Terms of Sale

Terms of Sale

These terms (together with our Privacy Policy , Cookie Policy and Terms of Use tells you information about us and the legal terms and conditions (Terms) on which we sell any of the Maille products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you do not to accept these Terms, you will not be able to order any Products from our site.

We amend these Terms from time to time as set out in clause 5. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

You may only purchase Products from our site if you are 18 years or older.

These Terms, and any Contract between us, are only in the English language.

1. INFORMATION ABOUT US

1.1 We are MBUK Trading Limited UK, a company registered in England under company number 8551791 with our registered office at 100 Victoria Embankment, London, EC4Y 0DY. Our VAT number is 171 7765 82

1.2 Contacting us

(a) To cancel a Contract in accordance with your legal right to do so please refer to the terms set out below.

(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0800 121 8098 between 08:00-18:00 Monday - Friday by using our secure Contact form or by emailing us at eboutique.contact@maille.com. Due to the volume of emails we receive please allow 72 hours for a response.

If we have to contact you or give you notice in writing, we will do so by phone, e-mail or by post to the contact details you provide to us in your order.

2. OUR PRODUCTS

2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the Products accurately your Products may vary slightly from those images.

2.2 The packaging of the Products may vary from that shown on images on our site.

3. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our Privacy Policy. Please take the time to read it, as it includes important terms which apply to you

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

4.2 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.

4.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.

4.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

5. OUR RIGHT TO VARY THESE TERMS

5.1 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances changes in relevant laws and regulatory requirements.

5.2 We may amend these Terms from time to time.

5.3 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

5.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

6. YOUR RIGHT OF RETURN AND REFUND

6.1 You have a legal right to cancel a Contract under the Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.

6.2 However, this cancellation right does not apply where the seal on any food Product is broken after you receive it. Neither does this apply to mustard fresh from the pump or vinegar fresh from the barrel purchased from our website, once received.

6.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

Your Contract End of the cancellation period

Your Contract is for a single Product or several Products (which is not delivered in instalments on separate days).

The end date is the end of 14 days after the day on which you receive the Product. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product (s) on 10 January you may cancel all or part of the order at any time between 1 January and the end of the day on 24 January.

Your Contract is for: • One Product which is delivered in instalments on separate days. • Multiple Products which are delivered on separate days.

The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.

Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.

6.4 To cancel a Contract, you just need to let us know that you have decided to cancel. You can do this by either: (i) completing the cancellation form on our website; (ii) emailing us via our Contact form or (iii) by contacting our Customer Services team by telephone on 0800 121 8098 between 08:00-18:00 Monday – Friday

6.5 If you cancel your Contract we will:

(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.

(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer to your address (provided that this is a common and generally acceptable method).

(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(i) if you have received the Product 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see our Returns Information;

(ii) if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.

6.6 If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

6.7 We will refund you using the same payment card or account by which you made payment to us

6.8 If a Product has been delivered to you before you decide to cancel your Contract:

(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please see our Returns Information for details of how to do this;

(b) unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us.

Please note that neither mustard SERVED FRESH FROM THE PUMP or vinegar SERVED FRESH FROM THE BARREL, nor items that have been opened, can be exchanged or returned.

6.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund or anything else in these Terms.

6.10 To initiate a product return, either (i) contact our Customer Services team by telephone on 0800 121 8098 between 08:00-18:00 Monday – Friday or ii) email us via our Contact form and they will provide you with return instructions.

Unfortunately, items purchased on this Site cannot be returned to a Maille retail location, and items purchased at a Maille retail location can only be returned to the respective boutique where the purchase was made.

If you are returning an online purchase given as a gift, you will receive a credit for the merchandise value at the time of purchase, to be redeemed exclusively on this Site.

Please note that: (i) an original receipt or a gift receipt is required to process all returns; (ii) we reserve the right to deny a refund or credit if the returned merchandise does not comply with these Terms of Sale; (iii) shipping and handling charges for returned items are non-refundable (unless we made an error with your order); and (iv) it may take us up to two (2) weeks to process your return after our receipt.

7. ORDERS AND DELIVERY

7.1 General Order Information

Orders for in-stock Products are generally processed and shipped within two (2) business days. If you select Express Delivery during the checkout process, your order will be prioritised.

