NOTICE: This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the Goods (Goods) listed on our website www.martinaspetlova.com (our site) to you. You should read these terms and conditions carefully before ordering any Goods from our site. Please note that by ordering any of our Goods, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1 INFORMATION ABOUT US
www.martinaspetlova.com is a site property of M WOVEN Limited with registered office in 51 The Stream Ditton, Aylesford, Kent UK ME20 6AG business register number 11565168 tax code and VAT number GB305011078
2 YOUR STATUS
2.1 By placing an order through our site, you warrant that:
2.1.1 you are legally capable of entering into binding contracts; and
2.1.2 you are at least 18 years old;
3 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.2 The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
4 CONSUMER RIGHTS
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy (set out in clause 9 below).
4.2 To cancel a Contract, you must inform us in writing. You must also return the Goods to us immediately (informing us in writing of your intention to return the Goods prior to postage). Failure to inform us in writing of your intention to return the Goods prior to postage may result in a delay in the process under clause 9.
4.3 Upon us receiving notification of your intention to return the Goods, we shall contact you with further instructions on how to proceed with your return.
4.4 You must return the Goods in the same condition in which you received them and at your own cost and risk (we recommend that the Goods be returned via recorded and/or special delivery). The returned Goods should be in their original packaging, in unused and resalable condition and should be accompanied by all corresponding order details. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.5 You will not have any right to cancel a Contract for the supply of any Goods constituting underwear.
5.6 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
6 AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7 RISK AND TITLE
7.1 The Goods will be at your risk from the time of delivery.
7.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges.
8 PRICE AND PAYMENT
8.1 The price of any Goods will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of the Goods is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the correct price of the Goods is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Goods must be by credit or debit card.
9 REFUNDS POLICY
9.1 When you return Goods to us:
9.1.1 because you are a consumer and have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Goods in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us;
9.1.2 for any other reason (for instance, because you have notified us in accordance with clause 20 that you do not agree to any changes in these terms and conditions or in any of our policies, or because you claim that the Goods are defective), we will examine the returned Goods and will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund for the defective Goods. Goods returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the reasonable costs incurred by you in returning the item to us (if any and provided that you have returned the item(s) to us by recorded and/or special delivery); and
9.1.3 Goods that have been personalised will not be refunded or exchanged in any circumstances.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Where payment has been made by credit or debit card, we will refund the payment to the credit or debit card used to purchase the Goods.
Please note that the store credit voucher is valid until 1 year from the date of creation.
10 OUR LIABILITY
10.1 We warrant to you that any Goods purchased from us through our site are of satisfactory quality and reasonably fit for all the purposes for which Goods of the kind are commonly supplied.
10.2 Subject to clause 10.5, our liability for losses you suffer as a result of us breaking this agreement, including deliberate breaches, is strictly limited to the purchase price of the Goods you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
10.3 Subject to clause 10.5, we are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
10.3.1 loss of income or revenue;
10.3.2 loss of business;
10.3.3 loss of profits or contracts;
10.3.4 loss of anticipated savings;
10.3.5 loss of data; or
10.3.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, provided that this clause 10.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause
10.2 or any other claims for direct financial loss that are not excluded by any of the categories 10.3.1 to 10.3.6 inclusive of this clause 10.3.
10.4 Where you buy any Goods from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
10.5 Nothing in these terms and conditions excludes or limit in any way our liability:
10.5.1 for death or personal injury caused by our negligence;
10.5.2 under section 2(3) of the Consumer Protection Act 1987;
10.5.3 for fraud or fraudulent misrepresentation; or
10.5.4 for any matter for which it would be illegal and/or unlawful for us to exclude, or attempt to exclude, our liability.
11 IMPORT DUTY
11.1 If you order Goods from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
12 WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirements that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to us at firstname.lastname@example.org. We may give notice to you at either the email or postal address you provide to us when placing an order on the Site. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
14 TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15 EVENTS OUTSIDE OUR CONTROL
15.1 We reserve the right to defer the date of delivery of or to cancel the Contract (without liability to you) if we are prevented from or delayed in the carrying on of our business due to any event of force majeure, provided that, if the event in question continues for a continuous period in excess of 60 days, you shall be entitled to give notice in writing to us to terminate the Contract.
15.2 In these terms and conditions an event of force majeure shall include (without limitation) Act of God, war, threat of war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, tempest, flood, adverse weather conditions, epidemic, accident, acts or omissions on the part of any governmental or local authority or highways authority or public telecommunications, import or export regulations or embargoes, disruption of power supply, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or any default of any of our suppliers.
15.3 Our performance under any Contract is deemed to be suspended for the period that an event of force majeure 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 event of force majeure to a close or to find a solution by which our obligations under the Contract may be performed despite the event of force majeure.
16.1 Failure or delay by us in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of our rights under the Contract.
16.2 Any waiver by us of any breach of, or any default under, any provision of the Contract shall not be construed as a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18 ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19 RIGHTS OF THIRD PARTIES
The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
20 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
These terms and conditions shall be governed by and construed in accordance with Italian law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Italy.
