Terms and Conditions

Please read these terms and conditions carefully before placing an order.

Application

1. These Terms and Conditions will apply to the purchase of goods by you (the Consumer). We, the Supplier, are Miss Eloise trading as Nine Breeze Ltd of 106 Ellington drive, Basingstoke, RG22 4EX, United Kingdom with email address info@misseloise.com.
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old. Please understand that if you refuse to accept the Terms, then you will be unable to place an order.

Definitions and Interpretations

3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Supplier means Nine Breeze Ltd;
5. Contract means the legally-binding agreement between you and us for the supply of the Goods;
6. Delivery Location means the Consumer’s premises or other location where the Goods are to be supplied;
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
10. Website means our website misseloise.com on which the Goods are advertised.

Goods

11. The description of the Goods is as set out in the Website, catalogues, brochures or any other form of advertisement. Any images are for illustration purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal Information

15. We retain and use all information strictly under the Privacy Policy.
16. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

17. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
18. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
19. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation.) You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
20. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Consumer and the Supplier in writing.
21. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you.

Price and Payment

22. The price of Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
23. Prices and charges include VAT at the rate applicable at the time of the Order.
24. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Risk and Title

25. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
26. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice, to cancel any delivery and end any right to use the Goods, in which case you must return them or allow us to collect them.

Withdrawal and cancellation

27. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
28. This is a distance contract which has cancellation rights (Cancellation Rights) as set out below. These Cancellation Rights, however, do not apply to a contract of the following goods (with no others) in the following circumstances:
    1. Goods that are made to your specifications or are clearly personalised;
    2. Gift cards;
29. Except as set out above, if you cancel this Contract we will reimburse to you all payments received from you.

Circumstances beyond the control of either party

30. In the event of any failure by a party because of something beyond its reasonable control:
    1. The party will advise the other party as soon as reasonable practicable; and
    2. The parties obligations will be suspended so far as is reasonable, provided that the parties act reasonably, and parties will not be liable for any failure which could not have been reasonably avoided. This will not affect the Consumer’s above rights relating to delivery and any right to cancel. 

Privacy

31. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
32. These Terms and Conditions should be read alongside, and are in addition to our policies including our privacy policy
33. For the purposes of these Terms and Conditions:
    1. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
    2. ‘GDPR’ means General Data Protection Regulation (EU) 2016/679.
    3. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
34. We are a Data Controller of the Personal Data we process in providing Goods to you.
35. Where you supply Personal Data to us so we can provide Goods to you, and we process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protections Laws:
    1. Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    2. We will only process Personal Data for the purposes identified;
    3. We will respect your rights in relation to your Personal Data; and;
    4. We will implement technical and organisational measures to ensure your Personal Data is secure.
36. For an enquiries regarding data privacy, you can contact at the following email address info@misseloise.com

Governing law, jurisdiction and complaints

37. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
38. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Consumer lives in Scotland or Northern Ireland in the courts of respectively Scotland or Northern Ireland.
39. We try to solve any dispute, so please contact us and we will deal with any complaint.
40. To cancel your contract of sale of goods please email info@misseloise.com