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Life's little luxuries

Terms Of Sale

1. Terms of Sale

Please read the following terms of sale (the "Terms of Sale") carefully before purchasing any goods or service on the chezmlain.com website (the "Website"). By purchasing any goods or service using this Website, you agree to be bound by these Terms of Sale. We may change our Terms of Sale from time to time. We recommend you to check the latest version of the Terms of Sale whenever you place an order. The goods and services available on the Website are offered for sale by Chez M’Lain BV, a limited company registered in The Netherlands. Our registered office is at 17 Henri Dunantlaan, 9728HA Groningen. In these Terms of Sale the terms "we", "us" and "our" refer to Chez M'Lain and "you" refers to you, the user of the Website.

2. Eligibility to purchase goods

When make purchases through the Website, you will be required to provide certain information including your name, phone number and e-mail address. You will also be required to provide valid details of a credit or debit card (or such other payment mechanism as is permitted by these Terms of Sale) which you are legally entitled to use. We reserve the right to request additional evidence or proof of billing information where we think this is necessary. You warrant that all information you provide to us at any time is true, accurate and complete. All personal information that you provide when using the Website will be used in accordance with our Privacy Notice and applicable laws. By placing an order through this Website you warrant that you are at least eighteen (18) years old and that you are capable of entering into legally binding contracts. We will deliver goods to addresses worldwide.

3. Shopping Bag and Wish List

The Shopping Bag holds the goods you have selected to purchase while you shop. Goods you place in your Shopping Bag will remain there until you purchase them, remove them or move them to your Wish List. They will remain there even after you leave the Website unless they go out of stock before you complete your purchase in which case they will be automatically removed from your Shopping Bag. Your Wish List allows you to store details of goods that you are thinking about buying. This feature saves your selections even after you leave the Website, making it easy to relocate and purchase your favorite goods in the future. Goods will remain in your Wish List until they are moved to your Shopping Bag or removed. Please note that goods in your Shopping Bag or on your Wish List are not reserved for you, and they will be available for purchase by other customers until you have submitted and we have confirmed your order for them in accordance with these Terms of Sale.

4. Making a purchase

In order to purchase the goods using this Website, you must add it to your Shopping Bag and then indicate that you wish to purchase that goods by proceeding to the Checkout section of the Website and entering the relevant information where instructed. You will be provided with an opportunity to review your order, check the total price of your order and the information you have provided and correct any input errors before confirming your purchase. Finally you will have to confirm that you have read and agree with these Terms of Sale. Once you have submitted your order, we will send an email to the email address you have provided acknowledging receipt of your order and setting out details of the ordered good(s). This email does not constitute an acceptance of your order – only a confirmation that we have received it. You are encouraged to download, save or print a copy of your order confirmation and the Terms of Sale for your records. Once we have acknowledged receipt of your order, we will check that we have your good(s) in stock and where applicable, deduct payment from your chosen payment method. Your credit or debit card will not be charged until your order is ready for delivery. We reserve the right at any time after receipt of your order to accept or decline your order, or any part thereof, in our sole discretion, even after your receipt of an order confirmation or after your chosen payment method has been charged (subject to our refunding the payment to you). You may not purchase any goods from this Website for resale by you or any other person. Goods will only be sold in quantities that are compatible with your own personal use of such goods. We reserve the right to restrict the quantities of any good being ordered by any one person or being delivered to any one address. We shall be entitled to cancel any order placed by you that we believe has been made for the purpose of resale. In such event we reserve the right to refuse or cancel all subsequent orders from you. We also reserve the right to reject orders from any customer with whom we have an ongoing legal dispute regarding a prior order. We may cancel any order if we suspect any fraudulent activity and may refuse to process orders from customers with a previous fraudulent order history. The contract between us will only be concluded when we email you to confirm that the good(s) have been dispatched. The contract for your order will be concluded in the Netherlands, and the language of the contract will be English. When we e-mail you the confirmation that your good(s) have been dispatched we will attach an electronic invoice in respect of your order. Please note that we do not issue paper invoices.

