Terms & Conditions
PLEASE READ THE GENERAL CONDITIONS OF SALE CAREFULLY BEFORE PURCHASING ON THIS SITE
GENERAL CONDITIONS OF SALE (26.02.2014)
These general conditions of sale (hereinafter "GTC"), taken with the documents to which reference is made therein, are intended to define the terms and conditions under which Ma Petite Anglaise Ltd sells the products offered for sale on its site. internet (hereinafter “Products”) www.mapetiteanglaise.com (hereinafter the “Site”).
These T&Cs apply to any contract between Ma Petite Anglaise Ltd and its customers (“Customer”) for the sale of Products (hereinafter “Contract”); please read them carefully before ordering Products on the Site. By ordering a Product, the Customer accepts that the order and the sale transaction are governed by the GCS as well as by the other documents mentioned therein. It is recommended that you print a copy for future reference.
These T&Cs may be modified at any time without notice. It is recommended to re-read these T&Cs regularly in order to be informed of any changes. These T&Cs were updated on September 15, 2013
1. Information about Ma Petite Anglaise Ltd
1.1 The Site is operated by Ma Petite Anglaise Ltd, a Limited Company registered in the United Kingdom under number 8437917, and whose registered office is located at 82 Horder Road, London SW6 5EE. Ma Petite Anglaise Ltd is not subject to VAT.
1.2 To contact Ma Petite Anglaise Ltd, please write to the email address contact@mapetiteanglaise.com or call the number 0044 20 367 429 69.
2. Products
2.1 The images of the Products on the Site are offered for illustrative purposes only. Ma Petite Anglaise Ltd strives to present the colors as realistically as possible, but cannot guarantee that the presentation of the colors by the computer used by the Customer is an exact reflection of the colors of the Products. The Products may therefore have some differences from the images on the Site.
2.2 Ma Petite Anglaise Ltd strives to offer the most accurate description of the Products, sizes, weights, and other information relating to the Products, with a low tolerance in relation to reality.
2.3 The packaging of our Products may differ from that offered on the Site.
2.4 All Products presented on the Site are offered for sale subject to availability. If the Product ordered by the Customer is not available, Ma Petite Anglaise Ltd will inform the Customer by email as soon as possible, and the order will not be processed.
3. Use of the Site
The use of the Site by the Customer is governed by the Terms of Use of the Site , please read them carefully before using the Site.
4. Personal data
Ma Petite Anglaise Ltd uses the personal data of Customers in strict compliance with its Privacy Policy ; please read it carefully.
5. Provisions Applicable to Consumers
This clause 5 only applies if the Customer is a consumer
5.1 If the Customer is a consumer, he is only authorized to purchase Products if he is at least 18 years old
5.2 As a consumer, the Customer is protected by law in the event that the Products are affected by defects or if they do not conform to their description. For more information about this protection, please contact a Citizens' Advice Bureau or a Trading Standards office. Nothing in these T&Cs affects the protection offered by law to the Consumer Client.
6. Provisions Applicable to Professionals
This clause 6 only applies if the Customer is a professional
6.1 If the Customer is a professional, he undertakes to be duly authorized to validly bind, where applicable, the company in the name and on behalf of which he uses the Site to purchase Products.
6.2 These T&Cs and any document referred to therein constitute the entire agreement between Ma Petite Anglaise Ltd and the Customer. They apply notwithstanding any contrary clauses of the Customer's general conditions of purchase, except express acceptance of the latter by Ma Petite Anglaise Ltd, such acceptance can only have the purpose, if necessary, of supplementing the General Conditions of Sale. in case of silence of these. The Customer acknowledges that he is not acting on the basis of a declaration, a promise or an affirmation made by Ma Petite Anglaise Ltd or in its name, and which would not be set out in the T&Cs or any document to which there is is referred.
7. Formation of the Contract
7.1 For information on how to place an order on our site, please refer to the Buy Online page .
7.2 The ordering process allows the Customer to check his order and correct any errors affecting it before placing it. Please take the time to read and check your order on each page of the order process.
