Terms & Conditions
Please review these Terms and Conditions of Use (“Terms of Use”) and as they contain important information about the use of the Mediterranean Linens (“the Site“) which is owned and operated by Mediterranean Linens Ltd.
Mediterranean Linens operates the Site for the purpose of bespoke information sharing. You, the user (hereinafter “You,” “Your,” or the “User“), are welcome to browse the Site, but remember that Your access to and use of this Web Site is subject to Your acceptance of these Terms of Use and to all applicable laws. If You do not accept the Terms of Use, please immediately leave the Site.
Mediterranean Linens may, from time to time, revise the Terms of Use. Use of this Site is governed by the Terms of Use posted at the time of use, so please check this page each time You access and use the Site.
- INTERPRETATION
1.1 Definitions.
In these Conditions, the following definitions apply:
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 10.6.
Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
Customer: the person who purchases the Goods from the Supplier.
Force Majeure Event: has the meaning given in clause 10.
Goods: the goods (or any part of them) set out in the Order.
Order: the Customer’s order for the Goods, as set out in the Customer’s purchase order form.
Specification: any specification for the Goods is subject to any changes in writing after such confirmation but prior to delivery.
Supplier: Mediterranean Linens Limited (registered in England and Wales with company number 936942683).
1.2 Construction.
In these Conditions, the following rules apply:
(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
(b) A reference to a party includes its personal representatives, successors or permitted assigns.
(c) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
(d) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
(e) A reference to writing or written includes faxes.
(f) Clause headings do not affect the interpretation of these Conditions or the Contract.
- BASES OF CONTRACT
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification submitted by the Customer are complete and accurate and is submitted to the Supplier within a sufficient time to enable the Supplier to perform the Contract in accordance with its terms.
2.3 The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, at which point the Contract shall come into existence.
2.4 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract.
2.5 Any samples, drawings, descriptive matter, or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier’s website are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.
3. GOODS
3.1 The Goods are described in the Specification.
3.2 The Supplier reserves the right to amend the Specification if required by any applicable statutory or regulatory requirements.
4. DELIVERY AND PACKAGING
4.1 The Supplier shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Goods ,including the code number of the Goods, where applicable.
4.2 Save where the Customer collects the Goods from the Supplier’s premises (in which case delivery shall take place at the Supplier’s premises), the Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Customer that the Goods are ready.
4.3 Delivery of the Goods shall be completed on the Goods’ arrival at the Delivery Location.
4.4 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.5 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.6 If the Customer fails to take delivery of the Goods or fails to give the Suppler adequate delivery instructions, then (without prejudice to any other right or remedy available to the Supplier), except where such failure or delay is caused by a Force Majeure Event or the Supplier’s failure to comply with its obligations under the Contract, the goods will be returned to the supplier’s warehouse and the cost of goods will be refunded via the payment method used, less the cost of shipping.
4.7 Upon completion of delivery of the Goods it is the Customer’s responsibility to check that all of the Goods that were ordered have been delivered correctly. The Customer must contact the Supplier within 14 days of the date of delivery (the first day being the date after delivery) if the order is incomplete or incorrect. If the Customer does not contact the Supplier within 14 days then the order will be deemed to be delivered correctly .
If the Customer contacts the Supplier within the 14 days then the Supplier will arrange delivery of any outstanding or incorrect items . You will not be charged for delivery of the outstanding or incorrect goods. Incorrect products must be returned by the Customer to the supplier’s warehouse, at the cost of the Supplier.
4.8 If the Customer is not entirely satisfied with the products they have chosen they may be returned to the supplier within 14 days of receipt. The goods must be in perfect resalable condition, unwashed and unused in the original packaging . For health & hygiene reasons, duvets, pillows, mattress and pillow protection can only be returned if they have not been removed from their original sealed packaging.
Please Note: We may need to share your name and delivery address with third-party couriers in order to deliver your item(s).
5. QUALITY
5.1 The Supplier warrants that on delivery the Goods shall:
(a) conform in all material respects with the Specification;
(b) be free from material defects in design, material and workmanship; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
5.2 Subject to clause 5.3, if:
(a) the Customer gives notice in writing to the Supplier within 30 days of delivery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) the Supplier is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier’s place of business at the Supplier’s cost, the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 The Supplier shall not be liable for Goods’ failure to comply with the warranty set out in clause 5.1 in any of the following events:
(a) the Customer makes any further use of such Goods after giving notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow the Supplier’s oral or written instructions as the use and maintenance of the Goods or (if there are none) good trade practice regarding the same
(c) the Customer alters or repairs such Goods without the written consent of the Supplier;
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(e) the Goods differ from the Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
5.4 Except as provided in this clause 5, the Supplier shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 5.1.
5.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
5.6 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.
6. TITLE AND RISK
6.1 The risk in the Goods shall pass to the Customer on completion of delivery.
6.2 Title to the Goods shall not pass to the Customer until the Supplier receives payment in full for the Goods comprised in the Order.
7. PRICE AND PAYMENT
7.1 The price of the Goods shall be the price set out in the Order.
7.2 The Supplier may increase the price of goods in the future. The customer should check the website for the current selling price of the product before ordering the product. The supplier is under no obligation to sell at a previously quoted lower price.
7.3 The price of the Goods is inclusive of the costs of packaging, insurance and value added tax (VAT).
7.4 The price of the Goods is exclusive of delivery costs. These vary according to customer order value and location. Please consult our delivery charge section.
