1 These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2 Information about us and how to contact us
2.1 Who we are. We are Mibelle AG, a company registered in Switzerland. Our company registration number is CHE10141756 and our registered office is at Bolimattstrasse 1, 5033 Buchs AG, Switzerland.
2.2 EU based representative. Given that we are based in Switzerland, we have also appointed a representative based in the European Union who may also be contacted should you have any queries relating to the supply of products to you. Our EU representative is Absolute Beauty Solutions Limited, a company registered in England and Wales. Its company registration number is 07114589 and its registered office is at 5 Millars Brook, Wokingham, RG41 2AD.
2.3 How to contact us. You can contact us by writing to us at firstname.lastname@example.org.
2.4 How to contact our EU based representative. You can contact our EU based representative by writing to them at email@example.com.
2.5 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us with your order/account or sending you a text message to the mobile number you provided to us in your order/account.
2.6 "Writing" includes emails and text messages. When we use the words "writing" or "written" in these terms, this includes emails and text messages.
3 Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you our invoice after completion of the payment process during the order process, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders or deliver to addresses outside the UK or in Jersey.
3.5 We only sell to adults. Our website is solely for the sale of products to customers who are 18 or over and we will not accept an order from you if you have confirmed, or if we are aware, that you are under 18.
4 Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5 Providing the products
5.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
5.2 When we will provide the products. After your order has been accepted, we, or our delivery provider, will contact you with an estimated delivery date which will be within 30 days after the day on which we accept your order. Our delivery provider will also provide you with all terms and conditons relating to delivery of the product(s) including what to do if you are not at home when the product is delivered and the consequences of a failure to re-arrange delivery and you agree to abide by such terms and conditions.
5.3 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us.
5.4 When you own goods. You own a product which is goods once we have received payment in full for it.
5.5 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
5.5.1 deal with technical problems or make minor technical changes; or
5.5.2 update the product to reflect changes in relevant laws and regulatory requirements.
5.6 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 30 days we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
5.7 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 10.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products.
6 Your rights to end the contract
6.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
6.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 7.
6.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2.
6.1.3 If you have just changed your mind about the product, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
6.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.6.
6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clause 6.2.1 to 6.2.4 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
6.2.1 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
6.2.2 there is a risk that supply of the products may be significantly delayed because of events outside our control;
6.2.3 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
6.2.4 you have a legal right to end the contract because of something we have done wrong (including because we have delivered a product late).
6.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
6.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
6.4.1 products once they have been opened and/or used after you receive them;
6.4.2 any products which become mixed inseparably with other items after their delivery; and
6.4.3 any product which has been made to your specifications or has been personalised for you.
6.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. You have 14 days after the day you (or someone you nominate) receive the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
6.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 6.1), you can still end the contract before it is completed. A contract for goods is completed when the product is delivered and paid for. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 3 working days after the day on which you contact us. We will refund any advance payment you have made for products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the product until 7 February. We will only charge you for supplying the product up to 7 February and will refund any sums you have paid in advance for the supply of the product after 7 February.
7.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
7.1.1 Contact us by email at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
7.1.2 Contact our EU based representative by email at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
7.1.3 Cancellation form. Print off and complete the cancellation form of these terms and conditions (download PDF here) and email it to us at firstname.lastname@example.org or our EU based representative at email@example.com.
7.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Mibelle Ltd., City Link Industrial Park, Phoenix Way, Bradford BD4 8JP, UK. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
7.3 When we will pay the costs of return. We will pay the costs of return:
7.3.1 if the products are faulty or misdescribed; or
7.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
7.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
7.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
7.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
7.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
7.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
7.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
7.7.1 If we have not offered to collect the products, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 7.2.
7.7.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
8 Our rights to end the contract
8.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
8.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
8.1.2 you do not, within a reasonable time, allow us to deliver the products to you; or
8.1.3 you fail to provide us with, or you withdraw your consent for us to use, personal data relating to you which we have requested and which is necessary for us to process your order e.g. your answers to questions we pose relating to your lifestyle, environment and health.
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9 If there is a problem with the product
9.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us:
9.1.1 You can write to us at firstname.lastname@example.org.
9.1.2 You can write to our EU-based representative at email@example.com.
9.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to our products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says that your products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 6.3.
9.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products which are not of satisfactory quality you must post them back to us. We will pay the costs of postage. Please email us at firstname.lastname@example.org (or email our EU based representative at email@example.com) to arrange a return on this basis.
10 Price and payment
10.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the product you order.
10.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
10.3 What happens if we got the price wrong. It is always possible that, despite our efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
10.4 When you must pay and how you must pay. We accept payment in acccordance with the methods set out on our website. You must pay for our products before we despatch them to you.
10.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know so that we can resolve the dispute.
11 Our responsibility for loss or damage suffered by you
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the products as summarised at clause 9.2.
11.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12 How we may use your personal information
12.1 How we may use your personal information. We will only use your personal information as set out in our privacy notice.
13 Other important terms
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.