MILLAMIA

TERMS AND CONDITIONS

In General

Welcome to the MillaMia.com website ("MillaMia.com", "Site", "Website"). MillaMia Ltd., is a company registered under the Companies Acts (Company Number 6902548 and VAT number 971 3571 09) and trading as MillaMia ("MillaMia", "MillaMia Limited", "we", "us", "our"). MillaMia provide this Site as a service to our customers.

Our correspondence address is:
MillaMia, 136-144 New Kings Road,Fulham, London SW6 4LZ, UK

Our registered office address is:
MillaMia Limited, St James' House, Austenwood Common, Austenwood Lane, Gerrards Cross, Bucks SL9 8SGm UK

Access to and use of this Website and the products and services available through this website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. We reserve the right to update or modify these Terms of Service at any time without prior notice. Your use of the Website following any such changes constitutes your agreement to follow and be bound by the Terms of Service as changed. For this reason, we encourage you to review these Terms of Service whenever you use this Website.

Access to MillaMia.com is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website also contains links to other websites, which are not operated by MillaMia (the "Linked Sites"). MillaMia has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

The headings within these Terms of Service are for convenience only and shall not affect the interpretation of these Terms of Service.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. MillaMia will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

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 this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content made available to you on or through this Website remains the property of MillaMia or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by MillaMia and its licensors. For example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by MillaMia Limited, or by third parties who have licensed their materials to MillaMia Limited. The content of MillaMia.com, and the Site as a whole, are intended solely for the personal, noncommercial use by the users of our Site.

You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by MillaMia or its licensors. MillaMia, Naturally Soft Merino and Colour Tool are trade marks belonging to MillaMia. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of MillaMia.

MillaMia Community Areas

  1. Registration

    MillaMia reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupts any of our services in any way.

    If you use multiple logins for the purpose of disrupting the community you may have action taken against all of your accounts.

  2. Submission of material

    By submitting any material to us, you automatically grant MillaMia the royalty-free, perpetual, exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also acknowledge that MillaMia is not obliged to publish any material submitted by you on any MillaMia publication.

    We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified).
    In certain circumstances MillaMia may also share your contribution with trusted third parties.

    By submitting any material to us, you agree to use the MillaMia Community areas in accordance with these Terms and Conditions.

  3. Failure to comply

    If you fail to abide by these Community Rules you may be sent an email which informs you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts.

    This action may include any content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate in any or all areas of MillaMia.

    MillaMia reserves the right to delete any contribution, or take action against any MillaMia account, at any time, for any reason.

    If you do not want to grant MillaMia the permission set out above on these terms, please do not submit or share your contribution on the Community website.

How to order:

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
In order to enter into a contract to purchase products from us, you will need to take the following steps:

  1. You must add the products you wish to purchase to your shopping bag, and then proceed to the checkout
  2. If you are a new customer, you must register to create an account with us and log in; if you are an existing customer, you must enter your login details
  3. Once you are logged in, you must select where you wish your goods to be delivered to and confirm your billing address where you would like us to send your invoice
  4. You will then be asked to confirm your order
  5. You will be transferred to the Worldpay website, and Worldpay will handle your payment
  6. Once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

Terms of sale

In order to contract with MillaMia you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. MillaMia retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

By placing an order with us you will be deemed to have read, understood and agreed to these Terms of Service. By placing an order via this website you are making an offer to MillaMia to purchase the goods detailed in your order upon the terms described in your order.

Once you have placed an order we will send you a confirmation that your order has been received but this is not a confirmation that your offer to purchase the goods has been accepted. A contract between you and MillaMia for the sale of our products will only exist once an order has been accepted, processed and despatched to you.

Your credit/debit card will be authorised when your order is placed and processed but you will not be charged for the value of the goods until the point that they are despatched to you. This does not affect your statutory rights.

All contracts of sale made by MillaMia shall be deemed to incorporate these terms of service, which shall prevail over any other terms from the party ("the Customer") with whom MillaMia is dealing. If you are unhappy with any aspect of these terms, then you should contact one of our customer service advisors before placing an order with us either by telephone on 08450 17 74 74 or by email at info@MillaMia.com or by post using the address given below.

All orders are subject to acceptance and to availability of the goods ordered: MillaMia is entitled to refuse any order placed by you.

Please note, MillaMia may record and / or monitor inbound and outbound calls and electronic traffic for training purposes.

