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MC Online Ltd – Website Sales Terms and Conditions

The Terms and Conditions below are the standard terms and conditions applying to the Sale of Goods by MC Online Ltd. MC Online Ltd is registered in England & Wales under number 10475188 whose registered office address is at 27 St. Cuthberts Street, Bedford, England, MK40 3JG.

  1. Definitions and Interpretation
    1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

      “Calendar day” means any day of the week;

      “Contract” means the contract for the purchase and sale of the Goods, as explained in clause 2;

      “Customer” means you, the individual, firm or corporate body placing an Order with us;

      “Goods” means the Goods which are to be supplied by us to you as specified in your Order (and confirmed in our Order Confirmation);

      “Order” means your order for the Goods;

      “Order Confirmation” means our acceptance and confirmation of your Order as described in clause 2;

      “Price” means the price payable for the Goods;

      “We/Us/Our” means us, MC Online, and includes all employees and agents of ours; and

      “Website” means www.mconline.co.uk

    2. Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as e-mail.
  2. The Contract
    1. These Terms and Conditions govern the sale of all Goods by us and will form the basis of the Contract between you and us. If you wish to place an Order with us, our Website will guide you through the ordering process. Before submitting your Order to us, you will be given the opportunity to review and amend it. Please ensure that you have checked your Order and that you have read these Terms and Conditions carefully before submitting it. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
    2. No part of our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by MC Online Ltd, sending you an Order Confirmation by email. Only once we have sent you an Order Confirmation, will there be a legally binding contract between you and us. Order Confirmations will be provided in writing and will contain the following information:
      1. Confirmation of the Goods ordered with fully itemised pricing including, where appropriate, taxes, delivery and other additional charges;
      2. Our identity and contact details;
      3. The estimated delivery date(s) and time(s).
    3. If we, for any reason, do not accept or cannot fulfil your Order, no payment will be taken under normal circumstances. If we have taken payment, any such sums will be refunded to you as soon as possible and in any event within 14 days.
    4. Once your Order has been accepted as detailed in clause 2.2, we cannot accept any changes to it.
  3. Description and Specification of Goods
    1. We have made every reasonable effort to ensure that the goods conform to the photographs and descriptions provided in our sales and marketing literature and on our website. We cannot, however, guarantee that all photographs and descriptions will be precisely accurate. Please note colours may look different from the actual colour of the goods when displayed on your computer, phone or tablet.
    2. We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements, without notice.
    3. We neither represent nor warrant that particular Goods will be available. Stock indications are not provided on our Website.
  4. Price and Payment
    1. The Price of the Goods will be that shown our Website at the time of your Order.
    2. We may quote a special price which is different from the price shown in our current sales and marketing literature or on our website. In this case, the special price will be valid for 7 days. Or, if the special price is part of an advertised special offer, it will be valid only for the period shown in the advertisement. Orders placed during this period will be accepted at the special price even if we do not accept the Order until after the period has expired.
    3. We have made every reasonable effort to ensure that our Prices, as shown in our current sales and marketing literature and on our Website are correct. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in our sales and marketing literature or on our Website, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
    4. If there is an obvious pricing error on our website, we will be under no obligation to provide the Goods to you at the incorrect (lower) price. Even after we have sent you an Order Confirmation, if the price error is unmistakable and could have reasonably been recognised by you as a mispricing, we are under no obligation to lower the price. Prices will be checked when we process your Order.
    5. All Prices include VAT, where applicable. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where we have already received payment in full from you.
    6. Delivery charges are not included in the price of the Goods on our Website. Delivery options and any related charges will be presented to you as part of the Order process.
    7. Payment for the Goods and any related delivery charges must always be made at the time of Order and you will be prompted to pay during the Order process.
    8. All payments made via the Website will go through an online payment gateway provider, such as PayPal or Global Payments. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to this payment gateway provider’s terms and conditions. A separate contractual relationship is created between you and the payment gateway provider and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by such third party.
  5. Delivery
    1. When we provide you with an Order Confirmation, we will provide an estimated delivery date. Please note that estimated delivery dates may vary according to the availability of the Goods, your location, and circumstances beyond our control.
    2. Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Goods.
    3. Orders will be delivered by courier, unless otherwise specified. Should your Order not arrive by the estimated delivery date, you should contact us in writing as soon as possible so we can investigate.
    4. The responsibility (sometimes referred to as the “risk”) for the Goods remains with us until delivery is complete as defined in clause 5.2, at which point it will pass to you.
    5. You own the Goods only once we have received payment in full of all sums due (including any applicable delivery charges).
  6. Faulty, Damaged or Incorrect Goods
    1. By law, we must provide Goods that are of satisfactory quality, fit for purpose, as described at the time of purchase. Goods match any samples or models that you have seen or examined (unless we have made you aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund or replacement.
    2. Please note this clause 6 does not apply to any defects in the Goods caused by normal wear and tear, deliberate damage and/or misuse of the Goods, accidental damage, failure to use or wash the Goods in accordance with the instructions provided, or the alteration of the Goods by you or any third party that is not authorised by us.
    3. Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above. Alternatively, you may request a replacement.
    4. If the packaging is damaged on delivery, please contact us within 48 hours of delivery so we can investigate the issue with the delivery company.
    5. To return Goods to us for any reason under this clause 6, please contact us to arrange for them to be returned. You will need to return the Product(s) unopened, in the original packaging.
    6. On receipt of the returned Goods, if we prove them to be faulty, damaged or incorrect, we will provide you with a replacement within a reasonable time and will reimburse you for the postage costs in returning them to us.
    7. In certain circumstances, where a replacement is impossible or otherwise disproportionate, we may instead offer you a full refund, including any delivery costs paid by you when the Goods were originally purchased. Refunds will be issued within 14 days of the day on which we agree that you are entitled to the refund.
    8. Please note that you may not return Goods to us under this clause 6 merely because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling off period within which you can return Goods for this reason. Please refer to clause 7 for more details.
  7. Cancelling and Returning Goods if You Change Your Mind
      1. If you are a consumer in the European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and we have sent you your Order Confirmation, i.e. when the Contract between you and us is formed.
      2. Please note this “cooling off” period does not apply to Orders under the value of £42 (including delivery costs and other charges).
      3. If the Goods are being delivered to you in a single instalment (whether single or multiple items), the cooling off period ends 14 calendar days after the day on which you receive the Goods.
      4. If the Goods are being delivered in separate instalments on separate days, the cooling off period ends 14 calendar days after the day on which you receive the final instalment of Goods.
      5. If you wish to exercise your right to cancel under this clause 7, you must inform us of your decision within the cooling off period. You may do so in any way you wish, however for your convenience we offer a cancellation form on our Website and will include a link to it with the Order Confirmation. Cancellation by email or by post is effective from the date on which you send us your message. Please note that the cooling off period lasts for whole calendar days. If, for example, you send us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted.
      6. Please ensure that you return Goods to us no more than 14 calendar days after the day on which you have informed us that you wish to cancel under this clause 7.
      7. You may return goods to us by post or another suitable delivery service of your choice to our returns address below:

