These terms and conditions (“Terms”) are the terms on which we make our website www.maleneoddershedebach.com (referred to below as the “Website”) available to consumers. Please read these Terms carefully before you start to use the Website. By using the Website you confirm that you accept these Terms and you should not use the Website if you do not agree to them. You should keep a copy of these Terms for future reference.
THE USE OF THE WEBSITE
Registration, Passwords and Security
If you register an account with us, you are responsible for keeping your password and user name confidential and for all activities that are carried out using them. You agree to notify us immediately by email to firstname.lastname@example.org if you become aware of or suspect any unauthorised use of your password or user name.
Your promises to us
You confirm that:
- all information and details provided by you to us are true, accurate and up to date in all respects. You can update or correct your personal details at any time by amending your account details within your registered account; and
- you will comply with the restrictions on your use of the Website as set out in these Terms.
You agree that in using the Website you will not:
- use the Website for any unlawful purpose or in any way that interrupts, damages, impairs or renders the Website less efficient;
- access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Website security measures;
You agree to compensate us fully if:
- a claim or legal proceeding is brought against us by any other person as a result of your breach of these Terms; and/or
you have acted negligently, recklessly or in a deliberately harmful way and we have suffered losses as a result of your use of the Website or any content you have submitted to us.
Rights granted and rights reserved
We reserve the right to suspend, restrict or terminate access to the Website or any part of it at any time without notice. We endeavour to ensure that the Website is always available but do not guarantee that it will be available uninterrupted or error free.
We are the owner or the licensee of all Website design, text, graphics and software. Malene Oddershede Bach is a registered trade marks of Malene Oddershede Bach Ltd. Other trade marks and logos shown on the Website are either owned by Malene Oddershede Bach Ltd or a third party. Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights or the intellectual property of third parties.
You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the web pages or materials on the Website or the computer codes of elements comprising the Website other than for your own personal use. Subject to the above, you may download insubstantial excerpts of this content for the purpose of viewing it, provided that no more than one copy of any information is made.
Any use other than that permitted may only be undertaken with our prior express authorisation.
Links to and from other Websites
You may link to our home page provided that you do so in a fair and legal way and not in a way that may damage or takes advantage of our reputation or that suggests any form of association, approval or endorsement on our part.
You may not frame our Website nor may you create a link to any part of our Website other than the home page unless we give you written permission (which we may withdraw at any time).
Where our Website contains links to other websites provided by third parties, these links are provided for your information only and do not constitute an endorsement by us of those sites. We have no control over the contents of those sites, and accept no responsibility for them or any loss or damage that may arise from your use of them.
About the information on this Website
We aim to update our Website regularly, and may change the content at any time. Any of the material on our Website may be out of date at any given time and we are under no obligation to update this material.
All handling of personal information and data collection obtained through the website is processed in accordance with local law and will not be sold to third parties.
The ordering process and order confirmations
Your order constitutes an offer to us to buy the relevant product. All orders are subject to availability and to acceptance by us. We will send you an email acknowledging receipt of your order. Please note that this does not constitute acceptance by us. The contract for purchase of the product is only formed when we send you an email confirming the dispatch of your order shipment.
We reserve the right not to accept an order for any reason (including, but not limited to, where we have not been able to obtain authorisation for payment, shipping restrictions apply or a product is out of stock).
Prices and payment
The price of a product shall be as stated on this website at the time you place your order except in the case of obvious error. Our prices may change at any time but price changes will not affect orders we have confirmed with you. If the price of a product is obviously wrong, we will not be obliged to provide the product to you at that price.
Customers have the option to view pricing in GBP. Prices shown are inclusive of UK VAT (where applicable) at the current rate. If the country of shipment is outside the UK but within the EU and dependent territories prices will be shown inclusive of VAT.
At the time of checkout, all other countries are shown a price excluding VAT prior to purchase as no VAT will be due on these orders.
Prices shown are exclusive of any customs duty charges, which can be incurred at the time of arriving in the destination country.
We accept payment by the following debit or credit cards only: Mastercard, Visa, Visa Electron, UK Maestro. Payment will be debited from your account at the time the order is submitted to us online.
