The following are our terms and conditions, which apply to the use of this website, and any order for goods by any person or party (the Buyer) from Mico Couture (the Company).
1 Inclusion of Terms
1.1 The following conditions and stipulations shall govern the acceptance for the order of the goods comprised in the contract and shall be deemed to form part of such contract.
1.2 These conditions shall be incorporated into the contract with the exclusion of any terms or conditions stipulated or referred to by the Buyer unless otherwise agreed in writing by the Company.
1.3 The term ‘goods’ means any goods forming the subject of this contract and includes a reference to any of them.
2 Displayed Prices
2.1 All prices displayed and invoices generated by the website should be considered estimates, and may be subject to change. If for any reason there is a change to the price of goods ordered, the Company will advise you of any changes in writing and will postpone the order until receiving written confirmation from the Buyer.
3 Measurements and Fitting
3.1 The accuracy of any and all measurements provided by the Buyer are the responsibility of the Buyer, and as such the Buyer may be charged for any additional costs (for materials, labour and shipping) ensuing from the provision of inaccurate measurements. If the Buyer is in any doubt as to how to take accurate body measurements, they should seek advice from the company, but will still be responsible for the accuracy of measurements taken after receiving advice from the Company.
4 Order Handling Times
4.1 All goods ordered from the website are made to order.
4.2 Orders for Accessories will normally be Shipped within 3 working days – 1 week of receiving the order.
4.2 Orders containing one or more garments will normally be Shipped within 1 – 3 weeks of receiving the order per garment.
4.3 All stated handling times are approximate and may vary.
5.1 All prices are stated in Great British Pounds, and all payments must be made in pounds sterling by cheque, credit card, postal order, cash, or by PayPal, to the recipient specified by the Company.
6 Shipping, shipping charges and Risk
6.1 Shipping charges are calculated on a per-order basis, will include postage and packaging costs, and all shipping charges displayed on, or generated by the website are estimates and may be re-quoted by the Company if the actual shipping costs exceed those estimated.
6.2 Goods are Shipped when the Company passes them to the Royal Mail or any alternate carrier used by the Company for delivery to the Buyer, or destination agreed by the Company.
6.3 The risk in the goods passes when they are Shipped to the Buyer.
6.4 Any costs applied by third parties or governments after shipping are the responsibility of the Buyer.
6.5 Any dates quoted by the Company for the handling or delivery of the goods are approximate only and shall not form part of the contract. The buyer acknowledges that in the performance expected of the Company, no regard has been paid to any quoted delivery date.
6.6 The Company shall not be liable for any penalty, loss, injury, damage or expense arising from any delay or failure in delivery or performance from any cause at all; nor shall any such delay or failure entitle the Buyer to refuse to accept any delivery or to repudiate the contract.
7.1 Ownership of the goods shall not pass to the Buyer until the amount due under the invoice for them (including any additional costs) has been paid in full.
7.2 The Company may maintain an action for the price of any goods notwithstanding that title in them has not passed to the Buyer.
7.3 If the Buyer cancels any payment by PayPal, credit card, cheque or other financial instrument after the goods have been Shipped, then the Company reserves the right to take legal action for the recovery of the goods.
8.1 The Company will consider issuing a full refund for the return of any “accessory” item in an unworn and unused state, returned within 14 days of Shipping. (No Shipping costs will be refunded.)
8.2 Any goods returned to the Company without prior agreement may be refused or returned at the expense of the Buyer.
8.3 If the Company suspect that the goods have been worn or used they will be returned at the expense of the buyer.
8.4 The Company is not responsible for any loss or damage to returned goods during transit.
8.5 All returns must be shipped recorded delivery, or by equivalent signed-for service at the expense of the buyer.
9 Claims Notification / Refunds / Cancellation
9.1 Any claim for non-delivery of any of the goods shall be notified in writing by the Buyer to the Company within 10 days of the expected delivery date.
9.2 Any claim that any goods that have been delivered are damaged or are not of the correct quantity, are of faulty manufacture or do not comply with their description, is to be notified by the Buyer to the Company as soon as reasonably practicable and in any event in writing within seven days of their delivery.
9.3 Any claim under these conditions must be in writing and must contain full details of the claim.
9.4 The Company shall be afforded a reasonable opportunity to investigate any claims made under these conditions and the Buyer shall, if so requested by the Company, promptly return any goods the subject of any claim and any packing materials securely packed and carriage paid to the Company for examination.
9.5 The Company shall have no liability with regard to any claim in respect of which the Buyer has not complied with the procedures in these conditions
10 Scope of the Contract
Under no circumstances shall the Company have any liability of whatever nature for:
10.1 Any defect arising from wear, tear, accidental or improper use by the Buyer.
10.2 Any goods which have been adjusted, modified, or repaired, except by the Company.
10.3 The suitability of any of the goods for any particular purpose for use under specific conditions, whether or not the purpose or conditions were known or communicated to the Company.
11 Extent of Liability
11.1 The Company shall have no liability to the Buyer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of this contract or any negligence, breach of statutory or other duty on the part of the Company or in any way out of or in connection with the performance or the purported performance or failure to perform the contract except for death or personal injury arising from the Company’s negligence or as expressly stated in these conditions.
11.2 Where the Company is liable in accordance with this condition in respect of only some or part of the goods, the contract shall remain in full force and effect in respect of the other goods and no set-off or other claim shall be made by the Buyer against or in respect of such other goods.
11.3 In no circumstances shall the liability of the Company to the Buyer under this condition or under the contract exceed the invoice value of the goods.
12 Copyright and Design Right
12.1 All the copyright, design right or any other intellectual property right in the goods shall remain the sole property of the Company.
12.2 The Buyer shall not without the written consent of the Company use the goods or the design of the goods in any advertising material.
13.1 This contract is personal to the Buyer and may not, without the Company’s prior consent, assign or dispose of it or part with any interest in it or grant any licence or delegate any of the rights conferred by it.
13.2 The Company shall not be liable for any failure in the performance of any of its obligations under the contract caused by factors outside its control.
13.3 This contract shall be governed by English law, and the Buyer consents to exclusive jurisdiction of the English courts on all matters regarding it, except the extent that the Company invoked the jurisdiction of the courts of any other country.
14 Online Conduct
14.1 By using the Mico Couture website (the service), you (the customer) agree that you will not attempt to undermine the integrity of this service.
14.2 Limitation Of Liability And Warranty through use of the Mico Couture Website:
CUSTOMER AGREES THAT USE OF THE MICO COUTURE WEBSITE, HEREBY REFERRED TO AS THE SERVICE IS ENTIRELY AT CUSTOMER’S OWN RISK. SERVICES ARE PROVIDED ‘AS IS,’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
14.3 THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THE SERVICE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.
14.4 NEITHER THE SERVICE NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
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