Terms of Sale
Before confirming your order please read through these Terms of Sale carefully and ensure that you understand them before purchasing any Goods. By ordering any Goods, you agree you have read, understood these Terms of Sale (amended from time to time) and you agree to be legally bound by these Terms of Sale. If you do not agree to these Terms of Sale, you must not order any Goods from us.
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
Business Day means a day other than a Saturday, Sunday or public holiday when banks in London are open for business.
Event Outside Our Control has the meaning given in clause 15.
Goods means the goods listed on Our Site which we may supply.
Site means www.mijmasks.com
We/Us/Our means MIJ MASKS LIMITED a limited company registered in England and Wales under company number 12219563 whose registered office is at The Old Workshop, 1 Ecclesall Road South, Sheffield, S11 9PA.
2. About Us
2.1 The Site is own and operated by MIJ MASKS LIMITED, a limited company registered in England and Wales under company number 12219563 whose registered office is at The Old Workshop, 1 Ecclesall Road South, Sheffield, S11 9PA.
2.2 Should you have any questions about these Terms or Sale please contact us.
3.1 These Terms of Sale do not apply to customers purchasing Goods in the course of any business trade, craft or profession carried on by either them or any other person/organisation.
3.2 The Goods are made available for personal, non-commercial use only and you will not resell the Goods to anyone else.
3.3 We own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs and all intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Goods.
4. International orders
4.1 We may accept orders from individuals located outside the United Kingdom and ship overseas subject to you paying any additional shipping or postage costs. We will inform you of any additional shipping or postage costs at the checkout.
4.2 Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
4.3 If we agree to supply any goods ordered from the Site for delivery outside the United Kingdom, they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
5. Eligibility to purchase from the Site
5.1 To be eligible to purchase the Goods and lawfully enter into and form a contract with us, you must be 18 years of age or over.
6.1 The prices of the Goods are quoted on the order page.
6.2 Prices and any other charges quoted on the order page are based on delivery of the Goods in the United Kingdom unless otherwise specified.
6.3 Prices quoted do not include the costs of delivery of the Goods. The costs of delivery of the Goods will be shown separately on the order page and added to the amount payable by you.
6.4 Unless otherwise stated, the prices quoted include VAT.
7.1 Payment can be made by any major credit or debit card or by using a PayPal account.
7.2 By placing an order, you consent to payment being charged to your credit card account or PayPal account as provided on the order form.
7.3 If you pay us by credit card or PayPal account we will take payment from your card or PayPal account for the Goods at the point of sale.
7.4 We shall contact you should any problems occur with the authorisation of your card or payment through your PayPal account.
8. Order process and formation of a contract
8.1 Our Site merely illustrate Our Goods and the packaging of the Goods. Your computer may not accurately display the colours of the Goods. Although we aim to accurately depict Our Goods and their packaging, there may be differences between the packaging and the colours of the Goods delivered to you and those shown on Our Site.
8.2 All orders are subject to acceptance and availability. If we are unable to supply you with the Goods in your order due to matters such as unavailability of stock, materials, key staff or an Event Outside Our Control or because we have identified a mistake in the description of the Goods or the price stated by us, we will notify you. We will not proceed with the order and will refund any sums you have paid us.
8.3 If the Goods are temporarily unavailable, we will notify you by email of the date they are expected to be available. You will have the option either to wait until they are available or to cancel your order. If you cancel your order, we will refund any sums you have paid us.
8.4 Whilst we use reasonable endeavours to keep prices up-to-date on the Site, we reserve the right to alter prices at any time.
8.5 Any material and information presented is intended to be used for informational purposes only. Any statements and Goods are not intended to diagnose, treat, cure or prevent any condition or disease. Usage of Goods should at all times be used strictly in accordance with the guidelines. You should always check the ingredients for the Goods to avoid potential allergic reactions, you can fine these on the relevant Goods page on the Site or on the packaging of the Goods. If you have any personal concerns, please consult with your own physician or health care practitioner regarding the use of any goods, products or information.
8.6 You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to Our acceptance of your offer to purchase the Goods.
8.7 A 'Confirmation Notice' means an email which we send to you to confirm that we have dispatched the Goods. A Confirmation Notice will be Our acceptance of the offer made in the order to which that Confirmation Notice relates.
8.8 A contract between you and us for the supply of the Goods ("Contract") incorporating the version of these Terms of Sale in force at the time of your order will come into existence when we send you the Confirmation Notice relating to your order. All Contracts will be concluded in English.
