Terms of sale
• 1 - Terminology
• 2 - Purpose
• 3 - Creating an account
• 4 - Placing an Order
• 5 - Confirmation of order
• 6 - Price and delivery costs
• 7 - Payment
• 8 - Delivery
• 9 - Product compliance - Warranty - Cancellations
• 10 - Product conditions of use
• 11 - Liability
• 12 - Privacy
• 13 - Suspension - Termination
• 14 - Industrial and Intellectual property rights
• 15 - Miscelanneous
• 16 - Law - Disputes
Preambule [back to menu]
The Website www.madeindesign.co.uk is owned and operated by the company MADE IN DESIGN SAS, based at Espace Comboire Nord/Sud, 32 rue Comboire, Bâtiment A2, 38130 Echirolles, in France, registered under SIRET number: 424 474 609 RCS Grenoble (« Made in Design »). The French VAT number is FR79424474609 and the UK VAT number is GB929386184.
For any information regarding Orders or for any complaints to make, the Customer Service’s contact details are:
- by e-mail : via the direct contact form available from our contact page at http://www.madeindesign.co.uk/contact.html
- by phone : + 44 (0)207 692 4001 (UK local rate) from 8am until 5pm – Monday to Friday.
- by mail to the address Made in Design – Customer Service - 32 rue de Comboire - 38130 Echirolles – France
These Terms and Conditions set out the rights and obligations of Made In Design and the Customer.
The Terms and Conditions, the Order form and the Order confirmation constitute the sale contract between Made In Design and the Website’s Customer upon the sale of the ordered Products. The Customer acknowledges, prior to placing an Order, that he has read and agreed to all the information aforementioned.
Made In Design reserves the right to make alterations to these Terms and Conditions.
The Customer agrees to comply with the current version of Terms and Conditions by only ordering and purchasing on Made in Design’s Website.
Any Customer who does not wish the contractual relations to be governed by the new version of the applicable Terms and Conditions to any new Order must give notice of this and, from the date on which the new version becomes effective, the Customer must cease to use the Website.
1 - Terminology [back to menu]
The terms and expressions beginning with a capital letter in these Terms and Conditions have the following meaning (whether used in the singular or the plural forms)
- « Terms and Conditions»: refers to the current document, that is the terms and conditions applying between the Customer and Made In Design,
- « Website »: refers to the website available at www.madeindesign.co.uk or any other address having a different extension,
- « Product »: refers to the items offered for sale available on the Website,
- « Customer » (or « Him »): refers to a private person of full age using the Website to acquire one or more Product(s) for his personal needs, for which he accepted the Terms and Conditions.
- « Order »: refers to the sale order from the Customer on one or more Products while using the Website or the Customer Service,
- « Parties »: refers to the Customer and Made In Design,
2 - Purpose [back to menu]
The purpose of these Terms and Conditions is to define the rights and obligations of the Parties in the context of online selling of Products proposed in this e-shop by Made In Design.
The Customer acknowledges, prior to placing the Order, that he has read and agreed to all information included in these Terms and Conditions.
The Customer also declares that the purchase of said Product(s) is not in direct connection with his professional activity, such purchase being reserved for his personal use only.
Being a consumer, the Customer has specific rights which shall be questioned if the Products purchased through the e-shop would be actually purchased for his professional activity. Moreover, the Customer declares that he has the legal capacity to enter into this Agreement..
3 - Creating an account [back to menu]To place an Order on the Website, the Customer must create an account by completing a subscription form.
The Customer hereby states that all personal information provided is complete and accurate in order to proceed to his precise identification in any situation. Any misleading or slanderous information is likely to result in immediate closing of the Customer’s account and cancellation of his Order(s) by Made In Design.
While creating his account, the Customer shall choose a login and a password. The Customer must make sure not to disclose his login and his password at any time.
The Customer’s account can be accessed by Him at any time by using his login and password.
The Customer is responsible for all actions conducted on the Website while using his login and password. Any user, having subscribed to the Website, shall be liable for any Order placed while connected with his login and his password, subject to the Clause 9.3.