21 GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
22 DATA PROTECTION
You agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
22.1 TERMS USED RePack PACKAGING:
The Online store discloses to Plan B From Outer Space Ltd. the data necessary for the processing and invoicing of the order. The customers’ data is recorded in the RePack customer register, the data included in which is used for the processing and follow-up of the order, the delivery of the voucher and the care and maintenance of the customer relationship. Plan B processes the customer’s personal data in accordance with the laws relating to data protection applicable in Finland. Plan B does not sell, distribute or rent the data to third parties. Plan B does not transfer the collected personal data to third parties for purposes other than those relating to the processing of the order or possible debt collection measures. Plan B retains the right to transfer data relating to a customer to the authorities if the customer has acted against law or
contrary to good practice. The customer has the right to review, rectify or erase the data on him/her from the customer register. For this purpose, please make a request in writing to the address email@example.com. The description of the data file is available at the Plan B web site at the address http://www.originalrepack.com Access to the register is prohibited from persons other than those employed by Plan B or the Online store.
23 DHL EXPRESS NETWORK TERMS AND CONDITIONS OF CARRIAGE AND CUSTOMS OPERATIONS (T&C)
These T&C are applied to services provided by Express Carrier DHL Express in respect of delivery of Express Shipments for personal use.
23.1 TERMS USED HEREIN:
Express Carrier: DHL Express is represented within the Russian Federation by two entities, DHL International ZAO and DHL Express OOO. DHL Express as well as third parties work together to deliver Express Shipments internationally and perform customs operations in respect of Express Shipments.
Customs Broker means DHL Express OOO performing customs operations in the name and on behalf of the customs applicant and other interested parties in accordance with the customs laws of the Customs Union. Express Shipment means goods shipped in express mode by any means of transportation using electronic shipment organisation and tracking system on www.dhl.ru website to deliver those goods to the Consignee pursuant to an individual waybill within the shortest possible and/or fixed period of time.
Shipper means a legal entity, normally an online store, that handed Express Shipments over to the Express Carrier for delivery.
Consignee means an individual consignee of Express Shipment specified in the DHL Express waybill.
23.2 T&C SUBJECT MATTER:
23.2.1. These T&C are a public offer and form a consensual type Delivery and Customs Operations Agreement in respect of Express Shipments by and between the Shipper/Consignee, the Express Carrier and the Customs Broker (“Agreement”).
23.2.2. Consignee of Express Shipments accepts the provisions of this Agreement for themselves and for other directly or indirectly interested parties, including the Shipper, by pressing a button, ticking a box or putting any other sign in the box “I accept terms and conditions of the Public Offer,” as well as/or by any other means of actual confirmation of their consent when ordering goods at the Shipper’s website.
23.2.3. Under the applicable legislation in Russian Federation Express Carrier and Customs Broker shall have the right to demand from Consignee documents and information necessary for international delivery of Express Shipments and customs operations in respect of Express Shipment, including those containing information comprising commercial, bank and other secrets protected by law, or other confidential information, and obtain such documents and information within the time limits ensuring observance of the requirements specified in the applicable legislation.
Express Carrier and Customs Broker hereby acknowledge and confirm that the obtained information comprising state, commercial, bank and other secrets protected by the law or other confidential information must not be disclosed or used by Express Carrier and Customs Broker and their employees for their own purposes, handed over to other persons, except for the cases envisaged in the applicable legislation in Russian Federation other cases when disclose of the information is required for international delivery of Express Shipments and customs operations in respect of Express Shipment.
23.3 DHL EXPRESS NETWORK TERMS AND CONDITIONS OF CARRIAGE.
23.3.1. The Shipper and the Consignee acknowledge that normal DHL Express Delivery Terms and Conditions apply to carriage of goods via DHL Express network; the key provisions thereof that are essential for the Consignee are listed below: Deliveries and Undeliverables Shipments cannot be delivered to PO box address or postal codes only. Shipments are delivered to the Consignee’s address given by Shipper (which in the case of mail services shall be deemed to be the first receiving postal service) but not necessarily to the named Consignee personally. Shipments to addresses with a central receiving area will be delivered to that area precisely. If the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Consignee cannot be reasonably identified or located, or Consignee refuses delivery or to pay for delivery, DHL shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment is transferred to DHL and may be sold by DHL without incurring any liability whatsoever to Shipper or anyone else, with the proceeds of sale less service charges and related administrative costs to be returned to Shipper. Inspection DHL has the right to open and inspect Shipments without notice.