Standard Payment Terms

MillaMia's standard terms of payment for sales from www.MillaMia.com are pay before delivery, and these terms will apply except in the case of transactions where different terms are agreed in writing.

Product Specification

MillaMia makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions, specifications and, in the case of bulk items, quantities, without prior notice.

If MillaMia cannot supply the goods ordered by the Customer, MillaMia reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to MillaMia in respect of that order. This shall be the sole remedy of the Customer in these circumstances.

Returns Policy

Please Note: All written correspondence and packages relating to returns should be addressed to:

MillaMia, New Kings House, 136-144 New Kings Road, London SW6 4LZ, UK

MillaMia is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.

Subject to the right of consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000, MillaMia does not sell products on a trial basis. Customers are strongly advised to check suitability of products before ordering.

In the event that MillaMia, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply), agrees to accept the return for credit of unwanted products, the goods must be returned with MillaMia's prior written agreement within 7 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances will be subject to a handling fee of 15% of MillaMia's sale price for the goods.

Subject to testing to verify any defect, we will accept the return of defective item for full refund or replacement at our option, if, but only if, the goods are returned within 7 days of delivery.

(a) MillaMia's Customer Service staff, as appropriate, will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection, or request that you return the product directly to us at MillaMia, Studio 11, 32 Bolton Gardens, London SW5 0AQ, UK. If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you.

(b) All returned goods must be accompanied by MillaMia's Returns Authorisation number ('RA Number') which can be obtained by contacting Customer Support on 08450 17 74 74, or e-mailing info@MillaMia.com. Returned goods will not be accepted without an order Number found on the despatch note. Do not write directly on the manufacturer's packaging. Please write the order number on the address label of the returned package. Any defacement of the manufacturer's packaging or damage caused by inadequate packaging may result in the rejection of the return or an additional restocking fee, at MillaMia's sole discretion.

(c) MillaMia cannot accept liability for packages damaged during transit. It is the Customer's responsibility to wrap the product adequately to prevent damage.

(d) Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.

(e) On receipt of the returned product, we will examine it to identify the fault you have notified to us.

(f) If following the examination process, the product is found to be in good order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with a replacement product before completion of the testing process, you will have to pay for this product also.

Proprietors Address

MillaMia Limited, Studio 11, 32 Bolton Gardens, London SW5 0AQ, UK

Special Rules

Clearance Bargains & Non-Current Catalogue Requests ('NCCR') Products.

Goods sold as 'Special Offers' may be downgraded goods that MillaMia is able to offer at a discount on the normal price. Stocks of goods offered as Special Offers are limited and such goods are sold subject to the following special rules. These special rules apply in addition to, and in the event of any conflict override, all of MillaMia's other terms of service.

MillaMia makes every effort to ensure that Special Offers are sold on a 'first come, first served basis'. However, the customer accepts that the goods may for some reason become unavailable at any time prior to delivery, in which case MillaMia reserves the right to rescind the contract. In the event of the cancellation of the sale in these circumstances, MillaMia's liability is limited to the return of the purchase price paid by the customer.

(a) Products are non-returnable unless we have made an error or the goods are faulty;

(b) quoted prices are valid for 14 days only, and

(c) quoted prices are not subject to value, cash or volume discounts.

Pricing Policy and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Prices shown on the Website are in GBP and are inclusive of VAT at the applicable rate. Product prices are set at the beginning of each season. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from the courier used or an import broker appointed by you, We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.

If you are a customer whose credit card is not denominated in Sterling GBP, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost including P&P'.

Cancellation/Fraud Policy

In an effort to protect our customers, all orders placed at MillaMia.com are screened and security checked for fraud. We advise you to include a valid telephone number and email address with your order so we can contact you if we need you to confirm its authenticity. All checks are made for the security and safe shopping of our customers. We may ask you to confirm certain elements of your order which may include the billing or delivery address. Although it is rare that it would be necessary for us to cancel an order, we reserve the right to refuse any orders from a customer where the following situations are applicable:

  • Incorrect credit/debit card number, expiration date or security code.
  • Incorrect billing information (billing information you provide is different from information your credit card company/ bank has on record).
  • Insufficient/incorrect shipping address (street, town/city, county or postal code).
  • Fraudulent information.

We may cancel any order if fraudulent activity is suspected and may refuse to process subsequent orders from customers with a previous fraudulent order history. If we are unable to contact you via the telephone number or email address you provided with your order within 3 days we reserve the right to cancel your order. (In this circumstance; a full refund will be actioned to the original payment method).

