Terms and Conditions of Sale
Terms and Conditions of Sale
Please read these terms and conditions carefully as it governs the relationship between us and you and limits our liability to you when you purchase products from us through this website. By placing an order you are accepting these terms and conditions and are forming a legal contract with us.
1. Your Order
1.1 Each order placed by you with us shall be an offer by you to buy advertised products subject to these terms and conditions.
1.2 It is your responsibility to ensure that the terms of your order, including the address for delivery, are complete and accurate.
1.3 All prices stated, advertisements for products and “specials” given on this website are given on the basis that no order placed by you shall be deemed to be accepted until we have received payment from you and issued confirmation of your order and acknowledged receipt of payment.
1.4 Any advertisements, prices stated for products and “specials” given on this website may be altered or withdrawn by us at any time prior to a contract for sale coming into existence.
1.5 We shall endeavour to meet all orders. We do not, however, guarantee the availability of a product at any time. When a product is temporarily out of stock we will advise you of when we expect to be able to fill orders, however this shall only be an estimate and shall not be binding upon us.
1.6 Sometimes stock may be withdrawn or discontinued. We shall make every effort to update the website at all times but you understand and acknowledge that we are not liable to you for any failure or delay to accept or fill an order due to products being out of stock, withdrawn or discontinued.
2.1. Delivery shall take place at the address specified in your order.
2.2. Any dates or times that we specify for delivery are intended to be estimates only and are not guaranteed. Time of delivery is not of the essence and shall not be made of the essence by notice.
2.3. Except as where stated in these terms and conditions, we shall not be liable for any direct, indirect or consequential loss of whatever nature, costs, damages or expenses howsoever caused by any delay in the delivery of the products, even if caused by our own negligence.
2.4. If for any reason we are unable to deliver the products to the address stated in your order or any person at that address refuses to accept delivery of the products, all risk in the products shall pass to you and we may, at our sole discretion, charge for return of the products to us, charge any storage fees incurred, and charge for a redelivery fee to the same or any other address nominated by you.
2.5. The cost of delivery shall be calculated when you place your order and any payments for delivery (except those incurred under clause 2.4) shall be due at the time of payment for your products.
3. Price and Payment
3.1. Unless otherwise agreed between you and us, the price for the products shall be the price advertised on the website at the time you place the order.
3.2. The prices stated in your order shall be inclusuve of VAT, and all fees and charges in relation to packaging and insurance and carriage to the delivery address (unless otherwise stated in your order).
3.3. Payment for the price of the ordered products shall be due in pounds sterling at the time of acceptance of the order.
3.4. Time for payment shall be of the essence and no payment shall be deemed received until it has been received in full and cleared funds.
4.1. All warranties, conditions and other terms implied by state or common law are, to the fullest extent permitted by law, excluded from the agreement between you and us.
4.2. Without prejudice to the generality of clause 4.1, all products carry any warranties that are expressly stated as being warranties in the product description on this website.
4.3. In the event of a product not manufactured by us requiring replacement or repair by virtue of any warranty of the manufacturer, we shall extend the benefit of the warranty to you, and it will be for you to contact the manufacturer directly.
5.1. You do not have the right to cancel any order in respect of audio or video recordings or computer software if they have been unsealed. If they have not been unsealed, you may cancel your order in accordance with the remaining provisions of this clause.
5.2. You do not have the right to cancel any order in respect of any bespoke product that has been created specifically to your specifications or personalised at your request.
5.3. You do not have the right to cancel any order for any product where the seal has been opened and/or broken in any way.
5.4. You do not have the right to cancel any order for any product which, by its nature, has a product life of less than one month.
5.5. Except in the circumstances stated above at clause 5.1, 5.2 5.3 and 5.4, you have the right to cancel any order or part of any order within seven working days, beginning on the next working day after delivery.
5.6. Any cancellations must be made in writing and sent:
5.6.1. by email to firstname.lastname@example.org
5.6.2. by post to: Coppice Wood, Bagshot Road, Chobham, Surrey, GU24 8DA.
5.7. Within seven working days of receipt of your notice that you wish to cancel your order, or any part of it, we shall arrange return of the products to us.
5.8. Within seven working days of receipt of the products returned to us in their original condition and packaging, we shall issue a full refund of the price paid by you for those products.
5.9. All products returned to us due to cancellation of any order or part of any order, shall become our property.
6. Returns and Refunds Policy
6.1. It is your responsibility to check the products ordered are correct upon delivery. In the event that any order is incorrect, you must notify us within seven days after delivery either by email to email@example.com or telephone +44 (0)20 7235 3545.
6.2. In the case of incorrect orders, the incorrect products must be returned to us and we shall, at our sole discretion, either redeliver the correct order at our own cost or (if we are unable to fill your order at that time) provide a refund of the price paid by you for that product.
6.3. If the products are faulty or defective, you must notify us either by email to firstname.lastname@example.org or telephone +44 (0)20 7235 3545 and must return the products to us within one month of delivery. At our own discretion we shall repair or replace the products free of charge and redeliver them to you at our own cost, or we shall provide a refund of the price paid by you for that faulty or defective product.
6.4. If we elect to refund you rather than provide a replacement, or as a result of being unable to fill your order at that time, all products to which the refund relates must be returned to us immediately.
6.5. In the event of correction, replacement or refund, for whatever reason, any and all products replaced or refunded by us must be returned to us, at our cost, before such replacement or refund will be issued.
6.6. All products returned to us, for whatever reason, shall become our property.
7. Limitation of Liability
7.1. Without prejudice to the other terms and conditions, this clause sets out our total financial liability to you.
7.2. Without prejudice to the other terms and conditions, our total liability in contract, tort, breach of statutory duty, misrepresentation, restitution or otherwise arising in connection with the performance (or anticipated performance) of this agreement between you and us shall be limited to the price paid by you for any single order.
7.3. Notwithstanding the other terms and conditions, nothing in this agreement shall limit our liability for death or personal injury caused by our negligence or for any matter for which it would be illegal to attempt to exclude or limit our liability or for any fraud or fraudulent misrepresentation.
8.1. If you breach any clause in these terms and conditions and we ignore this, we shall still be entitled to use our rights and remedies at a later date or in any other situation or under any other order where you breach these terms and conditions.
8.2. We may assign or transfer our rights and/or obligations under these terms and conditions at any time. This will not affect your rights and/or obligations under the terms and conditions. You are not permitted to transfer your rights or obligations under these terms and conditions.
8.3. If any provision of these terms and conditions is found by any court, tribunal or administrative body of competent UK jurisdiction, to be wholly or partially illegal, invalid, void, voidable or unenforceable it shall to that extent be deemed severed from the agreement and the remaining terms and conditions shall remain in full force and effect.
8.4. We do not intend that any provision in these terms and conditions shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to the agreement between you and us.
8.7. The agreement between you and us shall be governed by the laws of England and Wales and we shall both submit to the exclusive jurisdiction of the Courts of England and Wales.
9.1. We reserve the right to unilaterally vary these terms and conditions from time to time. You should regularly check and read the terms and conditions for any updates and amendments before each order that you place with us. If you do not or can not agree with any of the terms and conditions you should not place any order with us.
10. Contact Details
10.1. Any comments, queries or complaints should be addressed to our sales team at:
Telephone: +44 (0)20 7235 3545
Address: Coppice Wood, Bagshot Road, Chobham, Surrey, GU24 8DA
Micheline Arcier Aromatherapie is a division of Aromasport Therapy Limited, Registered Office: Coppice Wood, Bagshot Road, Chobham, Surrey, GU24 8DA | Registered Company No. 7015487