5. Goods on this Website

In the event that a good you have ordered is unavailable, we will inform you of this within seven (7) days of receiving your order. We will, where possible give you the option to order a different good of the same type or alternatively, to cancel your order. Should you opt to cancel your order no charge will be made to your credit card and, in the event that your debit card has already been charged, a full refund will be made. We have made every effort to display the colours and textiles of our goods that appear on the Website as accurately as possible; however, as computer monitors vary, we cannot guarantee that goods will be exactly as depicted on the Website. The information on this Website does not constitute a binding offer to sell goods described on the Website or to make such goods available in your area.

6. Customize

For Customizing goods, you can submit a combination of monogram letters and change the colour of the goods, the embroidery or even design your own goods . This option is only available for some products. While we honour most Customize goods requests, we cannot honour all of them. Some may contain material that we consider inappropriate or simply do not want to place on our goods. If your request is, in our sole opinion, unacceptable, your order may be rejected or your purchase may be cancelled at a later stage – in which event, you will be notified by e-mail. Whilst we have the right to decline your request to personalise our goods, you acknowledge that you are solely responsible for any request you make. You warrant that you have the right to make your request and that customizing our goods in accordance with your request shall not infringe the rights of any third party. You agree that you will have no (intellectual property) rights in your personalization. To the extent any intellectual property rights exist in your personalization these rights shall vest in us. To the extent such transfer is not valid, you grant to us an exclusive, perpetual, royalty free license to use your personalization in the widest sense of the word, including but not limited to copy, edit, modify, publicly display, digitize, reproduce and distribute, and to sublicense (parts of) this right as we see fit. You agree and understand that you shall have no claim against us or any other party in the event a personalization identical or similar to yours is used or designed by any person. Your personalization qualifies as what we call "materials". 

7. Changes to Orders

Once you place an order at the Website, there is a limited period of time before your order is fully processed during which you will be able to cancel your order. This option does not apply to all goods. If the cancellation option is available, you will find a button next to your order on the order tracking page. This option does not apply to Customized goods. All goods on this Website are offered subject to availability. In the event that a good you have ordered is unavailable, we will inform you of this within seven (7) days of receiving your order. We will, where possible give you the option to order a different good of the same type or alternatively, to cancel your order. Should you opt to cancel your order no charge will be made to your credit card and, in the event that your debit card has already been charged, a full refund will be made.

8. Prices

All prices shown on this Website are in US dollars and are inclusive of VAT at the applicable rate. All prices are applicable to purchases made worldwide. The price of goods ordered using the Customize goods service will vary. The method of calculating the price of your goods and the final price will be confirmed to you before we ask you to confirm your order. Delivery charges are calculated in accordance with the Delivery Policy available on the Website. You will be shown the charges for delivering your order before we ask you to confirm your order. From time to time we may offer certain promotions for eligible purchases or eligible customers. Please ensure that you enter any applicable Promotional Code on the Payment page or the Review Your Order page. If your Promotional Code qualifies, your deduction will be displayed in the payment summary. Only one Promotional Code per order will be accepted. Please note that we reserve the right to cancel orders in the event that an unauthorized Promotional Code is used. A Promotional Code cannot be applied retrospectively to orders that have already been placed or to goods that have already been delivered. If an error is discovered in the price of your goods prior to our dispatching them to you, we will: (i) where the correct price is lower, refund you the difference or reduce the balance of the price payable to us; or, (ii) where the correct price is higher, contact you and offer you the option to either confirm your order at the correct price or cancel your order. We do not have to provide the goods to you at a lower price where we have made a pricing error.

9. Methods of Payment

Full payment is required before an order can be dispatched to you. We accept the following methods of payment:

Maestro UK, Solo, Visa Electron, Visa Debit, Visa Credit, Mastercard Debit Card, Mastercard Credit Card, PayPal®, Chez M'Lain Gift cards and Online gift certificates, if applicable.