  • The sale of your order will appear on your credit card statement
  • We reserve the right to request additional proof of billing information.
  • If you think the amount of a sale related to an order at MillaMia.com is incorrect, please email us at info@MillaMia.com or call us on (+44) 08450 17 74 74

Cancellation of orders by business to business customers is not accepted as many orders are dispatched on the same day the order is placed. Cancellation of orders by consumers can only be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000.

Payment

We accept payment from Visa, Visa Electron, Mastercard, Maestro, Switch, Solo, Delta. We employ WorldPay to handle these transactions and do not take or store any credit or debit card details ourselves. Please see WorldPay's terms and conditions here:

Delivery Information, Title and Risk

Dispatch times may vary according to availability and any time or date stated for delivery is an estimate only. At MillaMia we aim to offer an efficient delivery from dispatch, and while MillaMia makes every effort to dispatch goods on time, but does not accept liability for failure to deliver within the stated time.

Goods are shipped using a variety of couriers and agents such as the Royal Mail. The method of delivery used will vary depending on the option selected by the Customer during the Checkout process and according to the nature of the item/items ordered and the delivery destination. Please see our Delivery Information for more details.

For post sent with Royal Mail, we cannot specify a time of delivery nor can you request any special instructions.

If an item is sent to an address that you specified when ordering which turns out to be incorrect, we are not liable if this item does not reach you. MillaMia cannot be accountable for any delays incurred whilst in transit with Royal Mail. Any orders placed over the weekend or on a bank holiday will not be dispatched until the next working day. Please note that MillaMia will not be responsible for any import duties incurred on international orders.

If MillaMia is unable to deliver the goods within 30 days of the date of the order, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to MillaMia in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to MillaMia after the above date but before delivery of the goods or notification from MillaMia that the goods are ready for delivery.

MillaMia does not accept liability for shortages or damage to deliveries unless the Customer notifies MillaMia of the shortage or damage in writing within 7 days of receipt of the delivery.

The Customer has to accept the goods when they are ready for delivery.

Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.

Title in the goods does not pass to the Customer until payment is received in full by MillaMia.

If the Customer cannot accept delivery, MillaMia may at its option:

(a) store and insure the goods at the Customer's expense and risk or

(b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or

(c) re-arrange delivery provided that MillaMia may charge the Customer for the additional delivery costs incurred.
The Customer may request a Proof of Delivery, provided that this request is made in writing within 3 months of the date of delivery and MillaMia shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.

Colours

We have done our best to display as accurately as possible the colours of the products shown on the MillaMia.com Website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

Correction of Errors and Inaccuracies

The information on the MillaMia.com Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your MillaMia.com purchase you may return it according to the conditions specified in our Return Policy. Please see our Return Policy. (top)

Typographical Errors

In the event a MillaMia.com product is listed at an incorrect price due to typographical error or systems error, MillaMia.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. MillaMia.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, MillaMia.com shall issue a payment to your credit card account in the amount of the incorrect price.

Discount Codes

  1. Account discount codes - Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
  2. Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.

Gift Vouchers

  1. Gift vouchers are only valid for a limited time and the voucher must be used by the date shown on the voucher - check your voucher to find out when to use it by.
  2. We're afraid we can't accept any responsibility for stolen or deleted gift vouchers.

  3. We'll despatch your gift voucher either as soon as payment has been cleared or on your specified delivery date (if this is later). We're afraid we can't be responsible for any delays, no matter how they are caused.
  4. If you are the purchaser, please double check the delivery email address you enter - it is your responsibility to do so and we’re afraid we can't be held responsible if a gift voucher is used by someone other than your recipient if the email address entered is incorrect.
    In addition, we can't take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe.
  5. From time to time, gift vouchers may get caught in pesky spam filters, and it's up to the recipient to check these filters. We can't take responsibility if a gift voucher cannot be delivered to the recipient's email address because of spam filters, firewalls, the capacity of the recipient's mailbox or any other factors outside of our control.
  6. If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, or a combination of the two).
  7. As you'd expect, we reserve the right to vary these terms and conditions.

The conditions of use relating to any discount code will be specified at the time of issue.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law MillaMia and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect MillaMia's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright.

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with MillaMia and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to MillaMia.

Indemnity

You agree to indemnify, defend and hold harmless MillaMia, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

MillaMia shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by sending an email to info@MillaMia.com putting 'complaint' in the subject line.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and MillaMia. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of MillaMia.