7.3 After placing the order, the Customer will receive an email from Ma Petite Anglaise Ltd confirming receipt of the order, the Customer's contact details, the order number and the total price paid. This email cannot be interpreted as an acceptance of the order. The order is only accepted by Ma Petite Anglaise Ltd under the conditions of clause 7.4 below.
7.4 Ma Petite Anglaise Ltd will confirm acceptance of the order by sending the Customer a dedicated email ("Order Confirmation"). The Contract between the Customer and Ma Petite Anglaise Ltd will only be validly formed upon receipt by the Customer of the Order Confirmation
7.5 In the event that Ma Petite Anglaise Ltd is unable to deliver a Product for any reason whatsoever (out of stock, production interruption, price error on the Site as stipulated in clause 12.5, etc. ), the Customer will be informed by email and the order will not be processed. Any amount already paid by the Customer to Ma Petite Anglaise Ltd for the Product in question will be refunded in full as soon as possible.
8. Update of the T&Cs
8.1 Ma Petite Anglaise Ltd reserves the right to regularly update these T&Cs, in particular in the event of:
(a) Changes to Accepted Payment Methods; and
(b) Legislative or regulatory change.
8.2 The Contract resulting from an order placed with Ma Petite Anglaise Ltd will be governed by the GCS in force at the time the order was placed.
8.3 The Customer will be kept informed of any update of the GCS pursuant to this clause 8 by the mention made at the top of this page of (i) the existence of an update and (ii) the date of the update. up to date.
9. Refund - exchange
This clause 9 only applies if the Customer is a consumer
9.1 The consumer Client may terminate the Contract in accordance with the British “ Consumer Protection (Distance Selling) Regulations 2000 ”, within the period provided for in clause 9.3 below. During this period, the Consumer Customer who has changed his mind about his purchase or who, for any other reason, no longer wishes to keep a Product may notify Ma Petite Anglaise Ltd of his decision to terminate the Contract and obtain reimbursement of sums paid. For more information, please contact a Citizens' Advice Bureau or a Trading Standards office.
9.2 Without prejudice to the provisions of the preceding paragraph, the option for the Consumer Customer to terminate the Contract does not apply in the event that the Contract relates to Products made to measure or clearly personalized at the Customer's request. .
9.3 The option for the Consumer Customer to proceed with the resolution of the Contract is open to him from the day on which the Contract is validly formed, namely, at the time of the Order Confirmation. If the Products have already been dispatched or delivered to the consumer Customer, the latter has a period of 14 (fourteen) working days to proceed with the resolution of the Contract, from the day after receipt of the Products. “Working days” means any day except Saturdays, Sundays and public holidays in the country of delivery.
9.4 In order to terminate the Contract, the Customer must contact Ma Petite Anglaise Ltd in writing, either by email to the address contact@mapetiteanglaise.com , or by post to the address Ma Petite Anglaise Ltd, 14 Fontaine Road , London SW16 3PA, United Kingdom. It is recommended that the Customer keep a copy of his cancellation request and proof of shipment if applicable. The termination of the Contract is effective on the day the email is sent (for requests by email) or on the day the letter is delivered to the postal services by the Customer (for requests by post).
9.5 The Customer is fully reimbursed for the price paid for the Products as well as any shipping costs that he may have paid for the initial delivery. The refund will be made as soon as possible and, in any case, within 30 calendar days from the day on which the termination of the Contract is effective, as specified in clause 9.3. Clause 9.6 below deals more specifically with the return of Products affected by defects or not conforming to their description.
9.6 In the event of the return of Products affected by defects or not conforming to their description, the Customer is reimbursed for the price paid for the said Product, any shipping costs initially paid and all reasonable costs incurred by the Customer to return the Produced at Ma Petite Anglaise Ltd.
9.7 In general, Ma Petite Anglaise Ltd makes the refund by the same means of payment as that initially used by the Customer to pay for his order.
9.8 In the event that the Products have been delivered to the Customer at the time of termination of the Contract:
(a) The Customer undertakes to return the Products to Ma Petite Anglaise Ltd as soon as possible;
(b) Unless the Products are defective or do not conform to their description (in which case, see clause 9.6), the Customer bears all postage costs relating to the return of the Products to Ma Petite Anglaise Ltd ;
(c) The Customer is, by law, under the obligation to keep the Products in his possession and to assume the safekeeping of them until their return to Ma Petite Anglaise Ltd.