4 - Placing an order [back to menu]
A Customer may place an Order, on www.madeindesign.co.uk once logged with his member account, following Clause 3.
While browsing through the Website, the Customer may add a Product to his shopping basket by clicking on the ‘Add to basket’ button. At any time and until final Order confirmation, the Customer may change his mind, modify quantities or remove one or more selected Products.
Customers may also ask for Product information or place an Order directly by calling our Customer Service at +44 (0)207 692 4001 (UK local rate). All communication costs are at the Customer’s charge.
If necessary, the Customer has the right to request access to the personal data which we may hold or process about Him. The Customer has the right to require us to correct any inaccuracies free of charge.
Made In Design may not be held responsible for any incorrect personal details entered by the Customer nor for the consequences related to any delays during the delivery process. As a result, all return costs would be at the Customer’s charge.
Following validation of the shopping basket, the Customer shall confirm his Order by:
- Completing all the requested information,
- Accepting the Terms and Conditions,
- Validating the payment,
Therefore, by clicking on the ‘Submit’ button, the Order is an offer to Made In Design to buy the goods on the Website..
5 - Confirmation of Order [back to menu]5.1.
Once the Order is confirmed by the Customer, following clause 4.4., the Customer will receive an acknowledgement of receipt by e-mail to confirm the Order including all elements (such as the list of ordered Products, price, date of delivery, shipping costs…).
The contract shall only be effective upon Made In Design’s confirmation email, as stated in clause 5.1. and the Order will be established once the corresponding payment will be made by the Customer.
The Customer is guaranteed the price posted on the Website at the time of purchase, which is updated daily. The Product offers proposed on the Website shall be valid as long as the Products related thereto are on line and while stock last.
Promotional offers will be mentioned clearly onsite with period of effectiveness.
In case a Product would be unavailable, e.g. out of stock, Made In Design will inform the Customer by e-mail as soon as possible and will remove the Product from the Website. Made In Design will inform, if possible, for the new availabilities of the Product or may suggest an exchange with a similar Product.
In case of refusal by the Customer of the new availability period, or of the exchange with a similar Product, the Customer will be refunded within (30) days from the confirmation of the refusal.
Made In Design reserves its right not to confirm the Order for any legitimate reason, in particular for any problem of Products procurement or any problem concerning the received Order.
6 - Price and delivery costs[back to menu]6.1.
Prices are indicated in British Pounds or US Dollars inclusive of VAT.
Made In Design reserves the right to modify Product’s prices at any time without notice but the applicable price of the Order will be notified in the summary of the Order before payment.
The price fixed at the time of purchase is firm and does not include the shipping costs which are extra. Said costs will be indicated in the summary of the Order before payment. Delivery costs by country can be looked up in the delivery section of the Website.
For a delivery inside the EU, the prices include the VAT applicable at the date of the Order. Neither customs duties nor VAT shall be due for a delivery inside the EU. Any variation of the VAT applicable rate may affect the sale price of the Products.
In the event of delivery outside the EU, the Customer will have to pay for customs duties or VAT or any other taxes due to the import of Products in the country of delivery. The Customer is also solely responsible for the formalities related thereto unless otherwise specified. The Customer is solely responsible for checking whether the Products ordered can be imported under domestic law in the country of delivery.
If the correct price of the goods is higher than the price stated on our Website, we may, if possible, reject the Order in our discretion, in which case we will notify the Customer of such rejection and the correct price for the goods
7 - Payment [back to menu]
The Customer undertakes to pay the total price of the Products and shipping costs as stipulated on the Website and also to pay for, or have someone pay for the customs duties, the VAT or any other taxes due to the import of Products in the country of delivery, directly to the forwarding or customs agent.
Payments can be made by one of the following payment methods:
- Credit Card (MasterCard, Visa, American Express),
- Debit Card (Maestro),
- Bank transfer,
More information on payment methods is available in our Payment section.