DHL’s liability is expressly limited to direct loss and damage only and cannot exceed per kilo/lb limits pursuant to Section 6. Any other types of loss or damage whatsoever are excluded (including but not limited to lost profits, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to DHL’s attention before or after acceptance of the Shipment. If a Shipment combines carriage by air, road or other mode of transport, it shall be deemed to have been carried by air. DHL’s liability in respect of any one Shipment transported, without prejudice to Sections 7 through 11, is limited to its actual cash value and shall not exceed: – an amount calculated based on $US 25.00/kilogram or $US 11.34/lb for Shipments transported by air or other non-road mode of transportation; or – an amount calculated based on $US 12.00/kilogram or $US 5.44 /lb for Shipments transported by road. Claims are limited to one claim per Shipment; settlement of such claim will be full and final settlement for all loss or damage in connection therewith. If Shipper regards these limits as insufficient they must make a special declaration of value and request insurance as described in Section 8 (Shipment Insurance) or make their own insurance arrangements, failing which Shipper assumes all risks of loss or damage.
Time Limits for Claims
All claims must be submitted in writing to DHL within thirty (30) days from the date that DHL accepted the Shipment, failing which DHL shall have no liability whatsoever in respect of those claims.
Delayed Shipments and Money-Back Guarantee
DHL will make every reasonable effort to deliver the Shipment according to DHL’s regular delivery schedules, however, these schedules are not binding and do not form part of this Agreement. DHL is not liable for any damages or loss caused by delays.
Certain services have a money-back guarantee which provides for a credit or refund for delay of all or part of the Shipment’s transport charges in some cases. The Money-Back Guarantee Terms and Conditions are available on the DHL website (www.dhl.com) or from DHL Customer Service.
Circumstances Beyond DHL’s Control
DHL is not liable for any loss or damage arising out of circumstances beyond DHL’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if made known to DHL; any act or omission by a person not employed or contracted by DHL, e.g. Shipper, Consignee, third party, customs authorities or other government officials; “Force Majeure”, e.g. earthquake, cyclone, storm, flood, fog, war, plane crash or embargo, riot or civil commotion, industrial action.
If Shipments are transported by air and involve an ultimate destination or stop in a country other than the country of departure, the Montreal Convention, or the Warsaw Convention as applicable, governs. For international road transportation, the Convention for the International Carriage of Goods by Road (CMR) may apply. These conventions limit DHL’s liability for shipment loss or damage.
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of DHL, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment, and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
3.2 Full text of the текст DHL Express Network Terms and Conditions of Carriage is available on www.dhl.ru website.
23.4 CUSTOMS OPERATIONS TERMS & CONDITIONS
23.4.1 Customs Broker:
22.214.171.124 may performs customs declaration of Express Shipments;
126.96.36.199 shall inform the Consignee of the date of the goods arrival to the temporary storage facility (TSF) by fax or email;
188.8.131.52 shall perform other actions stipulated in the customs laws of the Customs Union and the Russian Federation as necessary to perform the customs operations as a person authorized by the Consignee to act in respect of the declared Express Shipments.
23.4.2. The Consignee shall provide comprehensive and accurate details and documents to perform declaration of the Express Shipments as stipulated in the customs laws of the Customs Union and the Russian Federation and provide additional documents at the Customs Broker’s request.
All the documents required to declare the goods should be provided within ten (10) calendar days from the moment the goods arrive to the TSF. 23.4.3.The Consignee would take of formalities related to the frequency of receiving shipments at his own risk and cost
23.4.4.The Shipper and the Consignee guarantee that they have legal authority or other legal grounds for the Customs Broker to perform legally relevant actions on their behalf and shall be fully liable for providing comprehensive and accurate information in respect of the Express Shipments.
23.5 LIABILITY OF THE PARTIES
23.5.1. The Consignee shall be liable for penal sanctions imposed on the Customs Broker as a result of the latter’s breach of customs regulations due to the Consignee’s failure to provide comprehensive and/or accurate information and documents, including inconsistencies in transported goods to their accompanying documents in terms of their name, quantity, other characteristics affecting due declaration, as well as the Consignee being late in providing those documents and information; and in that case the Consignee shall reimburse the Customs Broker all the amounts of such sanctions against a separate invoice.
23.5.2 The Customs Broker shall not be liable for lost profits or other consequential and contingent damages of the Consignee even if such damages are foreseeable or have been made known to the Customs Broker or the Customs Broker could or should have known about them.
23.5.3 The Parties shall be released from liability for full or partial non-performance of their respective obligations hereunder if it became a result of Force Majeure circumstances and those circumstances directly affected performance of this Agreement.
23.6 SERVICE FEES AND PAYMENT FOR CUSTOMS OPERATIONS:
23.6.1 Service fees are determined based on the Customs Broker’s rates as of the invoice date, including amounts of customs and other fees paid by the Customs Broker while providing services hereunder.
23.6.2 The Consignee must pay for the Customs Broker’s services.
23.6.3 The Customs Broker reserves the right to withhold any goods of the Consignee at the latter’s expense until the Customer Broker’s services provided to the Consignee hereunder are paid in full.
23.7 GENERAL PROVISIONS
23.7.1. Should the T&C and/or Agreement text change, the Parties agree to apply the T&C effective as of the date of consent specified in Clause 23.2.2.
A translation of DHL EXPRESS Terms and Conditions in Russian can be found here