MIKIMOTO ONLINE TERMS AND CONDITIONS OF SALE
This page, together with the documents referred to on it, tells you the terms and conditions ("Terms and Conditions of Sale") on which the UK branch of K.Mikimoto & Co. Ltd ("we", "us") sell the products ("the Products") listed on our website www.mikimoto.co.uk (our "Website") to purchasers of our Products ("you"). You should read these Terms and Conditions of Sale carefully before ordering any items from our Website. By ordering any Products from our Website you agree to be bound by these Terms and Conditions of Sale. If you do not agreed to be bound by these Terms and Conditions of Sale you should not place an order through our Website.
These Terms and Conditions of Sale are governed by, and construed in accordance with, the laws of England and Wales.
Please refer to:
· section 17 for Information About Us and Contact Details;
· section 8 below setting out the Cancellation Rights, Returns and Refund Policy
1. Ordering Products Through This Website
1.1 Service Availability
Our Website is intended for use by people resident in European Union Member States. For online orders we only accept UK issued credit cards. For other EU customers, we take telephone orders via bank transfer.
1.2 Your Status
It is your responsibility to ensure that you understand these Terms and Conditions of Sale. We will only sell to adults and not children and therefore you must be at least 18 years old.
By placing an order through our Website, you confirm that you:
(a) have read and accepted these Terms and Conditions of Sale;
(b) are legally capable of entering into binding contracts; and
(c) are at least 18 years old.
If this is not the case, please do not place an order for Products or use our Website.
2. Our Contract
2.1 Any order placed through our Website constitutes an offer by you to purchase a Product from us, which is subject to our acceptance.
2.2 After placing an order with us you will receive an e-mail acknowledging that we have received your order ("Order Acknowledgment"). This does not mean that your order has been accepted.
2.3 Our Website is intended for sales to consumers only. Only those purchasing goods for personal use or as gifts, and not for commercial resale purposes, may order goods from this Website. We reserve the right to reject any order that you place through our Website, including but not limited to where we believe the orders are from any persons purchasing goods for the purposes of commercial resale.
2.4 The contract between you and Mikimoto (the "Contract") will be formed on the earlier of the time at which you receive a confirmation email from us stating that your order has been accepted (the "Order Confirmation"), or when we send you an email notifying you that your order has been despatched.
2.5 The Contract will only relate to those Products detailed in the Order Confirmation.
2.6 Where an Order Confirmation does not include all the Products you have ordered, we will not be obliged to supply the other Products unless you receive a separate Order Confirmation in respect of these Products. Where you have placed an order for more than one Product that forms part of a collection and not all of the Products are in stock, we will, where possible, contact you and give you the option to amend your order or to cancel your entire order.
2.7 We will contact you within a reasonable time following receipt of your order, usually no later than 14 days to confirm if we accept or reject your order. Where we reject your order we will refund in full any payment made by you in accordance with section 8.5.
3. Description and Depiction of Products
3.1 The Products will correspond with the written description of the Products set out on our Website.
3.2 We strive to ensure that the colours, design and style of the Products set out in the picture accompanying the description on our Website reflect those of the actual Product. However, variations due to technical, typographical, digital or photographic reasons may occur and the actual colours and depiction you see on this Website will depend on your computer monitor and other technical factors. We do not guarantee that the depiction of any Products on the Website will be accurate at any time. This does not affect your statutory rights.
3.3 If you are not entirely satisfied with your Product following receipt, please refer to the Cancellation Rights, Returns and Refund Policy in section 8 below.
4. Availability of Products
4.1 Products and services described on this Website are subject to availability. If an item becomes unavailable after you have ordered a Product from our Website and received acknowledgement of your order, Mikimoto will contact you to advise that the Product is not available and we are unable to accept your order for that Product and we will refund the amount paid by you for that Product. We may also offer you the opportunity to change your order and substitute another item of the same price, without additional charge, instead of a refund.
4.2 As set out in section 2.3 above, Mikimoto reserves the right to reject any order that you place. We also reserve the right to cease to offer any Product for sale through our Website at any time, without notice.
