These are the standard terms and conditions of sale for:

maximeilleur.com

("the Seller", "We" or "Us") for certain products as set out in the pages of this site ("the Goods"). Subject to the provisions of Clause 4.2 below, the price of the Goods, the delivery charges and value-added tax, if applicable, are set out on the Order Form. Whilst every effort is made to deliver the Goods in accordance with the timescales stated 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 buying goods from maximeilleur.com you enter into a legally binding agreement with us on the following Terms and Conditions. You should read and understand these Terms and Conditions 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 cancel this transaction. Details of your right to cancel will be sent to you with the Goods when they are delivered and can be found in Clause 9 below. [THE RIGHT TO CANCEL THE CONTRACT DOES NOT APPLY IN RESPECT OF AUDIO OR VIDEO RECORDINGS OR COMPUTER SOFTWARE THAT HAVE BEEN OPENED BY YOU].

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions regularly for changes.

THESE TERMS AND CONDITIONS DESCRIBE THE BASIS FOR YOUR PURCHASE FROM AND OUR SALE OF THE PRODUCTS DESCRIBED ON THIS WEBSITE.

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1. Interpretation
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1.1 In these Terms and Conditions:

'Conditions' means the standard terms and conditions of sale set out in this document;

'Contract' means the contract for the sale of the Goods;

'Payment Card' means the credit or debit card or other payment system chosen by you, used as the method of payment for the Goods and in respect of which you have provided details to us when placing the Order;

'Delivery Area' means EU.

'Goods' means those goods ordered by you including any instalment of the goods or any parts for them which are available for purchase from our Website in accordance with the Conditions;

'Information System' means a system for generating, sending, receiving, storing or otherwise processing electronic communications;

'Order' means an order placed by you for the supply of Goods;

'Order Form' means the electronic order form completed and submitted by you electronically;

'Regulations' means the Consumer Protection (Distance Selling) Regulations 2000;

'Website' means our presence on the world wide web, currently accessible via the address http://www.maximeilleur.com.

1.2 A reference to a law or statutory provisions is a reference to it as amended or re-enacted or to any regulations or orders made under it or to any law repealing and replacing it.

1.3 Unless the context otherwise requires:-

1.3.1 words importing the singular shall include the plural and vice versa

1.3.2 words importing the masculine gender shall include the feminine gender and vice versa

1.3.3 references to persons shall include bodies of persons whether corporate or unincorporated.

1.4 Unless the context otherwise requires, references to clauses shall be construed as references to clauses of these Conditions.

1.5. Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.

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2. Basis of Sale
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2.1 We shall sell to you and you shall purchase only those Goods detailed in an Order placed by you and which we have accepted. We reserve the right to refuse any Order. Each such sale of Goods will be subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any Order is made or purported to be made by you.

2.2 No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.

2.3 No variation to these Conditions shall be binding upon us unless and until agreed by e-mail or in writing by us.

2.4 Any advice or recommendation given on this website or otherwise given by us or any of our employees or agents to you as to the storage, application or use of the Goods is followed or acted upon entirely at your own risk, and accordingly we shall not be liable for any such advice or recommendation.

2.5 Any typographical, clerical or other error or omission on any page of this website or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction 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 shall be those set out in your Order (if accepted by us).

3.2 Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your credit or debit card is authorised for the transaction.

3.3 maximeilleur.com has the right to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on our website.

3.4 You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.

3.5 The quantity, quality and description of and any specification for the Goods shall be those set out on the relevant pages of this site.

3.6 We reserve the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements or where any particular Goods are unavailable to substitute them with Goods of an equivalent nature and price.

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4. Price of Products
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4.1 The price of the Goods shall be the price set out on the relevant page of this site. We reserve the right to change the prices set out on this site provided that if we accept an order from you, the price for the Goods will be the price set out 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 reconfirm that the new price is acceptable. If it is not acceptable, you will, of course, have the option of cancelling the order.

4.3 You shall be liable to pay our charges for transport, packaging and insurance as set out on the Order Form in addition to the price of the Goods.

4.4 The total price will include any applicable value added tax.

4.5 Free gifts are limited to one per household

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5. Terms of Payment
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5.1 Upon providing us with details of the Payment Card and submitting the Order, you:

5.1.1 confirm, covenant and undertake that the information contained in the Order is true and accurate and that you are duly authorised to use the Payment Card; and

5.1.2 authorise us to deduct from the Payment Card account the full price of the Goods and all other payments which may become due to us under the Contract.

5.2 The deduction of money from your Payment Card does not mean that we have accepted your order, nor does it mean that a contract has been formed between us. In the event that we reject your order, we will credit your Payment Card with the amount deducted.

5.3 If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we may cancel the Order or suspend any 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 shall credit the Payment Card with the appropriate amount.

5.5 We will take all reasonable precautions to keep the details of your order and payment secure, but unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you, including credit and account details, when accessing or ordering from this Website.

