Maison Butterfly
ONLINE TERMS AND CONDITIONS
Business to consumer - sale of goods contract
These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.
General terms and conditions
This site is owned and operated by Harriet, owner of Maison Butterfly at maisonbutterfly@gmail.com, Dartmoor, Devon, UK. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at maisonbutterfly@gmail.com or on 07717841191.
1. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.
2. Acknowledgement of your order
To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
3. Ownership of rights
All rights, including copyright, in this website are owned by Maison Butterfly. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
4. Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Due to fluctuating Gold markets the price may vary to that shown, and be updated upon purchase. Any weights, dimensions and capacities given about the goods are approximate only.
5. Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
6. Availability
All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
7. Ordering errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
8. Price
The prices payable for goods that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information, VAT is non- applicable to Maison Butterfly.
Due to fluctuations in the world market product pricings may change, and Maison Butterfly reserves the right to update pricing when required. Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by e-mail, and offer to sell you the goods of the specification and description at the price stated in the e-mail and will state in the e-mail the period for which the offer or the price remains valid.
9. Payment terms
We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have. Once payment has been accepted, a following e-mail will secure confirmation of contract and notice of delivery date and postal service.
10. Delivery charges
Delivery charges vary according to the type of goods ordered.
Goods delivered in UK under £250 are dispatched using Signed For Royal Mail.
Goods delivered in UK over £250 are dispatched using Royal Mail Special Delivery
Both services are included in the purchase price. Different services are at own expense.
Goods delivered outside UK are charged £85 using DHL or Fed-EX
11. Delivery
11.1 Our delivery charges are set out above in T’s& C’s on our website.
11.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.]
11.3 Please note that we are only able to deliver to certain addresses. We do not deliver within the EU, we do deliver to USA and Canada. Contact for more information.
11.4 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please understand it is your responsibility to arrange for acceptance of delivery, by hand, as most need a signature to be delivered. It will be your responsibility to liaise with the Postal Courrier for a suitable delivery time. If no signature necessary, Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order, unless otherwise contacted, or agreed, due to bespoke pieces taking time. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.
11.5 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
12. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered.
Once in your possession the item becomes your responsibility to respect the item, not to consume, or endanger yourself with its edges, or to wear or leave them around babies or young children.
13. Cancellation rights
13.1 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
13.2 Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us in writing by any durable medium (for example letter sent by post, fax or e-mail).
13.3 You cannot cancel your contract if the goods you have ordered are bespoke (i.e. made to order).
13.4 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
13.5 Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days, excluding postal costs; however, this is subject to the banks in question, and above our control.
13.6 We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (for example using or wearing the goods prior to cancellation). Your right to cancel your contract you have ordered is subject to you not having worn or damaged the jewellery. We also have the right of deduction of funds if any damage incurred.
Refunds will not be available where we reasonably find the product has been damaged following delivery to you. For refunds not covered by regulations, where we accept responsibility, the goods are faulty, we may at our discretion refund a proportion of the price if we find the product has suffered wear and tear as a result of your possession of it.
13.7 Any piece made to order, Bespoke, is part of an agreement we have entered together, and at least 50% of price will be paid upfront, unfortunately, due to personalisation of product this is not refundable, or cancellable, and the piece will only be released once full payment has been received. Maison Butterfly owns all design rights.
13.8 Due to hygiene regulations Earrings are not able to be returned or refunded.
13.9 All return costs are paid by the customer, and are advised to use a secure and tracked/signed for postal system as the responsibility lies with the customer for safe return. Any loss or damage incurred will be of the customers responsibility.
13.10 Due to Statutory Rights there is 30 day window from delivery for the customer to prove the product faulty upon arrival, in which to contact and arrange a replacement or repair, or refund. The sooner you contact, the better.
14. Cancellation by us
14.1 We reserve the right not to process your order if:
14.1.1 we have insufficient stock to deliver the goods you have ordered;
14.1.2 we do not deliver to your area; or
14.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
14.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days, or as soon as the banks in question can process funds.
15. Liability
15.1 Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them, or longer than agreed timeframe, and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund.
15.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control. Nor responsible for postal delays beyond our control.
15.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
15.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
15.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Consumer Rights Act 2015) relating to faulty and/or misdescribed goods.
16. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at maisonbutterfly@gmail.com or Maison Butterfly PO Box 252, Tavistock, Devon PL19 1FR and all notices from us to you will be displayed on our website from time to time.
17. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
18. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English. All “We, us, our” mentioned in this document refers to Maison Butterfly.
19. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
20. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
21. Online dispute resolution
If you are not happy with the way we handled your complaint, you may want to contact the alternative dispute resolution provider we use. Please contact BJA. If you are not satisfied with the outcome you can still bring a claim. In addition, please note that any disputes may be submitted for online resolution to the Online Dispute Resolution.
22. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
23. DUTIES & TAXES
UK orders are inclusive as not applicable of VAT.
If you order Products from our site 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 ensuring that the Product is not the subject of a trade embargo of the country to which it is shipped and for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount, not to delays over processing through Customs. Please contact your local customs office, or telephone our enquiry line, for further information before placing your order.
23.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges, where applicable. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
23.3 We make no promise that materials on our website are appropriate or available for use in locations outside the United Kingdom, and accessing the website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
23.7 If your order is returned to us because the courier or postal service could not complete the delivery to you for whatever reason, then you will be responsible for the repeat delivery costs.
24. Trademark & Copy Right
Maison Butterfly is the operator and owner of maisonbutterfly.com. All products – names, designs and descriptions remain property of Maison Butterfly as do all logo’s trademarks and company names. No additional permissions are given by us in respect of the use of any such photographs, brand names, product names or titles. Any use of such may constitute an infringement of the owners’ rights.
CANCELLATION FORM
To Maison Butterfly, of maisonbutterfly@gmail.com, Dartmoor, Devon, UK
I/We* hereby give you notice that I/We* cancel my/our* contract for the sale of the following goods*/for the supply of the following service*:
Ordered on*/Received on*: ……………………………………………….
Name of consumer(s): ……………………………………………….
Address of consumer(s): ……………………………………………….
……………………………………………….
Signature of consumer(s): ………………………………………………. (only if this form is notified on paper)
Date: ……………………………………………….
*Delete as appropriate