8.9 We may make:
8.9.1 minor technical adjustments to the Goods to improve them or to comply with relevant laws and regulatory requirements;
8.9.2 changes to these Terms of Sale as a result of changes in any relevant laws and regulatory requirements;
8.9.3 changes to these Terms of Sale as a result of changes in how we accept payment from you; or
8.9.4 changes in the amount payable by you to the extent of any changes in the VAT included in the price or payable in relation to the price.
8.10 If we make any changes in accordance with clause 8.9 we will give you written notice of the changes before we supply the Goods. You can choose to cancel the contract if the change would be significantly to your disadvantage.
8.11 Any variation to these Terms of Sale which have been incorporated into the Contract or to the Contract other than those mentioned in clause 8.9 shall only be binding when agreed in writing and signed by you and us.
9.1 The Goods will be delivered to you at the address you provided during the order process which must be the address that is the billing address of your payment card if you have paid by card.
9.2 Any dates quoted for delivery of the Goods are approximate only. If no date is specified then it will take place as soon as reasonably possible, but in any event within 30 days of the date of the Confirmation Notice, unless there is an Event Outside Our Control.
9.3 You must examine the Goods within a reasonable time after arrival and let us know as soon as reasonably possible if they are faulty, damaged or not as described.
9.4 For Christmas deliveries we cannot guarantee delivery by 24 December.
Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including VAT and the cost of delivery.
11. Return of Goods
11.1 You must return the Goods (unopened and unused) to Our nominated address without delay and at the latest within 28 days of receipt of the goods.
11.2 You must return the Goods at your own risk and at your own cost unless we offer to pay the cost of return.
12. Refunds on return
12.1 So long as you are entitled to cancel and have complied with your obligations hereunder, we will refund you the balance of the price you paid to us (less shipping costs).
12.2 We will refund you the sum in clause 12.1 using the same method of payment used by you, unless you agree to a refund by a different method of payment.
If you have a comment, concern or complaint about any Goods you have purchased from us, please raise a ticket. All complaints are handled in accordance with Our internal complaints handling policy and procedure.
14. Liability and indemnity
14.1 We have a duty to supply Goods to you that conform to the Contract including a duty to ensure that:
14.1.1 the Goods are as described in the Contract; and
14.1.2 the Goods are fit for any purpose you specifically told us they were required for, and are not faulty.
14.2 We cannot exclude Our liability for a failure to comply with these duties mentioned in this sub-clause. Nothing in these Terms of Sale affects your legal rights if these duties are not complied with.
14.3 We cannot exclude or limit Our responsibility to you for:
14.3.1 Death or personal injury resulting from Our negligence or the negligence of Our employees;
14.3.2 Fraud or fraudulent misrepresentation.
14.4 We will not be responsible for any delay in delivering the Goods if:
14.4.1 we have asked you to provide specified information that is necessary for delivering the Goods and you have failed to provide complete and accurate information or you have provided such information later than the date we have asked you to supply it by;
14.4.2 delay or failure is caused by a third party or is wholly or partly caused by an Event Outside Our Control.
15. Events outside Our control
15.1 Except for Our obligations under this clause, we shall not be responsible for delays or failures in delivery or performance of Our obligations to you resulting from any act, event, omission, failure or accident outside Our reasonable control (“Event Outside Our Control”).
15.2 We will take all reasonable steps to minimise a delay in performing our obligations to you which arises from an Event Outside Our Control.
15.3 We will promptly notify you of any Event Outside Our Control which prevents us from or delays us in performing Our obligations to you, giving details of it and (where possible) the extent and likely duration of any delay.
15.4 Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues.
15.5 You may end the Contract after we have notified you of an Event Outside Our Control and we will then refund you any money you have paid to us under the Contract for the Goods which we have been unable to deliver to you.
16. Third party rights
Except for Our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
17. Other important terms
17.1 We may transfer (assign) Our obligations and rights hereunder to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights hereunder will not be affected, and Our obligations hereunder will be transferred to the third party who will remain bound by them.
17.2 You may not transfer (assign) your obligations and hereunder without Our express written permission.
17.3 We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
17.4 Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
17.5 If any provision of these Terms of Sale are held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
17.6 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and Terms of Sale, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
17.7 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.8 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.Any updates or amendments will be posted on Our Site. By continuing to use the Site, you agree to be bound by the terms of these updates and amendments.
17.9 No person who is not a party to this Terms of Sale shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of these Terms of Sale.
18. Governing Law and Governing Jurisdiction
These Terms of Sale and the Contract are governed by the laws 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 these Terms of Sale.