If you have any concerns about material which appears on the Site or our products, please contact firstname.lastname@example.org.
We reserve the right to revise these terms and conditions from time to time, without notice. When we make changes, we will post them here. You may wish to check this section from time to time to take notice of any changes we made, because your use of the Site following any changes indicates your agreement to be bound by those modifications. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on the Site.
OUR SITE CHANGES REGULARLY
We aim to update the Site regularly, and may change the content at any time without notice. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
WEBSITE TERMS AND CONDITIONS OF USE
This section sets out the terms and conditions of use in respect of the Site ("Website Terms and Conditions of Use").
SITE USAGE POLICY
You are prohibited from breaching or attempting to breach the security measures on the Site, including, without limitation:
Attempting to gain unauthorised access to the Site;
Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorised to access;
Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised;
Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorisation;
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
Sending unsolicited e-mail, including promotions and/or advertising of products or services;
Forging any TCP/IP packet header or any part of the header information in any e-mail or news posting;
Hijacking all or any part of the Site content; deleting or changing any Site content; deploying pop-up messages or advertising; running or displaying this Site or any Site content in frames or through similar means on another Site; or linking to the Site or any page within the Site, without our specific written permission; or
Misusing the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.
(B) General Rules
You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use.
You may not use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, database rights, patent, trademark, trade names, moral rights, rights in the nature of unfair competition rights, trade secret, rights of confidence or other intellectual property rights of us or others or violate the privacy or publicity or other personal rights of others, or (c) that is libellous, obscene, offensive, threatening, defamatory, abusive or hateful.
We have absolute discretion to determine if any use breaches these rules, and to act as we deem appropriate in the event of any breach. In the event of such a breach, your right to use the Site will cease immediately. Misuse of the Site, system or network security may result in civil and/or criminal liability. We will investigate occurrences which may involve such breaches and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such breaches.
Additionally, any breach by you of these Website Terms may result in us blocking your access to the Site.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the "Contents") are property owned, controlled, licensed or used with permission by Monique Lee Millinery Europe Limited its parent company, and its subsidiaries and affiliates (collectively, "Monique Lee Millinery ").
USE OF THIS SITE OUTSIDE OF THE UK
Except where otherwise specified on this Site, the Contents on this Site are displayed solely for the purposes of promoting Monique Lee Millinery' products available in the UK. However, Monique Lee Millinery may accept orders for delivery to locations outside of the UK, subject to customs, legal, regulatory and certain practical restrictions. Those who access this Site from locations outside of the UK or place orders for delivery to locations outside of the UK are responsible for compliance with local laws (to the extent applicable).
INTELLECTUAL PROPERTY RIGHTS
The Site as a whole and its Contents are protected by intellectual property rights including but not limited to) copyright, patents, data base rights, trademark, trade dress and other laws (including treaties) and all worldwide right, title and interest in and to the Site and its Contents are owned by Monique Lee Millinery or used with permission. All such rights are reserved and none of these rights are transferred to the user. Monique Lee Millinery and all other trademarks appearing on this Site are trademarks of Monique Lee Millinery or are licensed or used with permission of the owner by Monique Lee Millinery.
The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial use by the authorised users of the Site and may not be used except as permitted in these Website Terms. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
Nothing contained on this Site grants or should be construed as granting, any licence or right to use, implied or otherwise, any trademarks, design rights, data base rights, trade names, service marks, logos, domain names, business names, moral rights, rights in the nature of unfair competition rights and rights to sue for passing off, copyrighted or other proprietary material, including any rights in the nature of or having equivalent or similar effect to any of the aforesaid items in any country or jurisdiction, displayed on this Site without the prior written consent of Monique Lee Millinery or the owner of such material.
