Terms & Conditions

Terms & Conditions of Sale

1.	FORMATION OF THE CONTRACT
1.1	These terms of sale apply to all goods supplied by Max Internet Shopping Ltd t/as MaxCleavage.com (registered in England and Wales under company number 3118151) whose registered office is (7 Victoria Business Park, short Street, Southend on Sea, SS2 5BY).
1.2	These terms should be read in conjunction with the General Terms and Conditions which shall also apply.
1.3	Your order is an offer to buy from us. There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that the goods are dispatched, a contract will be made between you and us, and you will be charged for the goods.
1.4	The Catalogue and Website is intended for non-commercial and domestic use only. Although the Supplier is willing to supply goods to commercial users, the Supplier reserves the right to refuse such orders or to require the user to purchase the goods on alternative terms and conditions of sale.
1.5	The contract is subject to your right of cancellation (see clause 5 below).
1.6	The Supplier may change these terms of sale without notice to you in relation to future sales.

2.	DESCRIPTION AND PRICE OF THE GOODS
2.1	The description and specification of the goods you order will be as shown in the Supplier’s current catalogue (the Catalogue) or on its website at [www.maxcleavage.com] (the Website) at the time you place your order. Although the Supplier takes every care to ensure that the description and specification of the goods is correct, slight variations may occur and therefore, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used by you.
2.2	The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit or debit card for the goods.
2.3	Every effort is made to ensure that prices shown in the Catalogue or shown on the Website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, the Supplier will refund or recredit you for any sum that has been paid by you or debited from your credit or debit card for the goods.
2.4	In addition to the price, you will be required to pay a delivery charge for the goods, as shown in the section of the Supplier’s catalogue or website about delivery.

3.	PRICE AND PAYMENT
3.1	The prices payable for the items that you order are clearly set out in the Catalogue or on the Website. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price provided that we notify you before we dispatch the item concerned.
3.2	The price of the goods and delivery charges are expressed inclusive of any VAT payable unless otherwise stated.
3.3	Payment for the goods and delivery charges can be made by any method shown in the Supplier’s current catalogue or shown on the Website at the time you place your order.
3.4	The Supplier uses SagePay™ to provide secure online credit and debit card payment. As such, your credit or debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order. If you have any queries in relation to SagePay™ or its secure payment services, you should contact SagePay™ via its website at www.sagepay.com.

4.	DELIVERY
4.1	The goods you order will be delivered to the address you give when you place your order. Please refer to the Catalogue or the Website for further information on the delivery charges applicable.
4.2	If delivery cannot be made to your address, the Supplier will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit card for delivery.
4.3	If there is no one at the address given who is competent to accept delivery of the goods, you will be notified of an alternative delivery date or a place to collect the goods.
4.4	Every effort will be made to deliver the goods as soon as possible after your order has been accepted, and in any event within 30 days of your order. However, the Supplier will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
4.5	You will become the owner of the goods you ordered and responsible for risk of loss of or damage to them once they have been delivered to you.

5.	YOUR RIGHT OF CANCELLATION
5.1	You have the right to cancel the contract at any time up to the end of ten working days after you receive the goods. A working day is any day other than weekends and bank or other public holidays.
5.2	To exercise your right of cancellation, you must give written notice to the Supplier by hand or post, fax or email, at the address, fax number or email address shown below, giving details of the goods ordered and (where appropriate) their delivery.
5.3	If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at the return address shown below. You shall be responsible for the cost of returning the goods to the Supplier unless the goods are faulty or defective or the Supplier has delivered the item in error. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. When returning items you are strongly recommended to use a recorded delivery method. Proof of posting is not proof of delivery. The Supplier cannot accept responsibility for parcels lost in transit.
5.4	Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or recredit you within 30 days for any sum that has been paid by you or debited from your credit or debit card for the goods.
5.5	If you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
5.6	You do not have the right to cancel the contract if the order is for goods, which by their nature cannot be returned or are liable to deteriorate or expire rapidly. The Supplier will notify you at the time your order is accepted if this applies.

6.	WARRANTY
6.1	All goods supplied by the Supplier are warranted free from defects for 3 months from the date of supply. This warranty does not affect your statutory rights as a consumer.
6.2	This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier’s instructions, or any alteration or repair carried out without the Supplier’s approval.
6.3	If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, you should notify the Supplier in writing at the address, fax number or email address shown below.

