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Website Terms & Conditions

 

These are the terms and conditions that apply when using our website, www.monethomeandlifestyle.co.uk and any purchases you make via the Website and any products we may supply including products ordered over the telephone.

 

Please read these terms carefully before you submit your order to us. By submitting your order to us you are confirming you have read and agree to our Terms. 

 

These terms tell you who we are, our website terms of use, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

 

  1. Who we are and how to contact us:

 

1.1 We are Monet Home & Lifestyle Ltd a company registered in England and Wales. Our company registration number is 13032150 and our registered office is at The Old Forge, (Rear of), 53 High Street, Ingatestone, Essex. CM4 0AT.

 

1.2  You can contact us by writing to us at The Old Forge, Rear of, 53 High Street, Ingatestone, Essex. CM4 0AT or via email: contact@monethomeandlifestyle.co.uk.

 

1.3 If we must contact you, we will do so by telephone or by writing to you at the email address you provided to us in your order. We cannot be held responsible if the details that you have provided to us are incorrect

 

1.4      "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

   2. Website Terms and Conditions of Use 

2.1           Acceptance of Terms

 

2.1.1      Your access to and use of the Website is subject to these Website Terms and Conditions. Please read these Website Terms and Conditions carefully. By using this Website, you are confirming that you have read, understood and accepted to be bound by these Website Terms and Conditions and our Privacy and Data Protection Policy

 

2.1.2      If you do not agree to these terms, you must not use our site.

 

2.1.3      Monet Home and Lifestyle Ltd reserves the right to update or modify these Website Terms and Conditions at any time without prior notice by posting updated Website Terms and Conditions on the Website. Please ensure that you review the current Website Terms and Conditions each time you use our Website. Your continued use of the Website constitutes your acceptance of the practices described in the revised Website Terms and Conditions

3. Provision of the Website

3.1           We agree to provide the Website using reasonable skill and care, but do not warrant that it or any of its functionality will be continuously available and shall not be liable in any way for any losses, costs, expenses, damages or liabilities arising as a result of its being unavailable.

 

3.2           We reserve the right to:

 

3.2.1      Modify or withdraw the Website (temporarily or permanently) without prior notice.

 

3.2.2      Modify these Website Terms and conditions, the Privacy and Data Protection Policy, the Sales Terms and Conditions without prior notice; and

 

3.2.3      Withdraw your access to this Website for any reason without prior notice

 

3.2.4      The content on this Website is directed solely at users using the Website from within the UK and who intend to use any products purchased via the

Website in the UK.

3.2.5      We take all reasonable care to ensure that all product descriptions and prices that are featured on this Website are correct and up to date as possible, but disclaim all warranties as to the Website's accuracy, either expressed or implied. We reserve the right to make changes to our Website and to update Product information at any time without prior notice and without any liability.

3.2.6      We cannot be held responsible for inaccuracies in the display of information or images of the products on our website and/or our promotional literature are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible because many of our products featured are handmade and sourced from natural or recycled sources all sizes, weights, capacities, dimensions and measurements indicated on our website may have a slight variation, which adds to the products individual character and beauty.

3.2.7 The packaging of the product may vary from that shown on images on our website.

4. Your Use of Our Website

 

4.1           Access

 

4.1.1      You are permitted to access this Website in accordance with these Website Terms and Conditions and our Privacy and Data Protection Policy.

 

4.1.2      Any orders placed by you via this Website shall in addition be governed by our Sale Terms and Conditions.

 

5. Registration

5.1           You warrant and undertake:

 

5.1.1      That all the personal information that you provide to us when you register as a customer with us shall always be true and accurate.

 

5.1.2      That you will notify us immediately of any changes to your personal information by updating your records in your "My Account" page or by contacting our customer support team by calling 01277 295 570 or sending us an email contact@monethomeandlifestyle.c.uk; and

 

5.1.3      That you will keep any registration and account details secure and confidential. 

 

5.1.4      If you know or suspect that anyone other than you know your user ID code or password you must take the necessary steps to change your password. 

 

6. User Conduct

6.1           You shall not use this Website in any unlawful manner, or any manner which may otherwise cause damage or distress to this Website, Monet Home and Lifestyle or any other party.

 

6.2           You shall use this Website only in accordance with all applicable laws and regulations, these Website Terms and Conditions and (where applicable) the terms of our Sale Terms and Conditions.

