Online Terms and Conditions for the Sale of Goods
If you are a Trade Customer please see our separate Online Terms & Conditions for Trade Customers (Business to Business).
This Website is owned and operated by Melya & Co Trading Ltd trading as melya cosmetics a Company Registered in England and Wales (Registration No. 9728324). Registered Office Address 5 – 7 Beatrice St, Oswestry, Shropshire SY11 1QE.
Unless we say otherwise, we use the terms, melya cosmetics, Melya & Co Trading Ltd, “we” and “us” on this website to refer to Melya & Co Trading Ltd throughout the Website Terms and Conditions which include; – Website Terms of Use, General Terms and Conditions of Sale and Privacy Statement & Cookies Policy.
These Website Terms and Conditions apply to your use of the melya cosmetics Website at www.melyacosmetics.com (the “Website”) and to any order you place on the Website. The Website Terms and Conditions apply regardless of how you access the Website, including any technologies or devices by which Melya & Co Trading Ltd makes the Website available to you. We recommend that you print and keep a copy of these Terms and Conditions for your future reference. By accessing, browsing, using, registering with, or placing an order on the Website, you confirm that you have read, understood and agree to these Website Terms in their entirety. If you do not agree to these Website Terms in their entirety, please do not use this Website. If you have any queries about these terms and conditions, please contact us.
Website Accessibility – We recognise the importance of providing a website that is accessible to all users. Please contact us if you have any questions or feedback regarding the accessibility of this site or if you experience any difficulty using it.
Email contact – info@melyacosmetics.com
Telephone Contact – 07948479897 Monday to Friday 9:30am to 2:00pm excluding Bank Holidays or email us at info@melyacosmetics.com providing a telephone number and a convenient time to call and we will call you.
- General terms and conditions.
1.1 Ownership of rights. melya is the UK Registered Trademark of Melya & Co Trading Ltd. (No. UK00003122006) All rights, including copyright, in this website are owned by or licensed to Melya & Co Trading Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
1.2 Accuracy of content. We have taken particular care in the preparation of this website, to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately.
1.3 Prices are displayed in Pounds Sterling inclusive of UK VAT at the current rates (where applicable) and any carriage and packaging costs and are correct at the time of entering information. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website.
1.4 Packaging may vary from that shown on the Website. Any weights, dimensions and capacities given about the goods are approximate only.
1.5 Product Colours. Whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.
1.6 Health and Safety. All our products are sealed for consumer protection. For hygiene reasons we will not accept the return of any products due to wrong colour ordering where the seal is broken or that we reasonably believe have been used
1.7 Security. We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that you have the right equipment available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment resulting from use of this website.
1.8 Privacy You acknowledge and agree to be bound by the terms of our Privacy Statement and Cookies Policy
- The Contract between us.
2.1 Availability. All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by email or phone using the details you have provided. You will have the option either to wait until the item is available from stock or to cancel your order.
2.2 Price. The prices payable for goods that you order are as set out on our website and in your order confirmation. All prices are in Pounds Sterling inclusive of UK VAT (where applicable) at the current rates and any carriage and packaging costs and are correct at the time of entering information.
2.2.1 Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.
2.2.2 Promotions. Occasionally we will offer promotions and may restrict redemption to one per Customer. Excessive misuse of promotions and codes may result in order or item cancellation.
2.3 Payment. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.
2.3.1 The duration of our contract with you will start from when you receive the order dispatch email and last until the last day of your right to cancel.
2.4 Payment Method. Payments must be made in Pounds Sterling. We accept the following major credit and debit cards:-
Credit Cards – Mastercard and Visa.
Debit Cards – Visa Debit, Visa Electron, MasterCard Debit, Maestro and Solo.
The charge will be listed on your credit card bill / Bank Statement as: “MELYACOTRAD” (and total amount charged)
2.4.1 We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.
2.5 Confirmation of your order. To enable us to process your order, you will need to provide us with your email address. We will notify you by email as soon as possible to confirm receipt and details of your order. For the avoidance of doubt, this correspondence is not a receipt and does not constitute a contract between us.
2.6 Accuracy of information you provide. Please ensure that the email address you use when placing your order is valid, correctly spelled and will accept emails from the melyacosmetics.com domain. If you have not received your Order Confirmation within 48 hours of placing your Order and you have checked that it has not gone into your Spam, Junk Mail or any other Folder – please contact us by email or telephone.
2.7 Confirmation of dispatch. We will notify you by email when we dispatch your Order.
- Ordering
3.1 Ordering errors. It is possible for you to correct errors on your order up to the point on which you click on “submit” or “Checkout” during the ordering process. Please review and check your order carefully before submitting it to us. Clicking on “submit” or “checkout” creates an obligation to pay.
3.1.2 If we notice something that appears to be an error in your order, we will contact you via email for verification.
3.2 Incorrect Delivery Address. We cannot accept responsibility for Orders that have been shipped to an incorrect address due to inaccurate / incorrect or out – dated delivery address information provided by the Customer.
3.2.1 Re – shipping Orders that have been returned to us due to inaccurate / incorrect delivery address provided by the Customer will be re-shipped to the new / correct address. We reserve the right to make a reasonable shipping charge for re-sending the Order.
