TERMS & CONDITIONS

TERMS & CONDITIONS

1.      TERMS & CONDITIONS

1.1    The Miss Matahari Online Store (“the Store”) located at www.missmatahari.com (“the Website”) is operated by Natasha Stuart, Founder and designer – Sole Trader. Miss Matahari

1.2    Any references to “we”, “us” or “our” throughout the Store and the (“the Website”) are to Miss Matahari.

1.3    These Terms and Conditions will apply to access to and use of this website, and all purchases made on the Store.

1.4    We may modify these Terms and Conditions from time to time in our sole discretion without any prior notice.

2.    PERSONAL INFORMATION

2.1    For the purposes of this clause, “Personal Information” means all information regarding the customer requested by us when using the Store which includes but is not limited to the customer’s name, address, phone number, e-mail address, payment card, and PayPal details.

2.2    It is a condition of use of the Store that the customer provides the Personal Information requested by us when making a purchase from the Store.

2.3    The customer hereby represents and warrants that the Personal Information provided by the customer is both valid and correct.

2.4    The Store is available only to customers who meet our terms of eligibility, who meet these terms and conditions, who have been issued a valid credit/debit card by a bank acceptable to us, who have a valid PayPal account, whose applications are acceptable to us and who have authorized us to process a charge or charges on their credit/debit card and/or PayPal in the amount of the total purchase price for any items which they purchase in the Store.

2.5    By using the Store, the customer expressly authorizes us to:

(a)    perform credit checks and where we feel necessary, to transmit or to obtain information (including any updated information) about the customer to or from third parties, including but not limited to the customer’s credit/debit card number to authenticate the customer’s identity, to validate the customer’s credit/debit card, to obtain an initial credit/debit card authorization, to validate their PayPal details, and/or to authorize individual purchase transactions; and

(b)    use the Personal Information provided in order to conduct appropriate anti-fraud checks, by disclosure of the Personal Information to a credit reference or fraud prevention agency, which may keep a record of that information.

2.6    We shall at all times adhere to our Privacy Policy regarding the use of the customer’s Personal Information.

3.    ORDERS

3.1    Orders through the Store shall be made by browsing the Store on the Website, and making the selection of the items to purchase from the Store by placing those items into the “Shopping Cart” by clicking the appropriate buttons on the Website.

3.2    Any items placed in a customer’s Shopping Cart are not reserved until final purchase and may be purchased by other customers in the meantime.

3.3    By submitting an order, the customer accepts the purchase of the items selected and allows us to use the customer’s Personal Information for the purpose of supplying those items.

3.4    All orders placed through the Online Store are subject to acceptance and availability of the items ordered as set out in clauses 4, 5 and 6 below.

4.    AVAILABILITY

4.1    We offer products for sale that are in stock and available for dispatch from our distribution centre. Occasionally however, items may sell out and we may be waiting for shipments from suppliers or unforeseen stock issues may arise. We will do our best to inform customers on the Website of the real time stock availability of items available for purchase.

4.2    In circumstances where a customer has made a purchase of an item which is subsequently found to be out of stock, the customer will be informed as soon as practicable and the customer will have the option to either:

(a)    accept a refund of the purchase price for that item; or

(b)    await delivery of the item when the item is received back into stock.

4.3    We will not be liable for any losses, costs, damages, charges or expenses caused by the unavailability of any item.

5.    ADVANCE ORDERS

5.1    From time to time, we may offer the possibility of making an Advance Purchase for certain items not available in stock to ensure that the customer receives these items in priority once stock has been delivered to us. We will only take Advance Purchase orders for stock that has been scheduled for delivery by a supplier. Alternatively, the customer may simply choose to register his or her email address for notification of arrival of the selected merchandise not held in stock.

5.2    Items received into stock shall be pre-allocated to satisfy Advance Purchase orders and customers making Advance Purchases will receive items in priority to customers on the Waiting List or customers ordering through the Store for immediate delivery.