7.	DATA PROTECTION
7.1	The Supplier will take all reasonable precautions to keep the details of your order and payment secure, but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
7.2	The Supplier will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. The Supplier would like to notify you of products and offers that may be of interest to you from time to time, and if you would like to be notified of these, please tick the box below. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to the Supplier at the address, fax number or email address shown below.

8.	APPLICABLE LAW
	These terms of sale and the supply of the goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.

General Terms & Conditions

These Terms and Conditions govern your use of the Max Cleavage Limited website (the “Site”) and your relationship with Max Internet Shopping Ltd t/as MaxCleavage.com (the “Company”, “we” or “us”). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the Site. If you have any questions on the Terms and Conditions, please contact customer.services@maxcleavage.com.

1.	USE OF THE SITE
	The Site is provided to you for your personal use subject to these Terms and Conditions. By using the Site you agree to be bound by these Terms and Conditions.

2.	AMENDMENTS
	We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Site. Any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Site. The changes will apply to the use of the Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Site. If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new Terms and Conditions.

AMENDMENTS

We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Site. Any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Site. The changes will apply to the use of the Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Site. If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new Terms and Conditions.

3.	REGISTRATION
3.1	You must ensure that the details provided by you on registration or at any time are correct and complete.
3.2	You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.

4.	PASSWORD & SECURITY
4.1	When you register to use the Site you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting customer.services@maxcleavage.com immediately.
4.2	If the Company has reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account.

5.	PASSWORD & SECURITY
	The content of the Site is protected by copyright, trade marks, database right and other intellectual property rights. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from the Company.

PASSWORD & SECURITY

The content of the Site is protected by copyright, trade marks, database right and other intellectual property rights. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from the Company.

YOUR USE OF THE SITE

6.1

You may not use the Site for any of the following purposes:

6.1.1	disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
6.1.2	transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
6.1.3	interfering with any other person’s use or enjoyment of the Site; or
6.1.4	making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

6.2

You will be responsible for our losses and costs resulting from your breach of this clause 6.

7.	AVAILABILITY OF THE SITE
7.1	Although we aim to offer you the best service possible, we make no promise that the services at the Site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Site you should report it to customer.services@maxcleavage.com and we will attempt to correct the fault as soon as we reasonably can.
7.2	Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.

8.	THE COMPANY'S RIGHT TO SUSPEND OR CANCEL YOUR REGISTRATION
8.1	We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
8.2	You can cancel your registration at any time by informing us in writing at customer.services@maxcleavage.com. If you do so, you must stop using the Site.
8.3	The suspension or cancellation of your registration and your right to use the Site shall not affect either party’s statutory and/or contractual rights or liabilities.

9.	THE COMPANY'S LIABILITY
9.1	The Site may, at times, provide content from other Internet sites or resources and while the Company tries to ensure that such material included on the Site is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If the Company is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
9.2	If we are in breach of these Terms & Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use the Site. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
9.3	This clause 9 shall not limit or affect our liability resulting from any products sold through the Site being found to be unsafe or if something we do negligently causes death or personal injury.

10.	THIRD PARTY WEBSITES
	As a convenience to customers, the Site may include links to other web sites or material which are beyond our control. The Company is not responsible for content on any site outside the Site.

11.	ADVERTISING AND SPONSORSHIP
	Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.

12.	APPLICABLE LAW
	These Terms and Conditions will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.

13.	INTERNATIONAL USE
	We make no promise that materials on the Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

14.	MISCELLANEOUS
14.1	You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
14.2	If you breach these Terms and Conditions and the Company chooses to ignore this, the Company will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
14.3	The Company shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
14.4	The Site is owned and operated by Max Internet Shopping Ltd t/as MaxCleavage.com whose registered office is 7 Victoria Business Park, Short Street, Southend On Sea, SS2 5BY
14.5	If you have any queries please contact customer.services@maxcleavage.com.

Max Internet Shopping Ltd t/as MaxCleavage.com

Registered Office:

Max Internet Shopping Ltd t/as MaxCleavage.com,
7 Victoria Business Park
Short Street
Southend on Sea
SS2 5BY

Address for Returned Goods:

MaxCleavage.com
7 Victoria Business Park
Short Street
Southend on Sea
Essex
SS2 5BY

Company Number: 3118151

Telephone Number: +44 (0)845 2302377

Fax Number: +44 (0)845 2302378

Email: customer.services@maxcleavage.com