If Product is out of stock, this will be flagged on the Site and you will have the option to receive an email notification when the product is back in stock. In the unlikely event that an item you order is out of stock, our Customer Service team will contact you and you will have the option to either place an updated order (without the out of stock item) or cancel the entire order. In either case you can request to be notified by email when the product is back in stock.

7.2 Delivery Information

Orders will only be shipped and delivered to addresses located within the United Kingdom and other selected international locations. Orders may only be shipped to one delivery address.

Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.

You own the Products once we have received payment in full, including all applicable delivery charges.

7.3 Multiple Deliveries

The Product you order may arrive in more than one box, but you will not incur any additional delivery charges under such circumstances. The total charges for all shipments, including the delivery charges, will equal the total for the entire order stated during the checkout process.

7.4 Delivery Methods

We offer the following delivery options:

UK (incl. N. Ireland)    
Standard Delivery Within 5 business days £3.95
Express Delivery 1 - 3 business days £9.95
International Delivery    
International Zone 1 - Standard Delivery Ireland - within 5 business days £9.95
International Zone 2 - Standard Delivery Denmark, Finland, Italy, Spain and Sweden - within 5 business days £14.95

Please note that your package will not be delivered on weekends or Public Holidays, and that Public Holidays may impact delivery times.

7.5 Occasionally our delivery to you may be affected by an Event Outside Our Control. See below for our responsibilities when this happens.

7.6 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.

7.7 You own the Products once we have received payment in full, including all applicable delivery charges.

7.8 If we do not meet the agreed delivery deadline for any Products then you may cancel your Order by telephoning our customer service team on 0800 121 8098 between 08:00-18:00 Monday – Friday or by using our ">Contact form

7.9 If you do not wish to cancel your order straight away, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.

7.10 If you do choose to cancel your Order for late delivery, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.

7.11 TERMS AND CONDITIONS FOR FREE DELIVERY OVER £40

- Offer only applies when the customer spends £40 of more, excluding delivery or handling charges.

- Offer only applies to delivery to the UK.

- Offer only applies to UK Standard Delivery.

 

 

8. DEFECTIVE OR DAMAGED MERCHANDISE

In the event that we processed your order incorrectly, or that you received a defective or damaged item, please (i) call Customer Service on 0800 121 8098 between (08:00-18:00 Monday – Friday or (ii) send a secure message to Customer Service via our ">Contact form, and we will provide a full refund and/or replace the item in accordance with clause 6.7. On some occasions, we will require defective or damaged items to be returned.

9. PRICE AND PAYMENT

9.1 It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover this error before we accept your Order we are not required to sell the Products to you at the price shown. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option or reconfirming your Order at the correct price or cancelling it. If you cancel your Order and you have already paid for the goods (but they have not yet been dispatched) you will receive a full refund.

9.2 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

9.3 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

10. HOW TO PAY

10.1 You can pay for Products using a debit card or credit card (we accept Mastercard, Visa and American Express) or by PayPal. If you choose to pay by PayPal, PayPal Terms and Conditions will apply.

10.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.

11. OUR LIABILITY TO YOU

11.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

11.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.3 We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protection Act 1987.

12. PROMOTIONS

12.1 From time to time we will offer various promotions that can be applied to your order using a promotional code, which we will provide to you. You should enter the applicable promotion code in the space provided in the Cart/Basket, before you submit your order. The value of the promotion will be applied to your order (but may not be displayed as a separate line item).

While the terms and conditions for each promotion will vary, most of our offers last for a limited time, and have associated promotional codes that can only be used once per customer, and cannot be combined with other offers. Promotional delivery offers will apply to orders that meet the terms and conditions for that particular promotional guidelines, such as the applicable merchandise total (before delivery/handling charges are applied) and the requirement that the order be delivered to a single address. Generally, shipping promotions will only apply to UK Standard Delivery, unless otherwise noted.

Some offers will not have an associated promotional code – they can simply be added to your shopping basket, and the promotion will be applied, as long as you have met the other offer requirements.

12.2 If you have any questions about a promotion, or whether your order qualifies, feel free to (i) call Customer Service on 0800 121 8098 between 08:00 – 18:00 Monday through Friday, or send a secure message to Customer Service via our ">Contact form

12.a Spend £60 get 20% OFF, spend £40 get 10% OFF on selected products

- Offer available through 16th July 2017
- spend £60 get 20% OFF your order on selected products
- spend £40 get 10% OFF you order on selected products
- Offer can only be applied on selected products.
All products are eligible with exception stated below:

CODE BUNDLE NAME
GB100141US Summer :Selection
FM125017UK Black truffle cep and Chablis mustard

 

-Offer only applicable on maille.com applied automatically at checkout.


