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TERMS & CONDITIONS

INTRODUCTION


www.madeleine-thompson.com (the “Website”) is operated by Madeleine Thompson Limited (the "Company", “we”, “us” and “our”). The Company is a limited company registered in Hong Kong with company number 60466115-000-10-18-9,. Our registered office is 42 Sassoon Road, House 6, Hong Kong.

You may contact us at the above address and through the following means:

Email address: info@madeleine-thompson.com

These are the terms and conditions ("Terms") which govern your interaction with our Website and related services (including any applications which allow you to buy our products from us on mobile devices) ("Services"). In particular (but without limitation) these Terms apply to any invitation to treat, offer, sale and purchase of any products on our Website ("products"). Please read these terms and conditions carefully before using the Website or ordering any products. By using our Website, you agree to be bound by these terms and conditions.

These terms and conditions should be read alongside, and apply in addition to, our [Data Promise] (and the Cookies Policy it contains), which contains important information regarding how we use your personal data.

We reserve the right to change these terms and conditions from time to time by updating the version generally available on the Website. By accepting these terms and conditions you undertake to check, prior to each use of the Website, for any changes to these terms and conditions. Your continued use of the Website, after any such changes to these terms and conditions, will constitute your acceptance of these terms and conditions as amended.

Online dispute resolution according to Art. 14 (1) Regulation on consumer ODR: The European Commission provides a platform for online dispute resolutions, which can be accessed under http://ec.europa.eu/consumers/odr/

REGISTRATION

 


To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address info@madeleine-thompson.com. We may also change registration requirements from time to time.

The account password you provide should be unique and kept secure, and you must notify Madeleine Thompson Ltd immediately of any breach of security or unauthorised use of your account.

Please refer to our Privacy Policy for information about how we use your data.

ELIGIBILITY TO PURCHASE


In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct, and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the Madeleine Thompson terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Madeleine Thompson , whose applications are acceptable to Madeleine Thompson and who have authorised Madeleine Thompson to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise they purchase. Madeleine Thompson reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise you expressly authorise us to perform credit checks, and where Madeleine Thompson feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation, and to authorise individual purchase transactions.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

ORDERS


All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

Madeleine Thompson offers products for sale that are in stock and available for dispatch from our distribution centre.

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion, certain products that are in particularly high demand will sell out during this period.

Madeleine Thompson will store a record of your transactions for a minimum of one year.

CUSTOMER CARE


If you have any queries please email info@madeleine-thompson.com



PRICING POLICY

Prices shown on the Site are in GBP, Euros or USD. All prices and offers remain valid as advertised from time to time. The GBP, Euro or USD price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error.

Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.

If you are a customer whose credit/debit card is not denominated in Pounds Sterling, Euro or US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

Madeleine Thompson does not offer a price matching service.



ACCEPTANCE OF YOUR ORDER


Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and Madeleine Thompson will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

We may also refuse to process and therefore accept a transaction for any reason, or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

PAYMENT


Payment can be made by Visa, MasterCard, Visa Debit, Visa Delta, Electron, American Express, Discover and Diner Club cards. Payment will be debited and cleared from your account upon dispatch of your order by Madeleine Thompson. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Madeleine Thompson, we will not be liable for any delay or non-delivery.

We take reasonable care, insofar as it is in our power to do so, to keep the details of your order and payment secure. But in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

PROMOTION CODES


Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers unless otherwise stated, and must be redeemed by the date published, if provided. We reserve the right to cancel any orders placed using a promotional code not intended for the customer redeeming the code. For the 10% introductory discount for signing up to receive our emails, only one voucher can be redeemed per customer and delivery/billing address.

Promotion codes cannot be applied to a purchase after an order has been placed, they can only be used at the time of placing the order. Madeleine Thompson reserves the right to cancel, amend, nullify or alter any promotional activity, codes, or discounts running at any time and without prior notice.

OUTLET SALE


The Outlet Sale up to 50% off promotion is valid on the Madeleine Thompson website on selected lines only. All orders are subject to acceptance under Madeleine Thompson standard terms and conditions. This offer is not valid in conjunction with any other Madeleine Thompson offer, internet offer or delivery offer. The Outlet Sale is only valid while stocks last and is subject to availability. Madeleine Thompson reserves the right to cancel orders, modify or terminate the Outlet Sale at any time without notice. We will make every effort to deliver your order within the estimated time, however, please note this may take longer due to the high number of orders expected for this period.

