{"id":38,"date":"2015-07-17T13:54:12","date_gmt":"2015-07-17T12:54:12","guid":{"rendered":"http:\/\/www.mirabellatunics.co.uk\/?page_id=38"},"modified":"2023-01-11T16:24:42","modified_gmt":"2023-01-11T16:24:42","slug":"terms-conditions","status":"publish","type":"page","link":"https:\/\/www.mirabellatunics.co.uk\/terms-conditions\/","title":{"rendered":"Terms & Conditions"},"content":{"rendered":"\n

TERMS AND CONDITIONS OF SALE<\/strong><\/p>\n\n\n\n

The\nBuyer\u2019s attention is particularly drawn to Clause 11<\/strong><\/p>\n\n\n\n

1.            Definitions<\/strong><\/p>\n\n\n\n

Seller                                    <\/strong>means DK Europe Ltd of Unit 1B Wingfield Court,<\/p>\n\n\n\n

Clay Cross, Derbyshire, S45 9JA, United Kingdom<\/p>\n\n\n\n

Buyer <\/strong>                                   the\nperson who buys or agrees to buy the goods from the Seller.<\/p>\n\n\n\n

Conditions                          <\/strong>the terms and conditions of sale\nas set out in this document and any special terms and conditions agreed in\nwriting by the Seller.<\/p>\n\n\n\n

Goods                                   <\/strong>the items\nwhich the Buyer agrees to buy from the Seller as set out in the Schedule.<\/p>\n\n\n\n

Price                                      <\/strong>the\nprice for the Goods, excluding VAT and any carriage, packaging and insurance\ncosts.<\/p>\n\n\n\n

Force Majeure Event<\/strong>      has\nthe meaning set out in clause 11.<\/p>\n\n\n\n

2.            Conditions<\/strong><\/p>\n\n\n\n

2.1          These Conditions shall form the basis\nof the contract between the Seller and the Buyer in relation to the sale of\nGoods, to the exclusion of all other terms and conditions including the Buyer\u2019s\nstandard conditions of purchase or any other conditions which the Buyer may\npurport to apply under any purchase order or confirmation of order or any other\ndocument.<\/p>\n\n\n\n

2.2          All orders for Goods shall be deemed\nto be an offer by the Buyer to purchase Goods from the Seller pursuant to these\nConditions.   <\/p>\n\n\n\n

2.3          Placing an order shall be deemed to be conclusive evidence of the Buyer\u2019s acceptance of these Conditions.<\/p>\n\n\n\n

2.4          These Conditions may not be varied\nexcept by the written agreement of a director of the Seller. <\/p>\n\n\n\n

2.5          These Conditions represent the whole\nof the agreement between the Seller and the Buyer.  They supersede any other conditions\npreviously issued.<\/p>\n\n\n\n

3.            Price<\/strong><\/p>\n\n\n\n

The Price shall be the price\nquoted on the Seller\u2019s confirmation of order. <\/p>\n\n\n\n

4.            Payment and Interest<\/strong><\/p>\n\n\n\n

4.1          Payment of the Price and VAT shall be in\nadvance of delivery and at the point of order.<\/p>\n\n\n\n

4.2          The Buyer shall pay all accounts in\nadvance and not exercise any rights of set-off or counter-claim against\ninvoices submitted by the Seller.<\/p>\n\n\n\n

5.            Goods<\/strong><\/p>\n\n\n\n

5.1          The Goods are as described on our\nwebsite www.mirabellatunics.co.uk<\/p>\n\n\n\n

5.2          For commercial reasons the Seller reserves the right to amend or change the specification of the Goods at any time and without notice. We may from time to time substitute with a similar brand if otherwise out of stock.<\/p>\n\n\n\n

6.            Delivery\nof the Goods<\/strong><\/p>\n\n\n\n

6.1          Delivery of the Goods shall be made to the Buyer\u2019s address as advised by the Buyer on their order.  The Buyer shall make all arrangements necessary to take delivery of the Goods.<\/p>\n\n\n\n

6.2          The Seller undertakes to use its\nreasonable endeavours to despatch the Goods on an agreed delivery date, but\ndoes not guarantee to do so.  Time of\ndelivery shall not be of the essence of the contract.<\/p>\n\n\n\n

6.3          The Seller shall not be liable to the\nBuyer for any loss or damage whether arising directly or indirectly from the\nlate delivery or short delivery of the Goods. \nIf short delivery does take place, the Buyer may not reject the Goods\nbut shall accept the Goods delivered as part performance of the contract, and a\npro-rata adjustment to the Price shall be made.<\/p>\n\n\n\n

6.4          If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.<\/p>\n\n\n\n

6.5 Covid 19 delays – Due to courier delays caused by Covid 19 we cannot accept any claims for non-delivery until 28 days have elapsed after the date on which delivery would have normally been expected.<\/p>\n\n\n\n

