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Miss Butterfly, www.missbutterfly.co.uk

womens clothes & womens fashion & Denim & jeans & accessories & beauty products | home > Terms of Use

Terms of Use

1. Definitions and interpretation

In these Terms and Conditions:

  1. "Contract" means the contract between you and Us for the sale by Us and the purchase by you of the Goods;
  2. "Printed Goods" means Goods which We customise to your requirements by printing on them an image and/or text of your choice;
  3. "Goods" means the clothing and other items which We sell to you and you buy from Us in accordance with these Terms and, unless indicated otherwise in these Terms, includes Printed Goods;
  4. "Terms" means these terms and conditions which govern the Contract;
  5. "We", "Us", "Our" means DRV Group (UK) Limited (company number 5747128) whose registered office address and business address is 39 Spalding Street, Leicester, LE5 4PH, England;
  6. "Website" means www.missbutterfly.co.uk and any additions or amendments to the Website.
  7. In these Terms a reference to items in the singular also includes reference to those items in the plural and vice versa.

2. Our Contract

  1. 2.1 By placing an order with Us you agree to be bound by these Terms. These Terms will govern the Contract and no other express terms will apply unless We agree otherwise.
  2. 2.2 We reserve the right to change these Terms from time to time. You should therefore read the Terms each time you visit the Website to buy goods to make sure that you are aware of and accept the terms that apply to Our sale and your purchase of goods at that time.
  3. 2.3 You must be over 18 years of age and be registered with Us in order to be able to buy goods from the Website.
  4. 2.4 We can only accept orders from the countries that are listed in Our Delivery Guide.
  5. 2.5 Your use of the Website to view and purchase Goods is subject to Our Website Terms and Our Privacy Policy.
  6. 2.6 Please check that the details of your order are correct before you click the "Buy Now" button. After We receive your order we will send you an email acknowledging that We have received your order and confirming the details of your order ("Acknowledgement Email"). The Acknowledgement Email is not acceptance of your order. Please check the details of the order on the Acknowledgement Email and let Us know as soon as possible if there is any error in your order. You should print off a copy of the Acknowledgement Email for your records.
  7. 2.7 There is no Contract between you and Us unless and until We accept your order. We may accept or reject your order in Our absolute discretion and for any reason including that:
  8. We are unable to obtain authorisation of your credit card or debit card payment;
  9. We believe or suspect that payment is not being made by the person in whose name the credit card or debit card is registered or that the transaction is otherwise fraudulent;
  10. you have not provided Us with all of the registration details that We require;
  11. We are unable to contact you on the email address or telephone number(s) that you give Us; or
  12. there is an error in the price of the Goods displayed on the Website.
  13. 2.8 Our acceptance of your order occurs, and the Contract comes into existence and is performed by Us, when We send you an email confirming that We have despatched the Goods to you. We will despatch the Goods only when We have received your credit card or debit card payment.
  14. 2.9 The Contract will be governed by the law of England and Wales and any dispute between you and Us regarding the Contract will be submitted to the courts of England and Wales. The Contract is made in the English language.
  15. 2.10 The availability of the Goods that you wish to order is indicated on the Shopping page. This is an indication of availability only and is not a warranty that the Goods are available. If after you submit your order the Goods that you have ordered are not available, We will email you to inform you of this and give you details of available alternative goods similar to the Goods and of equivalent price. You may then choose either to order the alternative goods in place of the Goods that you had originally ordered or to cancel your order.
  16. 2.11 We may correct any typographical, clerical or other error in any document or information that We send to you without incurring any liability to you.
  17. 2.12 The descriptions of the Goods and images of the Goods on the Website are for illustration purposes only and, although We believe that they are correct at the time of posting on the Website, We cannot guarantee that they are a completely accurate representation of the Goods. Shades of colours on the images on the Website and/or how they are displayed on your computer screen may vary from the actual shades of the colours of the Goods and We cannot accept liability for these variations. The Goods may vary also vary slightly in other respects (such as stitching detail) from those shown on the Website. If you are unhappy with the Goods that you receive you may return them to Us. Please see Our Returns policy and procedure below.