 

6.3           You must not use any illustrations, photographs, video or audio without prior consent from us or without obtaining a licence from our licensors

 

7. Indemnity

7.1           You indemnify us and keep us indemnified in full against all liability, costs, claims, damages and expenses incurred by or awarded against us that arise directly or indirectly as a result of your failure to comply with these Website Terms and Conditions

 

8. Online Sales and Orders

8.1           Our Website is intended for use by customers who are over the age of 16 and whose shipping address is in the UK. We are unable to ship to addresses outside of the UK.

 

8.2           All purchases made via the Website are subject to our Sale Terms and Conditions.

 

8.3           When you order any products you must read the Sale Terms and Conditions.  By placing an order for that product through the Website, you confirm that you have read, understood and agree to the Sale Terms and Conditions 

 

8.4           We take all reasonable care to ensure that all product descriptions and prices that are featured on this Website are correct and up to date as possible, but do not guarantee the accuracy of such information or the availability of products. Please see our Sale Terms and Conditions for further information.

 

9. Hyperlinks to other Websites/Social Media

9.1           Any links on our Website to websites, "apps" and social media (including Facebook and Instagram) operated and maintained by third parties are provided for convenience only. Such websites are not endorsed or recommended by us and are used at your own risk. We shall not be held liable to you or any third party for any loss, costs, expense, damage or liability of any kind which may arise from your use of such third-party websites, "apps" or social media.

 

10. Disclaimers and Liability

10.1        Monet Home and Lifestyle gives no warranty that the function of this Website will be uninterrupted or error-free, or that the Website or the servers used to provide or access it will be free of viruses, Trojan horses, worms, software bombs or similar harmful items. Your use of this Website is at your sole risk and you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website. Monet Home and Lifestyle shall not be liable to you or any other party for any losses, costs, expenses, damages, claims or proceedings of any kind related to your use of this Website.

 

10.2        Access to our site is permitted on a temporary basis and we may limit or terminate access to our site at any time without any notice. We will not be liable if our site is unavailable at any time or for any period.

 

10.3        We have taken care in the preparation of the content of our site. However, we will not be responsible for any errors or omissions or for any technical problems you may experience with our site. If we are informed of any inaccuracies in the content on our site, we will attempt to correct this as soon as we reasonably can.

 

10.4        This Website and all content available on this Website are provided on an “as is” basis without any warranty or guarantee, whether express or implied, except as required by law. Except as set out expressly in these Website Terms and Conditions, the Sale Terms and Conditions, or the Privacy and Data Protection Policy, all warranties, representations, conditions, guarantees and other terms implied by statute or common law or otherwise are, to the fullest extent permitted by law, excluded. This does not affect your statutory rights as a consumer, nor your cancellation rights set out in the Sale Terms and Conditions 

 

10.5        In any event, we will never take any responsibility for User Content and you use and rely on any User Content entirely at your own risk.

 

10.6        We exclude all warranties and conditions implied by statute, common law or the law of equity, to the extent permitted by applicable law.

 

10.7        Because our site is provided free of charge, we will not, in any way, be liable for any loss or damage (whether direct or indirect) in tort (including negligence), breach of contract, breach of statutory or otherwise (even if foreseeable) in connection with any use you make of our site or the information presented on it.

 

10.8        If you are browsing our site as a consumer, then nothing in these Terms of Use or any additional terms limits any consumer’s legal rights which cannot be changed by these Terms of Use.

 

10.9        Nothing in these Terms of Use shall exclude or limit our liability for death or personal injury due to our negligence or for any liability for our fraud or fraudulent misrepresentation.

 

12. Data and Intellectual Property

 

12.1        All of the content on this Website (including, without limitation, Website design, graphics, text, software and source code) is owned by Monet Home and Lifestyle or third parties, and is protected by UK and international copyright, trademark and other intellectual property rights or licenses held by Monet Home and Lifestyle or those third parties.

 

12.2        Your use of the trademarks and copyrighted material displayed on this Website is strictly prohibited, save that you may download, print and store selected portions of the content, provided that you:

 

12.2.1   Only use these copies of the content for your own personal, non-commercial use.

 

12.2.2   Do not copy or post the content on any network computer or communicate the content in any media, and

 

12.2.4   Do not modify or alter the content in any way.

 

12.2.5   No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Monet Home and Lifestyle reserves complete title and full intellectual property rights in any content you download from this Website. 

