TERMS AND CONDITIONS

LAST UPDATED: 20 September 2016

This page together with our Privacy Policy Terms of Website Use tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our Site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Site.

You should print a copy of these Terms for future reference.

We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 20 September 2016.

These Terms, and any Contract between us, are only in the English language.

1. INFORMATION ABOUT US

1.1 We operate the website www.milinalondon.com (‘the Site’). We are INOWIN TRADING LTD, trading as MILINA LONDON, a company registered in England and Wales under company number 08170102 and with our registered office at Inowin Trading Ltd, Lynwood House, 373/375 Station Road, Harrow, Middlesex HA1 2AW, United Kingdom. Our main trading address is Inowin Trading Ltd, Suite 8, 37 Stanmore Hill, Middlesex HA7 3DS, United Kingdom.

1.2 Contacting us:

(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 7, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at returns@milinalondon.com or write to us by post to Inowin Trading Ltd, Suite 8, 37 Stanmore Hill, Middlesex HA7 3DS, United Kingdom. Please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.

(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at mail@milinalondon.com.

(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

2. OUR PRODUCTS

2.1 Each Product purchased is sold subject to its product description which sets out additional specific conditions related to that Product. Although we have made every effort to be as accurate as possible, because our Products are handmade, any Product dimension, sizes, weights, and measurements supplied are intended to give an approximate indication of the size of the individual products.

2.2 The images of the Products on our Site are for illustrative purposes only and do not represent the finished Product.

2.3 We make every effort to ensure that information on this Site is accurate. If any errors appear we will correct them as soon as possible.

2.4 We are unable to honour the sale of a Product where errors appear in either the product details or price section prior to a Contract being made.

2.5 Some people suffer from allergic reactions as a result of being exposed to different types of organic and inorganic metals. Our Products may contain various different types of metals as a result of them being handmade jewellery pieces (or otherwise). We accept no responsibility for any allergic reactions or adverse health consequences as a result of purchasing/using our Products. You should seek medical advice in relation to any allergies or other forms of sensitivity you (or the intended recipient(s)) may suffer from before purchasing any Product through our website.

3. USE OF OUR SITE
Your use of our Site is governed by our Website Terms of Use. Please take the time to read these, as they include important terms which apply to you.

4. HOW WE USE YOUR PERSONAL INFORMATION
We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

5.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.

5.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.

5.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our Site as referred to in clause 10.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

6. OUR RIGHT TO VARY THESE TERMS

6.1 We amend these Terms from time to time. Please look at the top of the Terms to see when these Terms were last updated and which Terms were changed.

6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

6.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:

(a) changes in relevant laws and regulatory requirements; and

(b) any other reasonable circumstances.

6.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

7. YOUR RIGHT OF RETURN AND REFUND

7.1 You have a legal right to cancel a Contract during the period set out below in clause 7.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.

7.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

Your Contract

End of the cancellation period

Your Contract is for a single Product (which is not delivered in instalments on separate days).

The end date is the end of 14 days after the day on which you receive the Product.

Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

Your Contract is for either of the following:

· one Product which is delivered in instalments on separate days.

· multiple Products which are delivered on separate days.

The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.

Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.



7.3 To cancel a Contract, you just need to let us know that you have decided to cancel. You can e-mail us at returns@milinalondon.com or contact us by telephone on +44 (0) 20 3627 0176 or by post to Inowin Trading Ltd, Suite 8, 37 Stanmore Hill, Middlesex HA7 3DS, United Kingdom. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.

7.4 If you cancel your Contract we will:

(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.

(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(i) if you have received the Product: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 7.7;

(ii) if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract;

(iii) If you have not received the Product but it is in transit/has been dispatched: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information on how to return a Product to us in this event, see clause 7.8.

7.5 If you have returned the Products to us under this clause 7 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

7.6 We will refund you in the method of payment used by you to pay.

7.7 If a Product has been delivered to you before you decide to cancel your Contract:

(a) Then you must take reasonable care of the Product from the time you receive them until you return them to us.

(b) You must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You will be responsible for the costs of returning Products to us.

(c) You will be responsible for arranging insurance cover in respect of any Products returned to us.

(d) You will be responsible for ensuring that the Products are returned to us in reasonable re-saleable condition (i.e. undamaged, unworn, unsized and complete with undamaged paperwork).

7.8 If a Product has been delivered to you after you have decided to cancel your Contract:

(a) Then you must take reasonable care of the Product from the time you receive them until you return them to us.

(b) You must return it to us without undue delay and in any event not later than 14 days after the day on which you received the Product. You will be responsible for the costs of returning Products to us.

(c) You will be responsible for arranging insurance cover in respect of any Products returned to us.

(d) You will be responsible for ensuring that the Products are returned to us in reasonable re-saleable condition (i.e. undamaged, unworn, unsized and complete with undamaged paperwork).