9.9 The details relating to the option of rescission of the Contract for the consumer Client as well as the resolution methods are provided on the Order Confirmation.
9.10 As a consumer, the Customer is protected by law if the Products are affected by defects or if they do not conform to their description. This protection is in no way affected by the provisions of this clause 9 or these T&Cs. For more information about this protection, please contact a Citizens' Advice Bureau or a Trading Standards office.
10. Delivery
10.1 The order will be honored on the estimated delivery date mentioned on the Delivery times page, unless an event occurs outside Ma Petite Anglaise Ltd. In the event that an event external to Ma Petite Anglaise Ltd prevents Ma Petite Anglaise Ltd from respecting the estimated delivery date, Ma Petite Anglaise Ltd will notify the Customer of the new delivery date.
10.2 Delivery will be deemed to have been made when Products have been delivered to the address provided by the Customer when ordering.
10.3 The Products are the responsibility of the Customer once delivery has been made.
10.4 The transfer of ownership of the Products takes place during the selection of the Products from the stock of Ma Petite Anglaise Ltd and their packaging for delivery.
11. International Delivery
11.1 Ma Petite Anglaise Ltd delivers its Products to the countries mentioned on the International Delivery Destinations page (hereinafter the “International Delivery Destinations”). Restrictions on certain Products for certain International Delivery Destinations may exist. Therefore, please read the information on this page carefully before ordering any Products.
11.2 If you order Products on the Site for delivery to an International Delivery Destination, the delivery may be subject to customs duties and taxes payable at the time the delivery reaches its destination. Ma Petite Anglaise Ltd has no control over these charges and cannot anticipate the amount; the Customer undertakes to make it his business.
11.3 The payment of these customs duties and taxes are the responsibility of the Customer. For more information, it is recommended that the Customer contact the customs administration before placing an order.
11.4 The Customer undertakes to comply with all the laws and regulations in force in the country of destination of the Products. Ma Petite Anglaise Ltd declines all responsibility if the Customer contravenes these laws.
12. Product Prices - Delivery Costs
12.1 The prices of the Products will be those indicated on the Site; they can be modified by Ma Petite Anglaise Ltd at any time. Ma Petite Anglaise Ltd has taken all necessary measures to ensure that the prices of the Products are correct when they have been entered on the Site. Clause 12.5 specifies the procedures for processing the Customer's order if an error were to affect the price of one or more Product(s) ordered by the Customer.
12.2 The prices of our Products may be modified by Ma Petite Anglaise Ltd at any time, but the modifications will not affect an order which has been the subject of an Order Confirmation.
12.3 Our company is not subject to VAT. The price of the Products is therefore exclusive of VAT.
12.4 The price of the Products does not include delivery costs. The Delivery Costs are mentioned on the Site; they can be modified by Ma Petite Anglaise Ltd at any time.
12.5 The Site presents a large number of Products. Despite the care taken in creating the Site, errors may affect the price of certain Products. Ma Petite Anglaise Ltd will inform the Customer of any error of which it becomes aware affecting the price of the Products ordered by the Customer, and the Customer may then (i) continue his order at the correct price or (ii) cancel his order. Such an order will not be processed in the absence of instructions from the Customer. If Ma Petite Anglaise Ltd is unable to contact the Customer using the contact details provided by the Customer when ordering, Ma Petite Anglaise Ltd will cancel the order and inform the Customer by email. Ma Petite Anglaise Ltd cannot be held to supply Products at an erroneous (lower) price if the pricing error is obvious, easily identifiable, or could have been identified by the Customer as a pricing error.
12.6 No coupon or reduction code that Ma Petite Anglaise Ltd may issue and which would reduce the price of a Product or any other cost related to your order may have monetary value and may not be included in a refund subject to the clause 9.5.
13. Payment
13.1 The Customer may pay for the Products using
(a) PayPal; Where
(b) the following credit and debit cards:
(i) Maestro;
(ii) Visa debit;
(iii) Visa credit;
(iv) MasterCard;
(v) American Express.
