Terms And Conditions
Welcome to www.michaelh.ie
Please read these Terms & Conditions carefully.
These Terms & Conditions govern your relationship with Michael H Limited ("Michael H", "we", "our", "us") when you use our online services (the "Services"), including the services on this website (the "Site"). Unless otherwise stated, the services on this Site are provided to you by Michael H.
By accessing or using this Site, you accept and agree to these Terms and Conditions (which include our Privacy Policy) and you agree that your use of this Site, including any transaction you make, is subject to these Terms & Conditions. If you do not agree to all of these Terms and Conditions, you may not use this Site.
Definitions
"Address" is Michael H, 58-64 Upper Dominick Street, Dublin 7, Ireland;
"Purchased Product" means any item purchased from the Services on the Site;
"Site" includes the Services provided, its content and the Online Trading area;
"Trading Area" means the online shop and ordering engine.
Changes to these Terms & Conditions
We may make changes to these Terms and Conditions from time to time, which will be effective when posted on this site. We may not notify you directly or personally of changes to the Terms and Conditions and so we encourage you to check the Site regularly for any updated, as Michael H will not be liable to you for any changes. Your continued use of this Site following the posting of changes will mean to accept those changes. Accordingly, the supply to you of Products will be governed by the Terms and Conditions that were current when you placed your order.
Ownership and Reservation of Intellectual Property Rights
The www.michaelh.ie website is owned and operated by Michael H Limited., trading as The Fashion House of Michael H ("Michael H"), whose registered office is 58-64 Upper Dominick Street, Dublin 7, Ireland.
You acknowledge and agree that copyright, trade marks and all other intellectual property, in all content supplied as part of this Site are owned by or licensed to Michael H. Michael H and all other names, images, pictures, logos and icons identifying Michael H or its services are, unless otherwise stated, trade marks or trade names of Michael H Limited.
Site Content
Unless otherwise expressly specified, this Site, the Services and Content are for your sole personal and non-commercial use only and you may not copy, transfer or make available for transfer to any other device (including to a personal portable device, memory stick or other data storage device) or to any other person, or otherwise reproduce or modify any part of the Site, the Services, the Content or their source HTML code in any form or by any means (electronic, mechanical or otherwise).
The downloadable images within the Site are for editorial purposes only and can be used in connection with relevant subject matter to profile Michael H positively. All images remain the property of Michael H. Under no circumstances can these images be used for any personal or commercial purposes.
Any other Product and company names mentioned in the Site may be trade marks of their respective owners.
All intellectual property rights in the design, content and arrangement of the Site (including its text and graphics, all software compilations or underlying source code, and all other material on the Site) are reserved to Michael H, its affiliates or content and/or technology providers.
Your Statutory Rights
Nothing in these Terms and Conditions affects your statutory rights as a consumer. You can learn more about your statutory rights by contacting the Consumer Association of Ireland or your local Citizen's Information or Advice Centre.
Your Use of Our Site
You are provided with access to the Site in accordance with these Terms and Conditions free of charge and for your personal and non-commercial use only. Products are not, and will not be supplied for resale.
The Site is intended for use by people resident in the following countries: Ireland and the United Kingdom. If you choose to access this Site from outside Ireland and the United Kingdom, you are responsible for compliance with local laws if and to the extent local laws are applicable.
You May Not:
• Restrict or inhibit any other user from using and enjoying this Site or the Services;
• Act in a way that would damage, disable, overburden or impair this Site or the Services or constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability;
• Impersonate any person or entity or misrepresent your affiliation with any other person or entity;
• Exploit any information or other material obtained on or through this Site for commercial purposes;
• Engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, "screen scraping" or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using Michael H cookies for purposes which are unrelated to the Services);
• Attempt to gain unauthorised access to other computer systems through this Site;
• Obtain to attempt to obtain any materials or information through any means not intentionally made available or provided for through this site; or
• Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of or access to this Site or the Services.
Description of Products
Whilst Michael H has taken every care in the preparation of the content of this Site, in particular to ensure that as far as reasonably possible, prices quoted are correct at the time of publishing and that all products have been fairly described, we cannot guarantee the accuracy of all information provided related to the Products, including, without limitation, photographs and/or other images of the Products.
All prices are displayed in Euro and British Pound Sterling and inclusive of Irish or UK VAT as applicable, but exclusive of delivery charges. All prices are correct at the time of entering the information onto the Site. We reserve the right to change prices without prior notice. However, this will not affect orders that have been accepted.
We have made every effort to display as accurately as possible the colours of our products that appear on the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.
Making an Order
The advertising of Michael H branded products ("product", "products" or "goods") on this Site is an "invitation to treat" and a contract between us and you will only be created in accordance with the provisions below.
To order a product, click the Add to My Shopping Bag button on screen. This will add the item to your "Shopping Bag". You can remove items from your Shopping Bag at any time by clicking the Remove button or the Waste Bin icon. When you are ready to purchase, view your Shopping Bag and click the "Proceed to Checkout and Payment" button. You will be asked to log in as an existing customer or register as a new customer. You will be asked to provide information, including your billing and delivery address and your payment card details. After you click to proceed again, you will be shown a summary of your order. Please check carefully that the order details are correct. Once you click "Submit Order" your payment card details will be submitted to our payment services provider.
Incorrect personal details may lead to problems or delays in delivery, so before placing your order, please ensure that you have included the full address details, including accurate postcode of the intended recipient and your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered.