If you print off, copy or download any part of the Site (including the Contents) in breach of these Website Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Monique Lee Millinery on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Monique Lee Millinery’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Monique Lee Millinery of all worldwide right, title and interest in all copyrights and other intellectual properties in the Comments. Monique Lee Millinery is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that none of the Comments submitted by you to the Site will breach any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s) when placed on the Site and accessed and used by any third party authorised user as permitted in these terms and conditions. You further agree that none of the Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree that Monique Lee Millinery may send electronic mail to you for the purpose of advising you of changes or additions to this Site. You will be asked when you place an order with us or register with our Site to indicate whether you object to us using your personal data to provide you with information about any of Monique Lee Millinery's products or services. You will also be asked whether you consent to us sharing your personal data with carefully selected third parties so that they may contact you with offers and information about their goods and services.
Failure by you to comply with these Terms and Conditions constitutes a material breach of our contract with you. You agree to defend, indemnify and hold Monique Lee Millinery harmless from and against any and all claims, damages, costs and expenses, including reasonable administrative and legal costs, arising from or related to your use of the Site and the posting of any Comments.
LINKING TO THE SITE
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. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with these Website Terms. If you wish to make any use of material on the Site other than that set out above, please address your request to: email@example.com
LINKS TO OTHER WEB SITES
To the extent that this Site contains links to outside services and resources, including other websites, the availability and content of which Monique Lee Millinery does not own, operate or control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service, resource or website. Any such links are provided solely as a convenience to you. If you click on these links, you will leave this Site. Monique Lee Millinery makes no representations or warranties concerning, and is not responsible for the content, information or other material on or accessed from, any other websites that are not owned, operated or controlled by Monique Lee Millinery.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Monique Lee Millinery, OR ANY OF ITS AFFILIATED ENTITIES hereby EXCLUDE ALL LIABILITY FOR ANY DAMAGES (HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION THROUGH CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY or otherwise) ARISING OUT of or in connection with YOUR ACCESS TO (OR INABILITY TO ACCESS) OR USE OF THIS SITE AND ITS CONTENTS. All conditions, warranties and other terms which MAY be implied by statute, common law or OTHERWISE ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. without limitation to the previous sentence IN NO EVENT SHALL Monique Lee Millinery , ITS SUBSIDIARY COMPANIES AND/OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, CONTRACTORS, EMPLOYEES OR AGENTS BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGE, OR (II) LOSS OF PROFIT, (III) LOSS OF BUSINESS, (IV) LOSS OF OPPORTUNITY, (V) LOSS OF CONTRACT, (VI) WASTED MANAGEMENT TIME OR (VII) LOSS OF DATA, IN EACH CASE, INCURRED BY YOU IN CONNECTION WITH THE SITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT, EVEN IF Monique Lee Millinery HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN EACH CASE, HOWSOEVER ARISING (WHETHER IN contract, tort (including negligence), breach of statutory duty or otherwise) OUT OF OR IN CONNECTION WITH your access to (or inability to access) or use of this site and its contents. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. NOTHING IN THESE WEBSITE TERMS SHALL EXCLUDE OR LIMIT our liability for death or personal injury arising from our negligence, any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982, section 7 of the Consumer Protection Act 1987, OR FOR ANY FRAUD, OR fraudulent misrepresentation or any other liability TO THE EXTENT IT cannot be excluded or limited under applicable law.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents and you hereby confirm that you have not relied on any such materials in entering into these Website Terms.
The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions, including those that may relate to product descriptions, pricing, and availability. We reserve the right to revoke offers or correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, even if a credit card has already been charged. We apologise for any inconvenience this may cause you.
We may from time to time provide interactive services on the Site, including, without limitation: a) the ability to connect with your contacts or friends from social networking sites where Monique Lee Millinery facilitate such connection; and b) the ability to download content, including music and video files (together "interactive services").
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Unless otherwise specified and except to the extent Monique Lee Millinery's products are offered for sale in the UK through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Monique Lee Millinery's products and services available in the UK. This Site is controlled and operated by Monique Lee Millinery from its offices in England.
