upon ordering via our website.
14.5 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
14.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15. Our responsibility for loss or damage suffered by you if you are a consumer
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. 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.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.1 and for defective products under the Consumer Protection Act 1987
15.3 We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
16. Our responsibility for loss or damage suffered by you if you are a business
16.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.3 Subject to clause 16.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the products under such contract.
17. How we may use your personal information
17.1 How we will use your personal information. We will only use your personal information as set out in on our website.
18. Other important terms
18.1 Intellectual Property Rights of Third Parties. If you provide us with artwork files that are owned by a third party we shall not be responsible for any liabilities, costs, expenses, damages and losses suffered or incurred by us in connection with any claim made against us for an actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with our use of your specification of the products.
If we have reason to believe that the artwork files supplied by you are not your intellectual property we have the right to cancel the contract and production of the product.
18.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
18.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.