Website Terms and Conditions of Use and Sale

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.

OWNERSHIP

This website (the “Website”) is the website of Margaret Howell Limited (registered company no. 02134765) (“Margaret Howell Limited”, “we”, “us”), whose registered office is 10 Upper Bank Street, London, E14 5JJ, email address shop@margarethowell.co.uk. Our trading address is 111 Fulham Road, London SW3 6RL and our Vat number is 802217671.

LEGAL AGREEMENT

This page (together with the documents referred to on it) tells you:

the terms on which you may use the Website; and
the terms on which we supply to you any of the products (“Products”) listed on the Website .

The former terms are to be found in the section below entitled TERMS AND CONSITIONS RELATING TO USE OF THE WEBSITE and the latter terms are to be found in the section below entitled TERMS AND CONDITIONS RELARING TO SALES OF PRODUCTS.

By entering the Website, and/or any page accessible on this site, and/or by purchasing Products from Margaret Howell Limited through the Website, or dealing with Margaret Howell Limited in any way through the Website, you accept, without limitation or qualification, the terms and conditions set out below (the “Terms”). By accessing and using this Website, including (without limitation) purchasing Products, you acknowledge that you are bound by the Terms.

If you do not wish to be bound by the Terms you should not access or use the Website. If you have difficulty in understanding these Terms or have any queries regarding these Terms, please contact shop@margarethowell.co.uk.

Margaret Howell Limited may modify the Terms in its absolute discretion from time to time without individual notice to you. You will be deemed to have accepted any modifications if you continue to use the Website after they have been posted.

TERMS AND CONDITIONS RELATING TO SALES OF PRODUCTS

Information that we are Required to Give You

A description of the main characteristics of the Products is contained on the Website and will also be contained in our Acceptance, described below.
The price of Products (including delivery and packaging charges) and arrangements for payment are as described in these Terms.
The arrangements for delivery of Products are as shown below.
You have a right of cancellation as set out in these Terms.
The language of the contract will be English.

Contract

You shall indicate by completing the appropriate order for on the Website the products (“the Products”) that you wish to order. At the same time you shall complete an authorisation for us to recover, through your credit or debit card, payments due to us.

Your order shall constitute an offer to us to purchase the Products specified in the order. We may accept or decline the order. If we acknowledge your order that shall not constitute an acceptance of it. If we accept the order we shall notify you of our acceptance (in these Terms “Acceptance”) by email, and we shall confirm the price. We shall at the same time notify you of the identifying number (in these Terms the “Identifying Number”) for your order and you will be required to quote it in any subsequent communications. No contract will be formed between us until we have notified you of our acceptance and you have paid for the Products and any applicable charges in full.

Margaret Howell Limited reserves the right in its discretion to decline to accept any order and/or to supply Products to any individual or company. If we decline to accept, or cancel, an order for which we have received payment, we shall refund the payment, but shall have no further or other liabilities.

If you have any difficulty completing any order please telephone +44 (0)20 7591 2255.

Entire Agreement

Each order, acceptance of each order and the supply of Products by Margaret Howell Limited pursuant to an order shall be governed by these Terms. These Terms constitute the entire understanding between you and Margaret Howell Limited in relation to any Products ordered and supplied through the Website. They supersede any other terms stipulated by you, whether in any order or during negotiations or any course of dealing established between you and us.

All descriptions, illustrations and indications or price of Products provided on this Website or otherwise communicated to you are for guidance only and intended merely to present a general idea of the Products. Nothing contained in any such description, illustration or indication of price shall form any part of these Terms.

Price

The prices of the Products shall be those specified by Margaret Howell Limited to you from time to time. Prices quoted on the Website are indicative only and are subject to change.

All prices on the Website are inclusive of United Kingdom VAT and packing and exclusive of postage/delivery. A summary of delivery charges and other relevant information can be found at our delivery and shipping information page.

The prices of the Products are given in both Pounds Sterling and Euros. Payment for the ordered Products may be made in either currency.

Margaret Howell Limited is under no obligation to provide any Product to you at an incorrect (lower) price, even after we have sent you an Acceptance, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as mis-pricing.

Please note that only the following credit cards are accepted for payment:

Visa (including Delta and Electron);
Mastercard (including Maestro and JCB); and
Switch (including Switch Solo).

Delivery and Availability

Margaret Howell Limited shall deliver Products ordered by you to a courier or postal service of Margaret Howell Limited’s choice to the delivery address that you have given us.

If you are resident in the EU, Margaret Howell Limited shall wherever applicable instruct the courier or postal service to deliver the Products to the address in the EU that you give us.

If you are resident outside of the EU, please see our FAQ for details of availability.