13.2 Payment for the Products and applicable shipping costs must be made in advance.
14. Liability – Professional Clients
This clause 14 only applies if the Customer is a professional.
14.1 Ma Petite Anglaise Ltd only provides the Products for internal use in the business of the Customer, who undertakes not to buy the Products in order to resell them.
14.2 The liability of Ma Petite Anglaise Ltd cannot be limited or excluded in the event of:
(a) Death or personal injury caused by the negligence of Ma Petite Anglaise Ltd;
(b) Fraud or fraudulent misrepresentation; Where
(c) Breach of clause 12 of the Sale of Goods Act 1979 (right of ownership and quiet enjoyment); Where
(d) Faulty Products within the meaning of the UK Consumer Protection Act 1987 .
14.3 Without prejudice to the provisions of clause 14.2, Ma Petite Anglaise Ltd cannot under any circumstances be held liable, on any basis whatsoever, in the event of:
(a) Loss of profits, sales, business or revenue;
(b) Loss or corruption of data, information or software;
(c) Loss of business opportunities;
(d) Loss of future income;
(e) Loss of opportunity, goodwill or reputation;
(f) Or any other intangible damage
directly or indirectly in connection with the Contract.
14.4 Without prejudice to the provisions of clauses 14.2 and 14.3, the liability of Ma Petite Anglaise Ltd, on whatever basis, shall be strictly limited to the total price of the Contract under which Ma Petite Anglaise Ltd is liable.
14.5 Except as otherwise provided in these T&Cs, Ma Petite Anglaise Ltd makes no warranties or representations with respect to the Products. Any implied warranty or commitment that may result from the interpretation of these T&Cs is excluded to the extent permitted by law. In particular, it is the Customer's sole responsibility to ensure that the Products correspond to the use for which they are intended.
15. Liability – Consumer Client
This clause 15 only applies if the Customer is a consumer.
15.1 Any breach by Ma Petite Anglaise Ltd of the provisions of these T&Cs engages its liability for any damage caused to the Customer, provided that this damage was the foreseeable consequence of the breach of the provisions of these T&Cs by Ma Petite Anglaise Ltd or of its negligence. On the other hand, the responsibility of Ma Petite Anglaise Ltd can not be held liable for unforeseeable damage. Damage is considered foreseeable if it is an obvious consequence of a breach of the provisions of these GCS or if it had been expressly provided for by the Customer and Ma Petite Anglaise Ltd at the time of the formation of the Contract.
15.2 Ma Petite Anglaise Ltd only supplies the Products for private use. The Customer undertakes not to use the Product for commercial, professional or resale purposes; Ma Petite Anglaise Ltd declines all responsibility with regard to the Customer for any immaterial damage.
15.3 The liability of Ma Petite Anglaise Ltd cannot be limited or excluded in the event of:
(a) Death or personal injury caused by the negligence of Ma Petite Anglaise Ltd;
(b) Fraud or fraudulent misrepresentation; Where
(c) Breach of clause 12 of the Sale of Goods Act 1979 (right of ownership and quiet enjoyment); Where
(d) Breach of terms under clauses 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fit for purpose and sample); Where
(e) Products which are defective under the UK Consumer Protection Act 1987 .
16. Force Majeure
16.1 Ma Petite Anglaise Ltd cannot be held liable in the event of non-performance of its contractual obligations or delay in their performance resulting from a Force Majeure Situation.
16.2 A "Force Majeure Situation" means any act or event external to Ma Petite Anglaise Ltd, including strikes (and, in particular, postal strikes), lockouts or other industrial action, popular unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster, or network failure public or private telecommunications, or inability to use rail, shipping, air, motorized transport or any other means of public or private transportation.
16.3 In the event of a Force Majeure Situation which would prevent Ma Petite Anglaise Ltd from performing its obligations under a Contract:
(a) Ma Petite Anglaise Ltd will contact the Customer as soon as possible;
(b) The obligations of Ma Petite Anglaise Ltd under the Contract will be suspended and the deadline for their performance will be extended for a period equal to that of the duration of the Force Majeure Situation. In the event that a Force Majeure Situation affects the delivery of the Products, Ma Petite Anglaise Ltd and the Customer will agree on a new delivery date as soon as the Force Majeure Situation has ended.
