Terms and Conditions
These are the standard sales conditions of:
maximeilleur.com
("the Seller", "We" or "Us") for certain products set out in the pages on this site ("the Goods"). Subject to the provisions of clause 4.2 below, the price of the Goods, delivery costs and value added tax, if applicable, will be set out on the Order Form. Whilst every effort will be made to deliver the Goods in accordance with the timescales set out for delivery on the relevant pages, we accept no liability for late delivery of the Goods and your attention is drawn to the provisions of clause 6 below.
By placing an Order and purchasing goods from maximeilleur.com you are entering into a legally binding agreement with us subject to the following Terms and Conditions. You must read and understand these Terms as they affect your rights and liabilities.
In accordance with the provisions of the Consumer Protection (Conclusion of a Contract at a Distance) Regulations 2000, you have the right to withdraw from this transaction. Details of your right of withdrawal will be sent to you with the Goods when they are delivered and can be found in Clause 9 below. [THE RIGHT TO WITHDRAW FROM THIS AGREEMENT SHALL NOT APPLY WITH RESPECT TO ANY AUDIO OR VIDEO RECORDINGS OR COMPUTER SOFTWARE ACCESSED BY YOU].
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms regularly for changes.
THESE TERMS SET FORTH THE BASIS FOR THE PURCHASE BY YOU AND THE SALE BY US OF THE PRODUCTS DESCRIBED ON THIS WEBSITE.
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1. Interpretation
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1.1 In these Terms and Conditions the following definitions apply:
'Conditions' means the standard terms and conditions of sale contained in this document;
Contract": the contract for the sale of the Goods;
Payment Card' the credit or debit card or other payment system chosen by you which is used as the payment method for the Goods and details of which you have provided to us when placing the Order;
'Delivery Area' means the United Kingdom.
'Goods' that you have ordered, including some or parts of the goods available for purchase on our Website in accordance with the Terms;
“Information System” means a system for generating, transmitting, receiving, storing or otherwise processing electronic communications;
Order': an order placed by you with us for the delivery of Goods;
Order Form' means the electronic order form that you complete and submit electronically;
Regulations' means the Consumer Protection (Distance Selling) Regulations 2000;
Website' our presence on the World Wide Web, currently accessible at http://www.maximeilleur.com.
1.2 A reference to a law or statutory provisions shall be deemed to include any statutory amendments or rearrangements thereof or any rules or regulations made thereunder or any law that repeals and replaces the said law.
1.3 Unless the context otherwise requires:-
1.3.1 words meaning the singular include the plural and vice versa
1.3.2 Words denoting the masculine gender also include the feminine gender and vice versa
1.3.3 references to persons include bodies of persons, both companies and associations.
1.4 Unless the context otherwise requires, references to clauses shall be construed as references to clauses of these Terms.
1.5. Headings are included for convenience only and will not affect the construction or interpretation of these Terms.
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2. Basis of sale
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2.1 We sell to you and you only purchase those Goods which you have specified in an Order and which have been accepted by us. We reserve the right to refuse any Order. Any such sale of Goods will be subject to these Terms, which apply to the Agreement to the exclusion of any other terms on which an Order is made or deemed to be made by you.
2.2 No Order submitted by you will be deemed to have been accepted by us unless and until confirmed by us by email or in writing.
2.3 No change to these Terms will be binding on us unless and until agreed to by us by email or in writing.
2.4 Any advice or recommendation given on this website or otherwise given to you by us or any of our employees or agents in relation to the storage, application or use of the Goods is followed or acted upon entirely at your own risk , and accordingly we shall have no liability for any such advice or recommendation.
2.5 Any typographical, clerical or other errors or omissions on any page of this website or in any sales literature, quotations, price lists, acceptances of quotations, invoices or other documents or information issued by us may be corrected without any liability on our part.
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3. Orders
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3.1 The quantity, quality and description of the Goods will be as set out in your Order (if accepted by us).
3.2 Orders are accepted at our sole discretion but will normally be accepted if the Goods are available, the order matches current prices, you are located in the Delivery Area and your credit or debit card is authorized for the transaction.
3.3 maximeilleur.com has the right to withdraw from any contract in the event of obvious errors or inaccuracies relating to the Goods listed on our website.
3.4 You are responsible for ensuring the accuracy of the terms of any Order submitted by you and for providing us with all necessary information relating to the Goods within a sufficient time to enable us to complete the Agreement to be carried out in accordance with the terms and conditions.
