These are the terms and conditions which will apply to your purchase of clothing, accessories and other goods ("Goods") from our website at www.MaBoutique.co.uk (the "Website").
The Website and Goods are provided by John Aylward Ltd a company registered in England under number 6968359 with a registered office at 159 High Street, Guildford GU13AJ
These terms and conditions form a legally binding contract between us and you. Your acceptance of the terms and conditions is given when you purchase Goods from us. You should read these terms and conditions carefully before buying anything from this Website.
The terms and conditions contain the following sections:
- Part 1 – Information about the Website and the goods
- Part 2 – Buying Goods
- Part 3 – Pre-Ordering Goods
- Part 4 - Returning Goods
- Part 5 – General terms relating to our relationship with you
- Part 6 – Competition terms and conditions
We reserve the right to change the terms and conditions under which the Website and the Goods are provided. Any such change in terms and conditions will be effective to all new orders once included in the text of these terms and conditions and published on the Website. You should check the terms and conditions posted on the Website periodically to ensure that you are aware of and comply with the current version.
If you have any questions about the terms and conditions, the Goods or the Website please email us at info@MaBoutique.co.uk
Part 1 – Information about the Website and the Goods
This Part sets out some terms about information on the Website, descriptions of Goods and how you use the Website.
Separate Notices and Disclaimers apply to your use of the Website. By accepting these terms and conditions you also agree to the Notices and Disclaimers.
We try to make sure that all information on the Website, including descriptions of our Goods, and listed prices, are accurate and correct at all times. However, mistakes do happen. We will try to resolve all information errors on the Website as soon as reasonably possible, and if we reasonably think that such an error has affected your purchase of Goods we will try to let you know. However, because we take these steps we will not be liable to you for any errors on the Website.
You should bear in mind that buying clothing and accessories over the internet provides a different shopping experience to buying in-store. In particular you acknowledge that:
- the colours which are shown for the Goods on the Website will depend on many factors – including your display settings;
- all sizes and measurements are approximate;
- all Goods are subject to availability - we may not be able to supply your order;
- any delivery estimates given on the Website or by email are estimates only;
- the Goods and promotions which are offered on the Website may not be available in-store, and vice-versa
You are responsible for ensuring that your login details, password and all other details in relation to your account remain confidential at all times.
Part 2 – Buying Goods
This Part sets out some terms which apply to your purchase of Goods from us through the Website.
You make an offer to purchase a product from us (your "Order") by completing the staged process on the Website as set out below:
- Adding product to your shopping basket
- Checkout step 1 – Login details
- Checkout step 2 – address details
- Checkout step 3 – payment details
- Confirmation of order
Your Order only constitutes an offer to purchase Goods from us, and does not form a binding contract until accepted by us. Where you order more than one product your Order contains a series of offers for each product individually.
On receipt of your Order, we will send you an Order acknowledgement email to the email address which you provide in the Order process. This Order acknowledgement email will contain your Order number, details of the Goods ordered and a delivery estimate. Note that this email is only to acknowledge that your order has been received, and is not acceptance by us of any offers to purchase Goods.
We must receive full payment both of the price of the Goods and any delivery charges before we can accept any offers. Where you select to pay by credit or debit card we will process the payment at the time of preparing your Goods for dispatch.
An offer made by you to purchase a product shall only be deemed to be accepted by us when we despatch that product to you and send you an Order dispatch email which includes details of the product. We reserve the right to refuse any offers in an Order prior to acceptance. If a product is not available we will include details of the unavailable product in the Order dispatch email. A product which is not available will not be included in the contract for a product which is dispatched.
You must select your delivery country in the drop down box at the top right-hand side of the page during navigation of the site or during the checkout process. Prices will then automatically be shown in your local currency. For example, if you select USA as your delivery destination, you will see US Dollar prices and your transaction will be in US Dollars.
All prices are, unless otherwise stated, inclusive of VAT and other applicable taxes. Our VAT number is: 974482872.
Goods delivered within the UK will be next day delivery which will be posted from Monday to Friday.
If you order Goods from our Website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. You may be asked to provide personal details to the carrier on behalf of customs. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Part 3 – Pre-Ordering Goods
This Part 3 sets out specific terms which apply when you order Goods identified on the Website as being available for Waiting list only (“Waiting list Goods”).
We will not always be able to deliver Goods when you have registered to be on a waiting list. We will inform you when the waiting list goods become available, and we will only dispatch the waiting list Goods to you if and when they become available, or we will send you an equivalent item.
Part 4 – Returning Goods
This Part 4 sets out the terms which govern your right to return any Goods that you do not want to keep.
You can, within 7 days of receiving Goods from us, cancel your contract and return any Goods to us.
You must then, within 7 days of receiving the Goods, return the Goods to us by sending them in a securely wrapped parcel to Gerard Darel 159 High Street, Guildford, GU1 3AJ . Once you decide to return the Goods you must not use them and must take reasonable care of them while they remain in your possession. The Goods must be returned to us intact, undamaged. We will refund to the payment card the price paid for the Goods returned.
Your rights under this Part 3 are in addition to the cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000. If you wish, you may notify us by email info@MaBoutique.co.uk that you wish to cancel your contract before the end of the statutory cancellation period (7 days from the day after you receive the Goods). You must then return the goods to us in the manner specified in the above paragraph.
Nothing under these terms and conditions affects your statutory rights.
Part 5 – General terms relating to our relationship with you.
This Part 5 sets out some general terms that govern our relationship with you and purchases by you.
We will not be responsible for the performance of any obligations under these terms and conditions in the case of an event outside of our reasonable control, including (but not limited to) strikes, lockouts, failures of third party systems or networks, acts of God, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises.
We warrant to you that any Goods purchased from us through our Website are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Goods you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to loss of income or revenue; loss of business; loss of profits or contracts; and loss of anticipated savings.
All notices which we need to give to you under these terms and conditions will be sent by us to your registered e-mail address.
These terms and conditions set out the entire agreement between you and us in respect of the sale, purchase and use of the Goods. They supersede any previous agreement or understanding in relation to the subject matter hereof. They may only be varied where separately agreed in writing between you and us.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected.
The interpretation, construction, effect and enforceability of these terms and conditions shall be governed by English Law unless as a matter of law you are entitled to rely on the laws of your country of domicile as a consumer.
You and we agree to submit to the exclusive jurisdiction of the English courts for the determination of disputes for customers in England, and the Scottish courts for customers in Scotland. For all other customers unless as a matter of law you are entitled to bring or defend an action as a consumer in your country of domicile, you and we submit to the exclusive jurisdiction of the English Courts.