Charlotte mills terms and conditions
- These terms
- What these terms cover. These terms and conditions apply to all orders for product placed on our website at https://charlottemills.com/ and to the use of our website.
- Why you should read them. Please read these terms carefully before you submit your order to us or use our website. These terms tell you who we are, how we will provide products to you, how you can use our website, 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.
- We update these terms from time to time. Every time you want to place an order for our product or to use our website, please check these terms to ensure you understand the terms that apply at that time.
This version of the terms and conditions is effective in relation to all orders placed and accepted on or after 17.08.2022.
- Information about us
- Who we are. Charlotte Mills is a trading name of Charlotte Mills Limited, a company registered in England and Wales. Our company registration number is 08758340and our registered office is at Corner House, 28 Huddersfield Road, Milnrow, Lancashire, United Kingdom, OL16 3QF.
- How to contact us
- If you need to contact us for any reason including if you need to tell us about a problem with your order or the product, please visit our Contact Us page at https://charlottemills.com/pages/contact-us.
- 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 in your order.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
- Our contract with you
- How we will accept your order. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
Our acceptance of your order will take place when we email you to confirm that the product has been dispatched, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, 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 you are located outside our delivery areas.
- 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.
- We only sell in certain territories. Our website is solely for the promotion, sale and delivery of our products in the territories listed on our Deliveries & Returns webpage: https://charlottemills.com/pages/delivery-returns. Unfortunately, we do not deliver to addresses outside of the listed territories.
- No re-sale or distribution. The products sold on our website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
- You must be aged 18 or over to purchase products from our website.
- Our products
- Products and packaging may vary . The images of the products and packaging 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.
- Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 5% tolerance.
- You're responsible for making sure your measurements are accurate. If we're supplying the product to measurements you provide, you're responsible for making sure those measurements are correct.
- Providing the products
- Delivery costs are as set out on our Deliveries & Returns webpage: https://charlottemills.com/pages/delivery-returns and are payable in addition to the price for the product.
- Deliveries outside the UK. Products delivered to destinations outside the UK may be subject to taxes, fees, customs duty, levies or other charges as a result of local legislation or customs formalities. You will be required to pay any such additional charges.
Please note that your order may be subject to import duties and taxes which are applied when the delivery reaches its destination. We have no control over these charges and we cannot predict their amount. Please contact your local customs office for further information before placing your order.
You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.
- When we will provide the products. Your order will be delivered by the estimated delivery date set out in the dispatch confirmation email, unless there is an event outside our control as set out in clause 6.4. Any delivery timescales quoted to you are indicative only.
In the event that your order has been despatched by us (as confirmed in the despatch confirmation email) but has not arrived within the estimated delivery time range, please contact us.
- We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will use reasonable endeavours to contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- Price and payment
- 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 place your order. We take all reasonable care to ensure that the price of the product advised to you is correct. We reserve the right, however, to change prices at any time without notice to you (save that any changes will not affect orders in respect of which we have sent you an order acceptance email).
- 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.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, the price shown on the checkout page is wrong. 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 are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
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.
- When you must pay and how you must pay. We accept payment by any major credit or debit card. Other acceptable methods of payment will be set out on our website during the checkout process. You must pay for the products before we dispatch them. Payment may be debited and cleared from your account before the dispatch of the products you ordered.
You confirm that the account that is being used for payment is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance.
- What to do if you think the price is wrong. If you think the price at checkout is wrong please contact us promptly to let us know.
- Returns and Refunds
- Your legal right to change your mind. If you’re a consumer (if you purchase products for private use as opposed to business use) resident in the UK, you have a legal right to cancel your order within 14 days from the day on which you acquire physical possession of the product.
You cannot use this right in connection with the products that are made to your specifications or are clearly personalised.
If you wish to exercise your legal rights to reject products you must post them back to us as soon as reasonably practicable.
- Returns. In addition to your legal rights to cancel your order, we offer a goodwill returns policy detailed on our Delivery & Returns webpage.
Please refer to our Delivery & Returns webpage (Returns and Exchanges section) for information about our goodwill returns policy and how you can return a product: https://charlottemills.com/pages/delivery-returns.
