terms & conditions
Introduction
The terms and conditions set out here govern the relationship between munchie & millie (the 'seller') and you the customer (or 'buyer'), in relation to the use of this website.
The terms 'munchie & millie' or 'us' or 'we' or 'our' refer to the owner/operator of this website. The term 'you' refers to the customer or user of this website.
Use of this website and/or any service contained herein constitutes an acceptance to comply with and be bound by these terms and conditions in full.
Any purchase from this website creates a contract between you (the buyer) and us (the seller) for the purchase and sale of goods incorporating these terms and conditions.
Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children.
You must not purchase items from this website if you do not accept these terms and conditions in full.
These terms and conditions shall apply to all contracts for sale of goods by the seller to the buyer and shall prevail over any other documentation or communication from the buyer.
Nothing in these terms and conditions shall affect the buyer's statutory rights.
Content
The content of the pages of this website is for your general information and use only. It is subject to change without notice. We reserve the right to withdraw goods from the website at any time, and to change price and/or specification of any item at our discretion.
While we endeavour to maintain the accuracy of the information on this website (and it is our own interest to do so), neither we, nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
License
Unless otherwise stated this website and any material contained herein, are owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Subject to the following licence conditions, all rights are reserved.
This license permits you to access the content, information and services contained within this website for personal use only. You may view, download (for the purpose of caching using your browser), and print pages from this website for your own personal use, subject to the restrictions set out in these terms and conditions.
Any reproduction, duplication, copying or editing of material from this website, either in full or in part, is strictly prohibited, other than in accordance with the terms of the license and the copyright notice, which forms part of these terms and conditions, and in any case must have our express prior written permission.
Material on or from this website must not be edited or modified in any way other than by authorised personnel.
Redistribution of material from this website is only allowed where the content is specifically and expressly made available for redistribution (such as our newsletter).
Material from this website must not be republished (including republication on another website), sold, rented or sub-licensed without our express prior written permission.
Restrictions on Use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express prior written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express prior written consent.
Restricted Access
Access to certain areas of our website is restricted. We reserve the right to restrict access to [other] areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.
We may disable your user ID and password at our sole discretion without notice or explanation.
User Generated Content
'User generated content' refers to material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
Where the facility exists you may provide reviews or public feedback on the website of products purchased by you. Such user generated content may be provided in different formats and mediums; text, audio, video and still photographs.
As part of providing this content to us you agree to grant us a worldwide, irrevocable, non-exclusive and royalty-free license to use, reproduce, adapt, edit, publish, translate and distribute such content in any existing or future media, as we require, including sub-licensing these rights to other parties, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law of any jurisdiction in which it may be displayed). Such content shall not infringe the intellectual property rights of any other party.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website which breaches or risks breaching these terms and conditions.
Notwithstanding our rights under these terms and conditions in relation to user generated content, we do not undertake to audit or monitor the submission of such content to, or the publication of such content on, our website, and assume no responsibility for it.
Any complaints about such content by rights holders or any user or visitor to our website should be directed to us using the information provided on the contact us page of this website.
Copyright
All trade marks reproduced in this website which are not the property of, or licensed to the owner/operator, are acknowledged on the website.
All content (including but not limited to), databases, design, graphics, buttons, icons, logos, layouts, look and appearance are our copyright or licensed to us, unless expressly acknowledged as otherwise.
The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
Privacy
munchie & millie is committed to protecting your privacy online, and we have taken steps to ensure that your privacy is respected. One of the ways in which we do this is by telling you what information we collect, how we collect it, and how you can remove your details from our database.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required to do so by law.
For further information on our privacy policy, please see the privacy section of this website.
Customer Information
You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment. You are responsible for your customer account and any actions taken within it.
As a customer you are responsible for storing your own username and password securely, and that the details required to access your customer account are not provided to any other party. If you are aware of or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we unilaterally deem it appropriate or necessary.
Product Information
We make every effort to ensure that product descriptions and pricing displayed on our website is accurate.