When approving the Order form, the Customer warrants Made In Design that he has all authority needed and sufficient funds to use such a payment method.
While paying by credit/debit card, the payment cannot be cancelled. The payment is irrevocable, without prejudice for the Customer to exercise his rights, such as described in Clause 9.3. The Customer account will be debited the working day following the Order confirmation.
While paying by bank transfer, the bank details will be provided in the Order confirmation email. Failing receipt of the bank transfer within seven (7) days from the Order confirmation by Made In Design or in case of rejection by the bank, Made In Design is entitled to cancel the Order.
In accordance with existing information protection regulations, Made In Design does not store members' bank details. Members should therefore save and print the payment document if they wish to have a copy of the transaction details. The Website has one of the most efficient current site security systems. Not only does it use SSL (Secure Socket Layer) encryption, it has also reinforced all of the various encryption processes in order to provide the most effective protection possible for all sensitive payment information. Made In Design never has access to any confidential information about the means of payment.
Indeed, only Cyberplus – Atos, our banking partner, has access to confidential information (card number, validity date) that cannot be accessed by any other third party
Made In Design reserves its right to claim the return of the ordered Products in case of non full payment.
Under those circumstances, and upon Made In Design's request, the Customer shall return any Product for which the payment has not been received. The Customer shall pay for any costs in connection therewith.
8 - Delivery [back to menu]
Products will be delivered to the address indicated by the Customer in the Order form, after confirmation of the Order. An email will be sent to the Customer as soon as the Products are shipped.
The area of delivery corresponds to the geographical area covered by the offer that can be looked up in.
Information displayed on the Website related to availability is subject to change without notice. Made In Design cannot guarantee permanent or continuous availability of all Products on the Website. All Orders are subject to availability at all times.
Deliveries will be made according to the information on the Product pages after confirmation of the Order.
If an Order contains Products deliverable at different dates, the Customer may choose to receive each Product according to the delivery dates stated on the Product pages of each item, by contacting the Customer service. However, this service may involve higher delivery costs to the Customer which will be indicated by the Customer Service. If the Customer chooses to receive his Order in one batch, the longest delivery period indicated on the Product pages shall be the one to refer to.
Delivery shall be deemed to have been made when the Products are delivered to the Customer at the address indicated in the Order confirmation. The delivery note given by the carrier, dated and signed by the Customer upon delivery will constitute evidence with regard to transport and delivery.
In case of absence of the Customer during delivery, a notice will be left by the carrier. Products may therefore be collected following carrier’s indications. In absence of Products’ withdrawal by the Customer in the limited period fixed by the carrier, the Products will be returned to Made In Design. Made In Design will reserve the right to reimburse the Customer, while the delivery costs will remain at the Customer’s charge.
Transfer of risk intervenes on the delivery, at the address indicated on the Order confirmation or when the Customer collects the Product(s) from the carrier.
The Customer shall check the content, the conformity and the condition of the Product(s) on delivery thereof.
In the event of delays, damages, total or partial losses, or any problem whatsoever, the Customer shall express all reserves and complaints which would seem justified, even to refuse the parcel.
Therefore, Made In Design advises the Customer to check the condition of the Products upon delivery and before signing the acknowledgement of receipt of the parcel.
If the Customer notes any damage, he shall reject the Products or issue handwritten, precise and dated reservations. These reservations must be confirmed by registered letter with recorded receipt sent to the carrier within three (3) working days following the delivery date of the Products. A copy shall be sent to Made In Design.
9 - Product compliance - Warranty - Cancellations [back to menu]9.1. Product compliance
The information given on each Product page is as provided to Made In Design by the suppliers. This includes in particular pictures, technical specifications and descriptions.
In order to avoid any trouble, Products are verified in accordance with their descriptions by Made In Design before their shipment. However, due to technical reasons (photographic and IT constraints), the actual Products may differ slightly from pictures provided on the Website.