        134 Midsummer Blvd

        Milton Keynes

        MK9 3BA

    United Kingdom

    Item(s) must be returned unworn and with the tags still attached. Please note that you must bear the costs of returning goods to us if cancelling under this clause 7. Item(s) may take up to 10 days to arrive at our returns address

    1. Refunds under this clause 7 will be issued to you using the same payment method that you used when ordering the goods unless you specifically request otherwise. Please note that payments can take 3-5 days to appear in your account. :
      1. The day on which we receive the Goods back; or
      2. The day on which you inform us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under clause 7.8.1); or
      3. If we have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform us that you wish to cancel the Contract.
    2. Unfortunately, MC Online Ltd does not offer exchanges. The customer must wait for their refund to be processed and re-order the item.
  8. Cancellations by Us
    1. We may cancel your Order at any time before we despatch the Goods to you, in the following circumstances:
      1. If the Goods are no longer in stock and we are unable to re-stock (if, for example, the Goods are discontinued); or
      2. If an event outside of our control occurs (please see clause 10 for events outside of our control).
    2. If we cancel your Order 6 and you have already paid for the Goods under clause 4, the payment will be refunded to you within 14 days. If we cancel your Order, the cancellation will be confirmed by us in writing.
  9. Our Liability
    1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence or breach of contract. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
    2. Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.
    3. Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    4. Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a consumer. More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or from the Office of Fair Trading.
  10. Events Outside of Our Control (Force Majeure)
    1. We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: failure of any sub-contractor, power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond our control.
    2. If any event described under this clause 10 occurs that is likely to adversely affect our performance of any of our obligations under these Terms and Conditions:
      1. We will inform you as soon as is reasonably possible;
      2. Our obligations under these Terms and Conditions will be suspended and any time limits that we are bound by will be extended accordingly;
      3. We will inform you when the event outside of our control is over and provide details of any new dates, times or availability of Goods as necessary; and
      4. If the event outside of our control continues for more than 60 days, we will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as reasonably possible.
  11. Communication, Complaints and Feedback
    1. If you wish to contact us, you may do so using the contact form on our Website.
    2. In certain circumstances, you must contact us in writing (when cancelling an Order, for example). When contacting us in writing, you may email us or write to us using the contact form on our Website.
    3. We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you wish to complain about any aspect of your dealings with us, please contact us in writing so we can investigate.
    4. Please note that any queries or complaints sent to our social handles will not be picked up.
  12. How We Use Your Personal Information (Data Protection)
    1. All personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
    2. We may use your personal information to:
      1. Provide our Goods and services to you;
      2. Process your payment for the Goods;
      3. Send our newsletter to you; and/or
      4. Inform you of new Goods available from us.

