1.1. The following terms will have the following meaning in these terms and conditions:
“IPR” intellectual property rights including copyright, design right, trade marks, patents and any other similar rights whether registered or unregistered existing anywhere in the world;
“Order” an order placed by you via the Website for the purchase of selected Products;
“Price” the price as displayed on the Website for the Products;
“Products” products listed on the Website available for resale by Linda Farrow to you and as identified by you in your Order; and
“Website” the website accessible via www.MOYATELIER.com.
These terms and conditions govern all orders made with MOY ATELIER LTD trading as MØY ATELIER, registered in England under number 10707858, whose registered address is at 5 Pinner Road Harrow, Middlesex, HA1 4BB. If MØY ATELIER accepts your Order, you and MØY ATELIER will be legally bound by these terms and conditions. These terms shall apply to all Orders placed by you.
MØY ATELIER’s Terms and Conditions of Sale.
2.1. By submitting an Order, you will be deemed to accept these terms and conditions.
2.2. You must submit your Order via the Website in accordance with the instructions set out on the Website. You will be responsible for ensuring the accuracy of your Order and MØY ATELIER will not be liable for your failure to provide correct and accurate information in your Order.
2.3. No Order will be deemed to have been accepted by MØY ATELIER until you receive notification in writing (which is by e-mail) of acceptance of the Order by MØY ATELIER, and any relevant purchase reference number.
2.4. MØY ATELIER reserves the right to:
2.4.1. reject any Order submitted by you for any reason; and
2.4.2. cancel any Order before delivery of the relevant Products in the event any payment of the Price for the Products fails or in accordance with clause 12.3.
2.5. Without limitation to the provisions relating to limitation of liability in clause 11 below, MØY ATELIER,will not be liable or otherwise responsible for any loss or damage caused to you by MØY ATELIER,’s cancellation of the Order in accordance with clause 2.4 above.
Availability of Products
3.1. The Products displayed as available on the Website are subject to stock and supply availability, and there may be some delay in updating the Website with regard to the availability of Products.
3.2. You acknowledge and accept that MØY ATELIER may be reliant on a supply chain (including third party suppliers of Products to MØY ATELIER in fulfilling Orders. In the event that an Order is placed which MØY ATELIER cannot immediately fulfil as a result of reliance on third party suppliers, MØY ATELIER will inform you as soon as practicable and delivery may be delayed until such time as stock is available.
Products and Sales
4.1. MØY ATELIER sells Products via the Website in a range of forms including in a range of designs and colours. You must clearly indicate your requirements in relation to the design, colour and any other relevant details of the Products in your Order.
4.2. In consideration of payment of the Price for each Order by you to MØY ATELIER in accordance with clause 5 below, plus any cost of packaging and postage as may be set out on the Website from time to time, MØY ATELIER agrees to deliver the Products set out in the Order to you, at the address stated by you in the Order.
4.3. You agree and accept that:
4.3.1. MØY ATELIER provides the Products without any warranty and MØY ATELIER will have no responsibility for suitability of the Products ordered by you via the Website; and
4.3.2. the Products are sold to you “as is” and “as available” and you must judge the suitability of the Products for the purpose intended.
4.3.3. Personalisation - All purchases of personalised cases or purchases of MØY ATELIER Eyewear that have been requested for personalisation or customisation are not eligible for a return, refund or exchange.
4.3.4. Gift With Purchase. Any gift with purchase item applies only to purchases of MØY ATELIER brand eye wear. One gift per customer only. Whilst stock lasts.
Prices and payment
5.1. The Price for each Order will be calculated by MØY ATELIER in accordance with MØY ATELIER’s standard advertised Prices for the Products as set out on the Website. Prices for Products and delivery and other charges displayed on the Website are current at the time of display. However, MØY ATELIER does not accept liability for any errors in such Prices.
5.2. The Price payable for Products under these terms and conditions is exclusive of VAT, which will be charged to you in addition to the Price if you are based in the United Kingdom and the European Union.