You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
Payment security and data collection
All transactions are handled by Europe’s leading independent payment service provider and Payment Card Industry Data Security Standards (PCI DSS) authorised Sage Pay. Please see the following for Sage Pay’s security policy:
All transaction information passed between merchant sites and Sage Pay’s systems is encrypted using 128-bit SSL certificates. No cardholder information is ever passed unencrypted and any messages sent to your servers from Sage Pay are signed using MD5 hashing to prevent tampering. You can be completely assured that nothing you pass to Sage Pay’s servers can be examined, used or modified by any third parties attempting to gain access to sensitive information.
Encryption and Data Storage
Once on our systems, all sensitive data is secured using the same internationally recognised 256-bit encryption standards used by, among others, the US Government. The encryption keys are held on state-of-the-art, tamper proof systems in the same family as those used to secure VeriSign’s Global Root certificate, making them all but impossible to extract. The data we hold is extremely secure and we are regularly audited by the banks and banking authorities to ensure it remains so.
Sage Pay’s systems are scanned quarterly by Trustwave which are an independent Qualified Security Assessor (QSA) and an Approved Scanning Vendor (ASV) for the payment card brands.
Sage pay is also audited annually under the Payment Card Industry Data Security Standards (PCI DSS) and is a fully approved Level 1 payment services provider, which is the highest level of compliance. We are also active members of the PCI Security Standards Council (SSC) that defines card industry global regulation.
Links to banks
Sage Pay has multiple private links into the banking network that are completely separate from the Internet and which do not cross any publicly accessible networks. Any cardholder information sent to the banks and any authorisation message coming back is secure and cannot be tampered with.
Sage Pay is controlled by Iris Scanners, which are the latest and most precise biometric security devices available for identification. As used by; chemical plants, airports, police stations, prisons and other facilities where security is paramount. No one can enter or leave the building without a valid security pass.
All employees at Sage Pay are Criminal Records Bureau (CRB) checked prior to employment and no unauthorized individual has access to or is able to decrypt transaction information or cardholder data. Our systems only allow access to our most senior staff and only in extenuating circumstances (such as investigations of Card Fraud by the Police). All transaction information and customer card information is secure even from our own employees.
Sage Pay operates on twin data centres to ensure optimal system security and up-time and has a full disaster recovery and business continuation policy.
Insurance and Delivery
Malene Oddershede Bach Ltd insures each order during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes on to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment of the order, and transfer of responsibility in the same way.
We aim to dispatch all orders within 48 business hours. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. Prices do not include customs duty fees. Malene Oddershede Bach Ltd is not responsible for any delays caused by the destination customs clearance processes.
Returns and Exchanges
Cancelling Your Order Under the Distance Selling Regulations
If you are based in the EU, under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs), you have the right to cancel your order with us provided you give us written notice. Notice can be given any time after your order has been placed, up until 7 working days from the day after you received you order. Notice of contract cancellation under the DSRs must be given in writing and sent to: MaleneOddershedeBach.com, Customer Care, Bernard Works, Bernard Road, London N15 4NE, United Kingdom; or by email to: email@example.com
For orders cancelled under the DSRs, we will issue you with a full refund including the shipping cost. However, you will need to return the entire order to us by secure means to ensure it reaches us in good condition, at your own cost. Cancelled orders should be returned to: MaleneOddershedeBach.com, Customer Care, Bernard Works, Bernard Road, London N15 4NE, United Kingdom. All items must be returned unused and in their original condition, from the original delivery country.
We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our warehouse. In case of dispute, we also recommend you retain proof of sending. Refunds will be issued within 30 days of us receiving your cancellation notice. If we do not receive the cancelled order back, we will arrange to have it collected from you at your cost.
Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation any time after your order has been placed, up until 7 working days from the day after you receive you order, by email or post as described above.
Our free collections service (see below) is not available for orders cancelled under the DSRs.
Returns and Exchanges Using our Free Collection Service
As an alternative to using your rights under the DSRs, you may prefer to return or exchange items using our free returns and exchanges collection service. You must request your Returns Merchandise Authorization (RMA) number within 14 days of order receipt and return your unwanted items within 14 days of receiving your RMA number, for a refund of the value of the item only, or an exchange for the same item in a different size, based on stock availability. If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately.