Made In Design takes great care when putting information on-line with respect to the essential characteristics of Made In Design’s Products, notably with respect to the technical descriptions emanating from Made In Design’s partners and suppliers and the photographs illustrating the Products; this however, within the technical limits that exist and with respect for the best standards on the market.
In the event of non-conformity of any Product delivered to the Customer, the latter may return it to Made In Design following the procedure stated in clause 9.3.
Some Products may be subject to an extended warranty provided by the manufacturer. In this case, the procedure and the warranty period are mentioned on the Website’s Product page and detailed in the Product’s manual delivered with the Product. The warranty does not cover damages, breaks or malfunctions from non-respect of precautionary measures.
Apart from the exceptions stated below and for the purposes of sales events, all Products sold are subject to the Cancellations clause.
Under Regulation 10 of the Distance Selling Regulations, the Customer has the legal right to cancel his Order within seven (7) working days, starting on the day after the day on which the goods are received. Indeed, with regard to the Sale of Goods Act 1979 and under Regulations 6 and 13 of the Distance Selling Regulations, certain Products cannot be subject to the Customer’s right to cancel. In any case, Customers will be told about the Products involved.
The aforesaid cancellation right of 7 working days does not apply, except if the Parties agree in a different way, to the following sale agreements:
- To the sale agreements of which the price is fixed according to the financial market variations and/or can not be controlled by the supplier,
- To the sale agreements related to goods which were made according to the consumers’ requirements or which were obviously customized, or which cannot be returned because of their nature,
- To the sale agreements related to goods which are likely to deteriorate and be outdated quickly (eg. dairy Products),
This category includes items with a kilometre counter or a time counter as any use will impact the item’s value and render any resale impossible,
- To the sale agreements related to sound or video records, or software, if they were unsealed by the Customer,
The Customer returning a Product within this period will obtain a reimbursement of both the amount of the Product and the shipping costs (which do not include the returning costs). Following Made In Design’s proposal, the Customer having exercise his Cancellation’s right, may choose for an exchange or a credit of the same amount.
You can exercise your right to cancel by e-mail or another durable medium. In order to process the return as fast as possible and most convenient for you, we would like you to contact our Customer Service:
- by e-mail : via the direct contact form available from our contact page at http://www.madeindesign.co.uk/contact.html
- By phone : + 44 (0)207 692 4001 (UK local rate) from 8am until 5pm – Monday to Friday.
- by mail to the address Made in Design – Customer Service - 32 rue de Comboire - 38130 Echirolles – France
Any goods returned without prior notice and accordance by our Customer Service will not be accepted.
Any goods returned must be packed in their original packaging. Made In Design may claim refund to the Customer in case of damaged products or goods which have been used and sent without applying reasonable care.
The Customer will be refunded within (30) days from the Order is received in our warehouse. Refunds are generally made by bank transfer so Made In Design may need the Customer’s bank details.
The goods should be returned to the following address:
Made in Design – Service Retours
2 rue Amable Matussière
The Customer is able to organize the return himself at his own expense to the address above. All goods must be dispatch by traceable post, including the reason for exchange or refund.
To avoid any excess charges by returning the Product(s) to our French warehouse, we can organize a courier service to pick up the goods. The courier service will call the Customer to arrange a good time to pick up the un-wanted Product(s). The amount that will be charged to the Customer is based on the cost of the transport between the Customer’s address and our London address only.
The fixed prices for returning un-wanted Products are as follows:
• £7.90 for small/light parcels (<3kg). Pre-paid returns label to be taken to the nearest post office.
• £19.90 for small/light parcels (<10kg) pick up service Dachser group.
• £28.90 for small parcels (10-20kg) pick up service Dachser group.
• £55 for big Products to be returned on palette. Pick up service Dachser group.
Please note that any Order returned to our London address will not be accepted.
We remind the Customer that if he receives a Product damaged in transit and if the Customer has recorded this damage on the delivery sheet - all return charges will be at Made In Design expenses. If the Customer receives a faulty Product, return charges will be borne by Made In Design as well.