5.3. You will pay the Price together with delivery costs for each Order on submitting your Order. Payment must be made online via the secure online e-commerce payment system on the Website utilising credit and debit cards listed on the Website. The secure online e-commerce payment system service on the Website will be operated by Shopify pay This secure online e-commerce payment system service may be changed from time to time by Shopify pay without prior notice. If you are based outside of the United Kingdom payment must be processed via the Website and all such payments will be exchanged into pounds sterling at the exchange rate of Shopify pay on the date of payment.
5.4. Delivery costs will be calculated by MØY ATELIER on the basis of the standard charges charged by carriers MØY ATELIER use which may vary from time to time and will vary according to the country of destination and weight of the Products. This cost will be confirmed to you by MØY ATELIERprior to submitting your Order and you agree to pay such delivery costs to MØY ATELIER in addition to the Price.
5.5. No Order will be processed or accepted by MØY ATELIER and no Products will be delivered to you unless and until the relevant Price (and delivery costs) for that Order has been received by MØY ATELIER in cleared funds from you.
5.6. MØY ATELIER’s standard Prices for Products are subject to change from time to time by MØY ATELIER and any such change will be notified by amending the relevant Prices displayed on the Website. Any increase in the Prices for Products will only apply to an Order placed after the date of the increase, and will not apply retrospectively.
5.7. MØY ATELIER is not liable for local taxes and duties. Products returned to MØY ATELIER for non-payment of local taxes and duties will not be refunded.
Restriction of the internet
6.1. You acknowledge and accept that:
6.1.1. MØY ATELIER has no control over the Internet, which is a worldwide network of computer systems. Access to the Website, Order processing system and secure online e-commerce payment system on the Website will not be error free or uninterrupted and may be variable; and
6.1.2. MØY ATELIER will not be liable for any direct, indirect, incidental or other loss or damage which result or may result from your access to or use of the Internet or the Website.
6.2. The Website is maintained by MØY ATELIER’s web hosting service provider. Every effort is made to ensure the continuity of the Website, but some occasional technical downtime beyond MØY ATELIER’s control and/or the control of MØY ATELIER’s hosting service provider may occur. Such downtime may prevent the Website or your content being available for the duration of the downtime and may result in errors occurring in the posting of Orders via the Website. MØY ATELIER will not be liable for such delays nor errors resulting from any cause beyond MØY ATELIER’s control and/or that of MØY ATELIER’s web hosting provider including hosting server downtime.
7.1. Subject to these terms and conditions, you may cancel any Order by e-mailing MØY ATELIER at firstname.lastname@example.org quoting “Order Cancellation” in the subject heading and the relevant Order reference number in the body of the e-mail. Cancellation of an Order may only be made in accordance with clause 7.2 below.
7.2. In accordance with the Consumer Protection (Distance Selling) Regulations 2000, you are granted a cancellation period of seven (7) working days from the date of submission of the Order. The following will, therefore, apply to any cancellation received by MØY ATELIER:
7.2.1. in the event that you cancel your Order within the abovementioned seven (7) working day period, on return by you of the Products if already despatched, you will be granted a full refund of the relevant Price;
7.2.2. in the event that you cancel your Order after the end of the abovementioned seven (7) working day period, the relevant Price paid to MØY ATELIER by you will be non-refundable, subject to clause 9.
7.3. The terms of this clause 7 regarding cancellation of Orders are without prejudice to MØY ATELIER’s Returns Policy set out in clause 9 below.
Delivery of Products
8.1. On MØY ATELIER’s receipt of payment of the Price from you for an Order, MØY ATELIER will arrange for delivery of the relevant Products to you to at the address stated by you in the Order. Delivery to P.O. Boxes will not be made.
8.2. Subject to MØY ATELIER’s Returns Policy set out in clause 9 below, and unless otherwise agreed in writing by Linda Farrow, title and risk in all Products delivered by MØY ATELIER to you pursuant to an Order will take place once the Products are despatched for delivery by MØY ATELIER.
