Terms & Conditions
Musthave™ are completely dedicated to your total satisfaction. If you
have any suggestions or comments please email us at contactus@Musthave.co.uk.
Please read these terms and conditions carefully before using the website operated
by Musthave Direct Limited trading as Musthave™ (‘Musthave™,’
‘our’, ‘we’ or ‘us’) (VAT number: 776 1493
96 and registered company number 04163352). In particular, we draw your attention
to the Liability clause. By accessing or using Musthave™ (‘our website’)
and by clicking to indicate you have read and agreed these terms when ordering,
you agree to be legally bound by these terms and conditions as they may be modified
and posted on our website from time to time.
Without prejudice to the above, by using or accessing our website, you agree
to be legally bound by these terms and conditions of use as they apply to your
use of or access to our website.
If you do not wish to be bound by these terms and conditions then to keep our
insurance costs (and thus costs to you to a minimum) you may not use our website.
Making a Purchase
To place an order you will need to follow the ordering procedures set out on
the website, and as detailed in the ‘;New Customers’ section. Details
of our prices for the Products, and the procedures for payment and delivery
are displayed on our website.
Any times or dates stated on our website for delivery are estimates only and
we are very much reliant on our suppliers. We will make all reasonable effort
to deliver goods within the time specified, but do not accept liability for
any failure to deliver within that time.
You must pay by credit or debit card (or as shown on the relevant page) at the
time of order. The price of any Product is the price in force at the date and
time of your order. We may change the price of any Product before you place
an order. We try to ensure that our prices displayed on our website are accurate
but the price on your order will need to be validated by us as part of the acceptance
procedure (see below). We will inform you if a Product’s correct price
is higher than that stated in your order and you may cancel the order and decide
whether or not to order the product at the correct price.
If you are shopping from North America or anywhere else, place your order and
your credit card company will convert the transaction to US Dollars or your
own currency.
Musthave™ is entitled to refuse any order placed by you. If your order
is accepted, we will confirm acceptance to you by issuing an ‘Order Shipped’
e-mail to the e-mail address you have given us on registration or on ordering.
The order will then be fulfilled by the date set out in the Order Shipped e-mail
or, if the Order Shipped e-mail does not contain such a date, within 30 days.
If the Product you ordered is unavailable, we may provide to you a substitute
of an equivalent quality and price but the same general description (‘Substitute
Product’).
You undertake that all details you provide to us for the purpose of purchasing
goods or services which may be offered by us on our website will be correct,
that the credit or debit card, or any electronic cash, which you use is your
own and that there are sufficient funds or credit facilities to cover the cost
of any goods or services. We reserve the right to obtain validation of your
credit or debit card details before providing you with any goods or services.
Tax Charges
All orders placed for delivery within the UK or the European Union, 17.5% VAT
is charged. Orders to all other countries, or VAT free areas, are VAT free.
Please ensure that the details you have submitted are correct, as errors can
contribute to delays.
Please note: local taxes and import duties may apply to overseas deliveries
and will be payable by the recipient on receipt of the goods.
Credit Card Security
When the order is placed at our website, credit card numbers are encrypted using
128 bit encryption. They are not held in clear text on any web site, and we
do not see or keep your credit card details at any time.
You are solely responsible in all respects for all use of and for protecting
the confidentiality of any username, e-mail verification and password that may
be given to you or selected by you for use on our website. You may not share
these with or transfer them to any third parties. You must notify Musthave™
immediately of any unauthorised use of them or any other breach of security
regarding our website that comes to your attention.
Nature of our website
Our website is a place for you to select and order the shown gifts or services
(the ‘Products’). Our website describes the Products in more detail.
Please note that our website is available only to individuals that can form
legally binding contracts under applicable law. The contents of our website
are suitable for and thus aimed at users of over 18 years of age, you must be
over 18 years to purchase the Products, using the payment method displayed on
our website. If you do not qualify, please leave our website now.