17. Communications
17.1 In the context of these T&Cs, the term "in writing" also refers to e-mail.
17.2 For the consumer Client:
(a) In order to terminate the Contract pursuant to clause 9 above, the Customer must contact Ma Petite Anglaise Ltd in writing, either by email at contact@mapetiteanglaise.com , or by post at Ma Petite Anglaise Ltd, 82 Horder Road, London SW6 5EE, United Kingdom. It is recommended that the Customer keep a copy of his cancellation request and proof of shipment if applicable. The termination of the Contract is effective on the day the email is sent (for requests by email) or on the day the letter is delivered to the postal services by the Customer (for requests by post).
(b) Any other communication to Ma Petite Anglaise Ltd may be sent by email to contact@mapetiteanglaise.com or by post to Ma Petite Anglaise Ltd, 82 Horder Road, London SW6 5EE. Customer Service can also be contacted on 0044 20 367 429 69.
17.3 Ma Petite Anglaise Ltd contacts its Customers by email or prepaid mail to the addresses provided by the Customer when ordering.
17.4 For the Professional Customer, any notification received or sent by Ma Petite Anglaise Ltd will be considered received and notified, immediately if sent by email, or within 5 days after the date of dispatch if sent by post. . Proof of notice will then be (i) in the case of a letter, by proof that the letter was properly addressed, stamped and posted, and (ii) in the case of an email, by proof that this email has been sent to the recipient's email address. The provisions of this article do not apply to a summons or any other document relating to a legal action.
18. Miscellaneous
18.1 Ma Petite Anglaise Ltd reserves the right to transfer its rights and obligations under the Contracts to any natural or legal person; this transfer will not however affect the rights and obligations of the Customer under the Contract and these GCS.
18.2 The Customer is only authorized to transfer your rights and obligations under these GCS and the Contract to another natural or legal person with the prior written consent of Ma Petite Anglaise Ltd.
18.3 The Contract is concluded between Ma Petite Anglaise Ltd and the Customer exclusively. It does not confer any rights or impose any obligations on third parties.
18.4 Each clause of these T&Cs can be executed independently of the rest of the T&Cs. In the event that a court or an administrative authority declares that one of these clauses is illegal, null or inapplicable, all the other clauses of the GCS will remain in force and will continue to produce all their effects.
18.5 The fact for Ma Petite Anglaise Ltd not to pursue with the Customer the performance of the latter's obligations under these GCS or the Contract, or the fact of not asserting its rights with regard to the Customer, or delay in doing so, does not imply a waiver on the part of Ma Petite Anglaise Ltd to exercise its rights with regard to the Customer, and cannot be interpreted as a possibility for the Customer not to perform its obligations. The waiver by Ma Petite Anglaise Ltd Si of any of its rights with regard to the Customer will only be valid if notified in writing to the Customer; it does not entail automatic waiver for the future of this same right with regard to the Client.
18.6 If the Customer is a consumer, the T&Cs are subject to English law. The Customer and Ma Petite Anglaise Ltd agree to submit the Contract and any dispute relating to the Contract to English law and the non-exclusive jurisdiction of the courts of England and Wales. Residents of Northern Ireland and Scotland may submit the dispute to the courts of Northern Ireland and Scotland respectively.
18.7 If the Customer is a professional, the T&Cs are subject to English law. The Customer and Ma Petite Anglaise Ltd agree to submit the Contract and any dispute relating to the Contract to English law and the exclusive jurisdiction of the courts of England and Wales.
18.8 These French Terms and Conditions are a courtesy translation of the original English Terms and Conditions; in the event of conflict or contradiction between the French and English versions of the T&Cs, only the English version will prevail.
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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
WEBSITE TERMS AND CONDITIONS OF SUPPLY (26.02.2014)
This page (together with the documents expressly referred to on it) 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 by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. 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 31 August 2013 .
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website www.mapetiteanglaise.com. We are Ma Petite Anglaise Ltd, a company registered in England and Wales under company number 8437917 and with our registered office and main trading address at 82 Horder Road, London SW6 5EE. We are not registered for VAT.