3.5 The quantity, quality and description of, and any specification for, the Goods will be as set out on the relevant pages of this site.
3.6 We reserve the right to make changes to the specification of the Goods required to comply with any applicable statutory or EC requirements or where a particular Good is unavailable to replace the Goods ordered with other Goods available in essentially comparable in nature and price.
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4. Price of products
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4.1 The price of the Goods is the price stated on the relevant page of this site. We reserve the right to change the prices quoted on this site provided that if we accept an order from you, the price for the Goods will be the price quoted in the relevant range at the time the order is placed .
4.2 If the price of the goods increases between the date we accept your order and the delivery date, we will let you know and ask you to confirm [by email/in writing] that the new price is acceptable. If the price is not acceptable, you obviously have the option to cancel the order.
4.3 In addition to the price of the Goods, you will be liable for our costs for transport, packaging and insurance as stated on the Order Form.
4.4 The total price includes any applicable value added tax.
4.5 Free gifts are limited to one per household
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5. Payment terms
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5.1 When you provide us with your Payment Card details and submit the Order, you confirm:
5.1.1 you confirm and undertake that the information in the Order is true and accurate and that you are duly authorized to use the Payment Card; and
5.1.2 you authorize us to deduct from the Payment Card Account the full price of the Goods and any other payments which may be due to us under the Contract.
5.2 Debiting money from your Payment Card does not mean that we have accepted your order or that an agreement has been concluded between us. In the event that we reject your order, we will credit your Payment Card with the deducted amount.
5.3 If it is not possible to obtain full payment for the Goods from your account upon delivery of the Goods to you, we may cancel the Order or suspend further deliveries to you. This does not affect any other rights we may have.
5.4 Where Goods are returned by you in accordance with your rights under the provisions of clause 9, we will credit the Payment Card with the applicable amount.
5.5 We will take all reasonable steps to keep all information relating to your order secure, but we cannot be held liable for any loss you may suffer if a third party gains unauthorized access to any data, including credit and account details, that you provide to accessing or ordering from this website, unless this is solely due to our negligence.
5.6 We reserve the right to refuse orders that we believe are intended for resale.
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6. Delivery
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6.1 Delivery of the Goods will be made by us or our carrier to the delivery address stated in the Order Form. It is important that this address is correct. You must indicate exactly where you wish to leave the Products if you are not at home when we deliver the Products. We cannot accept liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.
6.2 Whilst every effort will be made to ensure that all Goods ordered are delivered within the period specified for the delivery of such Goods on the relevant page and subject to our obligations under the Regulations, all dates stated for delivery of the Goods are approximate only and we will not be liable for any delay in delivery of the Goods howsoever caused. The time of delivery is not material to the Contract. The Goods may be delivered by us before the estimated delivery date. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
6.3 Customers have two working days to report any missing items from their order, either by telephone, fax, letter or email.
6.4 The goods may be delivered in parts at our discretion. Each delivery constitutes a separate contract and if we fail to deliver one or more installments in accordance with these terms and conditions or if you make a claim in respect of one or more installments you will not be entitled to treat the contract as a whole as repudiated.
6.5 If we fail to supply the Goods (or any part delivery) for any reason other than a cause beyond our reasonable control or your fault, and we are liable to you accordingly, our liability will be limited to the price of the Goods.
6.6 If you do not take delivery of the Goods or do not give us suitable delivery instructions then we may, without prejudice to any other right or remedy available to us, cancel the Contract and refund to you the price of the Goods less the cost of their delivery and the costs of their return to us.
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7. Risk and Ownership
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7.1 The risk of damage to or loss of the Goods passes to you at the time of delivery or, if you wrongfully fail to take delivery of the Goods, when we or our carrier take delivery of the Goods.
7.2 Subject to the provisions of clause 9 and notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, title to the Goods will not pass to you until we have paid the full price of the Goods in cash or have received released funds. [The Goods supplied to you are not for resale].
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8. Warranties and Liability
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8.1 Your statutory rights are not affected by these Terms and Conditions.
8.2 Any claim by you based on a defect in the quality or condition of the Goods or the failure of the Goods to conform to specification must (whether or not delivery has been refused by you) be reported to the Company within 14 days from the date of delivery or (if the defect or defect was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or defect. If delivery is not refused and you do not notify us, you shall have no right to reject the Goods and we shall have no liability for any such defect or defect and you shall be liable to pay the price as if the Goods have been delivered in accordance with the Contract.