In the event that the sum due from you for your order cannot be debited or charged for whatever reason, your order will be cancelled. By making an offer to purchase goods through our Website, you authorize us to perform credit and anti-fraud checks on you and the payment mechanism that you have provided. These checks may be required, amongst other things, to authenticate your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorization and/or to authorize individual purchases. You authorize us to disclose information provided by you, including personal information, to third parties such as banks and the providers of credit reports for the purposes of these checks, and acknowledge that such parties may keep a record of that information. You further agree and acknowledge that we may make the information we receive from such checks available to third parties including fraud prevention and credit reference agencies. We reserve the right to put in place additional payment security systems from time to time. For your convenience, your credit or debit card information can be stored in Your Account. For more information, see our Privacy Notice. For added security, the billing address you provide must exactly match the address on file at your debit or credit card. The processing of your order may be delayed if these addresses are different. We will prosecute to the fullest extent of the law any fraudulent activities relating to any attempt to reverse or seeK a refund of a valid charge for an order that has been properly fulfilled and delivered to you and is not subject to a right of return.

10. Order Tracking and Delivery

Once your order has been confirmed, we endeavor to dispatch purchases within eight (8) to ten (10) weeks of confirming of your order (working days exclude Saturdays, Sundays and Public holidays), and to deliver your order in accordance with the timescales set out in our Delivery Policy. Each item we sell is hand made to order and all production times vary per product but we endeavor to produce and dispatch each item in line with the stated production time stated on the website. Stated delivery times are estimates only, and are measured from the date of dispatch. Each address you instruct us to deliver to, including gift-recipient addresses, is considered a separate order and is subject to applicable delivery charges. Personalizing a good requires additional processing time for your entire order, and all orders that include Customize goods may take longer to deliver. Once your order is placed, we will send an e-mail confirming the details of your order and the selected delivery method. We will email you a confirmation once your order is ready for dispatch. We require a signature for all goods delivered using this Website. All responsibility and risk for the goods you have purchased through this Website passes to you on delivery. In the event that you have purchased a good as a gift for a third party you agree that signature by a person at the stated delivery address is proof of fulfilment of your order. For security reasons, Chez M'Lain cannot ship any order to Post Office Boxes (including British Forces Post Office) or accept any order where it is impossible to identify the individual delivery address.

11. Cancelling your Order

You may cancel your order at any time within 24 hours of ordering by e-mailing us at info@chezmlain.com

12. Returns and Exchanges

If you wish to return or exchange your goods, please see our Returns Policy. This Return Policy does not affect

your statutory rights.

13. Additional Provisions relating to Cancellations, Returns and Exchanges

You may not cancel, return or exchange any order for bespoke, customized goods once your order has been placed. We may refuse returns where goods are soiled or the adhesive strip has been removed. All returns will be credited back to the original payment type. Please note that if you return goods to us without a return card and it is not possible to verify the price you paid for the goods, we will refund you the last known value of the returned goods. For more information, see our Returns Policy.

14. Customer Assistance

If you have any questions, comments or complaints about the goods you have ordered, please contact us at:

Chez M’Lain - Central Europe
17 Henri Dunantlaan
Groningen, Netherlands – 9728HA
Phone: +31-5036-43817
info@chezmlain.com

15. Limitation of Liability

These Terms of Sale set out the full extent of our obligations and liabilities in respect of the supply of the goods through the Website. Any warranty, condition or other term arising out of or in connection with the sale or supply of goods which might otherwise be implied into or incorporated in these Terms of Sale by statute, common law or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. Please note that nothing in these Terms of Sale affects your statutory rights as a consumer.

16. Governing Law and Jurisdiction

These Terms of Sale shall be governed and construed in accordance with Dutch law. Disputes arising under or in connection with these Terms of Sale (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the Dutch courts.

Thank you for shopping at www.chezmlain.com