5.3    Please be aware that we may be unable to deliver, or we may delay in delivering, selected Advance Purchase merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify the customer by email and seek the customer’s consent to either:

(i)    maintain that Advance Purchase order until stock is available to fulfil that order; or
(ii)    refund any payments made for that Advance Purchase by PayPal or to the customer’s credit/debit card within thirty (30) days of being advised that merchandise has become unavailable.

6.    ACCEPTANCE OF ORDERS

6.1    Once a customer has placed an order, the customer will receive an email acknowledging the confirmation of the order. This email is NOT an acceptance of the order, just a confirmation that we have received it.

6.2    The customer will not be able to cancel an order once that order has been placed, subject to clause 12 below. It is the customer’s responsibility to ensure that the order is correct before placing that order.

6.3    Acceptance of the order and completion of the contract between the customer and us will be effected when we email confirmation that payment for the items ordered has been received and that the items ordered have been dispatched. The sale contract is therefore concluded in England, United Kingdom and the language of the contract is English.

6.4    We reserve the right not to accept an order in the event that we are unable to obtain authorization for payment, that payment has not been made, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, that the customer is located in a place where we do not deliver to, or that the customer does not meet the eligibility criteria set out within these Terms and Conditions.

6.5    We may refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time in our sole discretion. We will not be liable to a customer or to any third party by reason of us withdrawing any merchandise from the Store whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Store; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

7.    PRICING

7.1    Prices shown on the Store are in United Kingdom Pounds and are inclusive of taxes where applicable.

7.2    Prices may be shown in alternative currencies where applicable.

7.3    All prices and offers remain valid as advertised from time to time. The price of an item displayed on the Store at the time the order is accepted will be honoured, except in cases of patent error.

7.4    All prices are subject to change at all times.

7.5    Customers purchasing from outside the European Union will be responsible for any relevant import duty and tax in their country. We recommend that customers contact their local customs authority to determine any duty and tax payable price prior to purchase completion.

7.6    Where a customer’s payment is not denominated in United Kingdom Pounds, the final price will be calculated in accordance with the applicable exchange rate on the day the transaction is processed.

7.7    Discount codes (when available) are non-transferable and no cash alternative will be offered. Furthermore, they cannot be used in conjunction with any other discount code or offer, and must be redeemed by the date published, if provided.

8.    PAYMENT

8.1    Payments shall be made by PayPal and/or any other methods which may be clearly advertised on the Store from time to time. Payment will be debited and cleared from the customer’s account upon purchase and prior to dispatch of an order. If a payment is not authorised or confirmed for any reason, we will not be liable for any delay or non-delivery.

8.2    We take all reasonable care to make the Store secure. All PayPal transactions are processed through the third party PayPal website and not through the Store or Website. Further information on PayPal’s terms and conditions can be found at the following link: https://cms.paypal.com/us/cgi-bin/?cmd=_render-content&content_ID=ua/ProVT_full

8.3    All credit/debit card transactions on the Store are processed using a secure third party online payment gateway that encrypts the card details in a secure host environment. These details will be fully encrypted and only used to process card transactions which the customer has initiated. We do not store the customer’s credit/debit card details, but only keep the details returned from the third party online payment gateway such as name, transaction number and total transaction amount.

8.4    Furthermore, we take reasonable care, in so far as it is in its power to do so, to keep the details of a customer’s order and payment secure, but in the absence of gross negligence on our part, we shall not be held liable for any loss a customer may suffer if a third party procures unauthorized access to any data a customer provides when accessing or ordering from the Online Store.

8.5    Any charges levied by PayPal or a customer’s credit/debit card provider shall be borne by the customer at all times.

9.    DELIVERY GENERALLY, INSURANCE AND TITLE

9.1    We will dispatch the items ordered for delivery from our warehouse when the items are available and payment has been received for that order.

9.2    We aim to dispatch all orders within 72 business hours. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. We shall not be responsible for any delivery delays however caused.

9.3    All payments for delivery charges for an order as set out in this clause shall be made by the customer together with the payment for that order at the time of purchase.