1.2 To contact us, please write to contact@mapetiteanglaise.com or call 0044 20 367 429 69
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflect the color of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a small tolerance.
2.3 The packaging of the Products may vary from that shown on images on our site.
2.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. Use of our site
Your use of our site is governed by our Terms of Website 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. For details, please see our Privacy Policy . Please take the time to read these, as they include important terms which apply to you.
5. If you are a consumer
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. If you are a business customer
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
7. How the contract is formed between you and us
7.1 For the steps you need to take to place on order on our site, please see our How to Shop Online page .
7.2 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.
7.2 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.
7.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order and confirming your name, your order number and the total price paid. 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 7.4.
7.4 We will confirm our acceptance of your order to you by sending you an e-mail (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
7.5 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 of an error in the price on our site as referred to in clause 12.5, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
8. Our right to vary these terms
8.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you; and,
(b) changes in relevant laws and regulatory requirements.
8.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
9. Your consumer right of return and refund
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to 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 under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of any products made to your specification or clearly personalized.
9.3 Your legal right to cancel a Contract starts from the date of the Order Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
9.4 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to contact@mapetiteanglaise.com or by sending a letter to Ma Petite Anglaise Ltd, 82 Horder Road, London SW6 5EE. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
9.5 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.3. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6.
9.6 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.7 We will usually refund you using the same method you used to pay.
9.8 If the Products were delivered to you:
(a) you must return the Products to us as soon as reasonably practicable;
(b) unless the Products are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us;
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
9.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Confirmation.
9.10 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.Delivery
10.1 Your order will be fulfilled by the estimated delivery date set out in the Delivery Times webpage , unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
10.2 Delivery will be completed when we deliver the Products to the address you gave us.
10.3 The Products will be your responsibility from the completion of delivery.
10.4 You own the Products from the time they have been selected from our stock and prepared for delivery to you.
11. International delivery
11.1 We deliver to the countries listed on this page: International Delivery Destinations . However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
11.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
11.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
11.4 You must comply with all applicable laws and regulations of the country for which the Products are intended. We will not be liable or responsible if you break any such law.
12. Price of products and delivery charges
12.1 The prices of the Products will be as quoted on our site from time to time. 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 if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.
12.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
12.3 Since we are not registered for VAT, the price of a Product does not include VAT.
12.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page .
12.5 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 inform 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 canceling 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 canceled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
12.6 Any coupons or codes which we might issue which reduce the price of a Product or reduce any other cost associated with your order shall have no cash value and will not be included in any refund under clause 9.5.
13. How to pay
13.1 You can pay for Products using:
(a) PayPal; gold
(b) the following credit or debit cards:
(i) Maestro;
(ii) Visa debit;
(iii) Visa credit;
(iv) MasterCard;
(v) American Express.
13.2 Payment for the Products and all applicable delivery charges is in advance.
14. Our liability if you are a business
This clause 14 only applies if you are a business customer.
14.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
14.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); gold
(d) defective products under the Consumer Protection Act 1987.
14.3 Subject to clause 14.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; gold
(f) any indirect or consequential loss.
14.4 Subject to clause 14.2 and clause 14.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products supplied under the Contract.
14.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
15. Our liability if you are a consumer
This clause 15 only applies if you are a consumer.
15.1 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 they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
15.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 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.
16. Events outside our control
16.1 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 16.2.
16.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes (including, without limitation, postal strikes), lockouts 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.
16.3 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.
17. Communications between us
17.1 When we refer, in these Terms, to "in writing", this will include e-mail.
17.2 If you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us in writing by sending an e-mail to contact@mapetiteanglaise.com or by sending a letter to Ma Petite Anglaise Ltd, 82 Horder Road, London SW6 5EE. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
(b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to contact@mapetiteanglaise.com or by sending a letter to Ma Petite Anglaise Ltd, 82 Horder Road, London SW6 5EE. You can always contact us using our Customer Services telephone line at 0044 20 367 429 69.
17.3 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.
17.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e- mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
18. Other important terms
18.1 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.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 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.
18.5 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.
18.6 If you are a consumer, 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.
18.7 If you are a business, these Terms are governed by English law. This means that a 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), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.