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 [email protected] or telephone +44 (0)20 7729 6699. Our showroom hours are Monday to Friday 10:00 - 17:30.

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 [email protected] 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.

MIMI BERRY PRIVACY POLICY

Here at Mimi Berry we are 100% committed to safeguarding the privacy and security of our customs, while providing the highest possible quality of service. We understand how important privacy is. The personal information that you share with us is stored securely and processed fairly and lawfully, in compliance with the applicable laws and regulations. If you have any requests concerning your personal information or any queries with regard to these practices please contact us at [email protected]

DATA SECURITY

To maintain data security on our site we have put in place a central IT management system, this is to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information. 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. 

USE OF COOKIES

The Mimi Berry website (www.mimiberry.co.uk) places cookies on your computer or handheld device, which is standard practice for all websites.

WHAT ARE COOKIES?

Cookies are small data files which are temporarily stored on your computer or other mobile or handheld device (such as smart ‘phones or ‘tablets’) to collect information as you browse this website. They are used to ‘remember’ when your computer or device accesses this website. The cookies are essential to the effective operation of our website and to improve your shopping experience with us online.

By using our website, you agree to us placing cookies on your device and accessing them when you visit our website in the future. You can delete any cookies already on your computer within your device’s browser.  Please note that by deleting or disabling future cookies, your user experience may be affected and you might not be able to take advantage of certain functions of our website that are designed to give you the best user experience.

For more information, please visit the ICO website here

 

INFORMATION COLLECTED

We collect the information you supply to us via our website and at our showroom, and every time you email 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.

When you place an order on our website www.mimiberry.co.uk, we collect the following information in order to fulfil your order and contact you should a query arise.

  • your name, 
  • your address,
  • your email address, and
  • your phone number.

We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with any outside third parties except to the extent necessary to fulfil that order.

 

DISCLOSURES

As an independent retailer, we do not, and will not, sell any of your personal data to any third party including your name, address, email address, or credit card information. You can also email us at [email protected] to stop receiving any information about us and our services.