If viewing or ordering from our website is illegal in the country in which you
are viewing it, you are not authorised to do so.
Our site sells many products which have direct contact with you. Normally they
will not cause any reaction of any type but some people may, as with all such
products, have some reaction. Please take advice before using any of our products,
including medical advice especially if you have had any allergic reaction before,
have sensitive skin, are allergic to any medicine, are pregnant or might otherwise
expect to have to take particular care. If in any doubt, do not use the items
without professional advice.
Modifications to website
We reserve the right to make changes or corrections, alter, suspend or discontinue
any aspect of our website or the content or services available through it, including
your access to it. Unless explicitly stated to the contrary, any new features
including new content and/or the sale of new Products shall be subject to these
terms and conditions.
Please note that although we try to ensure that the content of our website is
accurate, it may contain typographical errors or other inaccuracies.
Information you provide to us
The following applies to any information you provide to us, for example during
any registration or ordering process:
• You authorise us to use, store or otherwise process any personal information
which relates to and identifies you, including but not limited to your name
and address, to the extent reasonably necessary to provide the services which
are available through our website by us, our partners, successors (including
the purchaser of the whole or part of our business), associates, sub-contractors
or other third parties (together our ‘Partner Companies’). These
Partner Companies may (but at the date of writing these terms are not) be located
in countries outside the EEA that do not have laws to protect your information.
Details of the companies and countries involved in your case will be provided
on request. If you would like to request such information or review or modify
any part of your personal information then you should e-mail us at contactus@Musthave.co.uk.
• If you obtain or choose to buy Products through our website then we
may collect information about your buying behaviour and if you send us personal
correspondence such as e-mails or letters then we may collect this information
into a file specific to you (together, the various purposes set out in this
paragraph and in our privacy policy shall be known as ‘the Purposes’).
All such information collected by us shall be referred to in these terms and
conditions as ‘Personal Information’.
• You must ensure that the Personal Information you provide is accurate
and complete and that all ordering or registration details (where applicable)
contain your correct name, address and other requested details. For more information
about how we deal with your Personal Information, please read our privacy policy.
By accepting these terms and conditions, you agree to the processing and disclosure
of the Personal Information for the Purposes. If you would like to review or
modify any part of your Personal Information then you should e-mail us at contactus@Musthave.co.uk
You warrant and undertake that you will not use our website for any purpose
that is illegal or is prohibited by these terms and conditions. If you breach
these terms and conditions then your permission to use this website terminates
immediately without the necessity of any notice being given to you. We retain
the right to deny access to any person who fails to comply with these terms
and conditions.
Applicability of online materials
Unless otherwise specified all content and materials published on our website
are presented solely for your private, personal and non-commercial use.
Our website is controlled and operated by us from our offices in England. Where
content published on the website is supplied by third parties, you understand
that we do not control or endorse such content in any way. All content which
is offered by third parties that are not affiliated with or otherwise connected
with us, is published in good faith but we do not (to the extent permitted by
applicable law) accept responsibility for the accuracy or otherwise of such
content (whether published on or offline) and the use of such content, except
for content which relates directly to Products you purchase. You assume total
responsibility and risk for your use of our website and use of all information
contained within it.
We have used our best endeavours to ensure that our website complies with UK
laws. However, we make no representations that the materials on our website
are appropriate or available for use in locations outside the UK. Those who
visit our website from other locations do so on their own initiative and are
responsible for compliance with all applicable laws. If use of our website and/or
viewing of it, or use of any material or content on our website or services,
or products offered through our website are contrary to or infringe any applicable
law in your jurisdiction(s), you are not authorised to view or use our website
and you must exit immediately.