5.1 We will charge the price of the Product plus applicable delivery charges.
5.2 The prices of the Products are as set out on our Website from time to time.
5.3 We will charge you £10 for deliveries made within the UK or such other delivery charges notified to you at the time you place your order.
5.4 Product prices and delivery charges may change at any time without notice. However such changes will not affect the price of Products for orders in respect of which you have already received an Order Acknowledgment except in the exceptional cases of a genuine pricing error in which case sections 5.6 and 5.7 below will apply.
5.5 Product prices stated on our website include UK VAT.
5.6 It is possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price at the time you placed your order, we will charge the lower amount when despatching the Product to you. If a Product’s correct price is higher than the price stated on our Website at the time you placed your order, we will, at our discretion, either contact you for instructions before despatching the Product to confirm whether you wish to proceed with your order of that Product at the higher correct price, or reject your order and notify you of such rejection.
5.7 In the event of an error in pricing, we are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
6.1 Payment for all Products must be made at the time of submitting your order. We will only accept payment in accordance with the payment method detailed on the check-out page of our Website. You must not attempt to make payment to us by any other method as it will not be accepted by us. Payment will be processed at the time of ordering.
6.2 Your order will not be processed by us unless we have received payment for the Products you have ordered.
7.1 Products will only be shipped to the UK address, as set out in section 1.1 of these Terms and Conditions of Sale. If you wish to ship outside the UK, please contact us via the contact details set out in section 17.
7.2 All orders are gift wrapped in Mikimoto signature boxes with our original ribbons.
7.3 All Products require a signature on delivery. We recommend you inspect your package for damage or tampering before signing and accepting it.
7.4 We offer Royal Mail Next Day Delivery for £10 and Royal Mail Saturday Guaranteed Delivery for £15. All orders are normally dispatched within 1 working day and orders placed before midday are normally dispatched the same day (except weekends and bank holidays)' The Next Day Delivery service should deliver your item by 1pm on the next working day following your receipt of shipping confirmation email. The Saturday Guaranteed Delivery service should deliver your item by Saturday of the week you receive a shipping confirmation email.
7.5 You can also pick up your order at our London store. Your item should be ready to be collected within 24 hours (except for Sundays and bankholidays). Please come to our store with your order number and a photo ID or the credit card you used for your purchase.
8.1 Cancellation rights under Distance Selling Regulations
(a) As a consumer, by law, you may cancel a Contract at any time within seven working days, beginning on the day after the day on which you receive the Products. If you choose to do so, you will receive a full refund of the price paid for the Products (including the applicable original delivery charge).
(b) To cancel a Contract, you must inform us in writing (including by email) using the contact details set out in section 17. If you cancel a Contract, you must also return the Products to us in the same condition in which you received them and in accordance with section
8.2 Incorrect, damaged or defective Products
(a) If, on delivery, you find any Product comprised in your order to be incorrect, damaged, or otherwise defective, please contact us as soon as possible (and in any event within 30 days of delivery of the Product to you) using the contact details set out in section 17.
(b) Once you have contacted us, please return the Product to us in accordance with section 8.4 as soon as possible and, in any event, within 30 days of the date of notifying us under section 8.2(a) above. Please also remember to include your receipt or other proof of purchase.
(c) On receipt of the Product returned to us due to damage or defect in accordance with section 8.2(b), we will examine it to confirm that it is damaged or otherwise defective. If confirmed, we will refund any original delivery charges and any reasonable costs you incur in returning the item to us (please also ensure you provide details of these costs, and if requested evidence of such costs), in addition to the full price of the Product as soon as possible, but in any event within 30 days of receipt of the Product by us.
(d) Where you are returning to us Products sent to you incorrectly, we will despatch the correct Product to you as soon as possible following receipt by us of the incorrect Product (but in any event within 7 days of receipt of the incorrect Product provided we have the correct item in stock). We will not charge you for delivery of the replacement. In the event that the correct Product is no longer in stock, we will instead provide you with a refund of the Product price, any original delivery charges for the Product, and any reasonable costs you incurred in returning the incorrect Product to us (please also ensure you provide details of these costs, and if requested evidence of such costs).