12.b 10% OFF our Truffle & Cep Mustards 125g

- Available until 16th July 2017 inclusive.

- Discount applied automaticaly at checkout

- Whilst stock last

- This promotion cannot be combined with other promotions

 

 

 

 

13. EVENTS OUTSIDE OUR CONTROL

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an event outside our control.

13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

13.4 You may cancel a Contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

14. OTHER IMPORTANT TERMS

14.1 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

14.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

14.3 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law.

14.4 Maille may agree to alternative online dispute resolution (“ODR”) if you and we cannot resolve a dispute between us informally. For more information on ODR see http://ec.europa.eu/consumers/odr/. In the event that a dispute is not resolved outside of the courts, you and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction unless you are a resident of Northern Ireland then you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.



15. TERMS AND CONDITIONS FOR NOTONTHEHIGHSTREET.COM

15.1 Personalised Maille gift collections offered are in partnership with Intervino and are available to order from Notonthehighstreet.com.

15.2 For any questions related to the delivery and return of products, quality of the gift box packaging and customer experience or purchase process on Notonthehighstreet.com please contact Intervino via the instructions on Notonthgehighstreet.com.

15.3 For all enquiries related to product content, ingredients, product quality issues, product availability, allergens and any other information relating the Maille products, please contact Customer Care on 0800 121 8098



16. Contest

- Maille BBQ Recipe Contest

16.1 This promotion is open to residents of the UK aged 18 or over, except employees of the Promoter, their families, agents or anyone professionally connected with the promotion.

16.2 To enter, visit Maille.com competition page and complete the registration form with your email address, first and last name.

16.3 The opening date for entries is 5pm GMT on 20/07/2017 and the closing date for receipt of entries is 12am GMT on 06/08/2017.

16.4 The promotion is limited to one entry per email account. There are 5 prizes to be won.

16.5 No applications from agents, third parties, organised groups or applications automatically generated by computer will be accepted. No incomplete or corrupted entries will be accepted. Entries will only be accepted if they comply with all entry instructions.

16.6 Responsibility is not accepted for entries lost, damaged or delayed as a result of any network, computer hardware or software failure of any kind.

16.7 By participating in this promotion, you agree to release, discharge and hold us harmless from any and all injuries, liability, losses and damages of any kind resulting from your participation in this promotion (save that nothing shall limit our liability for fraud, or for death or personal injury caused by our negligence).

16.8 There are five prizes to be won, this prize is 5 Grill stock the BBQ book worth £20/book.

16.9 The first entry drawn at random by computerised draw from all entries received by the closing date will win the prize. In the event of any dispute, the decision of the Promoter is final. In the event of unforeseen circumstances the Promoter reserves the right to substitute the prize for an alternative of equal or greater value. No correspondence will be entered into.

16.10 The winner will be notified by email within 2 days of the closing date. The winner must claim their prize by responding to the mail confirming their full name and address within 28 days of the notification. If the prize is unclaimed after this time, it will lapse and the Promoter reserves the right to offer the unclaimed prize to a substitute winner selected in accordance with the promotion rules.

16.11 By entering the promotion, all entrants will be deemed to have accepted and be bound by the rules and consent to the transfer of their personal data to the Data Controller for the purposes of the administration of this promotion and any other purposes to which the entrant has consented. All entry instructions form part of the rules.

16.12 These terms and conditions and any issues or disputes which may arise out of or in connection with these terms and conditions (whether such disputes or issues are contractual or non-contractual in nature, such as claims in tort, for breach of statute or regulation or otherwise) shall be governed by and construed in accordance with English law. Entrants hereby irrevocably submit to the exclusive jurisdiction of the English courts to settle any such dispute or issues.

- 17 Evening for 4 Contest

17.1 This promotion is open to residents of the UK aged 18 or over, except employees of the Promoter, their families, agents or anyone professionally connected with the promotion.

17.2 To enter, visit Maille.com competition page and complete the registration form with your email address, first and last name.

17.3 The opening date for entries is 5pm GMT on 21/07/2017 and the closing date for receipt of entries is 12am GMT on 12/08/2017.