Musthave™ makes no representations and gives no warranties, express or
implied that making the Products available in any particular jurisdiction outside
the UK is permitted under any applicable non-UK laws or regulations. Accordingly,
if making the Products or any part available in your jurisdiction or to you
(by reason of nationality, residence or otherwise) is prohibited, those Products
are not offered for sale to you. You accept that if you are resident outside
the UK, you must satisfy yourself that you are lawfully able to purchase the
Products. We accept no liability, to the extent permitted by applicable law,
for any costs, losses or damages resulting from or related to the purchase or
attempted purchase of the Products by persons in jurisdictions outside the UK
or who are nominees of or trustees for citizens, residents or nationals of other
countries.
Copyright and monitoring
The contents of our website are protected by international copyright laws and
other intellectual property rights. The owner of these rights is Musthave™,
its affiliates or other third party licensors. All product and company names
and logos mentioned in our website are the trade marks, service marks or trading
names of their respective owners, including us. You may download material from
our website for the sole purpose of placing an order with Musthave™ or
using our website as a shopping resource. However, you may not modify, copy,
reproduce, republish, upload, post, transmit or distribute, by any means or
in any manner, any material or information on or downloaded from our website
including but not limited to text, graphics, video, messages, code and/or software
without our prior written consent, except where expressly invited to do so,
for example in order to complete any test or questionnaire.
Linked sites
Musthave™ make no representations whatsoever about any other websites
which you may access through our website or which may link to our website. When
you access any other website you understand that it is independent from us and
that we have no control over the content or availability of that website. In
addition, a link to any other website does not mean that we endorse or accept
any responsibility for the content, or the use of, such a website and we shall
not be liable for any loss or damage caused or alleged to be caused by or in
connection with use of or reliance on any content, goods or services available
on or through any other website or resource. Any concerns regarding any external
link should be directed to its website administrator or web master.
Availability of our website
We will try to make our website available but cannot guarantee that our website
will operate continuously or without interruptions or be error free and can
accept no liability for its unavailability. You must not attempt to interfere
with the proper working of our website and, in particular, you must not attempt
to circumvent security, tamper with, hack into, or otherwise disrupt any computer
system, server, website, router or any other Internet connected device.
Liability
We promise that for any Product you purchase from our website:
• we have the right to sell the Product to you;
• the Product will correspond with the description we have given to you;
• the Product will be of satisfactory quality
Subject to this, however, Products are not sold as being fit for any particular
application or for use under specific conditions, unless expressly agreed in
writing. We also promise that any service we provide to you will be provided
with reasonable skill and care.
We exclude all other express or implied terms, conditions, warranties, representations
or endorsements whatsoever with regard to any products (including without limitation
the Products), our website or any information or service provided through our
website.
We will do our best to ensure that all materials and information published on
our website are accurate, but please note that all content, materials and information
on our website are provided on an ‘as is’ basis and you assume total
responsibility and risk for your use of our website and use of all information
contained within it.
We accept no liability for any indirect or consequential loss or damage, or
for any loss of data, profit, revenue or business (whether direct or indirect)
in each case, however caused, even if foreseeable. In circumstances where you
suffer loss or damage arising out of or in connection with the viewing, use
or performance of our website or its contents other than as a direct result
of purchasing Products (which shall be subject to the exclusions and limitation
of liability set out in these terms and conditions), we accept no liability
for this loss or damage (except where we have been negligent) whether due to
inaccuracy, error, omission or any other cause and whether on the part of Musthave™
or our servants, agents or any other person or entity.
If we are liable to you for any reason, our liability will be limited to the
amount paid by you for the Product concerned. This limit does not apply to any
liability we may have for death or personal injury resulting from our negligence
or for our fraudulent misrepresentation.
You are responsible for ensuring that your computer system meets all relevant
technical specifications necessary to use our website and is compatible with
our website. You also understand that we cannot and do not guarantee or warrant
that any material available for downloading from our website will be free from
infection, viruses and/or other code that has contaminating or destructive properties.
You are responsible for implementing sufficient procedures and virus checks
(including anti-virus and other security checks) to satisfy your particular
requirements for the accuracy of data input and output.
The limitations and exclusions in this clause do not affect your non-excludable
statutory rights and only apply to the extent permitted by applicable law.
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