Terms and Conditions 2017-05-27T23:23:17+00:00

Terms and Conditions

1. About Us 

This website,  www.lamienne.co.uk is owned and operated by:

La Mienne

65 Charles Street
Berkhamsted
Herts
HP4 3DH

(sole trader registration number?)

Email: info@lamienne.co.uk
Tel: 01442 384752

If you need to contact us please use the details above.

2. Make a Contract with Us 

2.1 When you place an order with us, you are making an offer to buy goods. We will send you an e-mail to confirm that we have received your order.
2.2 Once we have reviewed your order we will e-mail you again to confirm that we accept your order, and that a contract has been made between us.
2.3 In the unlikely event that the goods are no longer available, or that we have made a pricing mistake, we will advise you of this. You will not receive an e-mail confirming acceptance of your order, and there will be no contract between us.
2.4 All of our products are handmade.  Their designs and patterns may differ slightly from those shown on this site.
2.5 Images of products on this website are for illustrative purposes only. Your goods may vary slightly from the image shown on the website and will not include any of the pictured accessories, unless stated in the specification of the goods.
2.6 We have made every effort to display as accurately as possible the colours of our products that appear on this website. However, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the actual goods.
2.7 Whilst we try to be as accurate as possible, all information provided is approximate and is provided in good faith.
2.8 This contract is covered by English law.
2.9 By placing an order with us, you agree to and accept these terms, as well as our privacy policy and the terms of website use.

3. How to Place an Order 

3.1 You can use our website to place an order by selecting the product you wish to buy and adding it to your basket. Items you do not require can be removed from your basket at any time.
3.2 Carriage charges will be shown prior to you placing your order.
3.3 You will be required to pay for the goods in full at the time of ordering unless stated otherwise.
3.4 We use secure payment facilities for online purchases. You can pay for your order by Visa, Mastercard or Delta/Connect.
3.5 Promotional prices only apply during the period stated.
3.6 All prices quoted on our website are in UK pounds and include Value Added Tax at the current rate.
3.7 Once your order has been confirmed, changes may not be possible or may incur additional charges or delays.
3.8 Once your order is complete we will notify you of the dispatch date.

4. Delivery & Carriage Charges 

4.1 Goods will normally be dispatched within 3-5 working days and any estimated dispatch date is an estimate, which can change without notice.  Please note that all of our products are handmade to order, and that additional time may be required to prepare large orders.  In the case that we will be unable to prepare your order within 5 working days, we will contact you with an estimated dispatch date, at which point you will have the option of cancelling your order.
4.2 Goods will be dispatched using the Royal Mail parcel Signed For service, and will normally arrive within 2-3 working days of dispatch.  In the event that you are not at home to receive the delivery then you should arrange re-delivery or collection with the delivery company.  We will not accept responsibility for loss or damage if you instruct the delivery company to leave the goods unattended.
4.3 Delivery can be made to any address in the United Kingdom or Republic of Ireland.
4.4 Once the goods have been dispatched it will not be possible for us to change the delivery address.
4.5 Please check the goods on delivery – any goods found to be missing or damaged should be notified to the delivery driver at the time of delivery or ourselves within 7 days.
4.6 If the goods are lost or damaged in transit, please let us know promptly.
4.7 Sometimes, for reasons beyond our control we may be prevented from delivering your goods as planned. These might include things such as accidents, breakdowns, fire, flood, storm, severe weather, acts of god, war, riot, civil commotion, malicious damage or the default of our suppliers. We will try to put things right as soon as possible however we can’t be responsible where this causes a delay or failure in delivering your goods.
4.8 Time is not the essence of the contract unless expressly stated otherwise in writing by a Director of the Company.

