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These Terms of Sale set out the terms and conditions that will apply to your purchase of Goods through the Website. Please read these Terms of Sale carefully before placing an Order. By confirming that you have read and accepted these Terms of Sale when you submit an Order through the Website, you confirm your unconditional acceptance.

In these Terms of Sale “MELANIE CASHMERE”, “we” and “us” means MELANIE CASHMERE LTD., – with registered office in Portugal and “you” means you, our valued customer. These Terms of Sale along with your Order Confirmation constitute the contract between us for the supply of Goods. No other terms and conditions shall apply. The contract cannot be modified unless we agree to vary it in writing or by e-Mail.

A copy of these Terms of Sale can be stored electronically or printed by all users of our Website.

Registration

To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-Mail address contact@melaniecashmere.com. We may also change registration requirements from time to time. The account password you provide should be unique and kept secure, and you must notify MELANIE CASHMERE immediately of any breach of security or unauthorised use of your account. Please refer to our Privacy Policy for information about how we use your data.

Order and Acceptance

To place an Order you must be 18 years of age or over. You will have to select the Goods on the Website, select colour and size, add the items to your shopping bag, check out, and submit the order. Before completing the check-out procedure you will be requested either to register for or log into your personal account to complete the purchase as a non-guest if you wish.

Each Order submitted constitutes an offer to purchase Goods from us. Orders are subject to availability and acceptance by us and we may, at any time and at our sole discretion, refuse to accept your Order, including but not limited to cases where:

  • you have provided us with incorrect information, including without limitation, insufficient or incorrect payment details, incorrect billing information; insufficient or incorrect shipping address – in this regard, please note we do not ship Goods to P.O. boxes; or fraudulent information;
  • there is an error on the Website relating to the Goods that you have ordered, for example an error relating to the price or description of the Goods as displayed on our Website;
  • the Goods that you have ordered are no longer available through our Website;
  • the amount of the proposed transaction is excessively high, based on our case-by-caseevaluation, and subject to our discretion; or
  • we believe that you are under the age of 18.

If we are unable to accept your Order, we will contact you at the e-Mail address or telephone number that you have provided to us, as soon as possible within 30 days from the date of your Order. If you place an Order by telephone you will have to register to the Website during the call and provide us with an e-Mail address. After you have placed your Order through the Website or by telephone, you will receive an Order Processing Receipt, that is an e-Mail from us confirming that your Order has been received by us and is being processed.

If you do not receive the Order Processing Receipt within 48 hours of placing the Order, contact us at +351 916 153 991 or by e-Mail at contact@melaniecashmere.com before you try to place another Order for the same Goods.

Please note that the Order Processing Receipt does not constitute acceptance of your Order. Your Order will be accepted by us and your credit card be debited only at the time we dispatch the Goods you ordered and have sent you the Order Confirmation. You hereby acknowledge and agree that we reserve the right to accept your Order in whole or in part; therefore, in the event of partial acceptance, your card will be debited and the Goods will be dispatched for the part of the Order that was accepted. After you have placed your Order through the Website or by telephone you will receive the Order Processing Receipt and afterwards, at the time that we ship all or part of the Goods, you will receive the Order Confirmation confirming that your Order has been shipped by us, and an e-Invoice for your Order. If you are purchasing a Gift, your Order will be confirmed only when we have sent you an Order Confirmation e-Mail along with an e-Invoice, upon which we will send the Gift to the recipient.

If you have any questions, comments or concerns regarding your Order, or if you think that your Order has been rejected in error, please contact us at contact@melaniecashmere.com.

Personal Information

When you place an Order through our Site, you will be providing us with your personal information. We will use your personal information to process your Order and deliver the Goods ordered and for other limited purposes. Our collection and use of your personal information will be carried out subject to the terms of our Privacy Policy.

Product Availability

We will make all reasonable efforts to ensure that the prices and other information about Goods displayed on the Website are accurate and up-to-date. However, the inclusion of any Goods on our Website does not imply, warrant or guarantee that the Goods will be available if you wish to place an Order to purchase them and items in your shopping basket are not reserved and may be purchased by other customers.

We will have the right, at any time, to make changes to the information about Goods displayed on the Website, including without limitation information about prices, description or the availability of Goods and we may do so without prior notice to you. Changes will not however impact the price, availability or description of any Goods for which you received the Order Confirmation.

Gifts

You may purchase Goods as a Gift and have it sent to a different recipient. Please note that you will be liable for providing the recipient’s personal data in compliance with any applicable privacy law. We invite you to consult our Privacy Policy on the Website before providing us with a third party’s personal data.

We will deliver the Gift to your recipient. You will receive the Order Confirmation from us when your Gift has been shipped to the recipient confirming that we have accepted your Order for the Gift, and an e-Invoice for your Order.

Prices and Payments

The prices of the Goods are indicated on the Website and will be confirmed in the Order check-out page, in the Order Confirmation as well as in the e-Invoice you receive after your purchase. We reserve the right to vary the price of our Goods at any time, provided that we will not alter the price of any Goods after we send you the Order Confirmation. Please be aware that prices charged for any Goods purchased on the Website may vary to reflect local market pricing and applicable duties.

