1. USE OF WEBSITE AND REGISTRATION
1.1 To be eligible to purchase Goods on this Website you hereby represent and warrant that you will: complete all required details to use the Website; be the holder of a valid debit/credit card and; be 18 years of age or older.
1.2 Further, you hereby represent and warrant that the personal information, which you are required to provide when you register as a customer is true, accurate and current in all respects. It is your responsibility to inform us of any changes to that information (including your e-mail address) by contacting us at firstname.lastname@example.org.
1.3 We do not permit the following: Impersonation of any other person or entity or to use a false name or a name that you are not authorised to use.
1.4 You are responsible for all use of the Website made by you and for preventing unauthorised use of your user name and password. If you believe there has been any breach of security such as the disclosure, theft or unauthorised, please notify us immediately.
1.5 Without limiting our other remedies, we may immediately issue a warning, suspend or terminate your access to this Website and refuse to provide our services to you without notice to you: (a) if you breach any of these Terms or warranties or any documents incorporated by reference or; (b) if we are unable to verify or authenticate any information that you provide to us during the course of any applicable registration or; (c) if we believe that your actions may cause legal liability for you, our users (registered or otherwise) or us.
3.1 We have taken steps to ensure the security and privacy of our systems and our userâ€™s data and personal information. Our Website uses a market leading secure payment system, Secpay. SECPay is a leading payment service provider, for secure real-time online credit and debit card transactions for businesses selling goods, services and subscription products online, and by mail order or telephone. SECPay has a proven track record, processing millions of pounds worth of transactions every day for large blue chip organisations as well as SMEâ€™s, entrepreneurs and charities; including Nestle, Pizza Express, Christies, Firebox and Childline. SECPay delivers effective security measures, ensuring partners are able to provide the most reliable payment system possible for their merchants. SECPay encrypts all financial transactional data to a high level to ensure hackers have little or no chance of obtaining details. SECPay has comprehensive authentication systems in place to prevent fraud, including AVS and CV2 cross-checking. These security measures effectively correlate a personâ€™s address and last 3 digits on the back of their credit card, against the card issuer’s databases. SECPay also support Visa’s Verified by Visa and MasterCardâ€™s SecureCode systems which check previously registered identification details to confirm a cardholder’s identity, be it via PIN or password.
3.2 All card details are encrypted using 128-bit encryption; they are not held in clear text on any Website. When you choose to pay online, your card details will not be available to Mayfield LavenderLimited. Your card details are input into SECpay secure site and we do not have access to them at any time. Your card and address details are security checked and verified with the relevant card issuer and your payment is pre-authorised. You will receive a message in your internet browser window to tell you that payment has been authorised, and we will receive confirmation from the payment provider.
3.3 We are not liable for any unauthorised, erroneous or denied payments.
3.4 If you have any security concerns or questions please contact us at email@example.com
4. PLACING AN ORDER WITH US
4.1 You place your order by clicking on the submit order button at the end of the on-line order process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
4.2 Once you have submitted your order, you will see an acknowledgement webpage detailing the Goods that you have ordered, a payment reference and the value of your order which will be debited from your credit/debit card.
4.3 Unless we have notified you that we are not able to accept your order or you have cancelled your order in accordance with the Cancellation and Returns Procedures set out below, our acceptance of your order and the completion of the contract between you and us will take place at the time and date that we notify you by e-mail that we have despatched the Goods ordered by you. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control, you have not received that email.
4.4 You will be sent a VAT invoice together with the Goods ordered. This invoice also acts as a VAT receipt.
4.5 Non-acceptance of an order may be a result of one of the following: The product you ordered being unavailable from stock or, Our inability to obtain authorisation for your payment or, The identification of a pricing or product description error or, You not meeting the eligibility to order criteria set out in these Terms.
4.6 If we are unable to fulfil your order following our order acknowledgement (i.e. in relation to any non-acceptance of an order), we will contact you by email or telephone to advise you of this as soon as possible. You will be given a full refund of what you have paid in relation to any such non-fulfilled order. Please note that the only exception to this full refund policy is in relation to bespoke or customised Goods â€“ in such cases we CANNOT offer a refund of any kind.