6.6 We will dispatch to the address provided by the Buyer. The Buyer takes full responsibility for the accuracy of their address. Should the Buyer state an incorrect delivery address and our courier is unable to deliver, we shall deem the order to have been delivered unless it has been returned to us by the courier. Therefore no refund or replacement is due from the Seller to the Buyer.<\/p>\n\n\n\n

6.7 In the event the Buyer has been informed that delivery has been attempted and that the Goods are being held locally to the Buyer for them to collect and the Buyer fails to collect within 7 days from notification then the Seller reserves the right to have the Goods returned back to the Seller. In this event the Seller agrees to refund the Buyer the order value less a deduction in consideration of outbound \/ inbound carriage, restocking and administration as follows: Order value up to \u00a3200 excluding VAT deduction \u00a312 + VAT. Order value over \u00a3200 excluding VAT deduction \u00a320 + VAT <\/p>\n\n\n\n

7.            Acceptance of the Goods<\/strong><\/p>\n\n\n\n

7.1          The Buyer shall be deemed to have accepted the Goods 2 days after delivery to the Buyer.  The day of delivery is counted as the first day.<\/p>\n\n\n\n

7.2          The Buyer shall carry out a thorough inspection of the Goods within 2 days after delivery and give notice in writing to the seller of any shortages<\/p>\n\n\n\n

7.3          Where the Buyer has accepted, or has\nbeen deemed to have accepted, the Goods the Buyer shall not be entitled to\nreject Goods which are not in accordance with the contract.  <\/p>\n\n\n\n

8.            Title and risk<\/strong><\/p>\n\n\n\n

8.1          Risk shall pass on delivery of the Goods to the Buyer\u2019s\naddress.<\/p>\n\n\n\n

8.2          Notwithstanding the earlier passing of\nrisk, title in the Goods shall remain with the Seller and shall not pass to the\nBuyer until the amount due under the invoice for them (including interest and\ncosts) has been paid in full.<\/p>\n\n\n\n

8.3          Until title passes the Buyer shall\nhold the Goods as bailee for the Seller and shall store or mark them so that\nthey can at all times be identified as the property of the Seller.<\/p>\n\n\n\n

8.4          The Seller may at any time before title passes and without\nany liability to the Buyer:<\/p>\n\n\n\n

8.4.1      repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer\u2019s right to use, sell or otherwise deal in them; and<\/p>\n\n\n\n

8.4.2      for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.<\/p>\n\n\n\n

8.5          The Seller may maintain an action for\nthe price of any Goods notwithstanding that title in them has not passed to the\nBuyer.<\/p>\n\n\n\n

9.            Carriage of Goods<\/strong><\/p>\n\n\n\n

Carriage will be chargeable on sales as per rate advised to the Buyer when checking out.<\/p>\n\n\n\n

10.          Force Majeure<\/strong><\/p>\n\n\n\n

10.1        For the purposes\nof this Contract, Force Majeure Event means an event beyond the reasonable\ncontrol of the Seller including but not limited to strikes, lock-outs or other\nindustrial disputes (whether involving the workforce of the Seller or any other\nparty), failure of a utility service or transport network, act of God, war,\nterrorism, riot, civil commotion, interference by civil of military\nauthorities, national or international calamity, malicious damage, compliance\nwith any law or governmental order, rule, regulation or direction, accident,\nbreakdown of plant or machinery, fire, flood, storm, earthquake, epidemic or\nsimilar events, or default of suppliers or subcontractors.<\/p>\n\n\n\n

10.2        The Seller shall\nnot be liable to the Buyer as a result of any delay or failure to perform its\nobligations under this Contract as a result of a Force Majeure Event.<\/p>\n\n\n\n

10.3        If the Force\nMajeure Event prevents the Seller from providing any of the Goods for more than\n4 weeks, the Seller shall, without limiting its other rights or remedies, have\nthe right  to terminate this Contract\nimmediately by giving written notice to the Buyer.<\/p>\n\n\n\n

11.          Limitation of Liability:  THE BUYER\u2019S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE<\/strong><\/p>\n\n\n\n

11.1 Nothing in these Conditions shall limit or exclude the Seller’s liability for:<\/p>\n\n\n\n

11.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;<\/p>\n\n\n\n

11.1.2 fraud or fraudulent misrepresentation<\/p>\n\n\n\n

11.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or<\/p>\n\n\n\n

11.1.4 defective products under the Consumer Protection Act 1987.<\/p>\n\n\n\n

11.2 Subject to clause 11.1:<\/p>\n\n\n\n

11.2.1 the Seller shall under no circumstances whatever be liable to the Buyer, 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 the Contract; and<\/p>\n\n\n\n