5.6 We reserve the right to refuse orders where we deem them to be for resale purposes.

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6. Delivery
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6.1 Delivery of the Goods shall be made by us or our carrier to the address for delivery shown in the Order Form. It is important that this address is accurate. You must state exactly where you would like the Products left if you are out when we deliver. We cannot accept any 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 stated for such delivery on the relevant page and subject to our obligations under the Regulations, any dates quoted for the delivery of the Goods are approximate only and we shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence of the Contract. The Goods may be delivered by us in advance of the quoted delivery date. If delivery is delayed by a cause beyond our reasonable control, then the delivery date shall 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 phone, fax, letter or e-mail.

6.4 The Goods may be delivered by us in advance of the quoted delivery date. If delivery is delayed by a cause beyond our reasonable control, then the delivery date shall be extended by a reasonable period and we will contact you to arrange an alternative time.

6.5 If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and accordingly we are liable to you, our liability shall be limited to the price of the Goods.

6.6 If you fail to take delivery of the Goods or fail to give us adequate delivery instructions then, without prejudice to any other right or remedy available to us, we may cancel the Contract and refund to you the price of the goods, less the cost of their delivery and the cost of their being returned to us.

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7. Risk and Ownership
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7.1 Risk of damage to or loss of the Goods shall pass to you at the time of delivery or, if you wrongfully fail to take delivery of the Goods, at the time when we or our carrier has tendered delivery of the Goods.

7.2 Notwithstanding the provisions of Clause 9 and notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods. [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 which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by you) be notified to the Company within 14 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused and you do not notify us accordingly, you shall not be entitled to reject the Goods and we shall have no liability for such defect or failure, and you shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.

8.3 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods is notified to us in accordance with these Conditions, we shall be entitled to replace the Goods (or the part in question) free of charge or, at our sole discretion, refund to you the price of the Goods (or a proportionate part of the price), but we shall 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 BY REASON OF ANY REPRESENTATION (UNLESS FRAUDULENT), OR ANY IMPLIED WARRANTY, CONDITION OR OTHER TERM, OR ANY DUTY AT COMMON LAW, OR UNDER THE EXPRESS TERMS OF THE CONTRACT, FOR ANY LOSS OF REVENUE OR PROFITS; LOSS OF ANTICIPATED SAVINGS; LOSS OF GOODWILL OR INJURY TO REPUTATION; LOSS OF BUSINESS OPPORTUNITIES; LOSSES SUFFERED BY THIRD PARTIES; OR ANY OTHER INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS OR DAMAGE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), ARISING OUT OF OR IN CONNECTION WITH THE PROVISION 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 CONDITIONS.

8.5 SUBJECT TO OUR OBLIGATIONS AND YOUR RIGHTS UNDER THE REGULATIONS, WE SHALL NOT BE LIABLE TO YOU OR BE DEEMED TO BE IN BREACH OF THE CONTRACT BY REASON OF ANY DELAY IN PERFORMING, OR ANY FAILURE TO PERFORM, ANY OF OUR OBLIGATIONS IN RELATION TO THE GOODS, IF THE DELAY OR FAILURE WAS DUE TO ANY CAUSE BEYOND OUR REASONABLE CONTROL.

8.6 We accept no responsibility for the content of other websites to which this website has links.

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9. Right of Cancellation
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9.1 Subject to the provisions of Clause 9.3, you have 14 days from the date you receive the Goods to cancel the Contract and return the Goods to us. Subject to the provisions of Clause 9.4, you will be responsible for payment of the direct costs of returning the Goods to us.

9.2 The right to cancel the Contract will not affect your statutory rights.

9.3 The right to cancel the Contract shall not apply in respect of any audio or video recordings or computer software which have been unsealed by the Customer.

9.4 In the event that we supply substitute Goods to you in accordance with the provisions of Clause 2, your right of cancellation as set out above shall apply, save that the cost of returning the goods shall be borne by us.

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10. Communications
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10.1 Any communication sent by electronic mail or otherwise by electronic means shall be deemed to be sent:

10.1.1 at the time it enters an Information System outside the control of the sender of the communication;

10.1.2 to be received by the intended recipient at the time it enters into an Information System accessible to the intended recipient in a readable form;

10.1.3 to be dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides

10.1.4 to be received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.

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11. General
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11.1 Any notice sent by post shall be deemed to have been received by the intended recipient three days after posting if sent by first class post, or five days after posting if sent by second class post.

11.2 No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

11.3 No provision of the Contract is intended to confer a benefit on, or to be enforceable by, any person who is not a party to the Agreement (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, unlawful or unenforceable in whole or in part in any jurisdiction, this shall not affect the validity or enforceability of the other provisions of these Terms and the remainder of the provision in question 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 the necessary anti-fraud checks. Personal Information you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.