5.1 The price of the Goods shall be the price quoted on the Website on the date of acceptance of the order by us. If we find a pricing error on our Website we will inform you as soon as possible and give you the opportunity, if you wish, of reconfirming your order at the correct price or cancelling it. If you cancel and you have paid for the Goods, you will be given a full refund. For the avoidance of doubt, we are neither bound nor liable in any way to provide Goods to you on the basis of any pricing error (obvious or otherwise) found or posted on our Website.
5.2 All prices indicated for products available via the Website are inclusive of VAT (where applicable) at the currently applicable rate. VAT will be deducted for orders made from non-EU resident customers for a non-EU delivery address.
5.3 The price of the Goods does not include delivery. You will pay the delivery charges by the method specified in your order for transport and packaging as quoted on the Website on the date of acceptance of the order.
5.4 Price and availability information is subject to change without prior notice.
6.1 Payment of the price of an order must be received by us and cleared before despatch of your Goods.
6.2 We accept MasterCard, Visa, Switch, Maestro and Solo for online payment. All transactions are in pounds sterling (Â£). If paying by credit or debit card, please advise us of the billing address your provider holds on file. You confirm that the credit or debit card that is being used is yours. We cannot be liable for any unauthorised transactions nor can we be held liable for any denied payments which are a result of the information provided by you.
6.3 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or subsequently refuses to, or does not, for any reason, authorise payment to us, we will contact the card holder to advise. However, we shall not be responsible for any costs or inconvenience caused by a subsequent delay, denial or payment or subsequent non-delivery of any Goods on the basis of the above.
6.4 If you would prefer not to send your credit or debit card details over the internet, you are still able to buy the goods you require using a cheque payment options.
6.5 Payment may be made by personal cheque. Use the purchase pages to calculate the cost of your purchase and send a cheque to Mayfield lavender Limited, 7 Higher Green, Epsom, Surrey, KT17 3BB, enclosing a sterling pound cheque drawn on a UK bank account made payable to “Mayfield Lavender Limited”. Please ensure that you write your name and address on the reverse of the cheque. Please note that Goods will not be despatched until payment by personal cheque has cleared.
7.1 Every effort is made to ensure that your order is despatched within 3 working days of order paid by credit/debit card or clearance of cheque, subject to events that are beyond our reasonable control.
7.2 If your ordered item is temporarily out of stock, we will back order for you and despatch your order as soon as possible. You will always be e-mailed with an option to cancel this order should you wish.
7.3 We use Royal Mail Recorded Delivery. Delivery in the UK by these methods usually takes between 2-3 days and up to 14 days for the rest of the world after despatch. Second class delivery should arrive within 2-3 days, however this is not a guaranteed service and may take longer. We cannot make a claim to Royal Mail under these conditions until 15 days after dispatch date for items that have gone missing. Your order can be tracked at www.royalmail.com using the tracking number provided to you on despatch from Mayfield Lavender Limited. If you miss a delivery, the RoyalMail should leave you a card to let you know it is at your sorting office. You should arrange to pick this parcel up from your sorting office within 7 days to avoid RoyalMail returning the parcel to Mayfield Lavender Limited. In these circumstances you will be recharged delivery costs to send your parcel. Always track you parcel online at www.royalmail.com to ensure you haven’t missed a delivery.
7.4 Please note that we do not accept any liability whatsoever for any delay in delivery caused by third parties (including Royal Mail or any mailing or courier service companies) that we may use to deliver your order.
8.1 The address for delivery shall be as specified in your order and will be by Recorded Delivery. If you will not be at your home address during normal office hours, you may wish to give us an alternative delivery address, such as a work address. Please ensure we have the full address including your full postal code (PO Box addresses are not acceptable for delivery) and a contact telephone number.
8.2 Upon receipt of the Goods you must inspect the Goods. Upon delivery of the Goods to you, we will also provide you with sufficient details to enable you to: * exercise your right of cancellation; and * address any intended cancellation or complaint to the correct place of business.