3.2.2 Orders returned to us due to incorrect delivery address may take up to 3 weeks. We will re-send the Order only after we have received it back from the shipping supplier.
- Shipping / Delivery charges
4.1 Delivery Area. We only deliver to UK addresses. Orders are processed and dispatched on business days only (Monday through Friday, excluding bank holidays).
4.2 PO Box Addresses. – we do not deliver to PO Box addresses.
4.3 Delivery charges. Delivery is free for a single order delivered to a single UK address unless you opt for UK Guaranteed Royal Mail Special Delivery – next day by 1pm.
4.3.1 “Signed for delivery” Orders over £75.00 require a signature upon delivery. If you are not there to sign for your order, Royal Mail will leave a telephone number for you to call to make alternative arrangements.
Our delivery details are set out in our website here. It may not be possible for us to deliver to some locations.
4.4 Delivery address. We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate and includes your name.
4.5 Change of delivery address. We cannot accept changes of shipping address once payment has been made for the Order. Requests to change the shipping address prior to dispatch will require cancellation / refund and re – order using the new address.
4.6 Loss / Damage. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence).
4.7 Delivery Times. We cannot be held responsible for delivery delays caused by our shipping suppliers. If you have not received your order after 5 – 7 working days from the date that you received your “Confirmation of Dispatch” email from us, please contact us at info@melyacosmetics.com and we will investigate with the shipping supplier.
We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. In the unlikely event that delivery is delayed beyond this time, we will contact you by email or telephone and either agree a mutually acceptable alternative delivery date, or offer you a full refund.
4.8 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
- Risk and ownership. Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered.
- Your right to cancel.
6.1 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 state that you have the right to cancel all or part of your contract / order up to 14 calendar days after the day on which you receive your goods.
6.2 The Regulations state that the goods should be returned to us at your cost and risk within 14 days of our receipt of your Notice of Cancellation. If you opted for UK Guaranteed Royal Mail Special Delivery – next day by 1pm we will not refund the delivery charge. You will receive your refund once we have received all the goods that you wish to return. We must process your refund within 14 days of receipt of the products, to our return address noted at point 8.
6.3 Applicability of Cancellation rights:
All our products are sealed for your protection. Statutory rights of cancellation under the Regulations available for UK or EU consumers do not apply to certain products and services, for example; – for hygiene reasons, to any products with a seal where the seal is broken.
Please Note: In relation to point 6.3 – We cannot accept goods returned with a broken seal or that we reasonably believe have been used. In such circumstances, we will notify you that no refund will be available and you will be responsible for arranging for such goods to be returned to you at your cost within 28 days of our notification.
- Our Cancellation/Notification Procedure under the 2013 Regulations.
7.1 Cancellation following receipt of the goods – you should notify us by email as soon as possible but in accordance with the Regulations within 14 calendar days after the day on which you received the goods at info@melyacosmetics.com entering “Cancellation of Order” and your Order number into the subject box and call us on 07948479897 or provide a telephone number on which we may call you prior to you returning the goods.
7.2 Cancellation before dispatch of Order If you cancel your Order before it is dispatched we will refund any sum debited by us from your credit or debit card within 14 calendar days of the date on which we receive your Notice of Cancellation
7.3 Cancellation following dispatch of Order but prior to delivery. If you cancel your contract but we advise you that we have already processed the goods for delivery, you should not unpack the goods when you receive them and you must send the goods back to us at our return address at your own cost and risk as soon as possible and in any event within 14 calendar days of the date on which we receive your Notice of Cancellation.
7.4 Return of goods. Please await our call to confirm return authorisation before you return any cancelled item(s).
7.5 You must take good care of the goods that you wish to cancel. Products should be returned in or with their original packaging to our return address at point 8 or collection arrangements made, promptly at your cost and risk and in any event within 14 days of the date on which we receive your Notice of Cancellation.
7.6 Delivery Note / Notice of Cancellation / Return Form Please place the completed Notice of Cancellation Form** in the return package. **If you do not wish to complete this Form you can communicate the Cancellation of your Order by making a clear Statement of the reason(s) for cancellation in your email to us.
7.7 Damage prevention when returning products: If you choose to return any products to us, please ensure that items for return are packed with sufficient care to ensure damage does not occur in transit. We will not accept responsibility for damage to returned items caused by insufficient packaging or for any loss or damage to them in transit. If returned products are lost or damaged in transit, we reserve the right to charge you or not to refund any amounts attributable to such loss or damage. For this reason, we recommend that you use a postal service that provides proof of posting and delivery such as “Royal Mail UK Signed For” so that you may if necessary, claim compensation for any loss or damage to the goods.
7.8 This cancellation policy is only applicable to purchases made online from this website, we are unable to process returns for purchases made within a retail location.
- Address for return of goods. Also included on the Delivery Note / Return Form as a tear off slip.
melya Cosmetics
The Post Office
Old Whittington Rd
Gobowen
Shropshire
SY11 3JL
- Cancellation Refunds.