11.2.2 the Seller’s total liability to the Buyer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed \u00a350<\/em> + VAT.<\/p>\n\n\n\n

11.3 After the Warranty Period, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract. <\/p>\n\n\n\n

11.4        This clause 12 shall survive termination of the Contract.<\/p>\n\n\n\n

13.          General<\/strong><\/p>\n\n\n\n

13.1 Any notice or other communication given to a party under or in connection with this Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally or sent by prepaid first-class post or other next working day delivery service, or by commercial courier, fax [or e-mail]. <\/p>\n\n\n\n

13.1.1 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action<\/p>\n\n\n\n

13.2        Waiver.  A waiver of any right under the Contract or\nlaw is only effective if it is in writing and shall not be deemed to be a\nwaiver of any subsequent breach or default. No failure or delay by a party in\nexercising any right or remedy under the Contract or by law shall constitute a\nwaiver of that or any other right or remedy, nor prevent or restrict its\nfurther exercise of that or any other right or remedy. No single or partial\nexercise of such right or remedy shall prevent or restrict the further exercise\nof that or any other right or remedy. <\/p>\n\n\n\n

13.3        No partnership or\nagency.  Nothing in the Contract is\nintended to, or shall be deemed to, establish any partnership or joint venture\nbetween any of the parties, nor constitute either party the agent of another\nparty for any purpose. Neither party shall have authority to act as agent for,\nor to bind, the other party in any way.<\/p>\n\n\n\n

13.4        Third\nparties.  A person who is not a party to\nthe Contract shall not have any rights to enforce its terms.<\/p>\n\n\n\n

13.5        This Contract contains the entire agreement and\nunderstanding of the parties relating to the subject matter of this Contract\nand extinguishes all previous agreements, promises, assurances, warranties,\nrepresentations and understandings between the parties, whether written or\noral. <\/p>\n\n\n\n

13.6     Embroidery and personalisation. Whilst the seller will make every reasonable effort to embroider or personalise a garment in a professional way, the Seller absolutely cannot guarantee the accuracy of embroidery or personalization and cannot guarantee it will be to the Buyer\u2019s satisfaction. The Seller denies the Buyer any right to reject embroidered or personalized garments for any reason whatsoever. The minimum embroidery quantity is 5 units.<\/p>\n\n\n\n

13.7 Returns. The Buyer is responsible for the cost of returning goods to the Seller for whatever reason. Returns will not be accepted if garments have been worn, washed or altered in any way. Embroidered or transferred garments are non-returnable and non-refundable. It is the buyer’s responsibility to ensure they are satisfied with the garments before they embroider, transfer or alter in any way. We reserve the right to charge a restocking fee of up to 20% which will be implemented by witholding up to 20% of the credit value. The buyer must include the relevant Packing Slip with any return. A Packing Slip is included in every order. We are happy to email replacement Packing Slips upon the buyer’s request.<\/p>\n\n\n\n

13.8        Variation.  Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by the Seller.<\/p>\n\n\n\n

13.9        Governing law and Jurisdiction. This agreement and any dispute or claim arising out of or in connection with it 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. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims). <\/p>\n\n\n\n

14. Brexit<\/strong><\/p>\n\n\n\n

14.1 Import VAT, import duty and all clearing \/ handling costs incurred within the country in which the buyer’s delivery address is situated are to be paid for by the Buyer. The Seller is not responsible for any of these costs and has no responsibility for the clearance of these Goods.<\/p>\n\n\n\n

<\/h2>\n","protected":false},"excerpt":{"rendered":"

TERMS AND CONDITIONS OF SALE The Buyer\u2019s attention is particularly drawn to Clause 11 1.            Definitions Seller                                    means DK Europe Ltd of Unit 1B Wingfield Court, Clay Cross, Derbyshire, S45 9JA, United Kingdom Buyer                                    the person who buys or agrees to buy the goods from the Seller. Conditions                          the terms and conditions of sale… Read more »<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"acf":[],"_links":{"self":[{"href":"https:\/\/www.mirabellatunics.co.uk\/wp-json\/wp\/v2\/pages\/38"}],"collection":[{"href":"https:\/\/www.mirabellatunics.co.uk\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.mirabellatunics.co.uk\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.mirabellatunics.co.uk\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.mirabellatunics.co.uk\/wp-json\/wp\/v2\/comments?post=38"}],"version-history":[{"count":30,"href":"https:\/\/www.mirabellatunics.co.uk\/wp-json\/wp\/v2\/pages\/38\/revisions"}],"predecessor-version":[{"id":118837,"href":"https:\/\/www.mirabellatunics.co.uk\/wp-json\/wp\/v2\/pages\/38\/revisions\/118837"}],"wp:attachment":[{"href":"https:\/\/www.mirabellatunics.co.uk\/wp-json\/wp\/v2\/media?parent=38"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}