3. Price and payment

  1. 3.1 Subject to clause 3.2, the price for the Goods that you order will be the price shown on the Shopping page, except in the case of an error in the price.
  2. 3.2 We do Our best to ensure that the prices stated on the Website are correct. If, however, We discover after you have submitted your order that the price stated on the Shopping page is incorrect, We will contact you as soon as possible to inform you of the error and inform you of the correct price. If the correct price is higher than the price originally displayed on the Website you can choose between confirming your order and paying the correct (higher) price for the Goods or cancelling your order. If you do not choose either of these options We will be entitled to reject your order. If you confirm your order at the correct price, We will debit the correct price from your debit card or credit card or, if We have already received your payment, debit the difference between the price you have paid and the correct price from your card. If the correct price is lower than the price originally displayed on the Website, We will debit the correct (lower) price from your card or, if We have already received your payment, credit to your card the difference between the correct price and the price that you have paid. If We discover the error in the price after We have despatched the Goods to you:
    1. 3.2.1 if the correct price is lower than the price you have paid, We will credit the difference between the price you have paid and the correct price to your credit card or debit card; or
    2. 3.2.2 if the correct price is higher than the price that you have paid, We will not require you to pay the difference between the correct price and the price that you have paid.
  3. 3.3 Unless your payment currency is covered by our currency converter, all prices are stated in pounds Sterling. Prices for Goods delivered within the European Union are inclusive of VAT (where payable). If the VAT rate increases after you have made your order and before We despatch the Goods, We will contact you to inform you of this increase.
  4. 3.4 In addition to the price of the Goods, We will also charge you for delivery of the Goods, for which you will be required to pay when you pay for the Goods. Please see Our Delivery Guide for details of delivery charges. The total cost of your order is therefore the price of the Goods you have ordered plus the delivery charge.
  5. 3.5 Where the Goods are to be delivered outside of the European Union, you are responsible for paying any import duty that may be payable on the Goods when they reach their destination.
  6. 3.6 We accept payment by all major credit cards and debit cards including Visa, Visa Delta, Visa Electron, Mastercard, Maestro, American Express, JCB, Diners' Club, Switch and Solo. We cannot accept payment by cash, cheque, banker's draft or postal order.
  7. 3.7 We use the services of Protx to make sure that all card transactions are completed through a secure encrypted facility. Protx collects your card details and sends them directly to Our bank. Your card details are not stored on the Website and are not seen by Us.
  8. 3.8 All credit card and debit card payments are subject to authorisation by the relevant card issuer. We will not despatch the Goods to you until your payment is authorised and received by Us. We will not be liable for any delay in supplying or non-supply of the Goods resulting from your card issuer's delay in authorising, or refusal to authorise, payment on your credit card or debit card.
  9. 3.9 For security reasons, do not include your credit card or debit card details in any email that you send to Us.