8.3. Any timescales or dates indicated for delivery of Products are for guidance only and time for delivery will not be of the essence in this Agreement. If no timescales or dates are so indicated, delivery will be made by MØY ATELIER within a reasonable time. Notwithstanding this, under usual circumstances Products for delivery in the United Kingdom should be despatched within 14 days from the date of the Order.
8.4. MØY ATELIER’s liability for non-delivery of the Products will be limited to replacing the Products within a reasonable time or issuing a refund of the Price paid by you. Reasonable evidence of non-delivery will be required and MØY ATELIER will not be liable for more than one replacement of undelivered Products.
8.5. Without limitation to the provisions relating to Limitation of Liability in clause 11 below, MØY ATELIER will not be liable or otherwise responsible for any loss or damage caused by late or delayed delivery of the Products to you.
9.1. In the event that any Products delivered to you pursuant to your Order are damaged or of a quality or specification which is reasonably less than that represented on the Website or requested in the Order, you may return the Products to MØY ATELIER within 14 days of the date of delivery of the Products and, subject to clause 9.2 below, MØY ATELIER will, at your preference, either:
9.1.1. provide a replacement of the Products to you; or
9.1.2. provide you with a full refund of the Price and reasonable delivery costs within a reasonable time, which under usual circumstances should be no more than 28 days.
9.2. MØY ATELIER’s Returns Policy set out in clause 9.1 above is subject to the following terms:
9.2.1. return of Products or refund of the Price to you as a remedy under Linda Farrow’s Returns Policy will be at MØY ATELIER’s choice and discretion;
9.2.2. undamaged Products or Products of a satisfactory quality will be non-returnable under MØY ATELIER’s Returns Policy;
9.2.3. all returns of Products must be made in accordance with clause 9.3 below.
9.3. In order to return any Products pursuant to MØY ATELIER’s Returns Policy set out in clause 9.1 above, you must complete the following procedure:
9.3.1. you must email MØY ATELIER at email@example.com quoting “Returns Request Form” in the subject heading. In order to receive a refund or exchange:
The item(s) must be unworn and in perfect condition, with all Linda Farrow tags and bags still attached. Returns that are damaged, soiled or returned without all their labels may not be accepted and may be sent back to the customer.
Any designer packaging such as authenticity cards and dust bags must be included with your return.
9.3.2. on receipt of your returned Products at the address indicated, MØY ATELIER will replace the Products or refund the Price in accordance with your email.
IPR (intellectual Property Rights)
10.1. All IPR in the Products are and will remain owned by MØY ATELIER or any third party MØY ATELIER has collaborated with to develop the Products (as the case may be), and nothing in these terms and conditions will in any circumstances assign, sell or otherwise transfer the IPR in the Products to you or any other person. Furthermore, you are not granted any licence of the IPR in the Products by virtue of these terms and conditions.
10.2. Accordingly, Products are sold by MØY ATELIER to you for non-commercial use by you as a consumer only and reproductions of the Products may not be made or re-sold in any circumstance.
10.3. You will be responsible for your use of the Products and you acknowledge and accept that MØY ATELIER does not make any representation or warranties about the Products whether express or implied. For the avoidance of doubt, MØY ATELIER does not warrant that the Products will not infringe the IPR of any third party.
10.4. Subject to clause 11 below,MØY ATELIER will not be liable to you for damages, costs and losses incurred by you arising out of any claim made against you for infringement of any IPR of any third party caused by the Products or your use of the Products.
10.5. MØY ATELIER and associated brand features are MØY ATELIER’s brand name and trade marks, the use of which by you or any other person without MØY ATELIER’s express permission is expressly forbidden.
Limitations of Liability
11.1. These terms and conditions set out Linda Farrow’s entire liability to you and all other liability of MØY ATELIER to you is hereby excluded, subject that nothing will exclude or restrict MØY ATELIER’s liability for fraudulent misrepresentation and/or for death or personal injury to the extent that such injury results from MØY ATELIER’s negligence.
