A. INFORMATION ABOUT US
www.miastanza.co.uk is a site operated by Mia Stanza Limited (“we”). We are a company incorporated in England and Wales under company number 4566337 and with our main trading address at 7 The Manor House, Beam Street, Nantwich, Cheshire, CW5 5LR. You can contact us at this address with any queries or complaints, or on our telephone number on 01270 628836 or via e-mail at the following e-mail address: email@example.com . Our VAT number is GB 729 1274 28.
B. WEBSITE TERMS AND CONDITIONS OF SUPPLY
This section B entitled “Website terms and conditions of supply” (together with documents referred to in it, the information about us in section A) and the general terms and conditions in section E) tells you the terms and conditions on which we supply any furniture or other products (“Products”) listed on our website at www.miastanza.co.uk (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
We recommend that you print a copy of the terms and conditions referred to above for future reference.
1. SERVICE AVAILABILITY
Our site is only intended for use by people resident in the United Kingdom (the “Serviced Countries”). We do not accept orders from individuals outside those countries.
2. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are resident in one of the Serviced Countries; and
(d) You are accessing our site from that country.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the “Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4. CONSUMER RIGHTS
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8 below).
4.2 Your right to return or cancel products does not apply to goods that are made to measure or are made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. This doesn’t affect your statutory rights if goods are faulty or not as described. If the item/s you ordered were not marked as in stock (but were made to order, bespoke or not in stock) it is likely that we will have commissioned a supplier to make it/them for you and therefore are not subject to the Consumer Contracts Regulations. In this instance, cancellation requests are at the discretion of Mia Stanza and in order to cancel we may have to pass on any reasonable costs borne by the company amounting to 25% of your total order value.
4.2 To cancel a Contract, you must inform us (in writing). You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may be entitled to compensation from you.
4.3 Details of your right to cancel are also provided in the Dispatch Confirmation . This provision does not affect your statutory rights.
5. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
6. RISK AND TITLE
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. PRICE AND PAYMENT
7.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
7.2 Unless otherwise stated in our site, these prices include VAT but exclude delivery costs, which will be added to the total amount due.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
7.6 Payment for all Products must be by credit or debit card. We accept payment with VISA Credit, Mastercard Credit, VISA DELTA Debit, Maestro, SOLO Debit, VISA ELECTRON Debit.
8. OUR REFUNDS POLICY
8.1 If you cancel the contract within the seven-day cancellation period (see clause 4.1 above), we require you to return the goods to us at your own expense. When we provide a refund because you have cancelled the Contract between us within the cancellation period, we will process the refund due to you as quickly as possible. In this case, the refund will comprise of the price of the Product in full together with the cost of sending the item to you.
8.2 When you return a Product to us for any other reason (for instance, because you have notified us in accordance with Section E (General terms and conditions) clause 3 (Notices) that you do not agree to any change in these terms and conditions 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 refund via e-mail within a reasonable period of time. We try to process all refunds as quickly as possible. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
8.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9. OUR LIABILITY
9.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
9.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
9.3 Please see Section E (General term and conditions) clause 1 (Liability) for additional provisions relating to our liability.
10. EVENTS OUTSIDE OUR CONTROL
10.1 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 events outside our reasonable control (“Force Majeure Event”).
10.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks; or
(f) The acts, decrees, legislation, regulations or restrictions of any government.
10.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
C. TERMS OF WEBSITE USE
1. ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who are existing customers.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by international copyright law. All such rights are reserved.
2.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
3. OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
4. OUR LIABILITY
4.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by any applicable law, we, other members of our group of companies (which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985) and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
4.2 Please see Section E (General term and conditions) clause 1 (Liability) for additional provisions relating to our liability.
5. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
6. TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.
7. VIRUSES, HACKING AND OTHER OFFENCES
7.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
7.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
7.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
8.1 You may not link to our site or frame our site except with our prior written consent.
8.2 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
9. PROHIBITED USES
You may use our site only for lawful purposes. You may not use our site:
(a) In any way that breaches any applicable local, national or international law or regulation;
(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
Mia Stanza Limited (“we”) are committed to protecting and respecting your privacy.