All delivery is subject to availability and time shall not be of the essence. If there is any delay, we will notify you of this and give you a new delivery time. As we process your order, we will also notify you if any Products are not available.

If you are a consumer (a natural person who, in contracts to which the Consumer (Distance Selling) Regulations 2000 apply, is acting for purposes outside his or her business), Margaret Howell Limited shall endeavour to deliver Products ordered by you within five working days of the day of receipt of your order. If delivery within five working days is not possible Margaret Howell Limited shall notify you of the delay and give you a new delivery time.

Children

Margaret Howell Limited does not sell products for purchase by children. If you are under 18, you may use this Website only with the involvement of a parent or guardian.

Inspection, Delivery Delays and Non-Delivery

Nothing in this clause affects your statutory rights pursuant to the provisions headed “Right to Cancel and Returns” below.

You must inspect the Products as soon as is reasonably practicable after delivery. Within fourteen working days of delivery you shall notify Margaret Howell Limited in detail and in writing of any defect in the Products or of any other complaint that you may have in relation to the Products. If you fail to give notice in accordance with this clause, the Products shall be conclusively presumed to be in all respects in accordance with the order and free from any defect that would be apparent on reasonable examination, and you shall be deemed to have accepted the Products accordingly.

Subject to the conditions set out below, if you establish to our reasonable satisfaction that any Products are not in accordance with these Terms or any other contract between us or are defective, your sole remedy shall be limited (as Margaret Howell Limited may elect) to the replacement of the Products or a refund of the purchase price and any delivery costs or, where sums are owed by you to us, the issue of a credit note or a credit card account refund against return of the Products. If we require you to return the Products to us and they are defective we shall reimburse your reasonable postage cost of returning them. These remedies are subject to the following conditions:

the claim is made in writing to Margaret Howell Limited within one month after Acceptance, or such other period as may be indicated by us for specific Products from time to time;
the Products or parts to which the claim relates are returned to Margaret Howell Limited within that period suitably packaged and carriage-paid and, where relevant, in accordance with any particular instructions that we may have notified to you at the time of supply. Returned Products or parts must be accompanied by an advice note stating the Identifying Number and the nature of any claimed defect, together with such further information as Margaret Howell Limited may at the time of supply have stipulated.

You shall make any queries regarding shortages of Products by reference to the Acceptance:

within seven working days of the date of the Acceptance;
in writing; and
quoting the Identifying Number.

Queries regarding Products where we notify you of dispatch but they are not received by you must be made within seven working days of the date of Acceptance, and the Identifying Number must be quoted. Without prejudice to the provisions under the headings “Passing of Risk and Property” and “Liability” and the force majeure provisions below, Margaret Howell Limited need not entertain any query made thereafter.

Passing of Risk and Property

Risk of loss or damage to, and title to, the Products shall pass to you at the time of delivery.

If you wish to return Products because they are faulty please see the “Inspection, Delivery Delays and Non-Delivery” paragraph above. You may also return any Products within fourteen days of receipt for any reason. Further details of your right to cancel are given in the e-mail confirming your order.

In addition to your right to return Products within fourteen days, if you are a consumer (a natural person who, in contracts to which the Consumer (Distance Selling) Regulations 2000 apply, is acting for purposes outside his or her business), you have the right to withdraw from your purchase within seven working days of the date the Product is delivered. All customers who cancel under this statutory “cooling off period” shall be entitled to a full refund. Any customers who would like to cancel an order pursuant to this statutory right should contact our customer services team (see “Customer Services” below for contact details).

If you are returning an item within fourteen days of receipt for whatever reason, please Click Here for our returns procedure and guidance on how to return the Products to us. We will then process your return and issue a refund or replacement as appropriate.

Customer Services

If you have any comments with regard to the service you have experienced in placing orders on, or using, this Website, please contact us:

Email	shop@margarethowell.co.uk
Post	Margaret Howell Limited, 111 Fulham Road, London SW3 6RL

Please note that orders for Products cannot be placed via Customer Services

Liability

Margaret Howell Limited will be responsible for any losses you suffer as a result of our breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the Website, or if a contract for the sale of goods by us to you was formed. We will not be responsible for any economic or business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or for any indirect or consequential loss that was not reasonably foreseeable to both you and us when you commenced using the Website or when a contract for the sale of goods by us to you was formed. Margaret Howell Limited does not limit in any way our liability for death or personal injury arising from a negligent act or omission on our part.

Assignability

You may not transfer, assign, charge or otherwise dispose of a contract for the purchase of Products, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge or otherwise dispose of such a contract, or any of our rights or obligations arising under it, at any time during the term of the contract, provided that any such action does not affect the quality of the Products or the service that you would have received from us.