You should be aware that when an item is handmade there will be a degree of variation. This may mean marks or blemishes which should be regarded as integral to the character of a handmade product and enhancing its appearance, rather than the uniformity of a factory produced product. Similarly, weights given are approximate.
If an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at any time up to the shipment of that order and any related items.
We reserve the right to alter all product descriptions and pricing without notice.
Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment and that payment has been received in our own bank account, and your order has been shipped.
Availability
Even though we try really hard to keep all of our items in stock, inevitably there will be occasions when we run out of something, either because there has been a delay in delivery from our suppliers or demand has been greater than we anticipated. If this happens we will contact you by email to see if you would be willing to wait until the item becomes available, or would prefer a refund or an alternative item. If we do not receive a reply to our email we will assume that you are happy to wait for the product to come back into stock.
We will not be held responsible for any losses, costs, damages, charges or expenses that may be due to delay in the delivery of goods.
Orders
It shall be your own responsibility to ensure that any products, services or information purchased or made available through this website meet your specific requirements.
When you place an order you will automatically receive a confirmation email from us to confirm your order.
Your order constitutes an offer made by you to us to purchase the goods specified in the order, and is only accepted by us once we have notified you by email to confirm the dispatch of your order.
Product items not included within the dispatch email are not included in the order, nor in the contract between you and us.
We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected. We may choose not to accept an order for any reason.
If payment has already been made and we are reasonably unable to ascertain these details or resolve these issues, a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
We accept no liability to anyone for withdrawing any products or services from the website or for refusing to process an order.
Payments
All prices on this website are quoted in pounds sterling, are inclusive of VAT at the current rate and are exclusive of packaging and delivery charges.
Payment for Goods must be received, authorised and funds cleared before despatch.
We accept the following methods of payment: Paypal, Visa, Visa Delta, Visa Electron, Mastercard/Eurocard, Maestro and Solo (which are all processed using secure transactions through our website), cheque and postal order.
We reserve the right to refuse payment by the purchaser by one or more of these payment methods.
We recommend that customers paying online retain a copy of the transaction and the relevant reference numbers to speed up resolution of any queries should they occur.
Delivery
munchie & millie will arrange delivery of your order to the address you provided for delivery at the time you made your order.
Please allow 12 working days for delivery, however, we aim to despatch within 3 working days of receipt of your order. All orders received by us are shipped subject to availability.
We reserve the right to ship products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase. In this situation you will be contacted and either asked to confirm that you are willing to wait for the product to return to stock, or offered an alternative product or a full refund.
Deliveries are sent either by Royal Mail, or orders over 1.5kg will be sent via one of our nominated courier services. If you are likely not to be at home during the day, it is often better to have your parcel delivered to a business address where you can be sure there will be someone there to sign for it. Couriers will not leave packages that have not been signed for. If no one is available to sign for your parcel a calling card will be left and it will be taken back to the depot, you may then arrange a more convenient time for delivery. Please be aware that we cannot be held responsible for delays caused by any delivery company, however, in order to maintain quality of service to our customers, we will monitor their performance and may contact you for information regarding delivery of your order.
Confirmation of despatch of your parcel will be sent to you by email. You should then allow up to 5 working days to receive your parcel before contacting us. If you need to report a non-delivery, please use the contact information given in the contact us section.
For further information on our delivery policy, please see the delivery information section of this website.
Cancellation Rights
Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel an order and return any goods to us (see returns policy) up to 7 days from receipt. Our terms and conditions allow cancellation of an order within 14 days from the day after you receive your goods. To exercise this right you must notify us in writing, either by email or letter. For further information see our returns policy.
No right of cancellation exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have used your product, unless the product is defective and you are returning it for this reason.
No right of cancellation exists for personalised goods or goods that are intimate in their nature or goods where there may be hygiene issues, unless defective.
Nothing in our terms and conditions affect your statutory rights.
Returns & Refunds
We hope you will be delighted with your purchase, however, should you wish to return anything bought from munchie & millie we will be happy to exchange or refund your purchase, providing you return the goods to us unused, undamaged and in the original packaging (including any accessories, brochures, manuals, guarantees or warranties that came with the product) within 14 days from the day after the goods are received.