 

12.2.6   Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, commercially exploit or create derivative works from the content.

 

13. General

13.1 Governing Law

 

13.1.1   Website Terms and Conditions shall be governed and construed in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Website Terms and Conditions.

 

14. Severability

14.1        Each provision of these Website Terms and Conditions is severable if any part of them shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Website Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions of them.

 

15. Third party rights

15.1        No person who is not a party to any contract between you and us shall be allowed to rely on or enforce any term of any such contract. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded.

 

16. Waiver

16.1        No waiver by us of any breach of these Website Terms and Conditions shall be construed as a waiver of any earlier or later breach of these Website Terms and Conditions.

 

 

 

 

Terms and Conditions of Sale

 

  1. Terms and Conditions of Sale

 

These are the terms and Conditions on which we supply the products to you.  These Terms and Conditions apply to anyone placing an order on www.monethomeandlifestyle.co.uk or over the telephone.

 

2. Our Contract with You

 

2.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. You should always check the email we send to make sure it contains all the correct information and notify us immediately if you need to amend anything on it.

 

2.2. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, inability to obtain authorisation for payment, because we have identified an error in the price or description of the product, the item has been withdrawn or because we are unable to meet a delivery deadline you have specified.

 

2.3 Your order number - We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

 

3. Our Products

3.1 Images of the products on our website and/or our promotional literature are for illustrative purpose only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible because many of our products featured are handmade and sourced from natural or recycled sources all sizes, weights, capacities, dimensions and measurements indicated on our website may have a slight variation, which adds to the products individual character and beauty.

 

3.2 The packaging of the product may vary from that shown on images on our website.

 

3.3 All products shown on our website are subject to availability

 

4.  Your Rights to Make Changes

 

4.1           If you wish to make a change to the product you have ordered, please contact us within 3 hours of placing your order. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. A new order confirmation will be sent.

 

4.2           If we are unable to make the changes or the consequences of making the change are unacceptable to you and the original item has not been dispatched then you may be entitled to a refund – please refer to clause 6 - Refunds

 

5. Providing the Products

 

5.1           The costs of delivery will be as displayed to you on our website and on checkout. 

 

5.2           We reserve the right to increase the delivery costs from those advertised on the delivery information page on our website from time to time to ensure that our costs are duly covered for any deliveries deemed unusual in the normal course of our business (Location, Size or Weight particularly on larger items such as furniture) 

 

5.2           We are unable to ship to addresses outside the UK

 

5.3           We reserve the right to cancel the order should your shipping address not be within the UK

 

5.4           During the order process we will let you know when we will provide the products to you. Please note that we do not deliver to PO box numbers, hotels and accommodation addresses. 

 

5.5           We will aim to deliver the products to you between 5 to 14 days working days (excluding furniture) and in any event within 30 days after the day on which we accept your order.  If the product is an item of furniture, the estimated completion and /or delivery date will be advised to you during the order process.

 

5.6           We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. Please see clause 12 that provides information on what is deemed outside our control

 

5.7           If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our courier service will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

 

5.8           If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.

 

5.9           The product will be your responsibility from the time we deliver the product to the address you gave us, and we have received payment in Full.

 

6. Refunds  

 

6.1To process a refund and to arrange a return of your purchased item you must notify us within 14 days of delivery. Please contact@monethomeandlifestyle.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address. Email address is essential for all orders placed online. 

 

6.2  Your rights when you end the contract will depend on what you have bought and reasons why you wish to return the item:  

  • If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get it replaced), see clause 10. 

  • If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.3. 

  • If you have just changed your mind about the product, see clause 6.4. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.  

 

6.3 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full including delivery costs for any products which have not been provided. The reasons are: 

  • We have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed. 

  • There is a risk that supply of the products may be significantly delayed because of events outside our control. 

  • We have suspended supply of the products for technical reasons or notify you we are going to suspend them for technical reasons, in each case for a period of more than four months. 

  • You have a legal right to end the contract because of something we have done wrong. 

 

6.4 For change of mind/non faulty goods you will be entitled to a full refund on the purchase price however you will need to pay the costs of return of any goods. You will need to have proof of purchase; the items are unused and not damaged and you have notified us within 14 days of receiving the item (Consumer Contracts Regulations 2013) and in their original packaging. 

 

6.4.1 You do not have a right to change your mind in respect of: 

  • Bespoke items such as furniture as these are made to your specification and clearly personalised. 

  • Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them, for instance earrings. 

  • Any products which become mixed inseparably with other items after their delivery. 

6.5  Goodwill Exchange Policy. In addition, if you return the products bought online or over the telephone to us within 28 days of purchase in an unused and saleable condition, we will exchange such goods provided you notify us in accordance with clause 8. 

 

6.6 Refunds will be made to the person who paid for the order, in the original form of payment and will be processed once we have received and processed the returned items.  See clause 8 on how to return items 

 

7.  Bespoke and Jewellery Items Refund 

 

7.1  We cannot except returns or process refunds on: 

  • Bespoke items such as furniture these are made to your specification and clearly personalised. 

  • Products sealed for health protection or hygiene purposes for example earrings 

  • Special orders, custom made, or items damaged through normal wear and tear unless items were faulty in which case clause 10 applies. 

 

8. Returns 

 

Please refer to our website for information on how to return products. We kindly request that you ensure that any returned products are well protected and packed for posting. We suggest you get a certificate of postage and allow up to 10 working days for your item to be processed. 

 

8.1 We will pay the costs of return: 

  • if the products are faulty or mis-described. 

  • if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something, we have done wrong.  

8.2 For the above reasons we will refund you the price you paid for the products including delivery costs, by the method you used for payment. 

8.3 In all other circumstances including accepting an item or aware of the fault when you bought the item or if you have used, damaged or altered the item whilst in your possession (i.e. trying to repair it) you must pay the costs of return. 

8.4 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 5-14 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. 

8.5 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then: your refund will be made within 14 days either from 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.  

 

9. Our Rights to Cancel

 

9.1           We may end the contract for a product at any time by writing to you if:

  • You do not, within a reasonable time, allow us to deliver the products to your address or collect them from us.

  • Do not pay any sums due.

 

9.2           If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

 

10. If There Is A Problem with The Product

10.1 If the item, you have purchased is faulty or misdescribed you will receive either:

  • A full refund of the purchase price and original shipping cost unless you have accepted the item or aware of the fault when you bought the item or if you have used, damaged or altered the item whilst in your possession (i.e. trying to repair it).  A replacement (subject to availability)

  • If you have any questions or complaints about the product, please contact us. You can either write to us at The Old Forge, Rear of, 53 High Street, Ingatestone, Essex. CM4 0AT or via email: contact@monethomeandlifestyle.co.uk.

 

10.2.      We are under a legal duty to supply products that are in conformity with this contract. See clause 10.2.1 a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

 

10.2.1   The Consumer Rights Act 2015 state: 

  • Goods must be as described, fit for purpose and of satisfactory quality. 

 

During the expected life of your product your legal rights entitles you to the following:

  • up to 30 days: if your item is faulty, then you can get a refund.

  • up to six months: if your faulty item cannot be repaired or replaced, then you are entitled to a full refund, in most cases.

 

10.3        Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us or if they are not suitable for posting, please email us: contact@monethomeandlifestyle.co.uk. for a return label or to arrange a collection.

 

11. Price and Payment                      

 

11.1        The price of a product includes VAT (where applicable) at the applicable current rate in the UK. However, If the rate of VAT changes between the date of order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT take effect.

 

11.2        We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.

 

11.3        It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

 

11.4        Please see our website for current payment types accepted. Your transaction will be processed by Stripe. Please note we are not responsible for a delay in dispatching your product if your card issuer delays your payment to us, for whatever reason. For goods, you must pay for the products before we dispatch them.

 

12. Events Outside Our Control

12.1        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 12.2.

 

12.2        "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, public health crisis, epidemic, other natural disaster, or failure of public or private telecommunications networks, impossibility of the use of any means of public or private transport, order of any court or jurisdiction, or other similar or dissimilar cause not reasonably within our control.

 

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

  • we will contact you as soon as reasonably possible to notify you; and

  • 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.

 

13. Our Responsibility for Loss or Damage Suffered by You

 

13.1        We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.


 

13.2        We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

14. How We May Use Your Personal Information

14.1        For further information on how we use your personal information please read our Privacy Policy

 

15. Other Important Terms

 

15.1        You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

 

15.2        If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

15.3        Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.

 

15.4        Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

 

15.5        Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. You can submit a complaint to CEDR (Centre for Effective Dispute Resolution) via their website at http://www.cedr.com/consumer cedr will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. 

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