INSURANCE AND DELIVERY


Madeleine Thompson insures each purchase 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 to you.

Estimated delivery times are to be used as a guide only and commence from the date of dispatch. Madeleine Thompson is not responsible for any delays caused by destination customs clearance processes.

In case of dispute, we 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 seven working days from the day after you receive you order, by email or post as described above, i.e. before requesting your RNA.

COLOURS


We have made every effort to display as accurately as possible the colours of our products that appear on Madeleine Thompson. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.

INTELLECTUAL PROPERTY RIGHTS


Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including Madeleine Thompson Software and all HTML, and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by Madeleine Thompson and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

CONTENT


In addition to the Intellectual Property rights mentioned above, "Content" is defined as any text, graphics, photographs, including all image rights, sounds, music, video, audio on this Site. Madeleine Thompson tries to ensure that the information on this site is accurate and complete. Madeleine Thompson does not promise that the Site 's Content is accurate or error-free. Madeleine Thompson does not promise that the functional aspects of the Site or Madeleine Thompson’'s Content will be error free or that this Site, Madeleine Thompson Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

Opinions expressed on Madeleine Thompson are the personal opinions of the authors and do not reflect the views of Madeleine Thompson . By posting you agree to be solely responsible for the content of all information you contribute. You also grant to Madeleine Thompson a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to 72 hours to be displayed, but Madeleine Thompson does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail info@madeleine-thompson. Madeleine Thompson reserves the right, at its sole discretion, not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libellous , incite hatred or violence, detrimental to people, institutions, religions, or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This Site is available to the public, information you consider confidential should not be posted to this site.

NO COMMERCIAL USE


This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

YOUR ACTIVITY


You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.

THIRD PARTY SITES


We may include hyperlinks on this Site to other websites or resources operated by parties other than Madeleine Thompson, including advertisers. Madeleine Thompson has not reviewed all of the sites linked to its Website and is not responsible for the content or accuracy of any off-site pages, nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

YOUR RIGHTS


You have certain rights under the law. In England these include:

That any products you order through this site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this site;
Certain remedies if a product is defective;
A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.
Nothing in the TOS is intended to affect these rights. For more information about your rights, contact your local Citizens Advice Bureau or Trading Standards Bureau.

LIMITS ON OUR LIABILITY


We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.

Nothing in the TOS is intended to affect your rights under the law. If Madeleine Thompson breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and Madeleine Thompson at the time of you placing your order, and Madeleine Thompson dispatching your order.

We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.

COMPENSATION


At our request, you agree to compensate us fully, defend us, and hold us Madeleine Thompson harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

OUR RELATIONSHIP


You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Madeleine Thompson as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Madeleine Thompson, and we shall not be liable for any representation, act, or omission on your part.

NO WAIVER


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

GOVERNING LAW


The TOS together with all our policies and procedures will be governed by and construed in accordance to the relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction.

SPECIAL OFFERS CONDITIONS


Madeleine Thompson special offers are only valid on the Madeleine Thompson website on selected lines only. Orders placed outside of the specified dates are not eligible for these offers, and the offers cannot be applied or transferred to any previous or subsequent orders placed outside of the period stated. All orders are subject to acceptance under Madeleine Thompson’s standard terms and conditions. The discount offered will be applied at checkout after the promotional code has been entered. Orders that are considered to be commercial may be excluded from these offers. The offers are only valid while stocks last and are subject to availability. The normal return policy applies to these offers. These offers are not valid in conjunction with any other Madeleine Thompson offer. Madeleine Thompson reserves the right to cancel orders, modify or terminate a promotion at any time without notice.

SALE ITEMS & PROMOTIONAL DISCOUNTS


Items that are included within our seasonal sales are subject to availability and are denoted by red text indicating the new, reduced retail price. We reserve the right to add and remove items included within the sale at our discretion, and to allocate items a different discount percentage.

REFUNDS ON DISCOUNTED ITEMS


If a promotional discount is applied to your order, the same discount will be applied to each product of your order that you return. You will only be refunded the amount that you originally paid for your order or any given product. When returning discounted products, the usual 14-day returns policy applies, please refer to our Delivery & Returns page for further details.