17.4 The promotion is limited to one entry per email account. There is one prize to be won.

17.5 No applications from agents, third parties, organised groups or applications automatically generated by computer will be accepted. No incomplete or corrupted entries will be accepted. Entries will only be accepted if they comply with all entry instructions.

17.6 Responsibility is not accepted for entries lost, damaged or delayed as a result of any network, computer hardware or software failure of any kind.

17.7 By participating in this promotion, you agree to release, discharge and hold us harmless from any and all injuries, liability, losses and damages of any kind resulting from your participation in this promotion (save that nothing shall limit our liability for fraud, or for death or personal injury caused by our negligence).

17.8 There is one prize to be won, this prize is an evening for 4 people, with international renowned Mustard Sommelier Harry D Lalousis

17.9 The first entry drawn at random by computerised draw from all entries received by the closing date will win the prize. In the event of any dispute, the decision of the Promoter is final. In the event of unforeseen circumstances the Promoter reserves the right to substitute the prize for an alternative of equal or greater value. No correspondence will be entered into.

17.10 The winner will be notified by email within 2 days of the closing date. The winner must claim their prize by responding to the mail confirming their full name and address within 28 days of the notification. If the prize is unclaimed after this time, it will lapse and the Promoter reserves the right to offer the unclaimed prize to a substitute winner selected in accordance with the promotion rules.

17.11 By entering the promotion, all entrants will be deemed to have accepted and be bound by the rules and consent to the transfer of their personal data to the Data Controller for the purposes of the administration of this promotion and any other purposes to which the entrant has consented. All entry instructions form part of the rules.

17.12 These terms and conditions and any issues or disputes which may arise out of or in connection with these terms and conditions (whether such disputes or issues are contractual or non-contractual in nature, such as claims in tort, for breach of statute or regulation or otherwise) shall be governed by and construed in accordance with English law. Entrants hereby irrevocably submit to the exclusive jurisdiction of the English courts to settle any such dispute or issues.

- 18 Maille Recipe Book Contest

18.1 This promotion is open to residents of the UK aged 18 or over, except employees of the Promoter, their families, agents or anyone professionally connected with the promotion.

18.2 To enter, visit Maille.com competition page and complete the registration form with your email address, first and last name.

18.3 The opening date for entries is 5pm GMT on 02/08/2017 and the closing date for receipt of entries is 12am GMT on 28/08/2017.

18.4 The promotion is limited to one entry per email account. There are 5 prizes to be won.

18.5 No applications from agents, third parties, organised groups or applications automatically generated by computer will be accepted. No incomplete or corrupted entries will be accepted. Entries will only be accepted if they comply with all entry instructions.

18.6 Responsibility is not accepted for entries lost, damaged or delayed as a result of any network, computer hardware or software failure of any kind.

18.7 By participating in this promotion, you agree to release, discharge and hold us harmless from any and all injuries, liability, losses and damages of any kind resulting from your participation in this promotion (save that nothing shall limit our liability for fraud, or for death or personal injury caused by our negligence).

18.8 There are five prizes to be won, this prize is Maille Recipe book worth £37.5/book.

18.9 The first entry drawn at random by computerised draw from all entries received by the closing date will win the prize. In the event of any dispute, the decision of the Promoter is final. In the event of unforeseen circumstances the Promoter reserves the right to substitute the prize for an alternative of equal or greater value. No correspondence will be entered into.

18.10 The winner will be notified by email within 2 days of the closing date. The winner must claim their prize by responding to the mail confirming their full name and address within 28 days of the notification. If the prize is unclaimed after this time, it will lapse and the Promoter reserves the right to offer the unclaimed prize to a substitute winner selected in accordance with the promotion rules.

18.11 By entering the promotion, all entrants will be deemed to have accepted and be bound by the rules and consent to the transfer of their personal data to the Data Controller for the purposes of the administration of this promotion and any other purposes to which the entrant has consented. All entry instructions form part of the rules.

18.12 These terms and conditions and any issues or disputes which may arise out of or in connection with these terms and conditions (whether such disputes or issues are contractual or non-contractual in nature, such as claims in tort, for breach of statute or regulation or otherwise) shall be governed by and construed in accordance with English law. Entrants hereby irrevocably submit to the exclusive jurisdiction of the English courts to settle any such dispute or issues.