5. Cancellation and Returns 

5.1 This policy does not apply to goods which are exempt from the right to cancel under the Consumer Contracts  Regulations.  In particular, goods which have been personalised or tailor-made to your specifications are exempt from cancellation rights.
5.2 You can cancel your contract at any time up to 14 days after the day of delivery. To do this, please e-mail or write to us. We are unable to accept cancellations by phone.
5.3 You do not have to give any reason for cancellation. However, a brief explanation will help us to improve the service we offer to customers in the future.
5.4 If you cancel, you must return the goods to us, unopened and complete with the original packaging, within 14 days of cancellation, at your own expense. You must ensure that the goods are packaged adequately to protect against damage.
5.5 You may properly examine the goods for 14 days.  However you may not return any goods that have been personalised to your specification unless they are faulty.
5.6 If you fail to return the goods, we will collect them, and we will charge you the direct cost of collection. If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge you for the reduction in value.
5.7 We will refund all monies paid to us by you including any postage / carriage within 30 days, less any costs due under this contract.

This cancellation policy does not affect your legal rights – for example, if goods are faulty or misdescribed.

6. Faulty Goods / Guarantee 

6.1 If there is a problem with the goods, please notify us by email or in writing providing details of the problem. Its helpful if you can provide us with a digital photograph of the problem as this normally saves you having to return the goods for inspection. We will deal with the matter in accordance with your legal rights.
6.2 If an exchange is necessary, this will be arranged without unreasonable delay and without charge. Replacement goods will not be dispatched until the original goods have been received by us and checked.

The cost of returning goods to us is your responsibility, however on inspection we will refund your reasonable postage costs, providing that the goods are found to be faulty. If the goods are not faulty, we will return them to you, however you will be required to cover our reasonable postage costs.

6.3 Note that chocolate products are delicate, and will deteriorate rapidly in conditions of excessive heat or humidity.  When you have taken delivery the goods should be stored until use in a dark place at a temperature between 12°C to 16°C, with a maximum humidity of 50%, and away from any odour.   We will make every effort to ensure that the goods are delivered in perfect condition, but cannot be held liable for any deterioration due to incorrect storage after delivery.
6.4 All products should be consumed before BBD (Best Before Date) which is stated on the packaging. Within this timescale we will replace defective goods free of charge, at our discretion, provided that they have been stored within the temperature and humidity limits described in section 6.3, and providing that you have returned to us any faulty goods upon request.
6.5 If an item is no longer available we will offer an alternative. However our liability will be to replace the faulty goods only and we are unable to guarantee an exact match. In this instance you will have the option of a refund.
6.6 Where we replace faulty goods you are responsible for their disposal if they have not previously been returned to us.

7. Liability 

7.1 The products sold on this website have been designed to comply with all relevant UK legislation. We cannot warrant or represent that they comply with any legal requirement outside the UK.
7.2 We do not accept liability for any consequential loss of profit or indirect losses.

Website Disclaimer

www.lamienne.co.uk 

This disclaimer details our obligations to you regarding our website. Please read this disclaimer in full before you use this Website. Using the Website implies that you accept the terms of this disclaimer. We do occasionally update this disclaimer so please refer back to them in the future.

1. Use of Website 

1.1 You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.
1.2 The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.
1.3 Subject to paragraph 1.1, no part of this Website may be reproduced without our prior written permission.

2. Visitor Conduct 

2.1 With the exception of personally identifiable information, the use of which is covered under our Privacy Policy [insert hyperlink here], any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
2.2 When using this website you shall not post or send to or from this Website any material for which you have not obtained all necessary consents, is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;

3. Site Uptime 

3.1 We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.

4. Links to and from other websites 

4.1 Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content.
4.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website and you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us.
4.3 If you choose to link to our website in breach of Paragraph 4.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.

5. Exclusion of Liability 

5.1 We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss.

6. Law and Jurisdiction 

This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.

Privacy Policy 

This is the internet privacy policy for www.lamienne.co.uk (the Website)

This website is the property of La Mienne. We take the privacy of all visitors to this Website very seriously and therefore set out in this privacy and cookies policy our position regarding certain privacy matters and the use of cookies on this Website.

This policy covers all data that is shared by a visitor with us whether directly via lamienne.co.uk or via email.

This policy provides an explanation as to what happens to any personal data that you share with us, or that we collect from you either directly via this Website or via email.

