Terms and conditions
Please read all of these terms and conditions
*LAST UPDATED 9th July 2020*
As I can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are unsure about anything please phone me on 07969 905062
These Terms and Conditions will apply to the purchase of the Goods by you (the customer or you). I am Samantha Halliwell trading as Mimosa Soapery of 15 Beatrice Road, Margate, Kent CT9 5SN with email address: email@example.com and telephone 07969 905062 (the supplier or me or I)
These are the terms on which I sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the website, you will be asked to agree to these Terms and Conditions by clicking on the button marked "I Accept". If you do not click on the button you will not be able to complete your order. You can only purchase the Goods from the website of you are eligible to enter into a contract and are at least 18 years old.
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession
Contract means the legally binding agreement between you and me for the supply of the Goods
Delivery Location means the suppliers premises or other location where the Goods are to be supplied, as set out in the Order
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information and allows the unchanged reproduction of the information stored.
Goods means the goods advertised on the website that we supply to you of the number and description as set out in the order
Order means the Customers order for the Goods from the Supplier as submitted following the step by step process set out on the website
Website means my website www.mimosa-soapery.com on which the Goods are advertised
The description of the Goods is as set out in the Website. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied. This can be due to colour setting on the device that then website is viewed on as well as colour and size difference between individual batches of soap.
All Goods which appear on the Website are subject to availability
I can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. I will notify you of these changes.
I reserve the right to modify or discontinue the Service without notice at any time. Where possible changes to the Service will be notified to the Customer and in a timely manner.
I may contact you by using e-mail or other electronic communication methods and you expressly agree to this
Basis of Sale
The description of the Goods on my Website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, I can reject it for any reason, although I will try to tell you the reason why without delay
The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the sale of the Goods ordered only when you receive an email from me confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform me immediately of any errors. I am not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to me giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the contract, but in any event not later that the delivery of any Goods supplied under the Contract.
No variation of the Contract, whether about description of the Goods, Fees or otherwise can be made after it has been entered into unless the variation is agreed by the Customer and Supplier in writing
Payment and Price
The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as I may agree in writing.
You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
Prices for products are subject to change at any time and without notice. This may be in response to circumstances such as increase in prices of ingredients etc. I will try to keep price increases to a minimum and will try to provide timely notification of any likely price increases.
I will deliver the Goods to the Delivery Location buy the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more that 28 days after the day on which the Contract is entered into.
In any case, regardless of event beyond our control, if we do not deliver the Goods on time you can (in addition to other remedies) treat the Contract at an end if:
we have refused to deliver the Goods, or if a delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to me before the Contract was made that delivery on time was essential: or
after I have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and I have not delivered within that period
If you treat the Contract at an end, I will (in addition to other remedies) promptly return all payments made under the Contract
If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, I will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to me or allow me to collect them, from you and I will pay the costs for this.
I do not deliver to any addresses outside England, Wales, Scotland, Northern Ireland, Isle of Man and Channel Islands.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable examine the Goods before accepting them.
Risk and Title
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you
You do not own the Goods until I have received payment in full.
Withdrawal, returns and cancellation
You can withdraw the Order by telling me before the Contract is made, if you simply wish to change your mind without giving me a reason, and without incurring any liability
This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. The Cancellation Rights, however, do not apply to a contract for the following goods:
Sealed goods that are not suitable for return due to health protection of hygiene reasons if they become unsealed after delivery
Right to cancel
You have the right to cancel the Contract provided you notify me with a clear statement setting out your decision preferably by email as it is possible that Goods ordered will be delivered within 3-5 days of making the order. You have until the time of the dispatch notification to cancel the Contract. If you wish to cancel after this time then the Goods ordered must be returned to me in its original packing and unopened at your cost. When I have received the Goods back and checked them then payment will be returned to you. This clear statement can be via the Website or other social media means that I employ such as Instagram or Facebook.
I may make a deduction from any reimbursement for loss in value of Goods returned if they have been unnecessarily handled by you. This is because you were liable for that loss.
Timing of reimbursement
If I have not offered to collect the Goods, I will make the reimbursement without undue delay and not later than
a. 14 days after the day I receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods
If I have offered to collect the Goods I will make the reimbursement without undue delay, and not later that 14 days after the day on which I was informed about your decision to cancel this Contract.
I will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of the reimbursement.
If you have received Goods in connection with the Contract which you have cancelled, you must send the Goods back or hand them over to me at 15 Beatrice Road, Margate, Kent. CT9 5SN without delay and in any event not later than 14 days from the day on which you communicate to your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object
I have a legal duty to supply the Goods in comformity with the Contract, and will not have conformed if it does not meet the following obligation
Upon delivery the goods will:
be of satisfactory quality
be reasonably fit for the particular purpose that you purchase the Goods for
conform to their description
(It is not a failure to conform if the failure has its origin in your materials i.e. differences between colourants and how the soap cures etc)
Circumstances beyond the control of either party
In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable and
b. the party's obligation will be suspended so far as is reasonable, provided that the party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Consumers above rights relating to delivery and any right to cancel
The Supplier does not exclude liability for (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Suppliers other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Consumer is not buying the Goods for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
The Contract (including any non contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Consumer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland
I try to avoid any dispute so I deal with complaints proactively in the following way:
If a customer is not satisfied with their purchase then they should contact me in the first instance to find a solution. I will aim to respond with an appropriate solution within 5 working days
I reserve the right to make changes to these Terms and Conditions at any time and for any reason. I will alert you to any changes by updating the notification at the top of this page that is headed "Last Updated"
Privacy & Safety
Your privacy is critical to me. I respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
For the purposes of the Terms and Conditions:
a. Data Protection Laws means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR
b. GDPR means the General Data Protection Regulation (EU) 2016/679
c. Data Controller, Personal Data and Processing shall have the same meaning as in the GDPR
I receive, collect and store any information you enter onto the website or provide me in any other way. The website collects data on how many people visit the site and where they have come from i.e. Facebook, mobile or PC.
I also collect personally identifiable information (including your name, email and password etc) as well as payment details (including credit card details), comments, feedback, product reviews and recommendations. I collect this information for the following purposes:
to provide and operate the service
to provide ongoing customer assistance and technical support
to be able to contact you with general or personalised service related notices and promotional material
to comply with any applicable laws and regulations
Please be reassured that your personal information will be used for the specific reasons above only and will never be provided to a third party.
Mimosa-soapery.com is hosted on Wix.com platform. Your data may be stored through Wix.com as well and this is stored securely.
Cookies are used on this website for security and account related information. They do not track you when you leave the site and I never pass any information to any third parties. For more information on cookies please visit http://www.allaboutcookies.org
For any enquiries or complaints regarding data privacy you can email me at firstname.lastname@example.org
COPYRIGHT AND INTELLECTUAL PROPERTY
All images, text, product descriptions, scent descriptions and products are the property of Samantha Halliwell trading as Mimosa Soapery, unless otherwise stated. You may not duplicate, use or distribute any of this information without my express written consent. Consideration will always be given to legal action in cases of misuse of my intellectual property.
- Credit / Debit Cards
- Offline Payments