8.3 If any item arrives damaged or defective, please contact us in accordance with the Damaged Goods policy below and we will make arrangements for a replacement to be delivered to you.
9. POST & PACKAGING. All deliveries are via Royal Mail Recorded Delivery (signed for).
10. CUSTOM DUTIES AND OTHER TAXES
10.1 We cannot be held responsible for any import taxes or duties levied by authorities in the destination country. If you have any queries as regards duty on imports we suggest you contact your local customs office.
11. RISK AND OWNERSHIP
11.1 Risk of damage or loss of the Goods shall pass to you on delivery or, if you fail to take delivery of the Goods, at the time when the Goods are delivered (or delivery is attempted) to you in accordance with your instructions.
11.2 Title in the Goods shall pass to you upon delivery of the Goods and on our receipt of full payment. Legal ownership of the Goods will immediately revert to us if we refund any such payment to you or if the Goods are returned in accordance with any cancellation, refund, return or exchange policy as posted on this Website.
12. CANCELLATION, RETURNS & EXCHANGES
12.1 We do hope you will be delighted with your purchases. If for any reason your are not pleased with your purchase, please return the Goods, unused and in their original packaging together with the return form supplied with the delivery, within 15 working days from receipt of the goods to: Returns Dept. Mayfield Lavender Limited, 7 Higher Green, Epsom, Surrey, KT17 3BB, UK for a refund or an exchange. Please note that, for reasons of hygiene, we are unable to offer refunds or exchanges on any opened or used product. Additionally, we cannot offer any refunds for customised or bespoke Goods which are not damaged or defective.
12.2 We will not accept any responsibility for loss or damage to Goods returned in this way until they are received at our above address. We strongly recommend that returns are sent by ‘insured registered delivery’ and the original proof of posting is kept. Please note that we are not responsible for return postage other than for incorrectly supplied, defective or damaged Goods. Return postage for Goods returned for any other reason shall be solely at your cost.
12.3 Once we receive the Goods in their original condition, any payments made by you for your purchase will be refunded in full within 30 working days or, where applicable, replacement Goods will be despatched to you as soon as possible with no further costs for you.
13. DAMAGED GOODS
13.1 You should inspect the Goods when you receive them for damage or defects. In the event that your order is incorrectly shipped or found to be damaged or defective, please contact us within 2 working days of receipt of Goods. The Goods should be promptly sent back to us including the original invoice and packaging. We will then offer you a full refund or replacement including postage.
14. DESCRIPTION OF GOODS
14.1 We take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. However, although we aim to keep the Website as up to date as possible, we do not warrant that product descriptions, colours or other content available on the Website are accurate, complete, reliable, current, or error-free. We try to include as much information as we feel necessary for you to make an informed choice. The colours on your screen and any product descriptions should be used as a guide only.
14.2 In addition, due to the fact that the products are made of natural ingredients and components, slight variations may occur in actual Goods. All dimensions are approximate.
15. INTELLECTUAL PROPERTY
15.1 You acknowledge and agree that all intellectual property and other proprietary rights (including, but not limited to, copyright and trademarks) and all technical, business or similar information (including but not limited to, all designs, documents, photographs and other materials relating to the Goods) created by us (and or any applicable licensors) shall be, and shall remain our property (or the property of our licensors, as applicable). All design, text, graphics, layout, software and all other materials on this Website are protected by copyright, trademark and other proprietary rights and belongs to us (or our licensors, where applicable) and all such rights remain reserved.
15.2 We give no permission in respect of the reproduction or use for any purpose of any brand names, product names, designs or other material shown on this Website in which intellectual property rights subsist. Unless otherwise stated, users may view, print and download the contents for their own personal, non-commercial use only; the contents must not be used for commercial or business purposes or incorporated in any work or in any publication in any form without prior written permission from us or any applicable licensor or copyright owner.
16. REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY
16.1 The Website is presented on an “as is” basis. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent that such representations and warranties are not excludable by law. The information displayed is of a general nature and is not intended to address your particular requirements or constituting any form of advice, recommendation or arrangement by us.