In both cases:
• If the Product can be returned by Royal mail to the address above, Made In Design will refund the return charges on presentation of a receipt (the Customer will have to return the parcel by Royal mail only, as recorded).
• If the Product is too heavy or too voluminous, we will organize the return by a carrier who will contact the Customer to pick up the goods, at our expense.
10 - Product conditions of use [back to menu]10.1.
Prior to any Order and use of the Products, the Customer shall read all information available on the Website, and seek specifications and components of the Products and ensure that they are compatible with his private use.
The Customer undertakes to respect instructions of use given by the suppliers and available on the packaging and the Product’s manual before use. For further information on the Product’s specifications, please contact our Customer Service.
11 - Liability [back to menu]11.1.
Products offered on the Website are compliant with the applicable legislation and standards in the United Kingdom.
Made In Design undertakes exclusively to comply with all current legal terms applicable in the United Kingdom. No regulations specific to the country of delivery and/or consultation of the Website shall be applied.
The Customer is solely responsible for ensuring that applicable legislation in his country is complied with. And it is up to Him to investigate with the relevant local authorities any possible restrictions on the import, export or use of the Products.
Made In Design is solely responsible for the supply of Products in the conditions described in these Terms and Conditions. In no event shall Made In Design’s liability be engaged for advices, recommendations and Product conditions of use provided by the Suppliers on Product’s manuals.
Made In Design’s liability is limited to direct and predictable damages occurring to the Customer as a result of using the Website and the Products. Made In Design shall not be liable for damages caused by any failure from the Customer as a result of using the Website or the Products.
Made In Design shall not be held liable if the non-execution or poor execution of its obligations is attributable to the Customer, or to the act, unforeseeable and unavoidable, of a third-party during the Products delivery, or due to a case of force majeure, unforeseeable, uncontrollable and external.
Made In Design shall not be held responsible for (i) content available on other sites or Internet sources accessible through hypertext links inserted on the Website (and in particular owing to advertisements, Products, services or any other information) neither (ii) for any damages of any kind resulting from visiting those sites.
The Customer acknowledges the limits of the Internet and methods of electronic communication. Consequently, Made In Design shall not be held liable for non- availability of the Website or for any difficulties in connecting or for any interruptions in connection while visiting the Website or when placing an Order.
Unless otherwise provided, the Website is accessible at any place whatsoever, as long as the minimum technical conditions are respected, particularly in terms of access to the Internet network, to the mobile telephony network, and to the technical compatibilities of the equipment used. In view of the world-wide nature of the Internet network, the Customer agrees to comply with all rules of public policy concerning behaviour of the users of the Internet network and applicable in the country from which he uses the Website.
Made In Design does not pass on the Customer’s details to any third party unless the Customer has given permission to do so.
The personal information requested from and related to the Customer is essential to process and ship his Order, to issue invoices and to draft warranty agreements, as the case may be or for the benefit of satisfaction’s questionnaires. This information may also be provided to judicial of administrative authority.
Pursuant to Act dated January 6 1978, the Customer may exercise its right of access, correction and deletion of the information related to Him by modifying directly his personal information in his member account page or by writing to, or calling, Made In Design, 78 York Street, LONDON, W1H 1DP tel + 44 207 692 4001, Fax + 44 207 692 4002. All information provided by the Customer will be treated securely and strictly in accordance with the Data Protection Act 1998.
When creating or consulting their online accounts, Customers will have the option of choosing whether to receive from Made In Design, and/or partners, commercial or promotional offers by e-mail. Should the Customer wish, for any reason, to not receive such offers, he shall at any time cancel his subscription whether by clicking on the corresponding link in the e-mails or by modifying his details on his online account.
"Made In Design will store the contract's content and will send you the details of your order as well as the general terms via e-mail. You can find the Terms and Conditions here at all times. The details about your recent orders can be found in your customer account."