7.9 If you wish to Cancel the Contract outside the period specified in Clause 7.2, you should send us a cancellation request by email at returns@milinalondon.com or by post to Inowin Trading Ltd, Suite 8, 37 Stanmore Hill, Middlesex HA7 3DS, United Kingdom and include the details of your order and the reason(s) why you wish to Cancel the Contract and return the Product(s) to us for our inspection. You will be responsible for the costs of returning the Product(s) to us and be responsible for arranging insurance cover in respect of any items returned to us. Upon receipt of the returned Product(s):

(a) We will inspect the Product(s) and inform you (in our sole discretion) by email within a reasonable time whether you are entitled to a refund;

(b) In the event that the returned Product(s) is/are found to be faulty or was mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us;

(c) In regards to (b) above, we will refund you on the method of payment used by you to pay;

(d) If following our inspection in (a) above, we decide that you are not entitled to a refund we will inform you of our decision by email and make arrangements with you to return the Product(s) back to you. You will be responsible for the delivery charges and the costs of any insurance cover provided (at our sole discretion) in the event we agree to return the items back to you.

7.10 If you are returning Products to us from outside the United Kingdom under this Clause 7,

(a) We will not refund any domestic taxes or duties incurred by you.

(b) You must mark the words "Returned Goods" on any customs declarations for the parcel otherwise it may get held up at customs and incur duty which you will be responsible for paying.

(c) You will be responsible for returning Products to us. You must obtain a Post Office receipt as proof of postage and arrange appropriate insurance cover.

(d) We will make the refund back as under this Clause 7.

7.11 We are under a legal duty to supply Products that are in conformity with this Contract. You have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

8. EXCEPTIONS TO THE RIGHT OF REFUND AND RETURN

8.1 The right to refund and return does not apply to the delivery of products which are not suitable for return due to health protection or hygiene reasons if unsealed by you after delivery or the supply of goods made to your specifications or clearly personalised.

9. DELIVERY

9.1 We will contact you with an estimated delivery date, which will usually be within two days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 14 for our responsibilities when this happens.

9.2 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.

9.3 You own the Products once we have received payment in full, including all applicable delivery charges.

9.4 If we miss the delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:

(a) we have refused to deliver the Products;

(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c) you told us before we accepted your order that delivery within the delivery deadline was essential.

9.5 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 9.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.

9.6 If you do choose to cancel your Order for late delivery under clause 9.4 or clause 9.5, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.

10. INTERNATIONAL SALE OR DELIVERY

10.1 We only sell to consumers who are residents in the following countries:

(a) United Kingdom (UK)

(b) The European Union (EU)

(c)
United States of America

(d) Canada

(e)
Australia

Orders made from outside these countries will not be processed and no Orders will be dispatched to any address outside the above listed countries.

10.2 For all deliveries outside the UK, you will be responsible for all domestic taxes and customs duties due.


11. PRICE OF PRODUCTS AND DELIVERY CHARGES

11.1 The prices of the Products will be as quoted on our Site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 11.5 for what happens if we discover an error in the price of Product(s) you ordered.

11.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

11.3 All Product prices are stated in British Pounds and are inclusive of VAT at the relevant rate from time to time unless otherwise stated.

11.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page.

11.5 Our Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

12. HOW TO PAY

12.1 We currently accept payment for Products using Paypal or a debit or credit card. We accept major credit and debit cards including Mastercard, Visa, Maestro and American Express.

12.2 Card payments are processed through SagePay (payment gateway) and Elavon merchant services.

12.3 Payment for the Products and all applicable delivery charges is in advance.

13. OUR LIABILITY TO YOU

13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract with you.

13.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.3 We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protection Act 1987.

13.4 Subject to clauses 2.5, 13.1 and 13.2, our total liability to you in respect of all other losses arising under or in connection with your Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstance exceed two times the value of your order or £500, whichever is lower.

14. EVENTS OUTSIDE OUR CONTROL

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.

14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

14.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

15. COMMUNICATIONS BETWEEN US

15.1 When we refer, in these Terms, to "in writing", this will include e-mail.

15.2 You may contact us as described in clause 1.2.

16. OTHER IMPORTANT TERMS

16.1 You may only purchase Products from our Site if you are at least 18 years old.

16.2 There may be a restriction on the age of individuals purchasing a Product. If so, we will make this clear on the Site. You agree that we may request, and that you shall provide without reasonable delay in response to any such request for verification of your age, such documentation as we may reasonably request to verify your age.

16.3 In the event that you are not over the age of 18 years or are unable to provide verification of your age satisfactory to us to support your position that you are over 18 years of ages then you may not be permitted to purchase specified products from the Site.

16.4 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this Site if this happens.

16.5 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

16.6 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

16.7 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.8 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.9 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

16.10 The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

16.11 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).