(e) The provisions contained in this section 8.2 do not affect any statutory rights you may have as a consumer.
8.3 Returning Products for any other reason
(a) You may return for a refund Products purchased through our Website if you return them in their original packaging and condition within 14 days of the date of arrival of the Product to you. Please return products in accordance with section 8.4. Please also remember to include your receipt or other proof of purchase. We regret that we are unable to refund any Products that have been removed from their original packaging or suffered any damage or impairment attributable to your use of the Product. You will be responsible for the cost of returning the Product to us.
(b) We will examine the Product returned to us pursuant to section 8.3(a) to confirm that it is in its original packaging and condition. Provided that the Product is in its original packaging and condition, we will process the refund due to you as soon as possible and, in any event, within 30 days of receipt of the Product by us. In this case, we will refund the price of the Product but not the original delivery charges.
(c) If you wish to exchange the Product, you will need to return the Product for a refund in accordance with section 8.3(b), and then place a new order through our Website.
(d) The provisions contained in this section 8.3 do not affect any statutory rights you may have as a consumer.
8.4 General provisions applicable to all returns
(a) Products must be returned to our London branch at the address set out in section 17. We are unable to accept returns of Products purchased via this website at any other Mikimoto store.
(b) You may make returns in person at the London branch during its regular opening hours.
(c) We recommend that where you are returning Products to us (other than in person) that you use a courier service or recorded delivery to confirm that the products were received by us. We recommend that you also purchase appropriate insurance cover. Except to the extent required by law, we will not be responsible for the loss of any Products that have been sent to us which we do not receive.
(d) When returning your Product, please include your receipt (or other proof of purchase) and a brief note explaining the reason for exchange or return. Please also provide your home address and telephone number.
8.5 Any refund will be refunded by the same payment method that you used to make the original purchase.
9. Our Liability
9.1 We will not be liable for losses in your business resulting from our failure to comply with these Terms and Conditions of Sale that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
9.2 Nothing in these Terms and Conditions of Sale shall be taken to exclude or limit our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation or any other liability that cannot be excluded at law.
10. Written Communications
10.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website.
10.2 We may give written notice to you at either the e-mail or postal address you provide to us when placing an order.
10.3 For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This does not affect your statutory rights.
11. Events Outside Our Control
11.1 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 events outside our reasonable control including (without limitation):
(a) strikes or other industrial action;
(b) civil commotion, terrorist attacks or war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions of Sale, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
If any of these Terms and Conditions of Sale or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14. Entre Agreement
We intend to rely upon these Terms and Conditions of Sale and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms and Conditions of Sale to be confirmed in writing.
15. Variation of Terms
15.1 We have the right to revise and amend these Terms and Conditions of Sale from time to time without notice.
15.2 Each Contract will be subject to the policies and Terms and Conditions of Sale in force at the time that you place an order for Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
16. Governing Law and Jurisdiction
16.1 These Terms and Conditions of Sale and all Contracts for the purchase of Products through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation will be governed by English law and will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
16.2 The operation of the United Nations Convention on the International Sale of Goods shall not apply and its application is excluded in its entirety from these Terms and Conditions of Sale.
17.1 This Website is operated on behalf of the UK branch of K.Mikimoto & Co,. Ltd a branch of a Japanese registered company registered in the UK under company number BR003568. Our UK branch registered address is located at 179 New Bond Street, London W1S 4RJ. Telephone number: +44 (0)20 7399 9860, fax number: +44 (0)20 7399 9861, e-mail address: Email London Store. Our VAT registration no. is GB864427309.
17.2 You may contact us by telephone Monday to Friday between the hours of 9.30am to 5.30pm (London time) on +44 (0)20 7399 9860.
17.3 All written notices given by you to us must be sent to:
By post to:
K.Mikimoto Co., Ltd London Branch
179 New Bond Street
London W1S 4RJ
Or by e-mail to: Email London Store
17.4 All returns of Products must be returned to our London branch at the address set out in section 17.3 above.
This Website is operated on behalf of K.Mikimoto & Co., Ltd. London branch. We have an executive office at 179 New Bond Street, London W1S 4RJ. Telephone number: +44 (0)20 7399 9860, fax number: +44 (0)20 7399 9861. Whenever we refer to the company "Mikimoto" in this Website, we are referring to K.Mikimoto & Co., Ltd. To visit the website of K.Mikimoto & Co., Ltd., click here.