7.5 The Customer shall pay the invoice in full at the point of placing the order. A number of secure payment methods are available. Please consult our payment section.
7.6 The Supplier will generate a VAT inclusive invoice once payment for the goods is processed.
7.7 If the Customer fails to make a payment online, the order will not be processed.
7.8 Only discount codes created and managed by the Supplier can be used. Only one discount code may be used per transaction. The Supplier reserves the right to cancel or deny a discount code at any time. The discount received will be applied to the total price of the products but not applied to the delivery charge.
8. LIMITATION OF LIABILITY
8.1 Nothing in these Conditions shall limit or exclude the Supplier’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979;
(d) any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
8.2 Subject to clause 8.1:
(a) the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) the Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods.
8.3 The Supplier uses reasonable endeavours to ensure that the information on it’s website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and will not be responsible for any errors or omissions or for the results arising from the use of such information. While the Supplier takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
Further, the Supplier will not be responsible nor liable for your use of any other websites which you may access via links within their website. The Supplier does not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with the Supplier. The entire liability of the Supplier under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.
9. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
10. GENERAL
10.1 Assignment and other dealings.
(a) The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
(b) The Customer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Supplier.
10.2 NOTICES
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 11.2(a); if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax, one Business Day after transmission.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
10.3 SEVERANCE
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 11.2(a); if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax, one Business Day after transmission.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
10.4 WAIVER
A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
10.5 THIRD PARTY RIGHTS
A person who is not a party to the Contract shall not have any rights to enforce its terms.
10.6 VARIATION
Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by the Supplier.
10.7 GOVERNING LAW
The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
10.8 JURISDICTION
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
Last updated: 8thAugust 2019
11. WEBSITE USE
Intellectual Property Rights
Mediterranean Linens is the sole owner of all content on the Mediterranean Linens website and its associated websites, including, without limitation, all applicable copyrights, patents, trade names, logos, and all other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the Mediterranean Linens website.
This material and all intellectual property which appears on our websites is protected by copyright laws and other intellectual property laws of the United Kingdom.
If you wish to use this material; images, content or comment, you must credit the image and/or comments and/or content to its author.
You may download and print extracts from our website, provided you maintain and abide by author attribution in any material that you use. In order to use an image and/or comment and/or content from any of the Mediterranean Linens website in whole or part, you must give appropriate citation to us, the owner and author of the material.
The website is used with the users full acceptance of Mediterranean Linens Privacy and Cookie policies.
How Do I Credit You?
For websites:
Please copy the following code on to your website in order to attribute us, Mediterranean Linens, as the author.
https://www.mediterraneanlinens.co.uk/designed and supplied by Mediterranean Linens
For print:
Please print the following text on the final work to give a proper and accurate citation. For instance, this can be printed in the acknowledgements chapter of a book, in the footer of an infographic or as a source in a feature.
‘Source: Mediterranean Linens’
You are free to use images/content/comments supplied by us or taken from the Mediterranean Linens Website, as long as an accurate attribution is provided
You may not:
– Modify or amend any part of an image/content/comment without prior consent
– Sublicense, sell or rent any of Mediterranean Linens material and/or website content
– Distribute Mediterranean Linens website content unless it has been expressly authorised by Mediterranean Linens Limited, the author and owner of material
– Include Mediterranean Linens material and/or website contents in an online or offline database or file
– Offer Mediterranean Linens material and/or website design for download.
– To use any Mediterranean Linens images and/or website images as the only or main theme within your design.
– Acquire the copyright of Mediterranean Linens and/or website content.
If in doubt or for all other inquiries regarding reproduction or use of materials, please contact info@mediterrraneanlinens.co.uk
12. COMPETITIONS
The promoter is: Mediterranean Linens (company no. 936942683) whose registered office is at Enterprise House, Billington Road Estate. Burnley, BB11 5UB
Employees of Mediterranean Linens or their family members or anyone else connected in any way with competitions or helping to set up competitions shall not be permitted to enter our competitions.
There is no entry fee and no purchase necessary to enter our competitions.
Route to entry for competitions and details of how to enter can be found on the competitions dedicated page or description.
No responsibility can be accepted for entries not received for whatever reason.
The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to competitions will be notified to entrants as soon as possible by the promoter.
The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with our competitions.
No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice. Prizes can only be shipped to a UK delivery address.
Entrants agree to the use of his/her name and image(s) in any publicity material and to participate in any promotional activity relating to the competition. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
The winner will be notified by telephone and/or email within 30 days of the closing date. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
The competitions and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.
The winner will be asked for agreement to the use of his/her name and image(s) in any publicity material and to participate in any promotional activity relating to the competition. By entering the competition you agree that any information and pictures provided as part of the competition may be used in any publicity material, including social media. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
You have the right to refuse or withdraw consent at any time. All the competitions that Mediterranean Linens holds will all include an explicit consent box to ensure you consent to your details being used.
The winner’s name will be available 30 days after closing date by sending a stamped addressed envelope to the following address: Mediterranean Linens, Enterprise House, Billington Road Estate. Burnley, BB11 5UB
Any promotions are in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Pinterest or any other Social Network. You are providing your information to Mediterranean Linens , and not to any other party. The information provided will be used in conjunction with the following Privacy Policy .
Any judges decisions do not represent a recommendation or endorsement for any business entered in competitions.
By entering competitions, an entrant is indicating his/her agreement to be bound by these terms and conditions. Entry into competitions will be deemed as acceptance of these terms and conditions.