9.4    It is the customer’s responsibility to ensure that the shipping address is correct as we are unable to redirect orders once they have been dispatched. We shall not be liable for any loss due to the customer providing an incorrect shipping address.

9.5    We insure each order during the time it is in transit until it is delivered to the customer’s specified delivery address. All deliveries require a signature for any goods delivered, at which point responsibility and title for the purchased goods passes to the customer, so the customer must ensure that someone is available to receive the delivery. If the customer has specified an alternative recipient for delivery purposes (for example as a gift), then the customer accepts that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by us, and transfer of responsibility and title in the same way.

9.6    We reserve the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

10.    DELIVERY WITHIN THE UNITED KINGDOM

10.1    Deliveries made to addresses within the United Kingdom will be charged at a flat fee of £6.00.

10.2    Delivery is free of charge for all orders over £150.00.

10.3    Deliveries shall be sent via Royal Mail Special Delivery Next Day service. Customers will be provided with a tracking number via email so that they can monitor the progress of their delivery at http://track2.royalmail.com. From time to time another method of delivery may be used, if necessary, without prior notification to the customer.

11.    EUROPEAN DELIVERY

11.1    All European deliveries will be charged at a flat fee of £15.00.

11.2    Delivery is free of charge for all orders over £150.00.

11.3    European deliveries shall be sent using the Royal Mail Airsure® service or, for countries where the Airsure® service is not available, the Royal Mail International Signed For service with Airmail delivery. From time to time another method of delivery may be used, if necessary, without prior notification to the customer.

11.4    For deliveries via Airsure®, customers will be provided with a tracking number via email so that they can monitor the progress of their delivery at http://track2.royalmail.com. While deliveries can be made to almost all destinations in the world, the Royal Mail Airsure® tracking service is only available to selected destinations as it can only be operated to the following countries and territories with the necessary systems and infrastructure to support the tracking requirements: Andorra, Austria, Australia, Azores (Portugal), Balearic Islands (Spain), Belgium, Brazil, Canada, Canary Islands (Spain), Corsica (France), Denmark, Estonia, Faroe Islands (Denmark), Finland, France, Germany, Hong Kong, Iceland, Irish Republic, Latvia, Liechtenstein, Luxembourg, Madeira (Portugal), Malaysia, Malta, Monaco (France), Netherlands, New Zealand, Portugal, Singapore, Spain, Sweden, Switzerland, USA.

11.5    The Airsure® service aims to deliver 2 working days after posting to Western Europe; 4 working days after posting to Eastern Europe and postal subsidiaries (Islands and Principalities); and 6 working days after posting to the Rest of the World; but deliveries could take anything up to 7-14 working days after dispatch.

11.6    The Royal Mail International Signed For service with Airmail delivery aims to deliver 3 working days after posting to Western Europe, 5 working days to Eastern Europe and postal subsidiaries (Islands and Principalities) and 7 working days for the rest of the world; but deliveries could take anything up to 7-14 working days after dispatch.

11.7     For deliveries via Royal Mail International Signed For service with Airmail delivery these items are only tracked up until the point that they leave the UK.

11.8     For deliveries via Royal Mail Airmail only, these items will not be tracked, and delivery is usually 5 working days after dispatch, but again deliveries could take anything up to 7-14 working days.

11.9     Deliveries cannot be posted to a PO Box address or parcel station.

12.    REST OF THE WORLD (INTERNATIONAL) DELIVERY

12.1    All other deliveries will be charged at a flat fee of £20.00.

12.2    Delivery is free of charge for all orders over £150.00.

12.3    Deliveries shall be sent using the Royal Mail Airsure® service or, for countries where the Airsure® service is not available, the Royal Mail International Signed For service with Airmail delivery. From time to time another method of delivery may be used, if necessary, without prior notification to the customer.