This policy (together with any other documents referred to on it and Section C (Terms of website use) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
1. INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following personal data about you.
(a) information that you provide by filling in forms on our site at www.miastanza.co.uk (“our site”). This includes information provided when placing orders or contacting customer services. We may also ask you for information when you report a problem with our site;
(b) if you contact us, we may keep a record of that correspondence;
(c) we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;
(d) details of transactions you carry out through our site and of the fulfilment of your orders; and
(e) details of your visits to our site and the resources that you access.
2. IP ADDRESSES AND COOKIES
2.1 We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
2.2 For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us to:
(a) estimate our usage pattern;
(b) store information about your preferences, and so allow us to customise our site according to your individual interests; and
(c) recognise you when you return to our site.
3. WHERE WE STORE YOUR PERSONAL DATA
3.1 [All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted [using SSL technology].]
3.2 Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
3.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
4. USES MADE OF THE INFORMATION
We use information held about you in the following ways:
(a) to ensure that content from our site is presented in the most effective manner for you and for your computer;
(b) to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes; and
(c) to allow you to participate in interactive features of our service, when you choose to do so; and
(d) to notify you about changes to our service.
5. DISCLOSURE OF YOUR PERSONAL DATA
5.1 We do not share any of your personal data with third parties except as set out in this clause 5.
5.2 If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you. If you do not wish to receive this promotional information by e-mail then please unsubscribe. You can unsubscribe on any email sent from Mia Stanza.
5.3 Occasionally we will need to share your information with other people and organisations. We will only do this when we have a legitimate legal basis for doing so and in compliance with our obligations under data protection laws. Third-Party Service Providers: We use other companies and individuals to perform functions on our behalf. such as fulfilling orders, delivering packages, sending postal mail and e-mail, analysing data, providing marketing assistance, processing credit card payments, and providing customer service . Such providers will have access to personal information about you needed to perform those functions, but may not use it for other purposes.
5.4 If Mia Stanza Limited or substantially all of its assets are acquired by a third party, then personal data held by it about its customers will be one of the transferred assets. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
5.5 If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply Section C (Terms of website use) or Section B (Terms and conditions of supply) and other agreements; or to protect the rights, property, or safety of Mia Stanza Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
You are entitled to view, amend, or delete the personal information that we hold. Email your request to our data protection officer Nick Lightowler at firstname.lastname@example.org
6. ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act.
E. GENERAL TERMS AND CONDITIONS
1.1 Except as stated in Section B clause 9, we shall not be liable for any direct loss arising out of a contract between us and any customer of our Products or incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it including:
(a) loss of income or revenue;
(b) loss of business; or
(c) loss of profits or contracts,
however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
1.2 We shall not be liable for any indirect or consequential loss or damage arising out of a contract between us and any customer of our Products or incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; and
(h) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
1.3 This clause does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law; including:
(a) under section 2(3) of the Consumer Protection Act 1987; or
(b) any right to damages or compensation under Data Protection Laws.
2. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Mia Stanza Limited at 7 The Manor House, Nantwich, Cheshire, CW5 5LR. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in this section E, clause 2 (Written communications) above. Notice 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.
4. TRANSFER OF RIGHTS AND OBLIGATIONS
4.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
4.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
4.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
5.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
5.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
5.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with this Section E clause 3 (Notice) above.
If any of the terms and conditions contained in Sections A-E or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
7. ENTIRE AGREEMENT
7.1 The terms and conditions contained in these sections A-E and any document expressly referred to in them (in all cases, where applicable) represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
7.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
7.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
8. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
8.1 We reserve the right to revise and amend these terms and conditions contained in these sections A-E from time to time.
8.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
General words shall not be given a restrictive interpretation by reason of their being preceded or followed by words indicating a particular class of acts, matters or things.
10. THIRD PARTY RIGHTS
The parties do not intend any of the terms and conditions at Sections A-E (or any part of them) to be enforceable by any person who is not a party to these terms pursuant to the Contracts (Rights of Third Parties) Act 1999.
11. LAW AND JURISDICTION
The terms and conditions at Sections A-E, the documents referred to in them and any Contract shall be governed by English law. Any dispute arising from, or related to them shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.