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Terms & Conditions
These terms and conditions apply to the use of this website at www.missimo.com. By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.
Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.
The www.missimo.com website is operated by Missimo.com Ltd, a company registered in the UK, whose registered office is as follows:
The Water Mill
Norley Lane Shamley Green
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2.1 You are deemed to place an order with us by ordering via our on-line checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order, the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
a. Where goods are not available;
b. If there has been a pricing or product description error;
c. Where we cannot obtain authorisation for your payment ;
d. Where we cannot verify the buyer's identity or
e. If you do not live in a country that we deliver to or you do not meet other eligibility criteria set out in our terms and conditions.
2.4 All payment on the Website will be taken via Paypal Website Payment Pro and we therefore accept no liability or responsibility for any amount of loss or damage when using the Paypal service.
2.5 An invoice for each transaction, if required, is available by email on request to email@example.com.
3.1 All prices include VAT (where applicable) at the current UK rate. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
3.3 Delivery and VAT are calculated based on UK delivery. Our orders are in GBP Sterling. We do not have any control over the exchange rate applied by banks to transactions made on this website.
4. Security / Fraud Prevention
4.1 We can only accept the following Credit or Debit Cards: Visa, Visa Debit, Mastercard, Switch, Solo.
For your security, all Credit and Debit Card transactions are subject to stringent security checks, including AVS which checks whether the billing address matches the card-issuer's records for that card. The Billing address must match the spelling and format that appears on the Card Statement, otherwise the Card will be declined.
Please ensure that you have the Card-holder's permission before making a purchase.
4.2 Missimo.com Ltd will not store your Credit or Debit Card details; once the initial transaction has been processed we cannot access your Credit or Debit Card - other than to make a full or partial refund when necessary. Any refunds are directed back onto the Card that you used to pay for the order via a secure link to the original transaction.
4.3 To prevent Credit Card fraud on our website we have introduced the following restrictions :
a. The Billing address must have the UK landline phone number for the Card-holder.
b. Where the Billing address is different from the Shipping address, the Shipping address must be to a recognised UK business, ie one that can be looked up via BT (such as a plc or ltd company) not a residential address.
c. Orders with Express Delivery selected will be sent to the Billing address, except by prior arrangement
If the Card-holder does not have a landline phone or you need to place an order with a separate Shipping address that is not a recognised business (such as a gift that is to be sent directly to the recipient’s home); to ensure the smooth processing of such an order, additional information should be supplied using the Contact Us form or by emailing firstname.lastname@example.org, quoting the missimo.com order number.
Please bear in mind that we may need to make certain enquiries eg contact the card holder and / or the shipping address to verify the details before despatch. missimo.com cannot guarantee same day despatch when the Card-holder could not be contacted to confirm a third party delivery before the shipping deadline. If we are unable to verify to our satisfation that the details are genuine we will not despatch the order. Please therefore supply as much information as possible
Orders where the Billing and the Shipping address are the same are not affected, please where possible ship to the Billing address.
These measures help will missimo.com to prevent unauthorised use of your credit card on our Website.
5. Cancellations / returns policy
5.1 To avoid costly returns, customers should check all product descriptions carefully before purchasing from our website. If you wish to cancel or return your order:
a. Before despatch, you can telephone Customer Services on 0115 9842222 (0044 115 9842222) on weekdays 9.30-4.30 p.m or notify us by email to email@example.com to cancel an order; or
b. Where goods have already been dispatched to you, by cancelling the order in writing within 7 working days of receipt of the goods (or by notifying us by email to firstname.lastname@example.org) as per the Distance Selling Regulations. The costs of returning goods to us shall be borne by you.
5.2 You may also return goods you have ordered from us for any reason at any time after the 7 day period and within 30 days of receipt for a refund or exchange. The costs of returning goods to us shall be borne by you.
5.3 Upon receipt of the goods we will give you a refund of the amount paid for the goods or an exchange credit as required.
5.4 The rights to return the goods to us as referred to in clause 5.3 will not apply in the following circumstances: - in the event that the product has been used or is not in the same condition as it was sent to you.
The provisions of this clause 5.4 do not affect your statutory rights.
5.5 Clauses 5.1 - 5.4 give an overview of our returns and cancellation policies. For full details and specific instructions, please go to the Returns & Refunds section of the Website.
6.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
a. No documents or related graphics on this Website are modified in any way;
b. No graphics on this Website are used separately from accompanying text; and
c. Any of our copyright and trademark notices and this permission notice appear in all copies.
6.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or by our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 6.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
6.3 Subject to clause 6.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
6.4 Any rights not expressly granted in these terms are reserved.
7. Service availability
7.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
7.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
8. Visitor conduct
8.1 Other than personally identifiable information, which is covered under the Data Protection, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
8.2 You are prohibited from posting or transmitting to or from this Website any material:
a. That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
b. For which you have not obtained all necessary licences and/or approvals;
c. Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
d. Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
8.3 You may not misuse the Website (including, without limitation, by hacking).
8.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 8.2 or 8.3.
9. Links to / from third party websites
9.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
9.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
a. You do not remove, distort or otherwise alter the size or appearance of the Missimo.com logo;
b. You do not create a frame or any other browser or border environment around this Website;
c. You do not in any way imply that we are endorsing any products or services other than our own;
d. You do not misrepresent your relationship with us nor present any other false information about us;
e. You do not otherwise use any Missimo.com trade marks displayed on this Website without our express written permission;
f. You do not link from a website that is not owned by you; and
g. Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause
9.2 For breach of these terms and to take any action we deem appropriate.
9.3 You shall fully indemnify us for any loss or damage that we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.
10.1 To register with Missimo.com you must be over eighteen years of age.
10.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
10.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
10.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
11.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
11.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
11.3 Every care has been taken to ensure that the descriptions and pictures of clothing accurately represent our products. However, due to the limitations of the technology used to display the pictures of our clothing, minor variations between the on-screen images and the physical clothing may occur. Users should ensure that they have read the item descriptions before purchasing. To find a full description of an item, please click on the picture. A brief overview of the item will appear to the right of the picture and a full description of each product can then be found underneath that picture under the 'Description' tab. Missimo.com is happy to answer any questions regarding sizing, description or the terminology used on this website. Contact details can be found on the Contact Us screen.
12.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
12.2 Nothing in these terms and conditions shall exclude or limit our liability for
a. Death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
c. Misrepresentation as to a fundamental matter; or
d. any liability which cannot be excluded or limited under applicable law.
12.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
12.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
13. Law and jurisdiction
13.1 These terms and conditions shall be governed by and construed in accordance with UK law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the UK courts.
13.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
14.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
14.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions, which shall continue to have full force and effect.
14.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
14.4 Anybody who wishes to make an order must be at least 18 years old.
14.5 The information on this website is based on a UK operation. Website users from outside the UK may need to make adjustments to / allowances for / convert data on the website to their own telephone system / time zone / currency.