8.3 Where a valid claim in respect of any of the Goods is based on a defect in the quality or condition of the Goods is notified to us in accordance with these Terms, we shall be entitled to return the Goods (or the part in matter) free of charge or, at our option, refund the price of the Goods (or a proportionate part of the price) to you, but we will have no further liability to you.
8. 4 EXCEPT IN RESPECT OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, WE SHALL NOT BE LIABLE TO YOU UNDER ANY REPRESENTATION (UNLESS FRAUDULENT), OR ANY IMPLIED WARRANTY, CONDITION OR OTHER TERMS, OR ANY DUTY UNDER COMMON LAW T , OR UNDER THE EXPRESS TERMS OF THE CONTRACT, FOR ANY LOSS OF REVENUE OR PROFITS; LOSS OF EXPECTED SAVINGS; LOSS OF GOODWILL OR DAMAGE TO REPUTATION; LOSS OF BUSINESS OPPORTUNITIES; LOSSES SUFFERED BY THIRD PARTIES; OR ANY OTHER INDIRECT, CONSEQUENTIAL OR SPECIAL LOSSES OR DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY OF THE GOODS OR THEIR USE OR RESALE BY YOU, AND OUR ENTIRE LIABILITY UNDER OR IN CONNECTION WITH THE CONTRACT SHALL NOT EXCEED THE PRICE OF THE GOODS EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS.
8.5 SUBJECT TO OUR OBLIGATIONS AND YOUR RIGHTS UNDER THE REGULATIONS, WE SHALL NOT BE LIABLE TO YOU OR DEEMED TO BE IN BREACH OF CONTRACT BY REASON OF ANY DELAY IN EXECUTION, OR ANY FAILURE TO EXECUTE, ANY OF OUR OBLIGATIONS IN RESPECT OF THE GOODS, IF THE DELAY OR FAILURE WAS DUE TO A CAUSE BEYOND OUR REASONABLE CONTROL.
8.6 We take no responsibility for the content of other websites to which this website has links.
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9. Right of withdrawal
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9.1 Subject to the provisions of clause 9.3, you have 14 days from the date on which you receive the Goods to withdraw from the Contract and return the Goods to us. Subject to clause 9.4, you will be responsible for paying the direct costs of returning the Goods to us.
9.2 The right to withdraw from the contract does not affect your statutory rights.
9.3 The right to withdraw from the Contract does not apply in respect of any audio or video recordings or computer software accessed by the Customer.
9.4 In the event that we supply replacement Goods to you in accordance with the provisions of Article 2, your right of withdrawal will be as set out above, except that the costs of returning the Goods will be borne by us.
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10. Communication
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10.1 Any electronically sent communication by email or otherwise:
10.1.1 is deemed to have been sent when it enters an Information System beyond the control of the sender of the message;
10.1.2 shall be deemed to have been received by the intended recipient when it enters an information system accessible to the intended recipient in a readable form;
10.1.3 is deemed to have been sent in the case of a company at its principal place of business and in the case of an individual where he or she normally resides
10.1.4. is deemed to have been received in the case of a company at its principal place of business and in the case of an individual where he or she has his or her habitual residence.
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11. General
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11.1 Any communication sent by post will be deemed to have been received by the intended recipient three days after sending if sent by first class post, or five days after sending if sent by second class post.
11.2 No waiver by us of any breach of the Contract by you will be deemed to be a waiver of any subsequent breach of the same or any other provision.
11.3 No provision of the Contract is intended to confer any benefit on, or be enforceable by, any person who is not a party to the Contract (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
11.4 If any provision of these Terms is held by any court or competent authority to be invalid, illegal or unenforceable in whole or in part in any jurisdiction, that shall not affect the validity or enforceability of the remaining provisions of these Terms and the remainder of the relevant provision shall not be affected nor shall it affect the validity, legality or enforceability of that provision in any other jurisdiction.
11.5 The Contract shall be governed by the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the English courts.
11.6 The headings in these Terms are for convenience only and shall not affect their interpretation.
11.7 You agree that we may use Personal Information provided by you to carry out necessary anti-fraud checks. Personal information you provide may be disclosed to a credit reference or fraud prevention agency, who may keep a record of that information