        You may request that we stop sending you this information at any time.

    3. We will not pass on your personal information to any third parties without first obtaining your express permission.
    4. Further information about our use of your personal information is available in our Privacy Policy, which is included on our Website.
  13. Other Important Terms
    1. We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) 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 under these Terms and Conditions will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.
    2. You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
    3. The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
    4. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions will be valid and enforceable.
    5. No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
  14. Governing Law and Jurisdiction
    1. These Terms and Conditions and the Contract between you and us will be governed by, and construed in accordance with, the laws of England and Wales and any dispute will fall within the non-exclusive jurisdiction of the courts of England and Wales.
  15. Competitions
    1. All competition participants must be over the age of 18. Please note that only one competition entry will be submitted per individual.
    2. All competitions are subject to a limited time period. Time periods may differ per competition and will be stated on individual competition Terms & Conditions.
    3. Participants will only be entered to competitions if they meet every requirement as stated on individual competition Terms & Conditions.
    4. All competition winners must redeem their prize in-store, unless stated otherwise on competition Terms & Conditions.
  16. MC Launch £1,000 Cash Competition
    1. All participants of the MC Launch £1,000 Cash Competition must be over the age of 18.
    2. All participants must tag @mconlineuk in their post to be entered to the competition.
    3. There will be only 1 winner of the MC Launch £1,000 Cash Competition. The winner will be announced via Instagram and contacted by MC Online.
    4. All participants must submit their entry before the 27/09/19, otherwise they will not be entered in the MC Launch £1,000 Cash Competition.
  17. Brand Ambassador
    1. The Brand Ambassador agrees on the full use and ownership of all imagery and content containing Milano Couture products and/or information to Milano Couture.
      1. The Brand Ambassador agrees on full ownership to Milano Couture for the purposes of promotional and advertising usage including but not limited to; media channels, media publications, website, tangible and paid advertisements.
    2. The Brand Ambassador must accept the responsibility that all of the promotions and advertisement carried out by Milano Couture, must meet the Marketing and Advertising Law set by the UK government, as well as GDPR Laws.
    3. The Brand Ambassador agrees to accept full responsibility for posts and content uploaded on social media accounts.
    4. The Brand Ambassador agrees that all posts will follow an appropriate and non-vulgar approach; not containing swear words, nudity or any other inappropriate content.
    5. The Brand Ambassador must ask for Milano Couture's approval before posting to ensure that the post follows branding guidelines and the Brand Ambassador agreement.
    6. The Brand Ambassador must have written consent from both parties (Brand Ambassador and Milano Couture) to terminate or modify the Brand Ambassador Contract.
    7. All persons applying to be Brand Ambassador must disclose all brands they are currently working with. Milano Couture has the right to revoke all ambassadorships if brands have a conflict of interest.
    8. Brand Ambassadors must disclose information about past convictions or current disputes with Milano Couture. Milano Couture has the right to terminate contracts on the grounds of anti-social or dangerous behaviour.
    9. All Brand Ambassadors will be paid a month in arrears.
    10. Free products are given to those who have more than 10K following on Instagram. Brand Ambassadors with fewer than 10K Instagram following are eligible to receive items at a reduced rate. To find out more information get in touch with our media team via media@mconline.co.uk.
    11. Commission rates and bonus milestones are subject to change.