12.4    For deliveries via Airsure®, customers will be provided with a tracking number via email so that they can monitor the progress of their delivery at http://track2.royalmail.com. While deliveries can be made to almost all destinations in the world, the Royal Mail Airsure® tracking service is only available to selected destinations as it can only be operated to the following countries and territories with the necessary systems and infrastructure to support the tracking requirements: Andorra, Austria, Australia, Azores (Portugal), Balearic Islands (Spain), Belgium, Brazil, Canada, Canary Islands (Spain), Corsica (France), Denmark, Estonia, Faroe Islands (Denmark), Finland, France, Germany, Hong Kong, Iceland, Irish Republic, Latvia, Liechtenstein, Luxembourg, Madeira (Portugal), Malaysia, Malta, Monaco (France), Netherlands, New Zealand, Portugal, Singapore, Spain, Sweden, Switzerland, USA.

12.5    The Airsure® service aims to deliver 2 working days after posting to Western Europe; 4 working days after posting to Eastern Europe and postal subsidiaries (Islands and Principalities); and 6 working days after posting to the Rest of the World; but deliveries could take anything up to 7-14 working days after dispatch.

12.6    The Royal Mail International Signed For service with Airmail delivery aims to deliver 3 working days after posting to Western Europe, 5 working days to Eastern Europe and postal subsidiaries (Islands and Principalities) and 7 working days for the rest of the world; but deliveries could take anything up to 7-14 working days after dispatch.

12.7     For deliveries via Royal Mail International Signed For service with Airmail delivery these items are only tracked up until the point that they leave the UK.

12.8     For deliveries via Royal Mail Airmail only, these items will not be tracked, and delivery is usually 5 working days after dispatch, but again deliveries could take anything up to 7-14 working days.

12.9     Deliveries cannot be posted to a PO Box address or parcel station.

13.    CANCELLATION OF ORDERS FOR EU CUSTOMERS

13.1    Customers based in the EU have the right to cancel their order under the Consumer Protection (Distance Selling) Regulations 2000 (“DSR”), provided that you give us written Notice of Cancellation by email to contact@missmatahari.com within seven (7) working days of delivery and acceptance of the order.

13.2    On receipt and acceptance of your written Notice of Cancellation, we will process your cancellation request as a Return in accordance with clause 13.

14.    RETURNS

14.1    We will not accept any returns or exchanges of any items ordered by a customer except where the item ordered is faulty, damaged, not as ordered or, for EU customers, cancellation of the order pursuant to clause 12. In the case of an item not fitting, we are happy to offer an exchange. Please note we can only exchange the same item for a different size (if available in stock.) If no other suitable size available in stock another product may be offered.

14.2    To return an item, the customer must email contact@missmatahari.com to request a Return Authorisation (“RA”) Form. The customer must then complete this Form in full and return it by email to the email address given on the Form. Upon review, we will respond to the request via email with an RA number or with an explanation for the refusal of an RA number, and instructions for the return.

14.3    Returns must be sent via a secure and insured delivery service and the customer must retain proof of posting. We will not accept liability for goods not received or lost in transit.

14.4    No return will be accepted without an RA number and goods must be returned in unused condition with their original packaging, with all labels attached and together with the completed documentation required for the return. We will inform the customer of the destination for the return. Items must be returned within thirty (30) days from the date of original shipment.

14.5    We will not accept returns on any items garments that have been worn, washed or are soiled. Customers should ensure that, when trying items, they are not wearing any make up, deodorant or perfume which might in any way leave a scent or mark on the items.

14.6    Returns for items that are faulty, damaged, not as ordered will be shipped at our expense.

14.7    Returns for cancellation pursuant to clause 12 will be shipped at the customer’s expense.

14.8    For items returned that are faulty, damaged or not as ordered, we shall in our sole discretion provide the customer with a replacement of the item at issue, a repair of the item at issue, a credit against future orders made by the customer, or a refund of the full purchase price of the item at issue.

14.9    For items for cancellation pursuant to clause 12, we shall provide a refund of the full purchase price of the item at issue less any costs incurred by us for shipping.

14.10   Return shipping is complementary on any replacement item, but the customer shall be responsible for any duty and tax payable on shipping the replacement item.

14.11   Refunds shall be made by credit to the PayPal account or credit card originally used for payment, and we will not make refunds to a third party.