Your Statutory Rights

Nothing in these Terms shall affect your statutory rights. If you have any doubts as to your statutory rights then you should contact a solicitor or your local Citizens Advice Bureau or refer to the website of the Office of Fair Trading.

TERMS AND CONDITIONS RELATING TO USE OF THE WEBSITE

Information on the Website

Unless specifically stated otherwise, Margaret Howell Limited is not responsible for the information relating to Margaret Howell Limited on the Website and makes no warranty in respect of its timeliness, accuracy or availability. The information provided is subject to Margaret Howell Limited’s Privacy Policy which you should read before accessing such information.

Intellectual Property Rights

The Website, and all the text, information and graphic representations or images on it (“Content”), are owned by, or licensed to Margaret Howell Limited. The copyright and all other intellectual property rights in the Content are the sole and exclusive property of Margaret Howell Limited or its licensors.

You may view the Website on your computer screen and print its contents on your printer for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content.

Without Margaret Howell Limited’s prior written consent, you may not use, transfer, copy or reproduce any part of the Content, this Website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.

You warrant that it is legal for you to view this Website in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using the Content.

Using the Website

Wherever you are asked to provide information in connection with the Website, you agree to provide true, accurate, current and complete details. You are not obliged to provide us with any optional information requested.

You agree not to:

impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;

modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;

make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (eg. names/addresses) without their prior consent;

damage, interfere with or disrupt access to the Website or do anything which might impair its functionality;

use the Website in any way to send unsolicited (commercial or otherwise) e-mail (“Spam”) or any material for marketing or publicity purposes, or any similar abuse;

publish, post, distribute, disseminate or otherwise transmit defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;

make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms” or any other harmful software;

falsify the true ownership of software or other material or information contained in a file made available via the Website;

obtain or attempt to obtain unauthorised access, through whatever means, to the Website.

No Unlawful or Prohibited Use

You undertake to Margaret Howell Limited that you will not use the Website for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful.

You agree to indemnify Margaret Howell Limited, its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking.

Our Use of Your Personal Details

Please see our Privacy Policy.

Liability Disclaimer regarding Access to or Use of the Website

These provisions do not deal with liability arising from purchases of Products (for which see the provisions headed “Liability” under the ‘Terms and Conditions relating to sales of Products’ above).

You agree that you use the Website entirely at your own risk.

In preparing this Website, Margaret Howell Limited has endeavoured to offer current, correct and clearly expressed information. However, Margaret Howell Limited cannot guarantee that the information will be accurate, complete or current at all times and accepts no liability for any reliance placed by any person on the information.

Margaret Howell Limited makes no representations or warranties of any kind about the suitability, reliability, timeliness, and accuracy of the information contained on this Website for any purpose. Margaret Howell Limited expressly disclaims all warranties and conditions with regard to this information, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose to the extent permitted by law.

Margaret Howell Limited does not accept any responsibility for any errors or inaccuracies in any advertising material, and is not responsible for and does not endorse the content of any such advertisements.

Margaret Howell Limited shall not be liable for any damages whatever, including but without limitation to, damages for loss of use, data or profits, arising out of the use or performance of this Website, the provision of or failure to provide services, or for any information obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, or otherwise, without limitation, even if Margaret Howell Limited has been advised of the possibility of such damage.

If you are dissatisfied with any portion of this Website, or with any of these terms of use, your sole remedy, except as specifically provided in these terms, is to stop using the Website.

Notwithstanding anything in these Terms, Margaret Howell Limited does not disclaim liability for death or injury caused by its own negligence.

Margaret Howell Limited reserves the right to remove any information or material on the Website without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.

Availability

Margaret Howell Limited reserves the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the Website with or without notice.

Virus Protection and Compatibility

While certain precautions have been taken to detect computer viruses and ensure security, Margaret Howell Limited can not guarantee that the Website is virus-free and secure.

Margaret Howell Limited shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. Margaret Howell Limited does not give any warranties as to the compatibility of the Website with your computer systems, software and/or hardware.

Links to Third Party Sites

This Website contains links to websites operated by parties other than Margaret Howell Limited (“Third Party Websites”). These links are provided for your convenience. When you activate one of them, you will leave the Website. Margaret Howell Limited has no control over, and will accept no responsibility for or liability in respect of, material on any website that is not under its control.

The inclusion of links to Third Party Websites does not imply any endorsement of the material on them or any association with their operators.

You will not arrange for any Third Party Website to be connected to any part of the Website by way of hyperlink or otherwise without Margaret Howell Limited’s written consent.