The 14 days notice begins on the day after you receive your product and respectively, the day after receiving your RMA number.
Please refer to our Returns & Exchanges instructions and Returns Policy for further information. Shipping is complementary on the replacement item, but exchanges made to destinations outside of the UK will be processed for customs clearance and therefore any relevant import duty and tax charges will apply.
Please note our free collection service is not available for orders cancelled under the DSRs.
We will refund the purchase price of products returned and our lowest delivery charge relevant to you within fourteen days (beginning on the day after the day we receive the products back from you) We will not refund the cost of returning products to us outside of our free collection service.
Please note that if you fail to take care of returned products, or fail to return the product to us, we will be entitled to reduce the amount we refund to you to take into account the reduction in value of the product or to withhold the refund.
Return of faulty products
If a product is of an unsatisfactory quality or does not meet the description given on the Website at the time you placed your order, please contact us as soon as possible on firstname.lastname@example.org. Upon return, if we confirm unsatisfactory quality, we will refund the purchase price, delivery charge and any reasonable costs you incur in returning it to us.
OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY
You have certain rights under the law. These include:
- that any products supplied by us will be of satisfactory quality, fit for their intended purpose, and
will conform to any description given on this Website;
- certain remedies if a product is defective; and
- a right to cancel your order within fourteen days (as set out above).
Nothing in these Terms is intended to affect these rights. For more information about your legal rights in the UK contact your local Citizens Advice Bureau or Trading Standards Office.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images indicated on our website.
We are not responsible for losses and damage that you might suffer which are:
- not caused by our breach of these Terms;
- a side effect of the main loss or damage and which are not reasonably foreseeable by you and us when you begin to use the Website;
- a result of our failure to provide the Website (or any part of it) or withdrawal of products from the Website or a result of our refusal to accept an order for any reason;
- a result of your user name and password being used by someone else or any unauthorised access to your personal information (unless this is due to our negligence);
- caused by a distributed denial-of-service attack, virus or other technologically harmful material that may affect your computer equipment, programs, data or other material due to your use of the Website (including your downloading any content from the Website or any website linked to it);
- failure to meet any of our obligations where we are prevented from doing so by events beyond our control.
Our total liability to you for any loss or damage arising in connection to this Agreement will be limited to 150% of the value of products purchased by you. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law. Nothing in any warranty given in this clause affects your statutory rights.
We do not exclude liability for death or personal injury caused by our negligence or that of our employees and agents or for fraud.
We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of our Terms. Any changes are effective immediately upon posting to the Website. By continuing to use the Website you accept the version of the Terms current at the time of your use. Changes to these Terms will not affect any order from you that we have already accepted.
We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
We reserve the right to refuse to supply products to any person for any reason whatsoever, to withdraw any products from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any products from this Website whether or not such products have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms to another other legal entity. You agree that we may do so provided that:
- this will not adversely affect the standard of the products or the service you receive under these Terms; and
- in the case of transfer only, after we notify you of the date on which we will transfer our rights and obligations under these Terms to another legal entity, your only rights under or in connection with these Terms will be against the new legal entity and not against us.
These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else without our written consent. These Terms are not intended to give rights to anyone except you and us.
We will do our best to resolve any disputes over these Terms. Your use of this Website and any purchase by you from maleneoddershedebach.com outside of the European Union shall be governed by English law and you hereto submit to the exclusive jurisdiction of the English courts. If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
If you have any questions regarding these Terms, please contact us by email at email@example.com. If we need to notify you under these Terms, we will do so by email to the email address, which you have given to us.
These Terms are only available in the English language.
These Terms were last updated on 30th November, 2015.
INFORMATION ABOUT US
We are Malene Oddershede Bach Ltd, a company registered in England and Wales under registration number 08478065. Our registered address is Bernard Works, Bernard Road, London N15 4NE, United Kingdom. Our VAT number is 126 8105 27.
If you have any questions, complaints or comments about this Website then please contact us on firstname.lastname@example.org.