Customers may return unused products within the 14 day period to the address listed in our contact us section of this website.
Refunds will only be processed once the items in question have been returned to us and checked.
Refunds can only be issued back to the original method of payment. We will endeavour to issue all refunds within 5 working days of receipt of the item. We will email you to confirm as soon as your refund has been issued.
For further information on our returns and refunds policy, please see the returns policy section of this website.
Customer Complaints
You may contact us using any of the means available to you which can be found in the contact us section of this website.
We endeavour to respond to all customer complaints or queries within two working days.
Events Outside of Our Control
We shall not be liable for any damage, delay or failure to perform any obligation under these terms and conditions if the damage, delay or failure is caused by any circumstances beyond our reasonable control, including, without limitation, acts of god, war, fire, explosion, accident, civil disorder or industrial dispute, or breakdown of systems or network access.
Limitations & Exclusions of Liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that content, information and services on the website are provided without charge, we exclude all liability for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
Our liability for all business losses, including (without limitation), loss of or damage to profits, income, revenue, goodwill, use, production, anticipated savings, contracts and other commercial opportunities are all excluded.
All losses relating to the loss or corruption of data, databases, systems, software or hardware are excluded.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
All other losses or damages not reasonably foreseeable at the time of the contract between you and us are also excluded.
Limited Warranties
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Indemnity
By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times, now and in the future, against all possible claims relating to any breach by you of any provision of these terms and conditions. Such indemnities to include, but not be limited to, all losses, costs, liabilities and expenses(including without limitation, legal and other expenses), damages or settlements incurred or suffered by us arising from your breach of these terms and conditions.
Variation
We reserve the right to vary these terms & conditions at any time, without giving notice to you. Revised terms and conditions will apply to the use of our website from the date of publication on our website.
Assignment
We reserve the right to transfer, assign, or otherwise deal with our rights and/or our obligations under these terms and conditions, without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
Should any provisions within these terms and conditions be determined to be invalid, unlawful and/or unenforceable by any court or other competent authority, the other provisions will continue in effect. If any invalid, unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Waiver
Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.
Third Parties
These terms and conditions are for the benefit of you and us. They do not apply to, or benefit any third party and are not reliant on any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
Linking
This website may, from time to time, include links to other websites. These links are provided for your convenience to provide further information. They do not signify endorsement of the website(s) being linked to or their content. We accept no responsibility for the content of the linked website(s).
Inbound links to this website should only be to the main index page. You may not create an inbound link to any other page of this website (from another website or any other source) without our express prior written consent. The content of such links should not be misleading, false, derogatory or offensive in any way.
Cookies
We obtain some information automatically using ‘cookies’ when you use our website. Cookies are small text files that your web browser software stores on your computer when you visit certain web pages.
We use cookies to make it easier to use our site, for example, to remember you when you come back to our site and to keep track of what you have in your basket. Cookies make the interaction between users and websites faster and easier.
Cookies cannot harm your computer and do not contain any private or personal information.
We rely on cookies to make your shopping experience easier, so your browser must be set to accept cookies before you can use the website fully or place an order.
You can change the cookie setting in your browser's Preferences, usually found in the Edit menu.
You can set your website to reject cookies by adjusting your internet browser settings not to accept cookies. The help option on your web browser should explain how to do this, or you can go to http://www.aboutcookies.org/ for more details about cookies and how to reject them. However, please be aware that our website (like most shopping websites) will not work without cookies.
Entire Terms & Conditions
These terms and conditions, together with our privacy, delivery and returns policies, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
Breach of terms and conditions
Without prejudice to our other rights under these terms and conditions, we reserve the right to take such action as we deem appropriate to deal with breaches of these terms and conditions, including, but not limited to, prohibiting access to the website.
Jurisdiction
These terms and conditions will be governed by and construed in accordance with English law. Any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.
Contact Details
You can find all the information necessary to get in touch with us in the contact us section of this website.
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