If the Customer does not wish Made In Design to automatically place cookies on his PC's hard disk, he can change his browser settings so that these cookies are automatically rejected, or so that he may be informed of such placement of a cookie. The Customer should bear in mind that if he rejects cookies, certain parts of the Website may not work or may be less accessible.
The Customer may prevent the registration of cookies by configuring his browser:
For Mozilla Firefox:
- Click on the Firefox button and then click Options
- Select de Privacy panel
- Set Firefox will: to Use custom settings for history.
- Remove the check mark from Accept cookies from sites.
- Click OK to close the Options window
For Internet Explorer:
- Click the Tools button, and then click Internet Options.
- Click the Privacy tab, and then, under Settings, move the slider to the top to block all cookies or to the bottom to allow all cookies, and then click OK.
Analytical tools are used on the Website, which track the users activity and create anonymous user profiles.
13 - Suspension - Termination [back to menu]
The Customer may at any time terminate his subscription to the Website and close his member’s account. To this end, the Customer shall address his termination request to the Customer Service.
In the event of any breach by the Customer of any of his obligations, in particular in case of payment incident, Made In Design reserves the right to suspend the Customer’s access to the Website or any services offered by Made In Design, or even terminate his Customer’s account depending on the degree of gravity. Made In Design reserves the right to refuse any Order from a Customer with whom there is a pre-existing dispute of any kind.
14 - Industrial and Intellectual property rights [back to menu]All elements on the Website, e.g. visual, pictures, audio, writings, animations, visual identity, database utility, software and other underlying technologies are protected by copyright, brand and patent law. They remain the exclusive property of Made In Design.
The Made In Design’s trademark, as well as all trademarks, figurative or otherwise, and more generally all other trademarks, illustrations, images and logos included on Products, their accessories or packaging, registered or unregistered, are and shall remain the exclusive property of Made In Design, with exception to visuals, trademarks and logos of suppliers of Products offered on the Website.
Any full or partial representation, modification, reproduction, distortion, of all or part of the Website or its contents, by any procedure whatsoever and in any medium whatsoever, without prior express permission of Made In Design is strictly forbidden.
Any hypertext link to the Website is strictly forbidden without express agreement from Made In Design. A Customer willing to place a hypertext link on his personal site directly to the home page of the Website must ask express permission to Made In Design.
15 - Miscellaneous [back to menu]
In the event that any one of the provisions of these Terms and Conditions should be deemed to be illegal or non-binding pursuant to a legal decision, the other provisions shall remain effective.
The acceptance by the Customer of these Terms and Conditions has the same probative force as a hard-copy written document.
Under the Ecommerce Regulations, Sale of Goods Act 1979 and the Unfair Contract Terms Act 1977, the information delivered by the Website are deemed to be authentic in dealings between the Parties. Details such as time of receipt or of sending, along with the quality of the data received shall be deemed to be authentic, with priority given to the data recorded on Made In Design’s IT systems, or as authenticated by Made In Design’s computer procedures, unless the Customer can prove otherwise in writing. The scope of the proof of the information delivered by Made In Design’s computer systems is that granted to an original in the sense of a written document on paper, signed by hand.
Emails sent between Made In Design and the Customer shall be deemed to be the evidence of the communications, and if so of their commitments, in particular in case of Orders or payments.
The archiving of contractual documents is done on reliable and long lasting supports in order to provide a true and long lasting copy
The fact that Made In Design or the Customer do not exercise any one of the rights under the Terms and Conditions shall not be deemed to be a waiver on its part of that right, such waiver being effective only where expressly declared.
15.5. Force majeure
Made In Design shall have no liability to the Customer for any failure to deliver goods he has ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
16 - Law - Disputes [back to menu]
These Terms and Conditions in the English language shall be performed and interpreted in accordance with the legislation of England and Wales.
In the event of a dispute, the Customer must first of all contact Made In Design in order to attempt to reach a friendly solution. Failing this, the Courts of England and Wales shall have sole jurisdiction.
The Terms and Conditions also apply for all Website’s users who did not place an Order, in particular Clause 11 to 15.