THIRD PARTY RIGHTS
Only you and Monique Lee Millinery shall be entitled to enforce the Website Terms. No third party shall be entitled to enforce any of these Website Terms, whether by virtue of the Contract (Rights of Third Parties) Act 1999 or otherwise.
JURISDICTION, APPLICABLE LAW AND LANGUAGE
These Website Terms shall be governed by, construed and enforced in accordance with the law of the England and Wales, without giving effect to any conflict of law provisions. The English courts will have exclusive jurisdiction over any claim or any dispute arising from, or related to, a visit to the Site, although Monique Lee Millinery retain the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country.
Third-party trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.
NOTICES FOR REPORTING AND MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Monique Lee Millinery will investigate notices of copyright infringement and take appropriate actions under applicable copyright protection legislation (including, but not limited to, the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and written notification of claimed copyright infringement must be submitted to the following designated agent for this website:
Via Post: Monique Lee Millinery, 80 Knightsfield, Welwyn Garden City, Hertfordshire, AL8 7HB, UK.
Via Email: firstname.lastname@example.org
Please send any concerns regarding our products or services to email@example.com
GENERAL TERMS AND CONDITIONS OF SALE
All contracts for the sale of products by us to you incorporate these terms and conditions of sale ("General Terms and Conditions of Sale"). Any term or condition which is inconsistent with these General Terms and Conditions of Sale shall be of no effect.
WEBSITE TERMS AND CONDITIONS
Monique Lee Millinery products displayed on the Site are generally available in most cases while supplies last. In some cases, merchandise displayed on the Site may not be available in stores and Monique Lee Millinery makes no representations or warranties that any of the products or services displayed on the Site will be available at any time or location.
We have taken reasonable precautions to try to ensure that prices quoted on the Site are correct and that all products have been fairly described. However, when ordering products through the Site, please note that:
Orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on the Site;
All prices are displayed in pounds Sterling inclusive of UK VAT where applicable.
All items are subject to availability. We will inform you as soon as possible if the product(s) you have ordered are not available and we may offer alternative product(s) of equal or quality and value.
We have made every effort to display as accurately as possible the colours of our products that appear on the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
AGE RESTRICTION ON PURCHASE
Our Site is not intended for use by individuals under the age of 18, and we do not knowingly collect any information from persons below the age of 18.
In order to contract with Monique Lee Millinery, you must be 18 years lid or over and possess a valid credit or debit card issued by a bank acceptable to us.
PURCHASE OF PRODUCTS
You can submit an order for products to Monique Lee Millinery by completing the details required on the order summary page and clicking the send order button. All prices are reflected in £UK Sterling and include VAT where applicable, providing delivery is to a location in the UK. Orders outside of the United Kingdom will be subject to an additional charge in accordance with the international delivery policy set out below.
Goods supplied are not for resale. We are under no obligation to accept your order, but would normally do so where the product is available, the order reflects current pricing and your credit card/ debit card payment is approved by your credit card/ debit card company.
The display of any product on our website is in no way an offer by us to sell to you. It is your response that is the offer. Accordingly, we are not liable to sell you any product that might be quoted at a price lower than that meant by us.
ACCEPTANCE OF YOUR ORDER
The technical steps required to create the contract between you and us are as follows:
You place the order for your products on the Site by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Site;
We will send you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from www.originalpenguin.co.uk;
As your product is shipped from our warehouse, we will send you a dispatch confirmation email;
Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the product(s) ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with these General Terms and Conditions of Sale;
If we do not accept your order for any reason or the price of the product has increased between the time of the order and our acceptance of it (or if a supplementary delivery charge applies), we will email you to advise you of the change. You will then need to resubmit your order. Only credit and debit cards are acceptable as payment for orders via this Site.
For standard delivery we will charge your account for payment at the time that the order is dispatched for delivery to you. We take every reasonable care to ensure that your order and subsequent transactions are conducted via a secure link. As we are not responsible for the operation of the secure link we will not, unless we are negligent, be liable for any loss you may suffer if a third party obtains unauthorised access to any information you provide via such link. If products are not available for any reason after we have accepted your order, we will let you know. We will not charge you for these products and will refund any amounts already paid (if any) by way of a credit to your credit card/ debit card account / PayPal account (as applicable).
