Terms and conditions of purchase
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 protected] . Our VAT number is GB 729 1274 28.
These Terms and Conditions tell 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. If you have any queries, please contact us at [email protected] or call us on 01270 628836.
We recommend that you print a copy of the terms and conditions referred to above for future reference, but they will also be available on our site.
- 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.
- 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.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 To purchase Products on our site, you will need to fill in and then submit the online order form specifying the Product(s) you require. You should check the order carefully before submitting it. In particular, you must ensure that you have filled in Your personal details correctly (especially your email address and the delivery address and the Product(s)) otherwise we will not be able to confirm Your order or send the correct Product(s) to You. If you need to correct any errors, You can do so before submitting the Order Form to Us.
3.2 To place an order, you click the ‘place order’ button. You will then 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.
3.3 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.
3.4 We will contact you if your order has not been accepted. This will usually be because:
(a) the Products are unavailable;
(b) We cannot authorise Your payment;
(c) You have ordered too many Products; or
(d) there has been a mistake on the pricing or description of the Products.
- AVAILABILITY AND DELIVERY
4.1 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 outside of our control, in which case we will give you a revised estimate date for delivery.
4.2 Delivery of the Products will take place when we deliver them to the address that you stated in the order.
4.3 Unless we agree otherwise, if we cannot deliver the Products within a reasonable period, we will let you know, cancel your order and give you a refund.
4.4 If nobody will be available to take delivery, please contact us.
- RISK AND TITLE
5.1 The Products will be at your risk from the time of delivery.
5.2 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.
- PRICE AND PAYMENT
6.1 The price of any Products will be as quoted on our site from time to time and stated on the pages when you submit your order, except in cases of obvious error.
6.2 Unless otherwise stated in our site, these prices are in GBP include VAT but exclude delivery costs, which will be added to the total amount due.
6.3 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.
6.4 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.
6.5 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 unmistakable and could have reasonably been recognised by you as a mis-pricing.
6.6 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.
6.7 Your credit card or debit card will only be charged when the Products are dispatched.
6.8 If Your payment is not received by us and you have already received the Products, You:
(a) must pay for the Products within 30 days; or
(b) must return them to Us as soon as possible. If so, you must keep the Products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the Products) and not use them before you return them to us.
6.9 If you do not return any Products (such as where you have not paid for them) we may collect the Products from you at your expense. We will try to contact you to let you know if we intend to do this.
- OUR REFUNDS POLICY
7.1 If you are contracting as a consumer, you may cancel a Contract at any time within 14 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.
7.2 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 (set out in section 8 below) 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 you will not have the right to cancel described above. 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.
7.3 To cancel a Contract, you must inform us (in writing) before the end of the 14 day cancellation period. If you send us a notice of cancellation by post and/or return Product(s) to us, we advise you to keep proof of postage. 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.
7.43 Details of your right to cancel are also provided in the Dispatch Confirmation.
7.5 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 (and no later than 14 days from when we receive the Products back from you, or 14 days after the day that you provide evidence that you have returned the products, or 14 days from when you told us of the cancellation if we have not yet delivered the Products). 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.
7.6 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
- QUALITY
8.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality, reasonably fit for all the purposes for which products of the kind are commonly supplied and complies with all relevant laws in England.
8.2 During the expected lifespan of the Product your legal rights entitle You to the following:
(a) Up to 30 days following delivery: if the Products are faulty, then You can get an immediate refund.
(b) up to six months following delivery: if the Products can’t be repaired or replaced, then You’re entitled to a full refund, in most cases.
(c) up to six years following delivery: if the Products do not last a reasonable length of time You may be entitled to some money back.
8.3 Please contact us, if you want:
(a) us to repair the Products;
(b) us to replace the Products;
(c) a price reduction; or
(d) to reject the Products and get a refund.
8.4 For more detailed information on Your rights and what You should expect from Us, You can visit the Citizens Advice website www.citizensadvice.uk or call 03454 040506.
8.5 When you return a Product to us 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.
9. LIABILITY
9.1 These terms and conditions do not exclude or limit our liability (if any) for:
(a) death or personal injury caused by our negligence;
(b) fraud;
(c) fraudulent misrepresentation; or
(d) any matter which it would be illegal for Us to exclude or attempt to exclude Our liability.
9.2 Our liability for losses you suffer as a result of us breaking our Contract is strictly limited to the purchase price of the Product you purchased.
9.3 If you are not acting as a consumer (i.e. you are buying from our site in the course of your business) then subject to sections 9.1 and 9.2, we shall not be liable to you for the following types of direct loss arising out of our breach of the Contract :
(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.
9.4 If you are not acting as a consumer (i.e. you are buying from our site in the course of your business) 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
- GENERAL
10.1 These Terms and Conditions are only available in English. No other languages will apply to these Terms and Conditions or any Contracts.
10.2 All Contracts will be governed by English law.
10.3 Any court proceedings must be taken at a court within England and Wales.
10.4 You may not transfer any of your rights under the Contract to any other person.
10.5 We may transfer any of our rights under the Contract to any person or ask any person to fulfil any aspect of it so long as the performance of the Contract is not affected.
10.6 Only you and us have any rights under the Contract. No other person shall have any rights under the Contract.
10.7 We may need to amend these Terms and Conditions from time to ensure we continue to comply with the law. In these circumstances, We will notify You by email and by displaying a notice on our site explaining the changes we are making. A copy of the latest version of the Terms and Conditions can be found on the site or is available on request from Us.
10.8 You may not use our (or members of our group’s) trademarks or intellectual property without our prior written consent.
10.9 We take responsibility for care of your data very seriously. Please see our privacy notice for information on how we process your data.
10.10 If You are a consumer then nothing in these Terms and Conditions will affect your statutory rights.