Prices shown on the Site are in GBP, Euros or U.S. Dollars. At the European community countries price’s are included the values of VAT and/or Sales tax and in the extra european community countries prices are exempt from VAT. Any other taxes and duties are not included and are calculated according to the value of your Order and your shipping destination and are itemised on the Order check-out page, in the Order Confirmation as well as in the e-Invoice. Delivery charges may also apply to your Order. You may pay by credit card, as listed on our check-out page. Payment must be made in the currency as indicated on your Order before you submit it.

Please be advised that you may sustain some extra charges imposed by your credit card issuer or by your bank, for which we deny any responsibility.

Payment by Credit Card

You must supply your card details when you place your Order. We will place a “hold” on your payment card for the total value of your Order. If the “hold” on your card has been authorised by your bank, your credit card will be debited for the total value of the Order Confirmation at the time the Goods are dispatched to you. We will not accept your Order, neither will we supply the Goods to you until your credit card issuer has authorised the use of your card for payment of the Goods ordered. If we do not receive such authorisation we will notify you. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation. After a “hold” on your payment card has been authorised by your bank, please be advised that, in case your credit card is debited for a lower amount than the total amount “held”, it is possible that the balance is not immediately fully available to you for reasons beyond our control (e.g.: delays by your credit card issuer in removing the “hold” from your credit card).

We take all reasonable care to make the Website secure and to prevent frauds. All transactions on the Website are processed using a secure online payment gateway that encrypts your card details in a secure host environment. Please note that we may, at any time and at our sole discretion, restrict shipping to certain customers and countries.

If you wish to dispute the validity or amount of a charge that appears on your credit card statement, please contact us at contact@melaniecashmere.com or +351 916 153 991.

Delivery and Order Tracking

International shipping is available when ordering Goods from the Website.

We will not deliver any Goods unless or until payment has been authorised and/or credited on MELANIE CASHMERE’s bank account. When the Goods have been consigned to our carrier, we will send you the Order Confirmation.

Delivery will be made by courier during normal business hours. Please be advised that delivery charges may apply to your Order and that our courier cannot deliver packages without receiving a signature and/or payment of applicable customs duties.

We will make any reasonable efforts to deliver the Goods within the number of days specified on your Order Confirmation. However, any delivery date or time specified by us is a best estimate only, and we will not be liable for any loss or damage suffered by you through any unavoidable delay in delivery. You can track the progress of your Order by entering the tracking number directly into our carrier’s website.

Goods that we deliver to you will become your property at the time that you receive them. As soon as we have delivered the Goods to you, you will become responsible for them, and for any loss or damage to them thereafter.

Upon delivery of the Goods, and before signing any document attesting delivery, you must carefully check the integrity of the package and, should the package be damaged or altered, you must write in the document attesting delivery that you reserve the right to verify the content. Failure to do so may result in a liability for us, for which you might be held responsible.

Resale / Reshipping of Our Merchandise

You must not misrepresent yourself as being one of our authorised resellers or as being qualified to resell our Goods. We reserve the right to refuse to accept your Order, if we suspect that you intend to resell our Goods.

Our Liability To You

Nothing in these Terms of Sale will exclude or limit our liability to you for fraud, death or personal injury caused by our negligence, breach of terms regarding title implied under the Consumer Code or any other liability which the applicable laws state may not be excluded or limited.

We will not be liable to you under the Contract for any loss of profit, loss of income, loss of business, loss of revenue or loss of goodwill; any loss or corruption of or damage to data; or any loss or damage which was not a reasonably foreseeable result of either our breach of the Contract or our breach of our legal duty of care. Loss or damage is “reasonably foreseeable” if, at the time that we and you entered into the Contract, such loss was either contemplated by us and you or you notified us that the loss may occur if we breached the Contract or our legal duty of care.

Intellectual Property Rights

Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including MELANIE CASHMERE Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by MELANIE CASHMERE. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

Content

In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. MELANIE CASHMERE tries to ensure that the information on this site is accurate and complete. MELANIE CASHMERE does not promise that MELANIE CASHMERE’s Content is accurate or error-free. MELANIE CASHMERE does not promise that the functional aspects of the Site or MELANIE CASHMERE’s Content will be error free or that this Site, MELANIE CASHMERE Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to MELANIE CASHMERE a right to use any content you provide for its own purposes including republication in any form or media.

No Commercial Use

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

Your Activity

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been

engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms of Sale, we may deny you access to this Site on a temporary or permanent basis.

Third Party Sites

We may include hyperlinks on this Site to other websites or resources operated by parties other than MELANIE CASHMERE, including advertisers. MELANIE CASHMERE has not reviewed all of the sites linked to its Website and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

Compensation

At our request, you agree to compensate us fully, defend us, and hold us MELANIE CASHMERE harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms of Sale by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

Our Relationship

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and MELANIE CASHMERE as a result of the Terms of Sale or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of MELANIE CASHMERE, and we shall not be liable for any representation, act, or omission on your part.

No Waiver

If you breach the Terms of Sale and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms of Sale.

General Terms

(a) These Terms of Sale and the Contract between you and us is governed by the laws of Portugal. Either you or we may bring legal actions in respect of any dispute, which arises in connection with the Contract only in the court of Portugal.

(b) If either you or we do not enforce or delay enforcing any of our rights under the Contract, this will not stop us from doing so at a later date.

(c) If any provision of these Terms of Sale is not valid or legally enforceable, that term will be deleted and the remaining terms will not be affected.

(d) No party other than you or us has any right to enforce any term of the Contract.