9.1 For hygiene reasons we will not accept the return of any products where the seal is broken or that we reasonably believe have been used as noted in points 1.6 & 6.3
9.2 Once you have notified us that you are cancelling your contract and we have received the goods back at your cost, unused, with seals intact and in or with their original undamaged packaging we will refund any sum debited by us from your credit or debit card within 14 calendar days. If you opted for UK Guaranteed Royal Mail Special Delivery – next day by 1pm we will not refund the delivery charge.
9.3 We may make a deduction from your refund for any loss in the value of the goods supplied if the loss results from unnecessary handling by you, for example breaking seals, using the goods prior to cancellation.
- Cancellation by us. We reserve the right not to process your order if:
10.1 We have insufficient stock to deliver the goods you have ordered;
10.2 We do not deliver to your area; or
10.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
10.4 If we do not process your order for the above reasons, we will notify you by email and re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.
- If there is a problem with the goods.
11.1 You should, without delay, check all products you receive against your order.
If you have any questions or concerns about the goods please contact us without delay at info@melyacosmetics.com and / or call us on 07948479897 or provide a telephone number on which we may call you
11.2 We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).
11.3 If you wish to exercise your legal rights to reject goods which do not conform with the Act in circumstances such as;-
11.3.1 Faulty or Damaged Goods: Goods damaged in transit
11.3.2 Incorrectly Supplied Products: – wrong item(s) were shipped
11.3.3 Incorrectly described goods – goods do not match the product description.
Please note;- All our products are sealed for consumer protection. For hygiene reasons we will not accept the return of any products due to wrong colour ordering, incorrect goods or incorrectly described goods where the seal is broken or that we reasonably believe have been used as noted in points 1.6, 6.3 & 9.1
11.3.4 If you wish to return goods you must email us at info@melyacosmetics.com entering “Product Return” and your Order no. in the subject box detailing the reason for return and call us on 07948479897 or provide a telephone number on which we may call you. For goods damaged in transit please attach a photograph(s) of the damage to your email so that we may pursue with our shipping provider.
11.3.5 Return of goods. Please await our telephone authorisation before you return any item(s) in this category 11. Goods must then be returned without delay.
11.3.6 You must take good care of the goods that you wish to return. Products should be returned in or with their original packaging to our specified return address noted at point 8 or collection arrangements made promptly (if they are not suitable for posting) you must allow us to collect them from you. We will refund the cost of your return postage up to the value of Royal Mail UK Signed For, 2nd class.
11.3.7 Delivery Note / Notice of Cancellation / Return Form Please place the completed Return Form** in the return package. **If you do not wish to complete this Form you can communicate the reason(s) for the return of your Order by making a clear Statement of the reason(s) in your email to us.
11.3.8 Damage prevention when returning products. Please see Section 7.7
11.3.9 Replacement product – In the case of faulty, damaged or incorrectly supplied goods, we may offer you a replacement product.
11.3.10 Refunds will be made to the debit/credit card account you provided when you placed your order and will be subject to our right to withhold amounts for products which are lost or damaged on return or for which we arrange collection, as outlined above.
12. Complaints procedure. In the unlikely event that we are unable to resolve any concerns that you may have raised in relation to our products / services you may wish to access our Internal Complaints Procedure. If so, please email info@melyacosmetics.com entering “Complaint” and your Order number in the subject heading. We will then provide you with a copy of our Internal Complaints Procedure which sets out how you may submit your complaint and how we will respond including timescales.
Alternative Dispute Regulations 2015 (ADR). In the unlikely event that we are unable to resolve a complaint with you directly, and you have exhausted our internal complaints procedure and remain dissatisfied with our response you have the right to refer the dispute for ADR. ADR is a process whereby an independent body considers the facts of a dispute and seeks to resolve it without the need to involve the Court. The Regulations require all traders to signpost their consumers to a government authorised consumer redress scheme.
Cosmetic Redress Scheme. We are members of the Cosmetic Redress Scheme, a specialist scheme for the cosmetic market authorised by the Chartered Trading Standards Institute to offer ADR. As Members we are committed to complying with our consumer law responsibilities and will deal with any complaints in a prompt and professional manner.
If you decide to use this service please refer to https://www.cosmeticredress.co.uk email: info@cosmeticredress.co.uk Tel 0345 362 3123. Please provide our email address info@melyacosmetics.com to Cosmetic Redress Scheme. Our Membership No: is CRS000675. Cosmetic Redress Scheme will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
- Liability.
13.1 Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery we will provide you with a full refund as per point 4.8.
13.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
13.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
13.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Act) relating to faulty and/or miss described goods.
- Notices. Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact email address info@melyacosmetics.com All notices from us to you will be displayed on our website from time to time.
- Changes to legal notices. Melya & Co Trading Ltd reserves the right to alter these terms and conditions from time to time by posting new Terms and Conditions on this website and you should look through them as often as possible.
- Law, jurisdiction and language. This website, any content contained therein and any contract brought into being as a result of using this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
- Invalidity. If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
- Third party rights. Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
These Terms and Conditions are not intended to be a full statement of your Consumer Rights. Full details of your rights are available in the UK via https://www.citizensadvice.org.uk.
Terms & Conditions updated 25th February 2020