Certain businesses are required under the data protection act to have a data controller. For the purpose of the Data Protection Act 1998 our data controller is Yanmei Clarke and can be contacted via email at info@lamienne.co.uk

1. Information we Collect

In operating our Website we may collect and process the following data about you:

1.1 Details of your visits to our Website and the resources that you access including, but not limited to, traffic data, location data, weblog statistics and other communication data.
1.2 Information that you provide by filling in forms on our Website, such as when you register to receive information such as a newsletter or contact us via the contact us page.
1.3 Information provided to us when you communicate with us for any reason.

2. Use of cookies

On occasion, we may gather information about your computer for our services, and to provide statistical information regarding the use of our Website to our advertisers.

Such information will not identify you personally, it is statistical data about our visitors and their use of our site. This statistical data does not identify any personal details whatsoever. It is used by us to analyse how visitors interact with the Website so that we can continue to develop and improve this Website.

We may gather information about your general Internet use by using a cookie file that is downloaded to your computer. Where used, these cookies are downloaded to your computer automatically.  This cookie file is stored on the hard drive of your computer as cookies contain information that is transferred to your computer’s hard drive. They help us to improve our Website and the service that we provide to you.

All computers have the ability to decline cookies. This can be done by activating the setting on your browser which enables you to decline the cookies. Please note that should you choose to decline cookies, you may be unable to access particular areas of our Website.

Any advertising featured on this Website may also incorporate cookies, over which we have no control. Such cookies (if used) would be downloaded once you click on advertisements on our Website.

3.  Use of Your Information

The information that we collect and store relating to you is primarily used to enable us to provide our services to you. In addition, we may use the information for the following purposes:

3.1 To provide you with information requested from us relating to our products or services and to provide information on other products which we feel may be of interest to you if you have consented to receive such information.
3.2 To meet our contractual commitments to you.
3.3 To notify you about any changes to our Website, such as improvements or service/product changes, that may affect our service.
3.4 If you are an existing customer, we may contact you with information about goods and services similar to those which were the subject of a previous sale to you.
3.5 We may use your data, or permit selected third parties to use your data, so that you can be provided with information about unrelated goods and services which we consider may be of interest to you. We or they may contact you about these goods and services by any of the methods that you consented to at the time your information was collected.
3.6 If you are a new customer, we will only contact you or allow third parties to contact you only when you have provided consent and only by those means you provided consent for.
3.7 If you do not want us to use your data for ourselves or third parties you will have the opportunity to withhold your consent to this when you provide your details to us on the form on which we collect your data.
3.8 Please be advised that we do not reveal information about identifiable individuals to our advertisers but we may, on occasion, provide them with aggregate statistical information about our visitors such as your area of residence or age group.

4.   Storing your Personal Data

4.1 We may transfer data that we collect from you to locations outside of the European Economic area for processing and storing. In addition, it may be processed by staff operating outside the European Economic area who work for us or for one of our suppliers. For example, such staff may be engaged in the processing and concluding of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all reasonable steps to make sure that your data is treated securely and in agreement with this privacy policy.
4.2 Data that is provided to us is stored on our secure servers. Details relating to any transactions entered into via our site will be encrypted to ensure its safety.
4.3 The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and the  transmission of such data is entirely at your own risk. Where we have given you (or where you have chosen) a password so that you can access certain areas of our site, you are responsible for keeping this password confidential.

5.  Disclosing your Information

5.1 Where applicable, we may disclose your personal information to any member of our group. This includes, where applicable, our subsidiaries, our holding company and its other subsidiaries.
5.2 We may also disclose your personal information to third parties:
5.2.1 Where we sell any or all of our business and/or our assets to a third party.
5.2.2Where we are legally required to disclose your information.
5.2.3To assist fraud protection and minimise credit risk.

6. Third Party Links

You might find links to third party websites on our Website. These websites should have their own privacy policies which you should check. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.

7.  Access to Information

The Data Protection Act 1998 gives you the right to access the information that we hold about you. Please note that any demand for access may be subject to payment of a fee of £10 which covers our costs in providing you with the information requested. Should you wish to receive details that we hold about you please contact us using the contact details below.

8.  Contacting Us

We welcome any queries, comments or requests you may have regarding this policy please do not hesitate to contact us at info@lamienne.co.uk

If you would prefer to write to us then our contact address is 65 Charles Street, Berkhamsted, Herts,HP4 3DH, UK.