4. Delivery

  1. 4.1 Subject to the Goods that you have ordered being in stock, We aim to despatch the Goods to you within 3 days of receiving your order, but please allow up to 30 days for delivery of Printed Goods. We will send you an email to let you know that We have despatched the Goods to you.
  2. 4.2 For security reasons, We will only despatch the Goods to the address that is registered for the credit card or debit card that you are using to pay for the Goods.
  3. 4.3 For orders within the UK, depending on the weight and size of your order, We will send the Goods to you either by Royal Mail first class post or by Parceline.
  4. 4.4 For orders outside of the UK, depending on the weight and size of your order, We will send the Goods by Royal Mail airmail post or by Parceline. The delivery charge and expected delivery dates will vary depending on the size and weight of the order and the destination. Please see Our Delivery Guide for details of delivery charges.
  5. 4.5 The method of delivery (first class post, airmail or Parceline) and the delivery charge will be indicated on the Order page and the delivery charge will be added to the price of the Goods to indicate the total amount payable for your order.
  6. 4.6 If your order is large it may not be possible to deliver it in one parcel and it may have to be divided into smaller parcels. If We have to divide your order into smaller parcels We reserve the right to adjust the delivery charge and will contact you to tell you of the change to the delivery charge before We despatch the order to you. You may then either cancel your order or confirm your order and the increased delivery charge payable. If you agree to pay the higher delivery charge We will debit the appropriate amount from your credit card or debit card.
  7. 4.7 Please see Our Delivery Guide for expected delivery dates. Please note that the expected delivery date is an estimate only and the delivery date is subject to Royal Mail or Parceline. We cannot accept liability for any delay in delivery or non-delivery of your order which is caused by Royal Mail or Parceline. If you have not received the Goods within 7 days (UK deliveries) or 15 days (deliveries outside the UK), please contact Us at mail@missbutterfly.co.uk or telephone + 0044 (0)800 1218 275.
  8. 4.8 For customers who live in the European Union, if you do not receive the Goods within 30 days of the day after the day on which you submitted your order to Us because the Goods are not in stock (in which case We will contact you to tell you this) then, unless you agree to give Us extra time to deliver the Goods to you, We will give you a full refund of the price and delivery charge that you have paid for the Goods or, if you wish, you may accept Our offer of alternative Goods of equivalent quality and price or a credit note to the value of your cancelled order. If you decide to cancel your order We will refund you as soon as possible and in any event by not later than 30 days.
  9. 4.9 Ownership of, and risk in, the Goods passes to you when the Goods are delivered to you.
  10. 4.10 Parceline deliveries will need to be signed for, so you will need to ensure that someone over the age of 18 is available at the delivery address to sign for the Goods. If no one is available Parceline will leave a card at your address to inform you that the Goods are available for delivery with instructions on how to arrange for delivery or collection of the Goods.
  11. 4.11 If the Goods are returned to Us because they were not delivered or collected or because the delivery address that you have given Us is wrong, We will charge you the cost of re-sending the Goods to you.

5. Changing or cancelling your order and Returns

  1. 5.1 1. You can change or cancel your order at any time until We despatch the Goods to you. If you wish to change or cancel your order please let Us know immediately by sending an email to mail@missbutterfly.co.uk or by telephoning Us on +0044 (0)800 1218 275.
  2. 5.2 2. Except for Printed Goods, customers in the European Union may cancel their order within 7 working days from the day after the day on which they receive the Goods provided that the Goods have not been worn, altered or damaged and are in their original packaging. If you wish to cancel your order you must let Us know in writing by letter, fax or email. Unless the Goods are faulty, you are responsible for the cost of returning the Goods to Us. We will provide you with a full refund of the price of the Goods that you are returning and the cost of sending them to you or, if you wish, an exchange for goods of equal value to the Goods which you have returned. We will make the refund within 30 days from the date on which you give Us notice that you wish to cancel your order. Until you return the Goods to Us you must take care of them. If you do not return the Goods to Us We may take steps to recover the Goods from you and to deduct Our costs of recovering the Goods from you from the refund that We make to you. Please see Our Returns procedure below.
  3. 5.3 3. Except for Printed Goods, We offer a 7-day money back guarantee to customers who are ordering from outside the European Union. If, for any reason, you are not happy with all or some of the Goods or change your mind about them you can cancel your order within 7 working days of the date on which you received the Goods, provided that the Goods have not been worn, altered or damaged and are in their original packaging. When you return the Goods to Us We will give You a full refund of the price for each item that you return or, if you wish, exchange them for goods of equivalent price. You are responsible for paying the price for returning the Goods to Us. Please see Our Returns procedure below.
  4. 5.4 4. Unless the Goods are faulty, We will not accept a request for return of Goods which is made after 7-day period specified in clause 5.2 or 5.3 above.
  5. 5.5 5. We cannot accept returns on underwear unless they are faulty or are different from the Goods that you ordered.
  6. 5.6 6. If the Goods that were sent to you are faulty or are not the Goods that you ordered We will give you a full refund of the price or, if you wish, a replacement of the Goods or an exchange for goods of the equivalent price, and will pay your reasonable costs of returning the Goods to Us. For Goods that are being returned from outside the UK, We will only refund the cost of standard airmail postage. You must return the Goods to Us before We will give you a refund, replacement or exchange. We reserve the right to obtain a third party expert opinion to determine whether the Goods are faulty.
  7. 5.7 Refunds will be made to the credit card or debit card that you used to make your payment. The time in which it takes a refund to show on your credit card or debit card will vary depending on your card issuer. As a general guide only, yo

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