Mikimoto grants you a limited personal, nontransferable, non-sublicensable, revocable, worldwide license to access and make personal, non-commercial use of this Website. You may view, copy, print, and distribute limited quantities of material from this Website, as long as the material is used by you for information only and the material is used only for non-commercial purposes. Mikimoto reserves any rights not expressly granted by this Agreement.
This Website is provided by Mikimoto and is available only to people and entities able to form legally binding agreements. If you do not qualify (for instance, because you are a minor), do not use this Website
Intellectual Property Rights
All materials on this Website, and the Website itself, are protected by copyrights, trademarks and/or other intellectual property rights. These materials are owned by K. Mikimoto & Co., Ltd. or its subsidiaries or affiliates, or used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained in this Website, as well as the software used in the design and development of the Website. All rights are reserved, worldwide. The name and mark MIKIMOTO, the Mikimoto logos, the stylized letter M, and all other Mikimoto-related marks depicted in this Website, whether registered or unregistered, are trademarks or service marks of K. Mikimoto & Co., Ltd. and Mikimoto in the United States and other countries.
Restrictions on Use:
This Agreement does not grant any license to modify, alter, or frame the materials on this Website that are viewed, downloaded, or otherwise accessed by you. Your license does not include: any right of resale or of commercial use of this Website or its contents; any derivative use of this Website or its contents; or any use of data mining, robots, or similar data-gathering and extraction tools in connection with this Website. You may not remove or alter any proprietary notices, including copyright notices, contained on any downloadable materials, and you must comply with any applicable end-user license agreements. You may not input or upload onto this Website any information or computer code that is intended to, or is likely to, damage, interfere with, alter, intercept, or expropriate any system, this Website or its contents, or that infringes upon any intellectual-property rights of Mikimoto or any third party.
Inappropriate and unauthorized inputs and uploads include Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines. You are also prohibited from posting or transmitting any unlawful, threatening, obscene, libelous, or otherwise offensive material, or engaging in any kind of harassment activity via this Website or any Website linked to it.
No Website Warranty:
This Website and the contents of this Website are provided on an “as is” and “as available” basis. Mikimoto makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms, or Trojan horses) or implied warranties of merchantability or fitness for a particular purpose, with respect to this Website or its contents and expressly disclaims any representations and warranties. Mikimoto does not represent or warrant that the information contained in this Website is accurate, complete or up-to-date, that this Website is free of defects or that any defects will be remedied. You agree, by using this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this Website, and that Mikimoto shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of this Website. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you
Limitation of Liability:
IN NO EVENT SHALL MIKIMOTO, ANY DIRECT OR INDIRECT SHAREHOLDER, AFFILIATE, OTHER RELATED ENTITY, SUBSIDIARY, JOINT VENTURE, PARTNER, ENTITY IN SUBSTANTIAL COMMON CONTROL OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS TO THIS WEBSITE, FROM THE USE OF IT, FROM THE INABILITY TO USE IT, THROUGH THE DOWNLOADING OF ANY CONTENT (INCLUDING, WITHOUT LIMITATION, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE) OR IN CONNECTION WITH ANY VIRUSES, BUGS, ACTION, OR INACTION OF ANY COMPUTER SYSTEM, TELEPHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTION, OR ANY OTHER ERROR, FAILURE, OR DELAY IN DATA TRANSMISSION OR NETWORK CONNECTION, EVEN IF ADVISED OF THE POSSIBILITY OF THAT DAMAGE. Mikimoto shall have no liability for the deletion of any communications or information collected, maintained, or transmitted by this Website or the failure to store any information, including personalized settings. Mikimoto shall have no liability with respect to any information posted by users on chat rooms, bulletin boards, or other user forums.