14.12   We reserve the right not to accept a return if the customer does not comply with the provisions of this clause.

15.    INTELLECTUAL PROPERTY

15.1    The use of the Store and its contents grants no rights to the customer in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in clause 14.3 below), including the Software and all HTML and other code contained in the Store.

15.2    All such Content, including trademarks, designs, and related intellectual property rights mentioned or displayed on the Store is protected by national intellectual property and other laws and international treaty provisions. The customer is permitted to use the Content only as expressly authorized by us and any reproduction or redistribution of the above listed Content is prohibited. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, the customer is permitted to make one copy for the purposes of viewing Content for your own personal use.

15.3    In addition to the Intellectual Property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on the Store.

16.    SECURITY

16.1    We try to ensure that the information on the Store is accurate, secure and complete.

16.2    While we exercise all due care and precautions, we cannot and do not guarantee or warrant that files posted to and/or available for downloading on the Website or delivered via electronic mail will be free of infection, viruses, defects, harmful components or any other codes that may have contaminating or destructive properties. The customer shall be responsible to ensure they have up to date virus checking software installed.

17.    NO COMMERCIAL USE

17.1    The Store is for the customer’s personal non-commercial use only.

17.2    The customer may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within the Store.

17.3    The customer may not use the Store, or any of its Content, to further any unauthorised commercial purpose, including any advertising or advertising revenue generation activity on any other website.

18.    CUSTOMER ACTIVITY

18.1    The customer agrees that the customer will be personally responsible for use of the Store and for all of communication and activity conducted on the Store.

18.2    If we determine that the customer is or has been engaged in any prohibited activities or otherwise violated these Terms and Conditions, we may deny the customer access to the Store on a temporary or permanent basis.

19.    THIRD PARTY SITES

19.1    We may include hyperlinks on the Store and Website to other websites or resources operated by third parties, including advertisers. We have not reviewed all of these sites and we are not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

20.    LIMITATION OF LIABILITY

20.1    The customer accepts all risks and responsibility for all loss, damage, costs and other consequences resulting from the customer’s use of the Store or the content, postings or material on or accessible through the Store (including search results, editorial content, user rating, any other content or transactions conducted through a linked site).

20.2    Except as expressly stated in these terms, we will not be liable for any loss whatsoever (including, without limitation, indirect, incidental, special, or consequential loss, loss of profits or loss of opportunity), expense, damage, or injury that is suffered (however so caused) in connection with the customer’s access to, or use of, or inability to use the Store or the content or materials of the Store (including linked websites), whether based in contract, tort, negligence, statute or any other legal theory, except for any liability that cannot be excluded.

21.    WARRANTIES

21.1    We provide the Store on an “as is” basis without any express or implied warranty of any kind.

21.2    In compiling content for the Store, we may rely on information supplied by a number of external sources and content posted by third parties, including the content of any messages or reviews.  As we do not control the content posted by third parties on the Store, we cannot and do not warrant the accuracy, completeness, integrity or quality of such information or content.  We do not warrant the information provided on the Store is free from human or automated error, and we shall not be responsible for any reliance on any information presented on the Store.

21.3    Where any legislation implies into this agreement any condition or warranty and that legislation voids or prohibits conditions in a contract excluding the application of the conditional warranty, and where such provisions cannot be excluded, our liability for any breach of the condition or warranty is limited to, at our option the cost of the item or items ordered.

22.    GENERAL

22.1    These Terms and Conditions are legally binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the England and Wales.

22.2    These Terms and Conditions will not be assignable or transferable by the customer without our prior written consent.

22.3    No failure or delay by us in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

22.4    If any part of these Terms and Conditions is found to be void, unlawful or unenforceable then that part will be deemed to be severed from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.

23.    COMPLAINTS AND/OR CONTACT

In the unlikely event of a dispute, customers requesting further information can email contact@missmatahari.com.

Call backs can be requested by submitting the enquiry form on the Contact page, stating the nature of the enquiry. We will aim to contact the customer within 48 hours between 10am – 6pm Monday – Friday. This service is only available to non-premium rate UK numbers.