11.2. Subject to clause 11.1 above, you agree that Linda Farrow’s total liability under these terms and conditions will not exceed the Price actually paid by you to MØY ATELIER relating to the relevant Order giving rise to the alleged claim or the sum of £500.00 whichever is the lower, including where such liability arises out of MØY ATELIER’s negligence.
11.3. In no event will MØY ATELIER be liable to you, whether in contract, tort, by statute or otherwise for any special, indirect or consequential loss or damage arising out of or in connection with the sale of the Products to you, including any claim that the Products infringe the IPR of any third party.
11.4 MØY ATELIER will not be liable to you for any acts, omissions or failures of third party sub-contractors used by MØY ATELIER in delivering Products to you pursuant to Orders placed by you under these terms and conditions, including but not limited to intermediary suppliers of Products, service providers for the delivery of Products and service providers of the secure online e-commerce payment system on the Website.
11.5 Nothing in these terms and conditions will limit you statutory rights as a consumer.
12.1You warrant and undertake that :
12.1.1. you will not use the Website or Products for any unlawful purpose or which gives rise to civil or criminal liability;
12.1.2 you will not use the Website or Products in conjunction with any abusive, illegal, pornographic, defamatory, libellous, untrue, discriminatory, obscene, inflammatory or racist material or in any way which will or is likely to bring MØY ATELIER into disrepute; and
12.1.3 you will not use the Website or Products to infringe MØY ATELIER’s IPR or the IPR of any third party.
12.2 Notwithstanding the above, you warrant that you will be truthful and honest in your use of the Website and make purchases of Products in a responsible and reasonable manner and only as envisaged by these terms and conditions.
12.3 Any breach of these warranties will entitle MØY ATELIER to cancel any Order at its discretion and MØY ATELIER may at its discretion also cancel all or any other Orders made by you and terminate this agreement without notice.
12.4 MØY ATELIER gives no warranties with regard to the Products or with regard to the content of the Website and to the maximum extent permitted by law, MØY ATELIER excludes liability for all representations, warranties, conditions and other terms which but for this notice would have effect or be implied.
12.5 You will indemnify MØY ATELIER and hold MØY ATELIER harmless in full and defend MØY ATELIER at your own expense against all claims, liabilities, costs and losses whatsoever and howsoever incurred by MØY ATELIER arising out of any claim made against MØY ATELIER as a result of the breach by you of the above warranties.
14.1 MØY ATELIER may terminate this Agreement at any time for any reason on notice in writing (which may be by e-mail) to you in the event of any breach by you of the provisions of these terms and conditions.
14.2 On termination, any outstanding Order of yours will be immediately cancelled. Except as otherwise provided in these terms and conditions, the Price paid to MØY ATELIER for the relevant Order will be refunded on termination, unless the relevant Products in question has been despatched to you prior to termination in which case the relevant Price will not be refunded.
15.1 Any notice required or permitted under these terms and conditions will be in writing (which may be by e-mail) and will be deemed to have been properly given:
15.1.2 48 hours after being posted by first class mail (by airmail if sent internationally) with postage prepaid to the address set out in the Order if notice is being given by MØY ATELIER to you, or if notice is being given by you to MØY ATELIER, at 51 Calthorpe Street, London WC1X 0HH; or
15.1.3 at close of business on the day of effective transmission if sent by e-mail to an e-mail address notified for that purpose.
16.1 MØY ATELIER will not be liable for failure to meet its obligations under these terms and conditions if MØY ATELIER or its contractors are prevented from or delayed in doing so due to circumstances beyond MØY ATELIER’s reasonable control including, without limitation, acts of God, governmental actions, war, acts of terrorism, fire, explosion, flood, strikes or other labour disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies.
17.1 No provision of these terms and conditions will be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not party to it.
17.2 MØY ATELIER may assign MØY ATELIER’s rights or obligations under these terms and conditions at anytime. You may not assign your rights or obligations under these terms and conditions without MØY ATELIER’s prior written consent.
18.1 These terms and conditions will be governed by English law and both you and MØY ATELIER submit to the exclusive jurisdiction of the English courts.