Termination of Use

Margaret Howell Limited may restrict your access to the Website, refuse to correspond with you, and/or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you where:

there is a regulatory or statutory change limiting the ability to provide access to the Website;

there is any event beyond the reasonable control of Margaret Howell Limited preventing Margaret Howell Limited from providing access to the Website (for example, and without limitation, technical difficulties, capacity problems and communications failures);

Margaret Howell Limited considers in its sole discretion that you are abusing the Website or are otherwise acting in breach of these Terms.

Monitoring

Margaret Howell Limited reserves the right to monitor and track your visits to the Website.

GENERAL TERMS AND CONDITIONS

Those who choose to access the Website from locations outside of the UK are responsible for compliance with local laws relating to such access if and to the extent local laws are applicable.

A failure or delay by Margaret Howell Limited in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms.

None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.

Any rights not expressly granted in these Terms are reserved to Margaret Howell Limited.

If Margaret Howell Limited is hindered or prevented from performing its obligations under these Terms for any cause beyond its reasonable control (including but not limited to acts or omissions of providers of telecommunications services or faults in or failures of their networks or equipment) or by reason of its inability to procure services, materials or articles required for the performance of the contract except at prices higher than those applicable at the date of your order, Margaret Howell Limited may at its sole option delay the performance of, or cancel the whole or any part of the contract. In that event, Margaret Howell Limited shall not be responsible for its delay or cancellation or any inability to deliver or perform its obligations.

If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

These Terms constitute the entire agreement between you and Margaret Howell Limited as to your use of the Website and shall supersede any prior agreement or representation in respect thereof.

The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail or facsimile transmission in each case addressed to you at the e-mail address or facsimile number you have given us or to us at the e-mail address or facsimile number displayed on the Website.

English law governs these terms and conditions. You submit to the non-exclusive jurisdiction of the English courts.

COPYRIGHT AND TRADE MARK NOTICES:

Delivery and Shipping

Does Margaret Howell Limited ship to multiple addresses?

Yes. First add all the items you require to your basket, then proceed to the checkout page. Select the split shipment button and add the alternate delivery address to each item as required.

Alternate addresses can be stored in your address book for future use.

How much will I be charged?

The following delivery charges will apply:

Courier/Territory	Price
Royal Mail - UK - Standard	£5
Royal Mail - UK - Next Day	£10
EU - up to 2 items	£10
EU - over 2 items	£15

Notes:

Sorry: there are no weekend deliveries at the moment.

Delivery will be received within 3 - 4 working days providing orders are received before 12 noon.

Please note that delivery times are only estimates. We will not be liable for delays in meeting them.

Which countries do you deliver to?

Currently we only deliver within the EU.

Deliveries

When a parcel is delivered you will be asked to sign for it as proof of receipt. If you are not there, a card will be dropped through your door stating how to get your parcel.

Returns Procedure

There is no need to telephone us when sending a return. Please note that all refunds and exchanges of Products must be made through this Website. Products may not be returned to our stores. Refunds will not be made by our stores under any circumstances.

All Products must be returned in their original packing and with their labels intact.

Fill out the returns form enclosed with your order noting whether you would like an exchange or a refund.

Attach the sticky label provided on the despatch note/invoice to the parcel. If you no longer have this then please send the parcel to: Margaret Howell Limited, 111 Fulham Road, London SW3 6RL.

Please take your parcel(s) to your nearest post office. We recommend that you send returns by recorded post. Always retain proof of postage.

Please note that refunds bought as presents can only be given to the original payer, and if you decide to exchange an item, we cannot prevent the original payer from being aware of the exchange.

When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us that you do not agree to any change in these terms or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your entitlement to a refund via e-mail within a reasonable period of time.

We will process any refund due to you within 30 days of the day we received your cancellation. We aim to make refunds using the same method as that used by you to pay for your purchase.

Refunds will be given on the following basis:

where you have validly returned a Product under your right of cancellation described in the Terms, we will refund the full amount paid by you for the Product, including the cost of delivery to you. You will be responsible for returning the Product to us at your own cost;
where you have validly returned a Product which is a substitute product under your right of cancellation, we will refund the full amount paid by you for the Product (including the cost of delivery to you) and reimburse the reasonable cost incurred by you in returning the Product;
where you have validly returned a Product to us because it is defective or for some other reason for which we are responsible, we will refund the full amount paid by you for the Product (including the cost of delivery to you) and reimburse the reasonable cost incurred by you in returning the Product; and
where you have returned a Product in circumstances other than those listed at (i) to (iii) above (which includes rejecting a defective Product more than a reasonable time after receipt), any refund will be at our discretion. If we do agree to provide a refund, we will not refund the cost of delivery to you and we will not reimburse the cost incurred by you in returning the Product.

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