We make every effort to deliver all products within the United Kingdom in accordance with the timescales set out below. Where this is not possible, we will seek to notify you and, unless we state otherwise, ensure that your products are delivered within 28 days from acceptance. This may not apply in respect of deliveries outside of the UK. All deliveries will be made to you at the address specified by you in the order. We may, at our discretion and expense, deliver parts of your order separately. All deliveries (standard, next day and international (where the jurisdiction allows for this)) must be signed for and you will be responsible for the products as soon as they are delivered to you. Ownership of the products shall pass to you once we have received payment in full. If we cannot deliver the products to you at the address you have specified for any reason (other than when we are at fault), we will notify you and store the products at your risk. If you wish us to redeliver the products to you, we will try and deliver a maximum of 2 times, after which, the product(s) will be returned to us and your order cancelled and refund of your payment less any reasonable delivery charges we have incurred. In any event, if we do not hear from you within 28 days, we will cancel the order and refund your payment to you less any reasonable delivery charges we have incurred.
YOUR RIGHT TO CANCEL
If you are contracting as a consumer, you may cancel your order at any time within seven (7) working days, beginning on the day after you received your order. In this case, you will receive a full refund of the price paid for the product(s) in accordance with our returns and refunds policy.
However, we may have delivered (or dispatched) the products you have ordered. In this circumstance, if you are returning the product(s) to us for any reason other than the products being faulty, you are responsible for returning the products to us and pay the cost of doing so.
To avoid this, we recommend that you advise us as soon as possible if you wish to exercise this right to cancel your order. If you wish to cancel your order, email us at firstname.lastname@example.org; or write to Monique Lee Millinery, 80 Knightsfield, Welwyn Garden City, Hertfordshire, AL8 7HB, UK.
Any products returned must be received by us in the same unused condition and, to the extent possible, in the same packaging as when we delivered them to you. Please note that in addition to your right to withdraw, we operate a Returns and Refund policy. You should read this policy as this gives you extra benefits. This policy may be found at Returns.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; (f) the acts, decrees, legislation, regulations or restrictions of any government; and (g) pandemic or epidemic.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
COMPLIANCE WITH LAWS
The Site may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Site and any transactions conducted on or through the Site.
If any part of the General Terms and Conditions of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the General Terms and Conditions of Sale and shall not affect the validity and enforceability of the remaining provisions of the General Terms and Conditions of Sale.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the General Terms and Conditions of Sale shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
When you order goods from the Site, our aggregate liability to you for any loss or damage arising in connection with these General Terms and Conditions for Sale shall be limited in respect of each claim, to the purchase price of your order.
We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these General Terms and Conditions of Sale or your use of the Site.
Except to the extent required by applicable law, Monique Lee Millinery or any of its affiliated entities shall not be liable to any person for any loss or damage which may arise from the use of or reliance upon any content information displayed in or on this Site.
If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Nothing in these General Terms and Conditions of Sale shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these General Terms and Conditions of Sale shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law. We will also not be responsible for any loss or damage caused to you where you are not entering into these terms as a consumer.
THIRD PARTY RIGHTS
Only you and Monique Lee Millinery shall be entitled to enforce these General Terms and Conditions of Sale. No third party shall be entitled to enforce any of these Website Terms, whether by virtue of the Contract (Rights of Third Parties) Act 1999 or otherwise.
JURISDICTION, APPLICABLE LAW AND LANGUAGE
These General Terms and Conditions of Sale shall be governed by, construed and enforced in accordance with the law of the England and Wales, without giving effect to any conflict of law provisions. The English courts will have exclusive jurisdiction over any claim or any dispute arising from, or related to, a visit to the Site, although Monique Lee Millinery retain the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country.