16.2 We make all reasonable efforts to ensure that the information on our Website is accurate and up to date. However, you should always independently check any information before you rely on it. We do not represent or warrant that the information accessible via this Website is accurate, complete or current and we do not accept liability for any loss whatsoever arising from any inaccuracy or information that is out of date.
16.3 In particular, you agree that, to the fullest extent permitted by applicable law and save in respect of death or personal injury arising from our negligence, neither us nor any of our parents, affiliates, subsidiaries, directors, employees, shareholders, agents or other representatives shall be responsible or liable under any circumstances, 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 your use of this Website and its services.
16.4 The limitation of liability noted at clause 16.3 above shall also be extended to include any use in connection with your 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. Such limitation of liability shall also extend to any events beyond our reasonable control including any restricted or non-access to this Website due to service interruptions.
16.5 You agree to indemnify and hold us and (as applicable) our parents, subsidiaries, affiliates, officers, directors, agents, representatives, shareholders and employees harmless from any claim or demand, including any legal fees, made by any user (registered or otherwise) or third party due to or arising out of your breach of these Terms (including any documents incorporated by reference), your violation of any law or the rights of a third party or any breach of your representations and warranties as contained herein.
16.6 Although we accept that we are obliged to take every reasonable step to ensure authenticity of your credit/debit card transactions, we are not held liable for any damage or loss due to any misuse by any other person of your credit or debit card details.
17. THIRD PARTY LINKS
17.1 We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Our Website may contain links to other internet sites operated by third parties. We may provide such links for your convenience only, and links from this Website to any other website do not imply that we approve of, endorse, or recommend that website. We assume no responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material.
18. ENQUIRIES, COMMENTS, AND COMPLAINTS
18.1 If you require any more information on our products or services, please email us at the contact details below.
18.2 We hope that you will be delighted by your shopping experience with us. However, if you are dissatisfied with a product or service provided by us, please contact us quoting your unique transaction number and provide us with the details and/or nature of complaint. We will try to resolve your issue as quickly and easily as possible.
18.3 We can be contacted by email or post at: * Email: firstname.lastname@example.org * Post: Mayfield Lavender Limited, 7 Higher Green, Epsom, Surrey, KT17 3BB. UK.
18.4 Any formal legal notices should be sent to us at the address provided above by registered post. Receipt of such notice shall be deemed to have taken place 2 working days after posting. Any formal legal notices that we send to you shall be sent to you by registered post at the last known address provided by you and receipt by you shall be deemed to have taken place 2 working days after posting.
19. FURTHER CONDITIONS
19.1 You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any Goods from us, and supersede and govern all prior proposals, agreements, or other communications. No variation of these Terms shall apply unless agreed in writing by us.
19.2 If any provision of these Terms is found to be unlawful, invalid or unenforceable in whole or in part by any court having competent jurisdiction, the invalid or unenforceable provision will be severed from these Terms, and the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected thereby and shall remain in full force and effect to the fullest extent permitted by law.
19.3 Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
19.4 Due to our policy of updating and improving the Website, we may alter the content of this Website at any time. You shall not transfer, assign or sub-contract any obligations under these Terms without our prior consent in writing.
19.5 No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence in relation to these Terms as regards to any of the times, dates and/or periods mentioned herein.
19.6 We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
19.7 We reserve the right to refuse to supply Goods to any person for any reason whatsoever, to withdraw any Goods or offers from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any Goods or offers from this Website whether or not such Goods have been sold or such offers have been extended, removing or editing content on the Website or refusing to process a transaction or unwinding or suspending any transaction after such processing has begun.
19.8 Headings in these Terms are for convenience only and will have no legal meanings or effects.
19.9 If you have any questions regarding these Terms please contact us by email at email@example.com.
20. GOVERNING LAW
20.1 This Website and these Terms are governed by and construed in accordance with English law. You hereby agree unequivocally that any disputes arising in connection with this Website or these Terms shall be subject to the exclusive jurisdiction of the English courts without exception.