Legal

MIMI BERRY LIMITED

TERMS AND CONDITIONS

These terms and conditions (the Terms) govern your use of this website and your purchase of products from us. We are Mimi Berry Limited (Company number 06634902) (Mimi, we or us). Our registered and office address is 102 Lower Clapton Road, London, E5 0QR, United Kingdom. Our VAT registration number is GB 8058 918 05.

By using this website, and by buying products from us, you agree to be bound by these Terms. If you do not agree with the Terms, do not use this website or buy products from us.

1. The contract between us

We must receive payment of the whole of the price for the products that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our email acceptance of your order brings into existence a legally binding contract between us.

2. Price

The prices payable for products that you order are as set out on our website. Goods on this website are priced in GBP and include any applicable UK VAT. You may be required to pay a charge for delivery. If so, the amount of such charge will be set out in the payment section of our website.

3. Refunds and Returns

In these Terms, Bespoke Goods are any goods specifically personalised or tailored to your specifications, and Standard Goods are any goods other than Bespoke Goods.

At any time prior to delivery, you may notify us that you wish to cancel an order for Standard Goods. In such case, we will not deliver the Standard Goods and we will refund your money in full.

At any time up to 30 days after receipt, unused Standard Goods in new condition may be returned to our contact address for a full refund. The purchase price (excluding postage) for such returned items will be credited to your account within 10 working days.

At any time up to 60 days after receipt, unused Standard Goods in new condition may be returned to our contact address in exchange for replacement goods and/or credit notes up to the value of the returned Standard Goods (less any applicable delivery charges).

Orders for Bespoke Goods may not be cancelled or changed once work has started on them. Bespoke Goods that are delivered as described and in good condition may not be refunded. We will do our best to produce Bespoke Goods exactly to your requirements, but will not be responsible for mistakes arising from customer ordering errors (including errors in typography or order quantities) or the poor quality of any customer images. Any faults in Bespoke Goods for which we are responsible will be rectified free of charge.

To arrange a return of a product or for further information about returns or refunds please email us at info@mimiberry.co.uk or telephone +44 (0)20 7729 6699. Our showroom hours are Monday to Friday 10.30 - 18.00.

4. Cancellation by us

We reserve the right to cancel the contract between us if (a) we have insufficient stock to deliver the products you have ordered or (b) one or more of the products you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers. In the event of non-availability of goods, we will first contact you to try to arrange alternatives.

If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your account as soon as possible (and in any event within 30 days of your order). We will not be obliged to offer any additional compensation for disappointment suffered.

5. Delivery of products to you

We will deliver the products ordered by you to the address you give us for delivery at the time you make your order. Orders made before 1pm, weekdays, will be dispatched the same day. Any orders taken after 1pm, weekdays, will be dispatched the following day. Any orders placed over the weekend will be processed on Monday.

Delivery will be made as soon as possible after your order is accepted and in any event within 28 days of your order.

You will become the owner of the products you have ordered when they have been delivered to you. Once products have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

6. Liability

If the products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 60 working days of the delivery of the products in question.

Subject to the following paragraph, we will not be liable to you, whether in contract or tort, for any direct, indirect or consequential loss, damage or expense arising from the sale or use of our goods (including, without limitation, loss of profits). In all cases our entire liability, howsoever arising, shall be limited to damages which shall not exceed the price paid for the goods in respect of which the claim has arisen.

Nothing in these Terms is intended to restrict any legal rights that you have or exclude or limit our liability to you for any death or personal injury resulting from our negligence.

7. Events beyond our control

We shall have no liability to you for any failure to perform any obligation of any contract under these Terms (express or implied) where such failure is caused by any event or circumstance beyond our reasonable control including, without limitation, breakdown of systems, flood, fire, explosion or accident.

8. Complaints

At Mimi we would hope that you would not have any cause for complaint as we are committed to maintaining excellent standards of customer service. However, should you wish to make a complaint, please email us at info@mimiberry.co.uk or telephone +44 (0)20 7729 6699.

9. Miscellaneous

A person who is not a party to an agreement under these Terms has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of such agreement.

If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms will not be affected.

All notices from you to us must be in writing and sent to our registered address.

The contract between you and us, and any non-contractual obligations arising out of or in connection with such contract, shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us. These Terms, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement for the supply of products to you by us.

10. Consumer Protection

These Terms do not affect your statutory rights.

11. Site Security

All payment transactions on our site are performed using a secure server with 256 bit SSL encryption. Transactions are made on our behalf by Sage and HSBC.

PRIVACY STATEMENT

At Mimi we are committed to safeguarding the privacy of our users while providing the highest possible quality of service. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). If you have any requests concerning your personal information or any queries with regard to these practices please contact us at info@mimiberry.co.uk.

Information collected

We collect the information you supply to us via our website and at our showroom, and every time you e-mail us. We also collect information automatically about your visit to our site. The information obtained in this way, which includes browsing patterns, is only used in aggregate form, and as such cannot be used to identify you. This aggregate information is used to aid strategic development
and usage audits of the site.

Use of personal information

We process personal information for the purposes of providing the best possible service, processing your orders, and
providing you with information about products and services we offer. If you do not wish to receive information about our products or services, please tick the appropriate box when registering your details with us.

Use of cookies

Cookies (tiny text files, temporarily stored on your computer) are needed to allow us to put the items you’ve chosen into the right shopping basket. We’re sorry about this, but we haven’t found another way to make it all work.

Disclosures

We will not pass your information to any third parties. You can also email us at info@mimiberry.co.uk to stop receiving any information about us and our services. If you have any queries about our Privacy Statement you should e-mail us at info@mimiberry.co.uk.