All products must be returned unused and in the original packaging as they were in when received by you. Please ensure that when you receive a product that you take reasonable care of it when inspecting it, such as please ensure that any tags are still intact. Please see our Delivery & Returns webpage for more details.
- How to tell us about problems. If you have any questions or complaints about the product, please contact us.
- Your legal rights as a consumer. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights as a consumer.
For more information about your other legal rights in the UK, please visit the UK Government's website at: www.direct.gov.uk or contact Consumer Direct, the Government funded consumer advice service on 08454 04 05 06.
- When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty;
- 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; or
- if we expressly agree to pay the costs of return as may be stated on our Delivery & Returns webpage.
In all other circumstances (including where you are exercising your legal right to change your mind) you must pay the costs of return.
- Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may reduce your refund of the price if the product is damaged and we reasonably believe that the damage has been caused by you. If we refund you the price paid before we are able to inspect the goods and later discover a damage which has been caused by you, you must pay us an appropriate amount.
- When your refund will be made. Returns are processed when they arrive with us. This process can take 7-10 working days. If you are entitled to a refund, once we have processed the refund with our card payment company, it can take 7 working days for the funds to clear back into your account.
- Our rights to end the contract
We may end the contract for a product at any time if we do not receive the payment from you.
- Use of website
- We may make changes to our site. We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.
- We may suspend or withdraw our site. Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
- You must keep your account details safe. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
- How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. All such rights are reserved.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- Do not rely on information on this site
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
- We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
- User-generated content is not approved by us
This website may include information and materials uploaded by other users of the site, including reviews. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
If you wish to complain about content uploaded by other users, please contact us.
- Uploading content to our site
If you submit a review or any other content on our website, such content will be considered non-confidential and non-proprietary. When you upload or post content to our site, you retain all of your ownership rights in your content, but you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service or products.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with our content standards.
You are solely responsible for securing and backing up your content.
We do not store terrorist content.
You represent and warrant that you own or otherwise control all of the rights to the content that you post and that, as at the date that the content or material is submitted to our website, the content and material is accurate.
Use of the content and material you supply does not breach any applicable guidelines we may publish on our website and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify us for all claims brought by a third party against us arising out of or in connection with a breach of any of these warranties.
- We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
- Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
- Our responsibility for loss or damage suffered by you
- This section applies to you if you purchase products and/or use our website as a consumer.
- If you’re a consumer, 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, 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.
- 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; for breach of your legal rights in relation to the products.
- We are not liable for business losses. If you’re a consumer, the website is provided and products are supplied to you for domestic and private use. If you use the products or website for any commercial or business purpose, section titled ‘For Businesses’ of this clause 11 will apply.
- This section applies to you if you purchase products and/or use our website for any commercial or business purpose.
- Except as expressly stated in these terms, we do not give any representations, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.
- We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with our contract with you for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss or corruption of data or information;
- loss of business opportunity, goodwill or reputation;
where any of the above losses are direct or indirect; or
- any special, indirect or consequential loss, damage, charges or expenses.
- Other than the losses set out in clause 11.7 (for which we are not liable), our maximum aggregate liability under or in connection with this agreement whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to three times the order value in respect of which the liability arose.
- Nothing in these terms shall limit or exclude our liability for:
- death or personal injury resulting from our negligence;
- fraud or fraudulent misrepresentation;
- any other liability that cannot be excluded or limited by English law.
- This contracts constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to the relevant order. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this contract.
- How we may use your personal information
- Other important terms
- We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
- 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.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- 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.
- Which laws apply to this contract and where you may bring legal proceedings.
- These terms are governed by English law.
- 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.
- If you live outside the UK, you may bring legal proceedings in respect of the products before the courts of your resident country, as laws in your country of residence may also apply to allow you certain levels of consumer protection. You are also entitled to bring a claim in England and Wales if you prefer.
- Trade marks and registered designs
- Charlotte Mills is our registered trade mark.
- Charlotte Mills Insole and Charlotte Mills Sole are our registered designs.