Any comments, suggestions, testimonials, endorsements, ideas, or similar material disclosed, submitted or posted by you on this Website or in connection with it will be considered non-confidential, non-proprietary and not personal either to you or to anyone else. By disclosing, posting, or submitting any such material, you grant to Mikimoto and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, edit, publish, translate, rework, distribute, and display that material without compensation or acknowledgment of source.
At any time, and without notice, Mikimoto may modify, update, or otherwise change any term of this Agreement or this Website. You agree that you are deemed to be apprised of, and that you are bound by, any such changes immediately upon its posting. We encourage you to visit this Website from time to time to review the current version of the Agreement.
Mikimoto may, through its sole discretion, terminate or cancel your use of this Website or terminate or cancel this Agreement for any reason, without prior notice. Upon termination or cancellation of this Agreement, you will immediately discontinue use of this Website.
Through its sole discretion, and at any time, Mikimoto may also discontinue providing this Website or any part of it, with or without notice. Mikimoto shall not be liable to you or any third party for any of the foregoing. Parts or all of this Agreement shall survive termination or cancellation of this Agreement and the termination or cancellation of your use of this Website.
Links to Other Websites:
Although this Website may contain links to other Websites, Mikimoto has no control over those linked Websites. You acknowledge and agree that Mikimoto is not responsible for the availability of those linked Websites or their content. Mikimoto provides links as a convenience and does not endorse the proprietors or content of any linked Websites, including any linked Website of any company related to Mikimoto, in control of it, or under common control with it. MIKIMOTO DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND REGARDING ANY LINKED SITE OR ANY PRODUCT OR SERVICE PROVIDED VIA ANY LINKED WEBSITE.
Caching, Linking, and Framing by You:
Mikimoto prohibits caching of any portion of this Website and any unauthorized links to this Website and unauthorized framing of it. Mikimoto reserves the right to disable any unauthorized links or frames.
All notices and other communications to Mikimoto shall be in writing, must be given by certified mail, return receipt requested and must be addressed to Mikimoto at the address set forth for it in this Website at the time of delivery.
Effect of Waiver or Consent:
A waiver or consent, express or implied, to or of any breach by you, or any delay in enforcement of any provision of this Agreement on the part of Mikimoto, will not constitute a consent to, or waiver of, any other breach or default by you of the same or any other obligations of you. Failure on the part of Mikimoto to complain of any act of yours or to declare you in breach or default, irrespective of how long that failure continues, does not constitute a waiver by Mikimoto of its rights with respect to that default until the applicable statute-of-limitations period has expired.
Information Mikimoto Collects
Use of Information You Provide
If you give us your personal information, we will use this information to register you with our Website, to administer our Website services, and/or to process any orders you may place online. We will send you announcements or communications by email only if you give us your permission by submitting your personal details. Otherwise, we use your information only to review our performance and to improve our services to you, or to communicate with you about your order if you have placed an online order.
Sharing of Your Information
Mikimoto does not sell, rent or disclose our customers’ names, addresses, email addresses or other personal information to any non-Mikimoto entity. Mikimoto may share customer information within the Mikimoto organization, so that you may be informed of other products that may be of interest to you. Further, in order to maintain our Website and provide for customer communications, Mikimoto contracts with selected third parties, solely for the purpose of assisting Mikimoto in these endeavors and subject to contractual confidentiality obligations. We do not otherwise disclose your information to third parties, unless required by law or in connection with a legal claim or proceeding.
Mikimoto uses appropriate security measure to protect the information you give us. However, while we take all reasonable steps to protect your personal information, you accept that no Internet data transmission can be guaranteed to be secure from access by unintended recipients and will not hold us responsible for any breach of security unless this is due to our willful failure or gross negligence.
Disclosure of Content Monitoring
Although Mikimoto has no obligation to monitor any information provided to this Website by its users, including information that you provide, Mikimoto reserves the right to monitor, retain, and disclose that information if required to do so by law or in a good-faith belief that disclosure is reasonably necessary to comply with legal requirements, to respond to claims that any information violates the rights of third parties, or to protect the rights, property, or personal safety of Mikimoto, its users, or the public.