Acceptance of your Order
Your order represents an offer to us to purchase an item which will only become binding on acceptance by us as follows (i) by us sending you an email or other written communication confirming acceptance and confirming prices or that the ordered product is available and is being dispatched. Please note that you may receive an automatic email confirming your order. This order acknowledgement email does not amount to acceptance, unless otherwise expressly stated.
We may reject your order for any reason prior to acceptance. If we reject your order after payment has already been taken, we will provide you with a refund.
If you do not receive any communication either confirming or rejecting acceptance of your order within 5 working days of placing your order please contact Customer Services.
The contract between you and us will be concluded in English.
Product Availability
All products are subject to availability.
Michael H reserves the right to withdraw Products from sale without any notice.
We deliver to addresses in Ireland and the United Kingdom. To enquire about availability and delivery of product to other countries please contact Customer Services at onlinesupport@michaelh.ie.
Paying for Your Goods
We accept only payment by the methods shown on the Site at the time you place your order. We do not accept any other methods of payment under any circumstances. We do not accept Michael H Gift Vouchers as payment for products purchased on this Site. Prices appear on the Site and are inclusive of VAT unless otherwise stated. The total price for an order includes delivery charges. We may change the prices at any time by posting new prices on the Site.
The actual price charged to customers outside of Ireland and the United Kingdom will be subject to any applicable foreign exchange rate applied by the customer's credit card provider. Customers outside Ireland and the United Kingdom will also be liable for any import duty, quotas, permits, product restrictions and other local requirements. You are advised to check the latest applicable local requirements before placing an order.
By paying using your credit or other accepted card you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges. The purchase will appear on card or bank statement under the following merchant name Michael H Fashions.
If your card issuer refuses to authorise payment to us, we cannot accept your order, and will not be liable for any consequent delay or non-delivery.
Payment Security
We engage Realex, a secure payments service provider, to process any payment transactions relating to your order. Realex's Security Statement and further information on Realex's security certifications and practices is available on http://www.realexpayments.com/ie/security-statement.
Delivery Arrangements and Charges
We deliver to addresses in Ireland and the United Kingdom. Delivery of product to other countries is subject to confirmation by Customer Services.
We will endeavour to deliver orders as expeditiously as possible. Delivery charges vary according to the destination country. Products cannot be delivered to PO Boxes.
The products ordered will be at your risk from the time of delivery, and ownership of them will not pass to you until we receive full payment of all sums, including delivery charges, due in respect of them.
We will not be liable to you for failures, defects or delays in delivery caused by:
• Your provision of incorrect information;
• Your computer failing to meet the minimum technical requirements for the Services;
• Your failure to comply with instructions for use of the Services; or
• An event which is outside our reasonable control.
Occasionally technical problems may delay or prevent delivery of a purchased product. Please contact Customer Services in such an event who will investigate the status of your delivery with the shipping company/postal service. If the order has been lost in transit your sole remedy will be either a replacement product or a refund, as determined by us. Your statutory rights are not affected.
Further information is available on the Shipping & Returns page on the Site Home Page.
Cancellations
You may cancel your order for a product up to the time it has been prepared for dispatch, by emailing us at onlinereturns@michaelh.ie. Your mail should be clearly marked with REQUEST TO CANCEL ORDER and should include your order number.
If you cancel your order, you must return the product(s) to us, at your cost, at the address we specify to you following cancellation, unused, in its original state and in its original packaging, in which case we will refund the purchase price. Delivery charges are not refundable. Where a refund is agreed, we will refund only the card used at the time of payment of the order.
You may not cancel an order:
1. Where a purchased product has been worn and is unsaleable;
2. Where a purchased product has been altered or amended;
3. Where a purchased product is marked by make-up, lotions, creams or otherwise;
4. Where a purchased product has an odour from perfume, scents or otherwise.
The Cancellation Policy is offered in addition to, and does not affect, your statutory rights.
Please note that your right to cancel and return the products ordered does NOT apply to faulty products.
Returns Policy
This Returns Policy is specific to online purchases.
In the event you wish to return a Product, please use the returns paperwork included with your order. We will refund a product returned within 14 days of your receipt of the goods.
Customers located outside Ireland or the United Kingdom, intending to return an item, are, in addition, strongly advised to email us at onlinereturns@michaelh.ie as soon as possible.
You may not seek a refund:
5. Where the purchased product has been worn and is unsaleable or has been subject to wear and tear;
6. Where the purchased product has been altered, amended or tailored to your specific requirements;
7. Where the purchased product is marked by make-up, lotions, creams or otherwise;
8. Where the purchased product has an odour from perfume, scents or otherwise;
9. Where the purchased product has been deliberately damaged or damaged by way of spillages;
10. Where the purchased product has been discoloured through failing to follow appropriate cleaning instructions;
Products should be returned in the original packaging and by a shipment method that is secure and can be tracked. If you do not have the original packaging, please contact Customer Services at onlinereturns@michaelh.ie. We will examine the condition of the returned Product and decide whether to process the refund.
Delivery charges, duties, taxes and similar charges are not refundable and a returned goods charge may apply.
Our Returns Policy does not apply to sale items. Orders made via this Site cannot be refunded or exchanged at any Michael H Store, Shop-in-Shop or Concession.
Our Returns Policy is offered in addition to, and does not affect, your statutory rights.
Further information is available through the Shipping & Returns link on the Site Home Page.
Promotions
Promotions offered on this Site may only be applicable to website orders. Promotions in Michael H stores, Shop-in-Shops and Concessions may not be applicable to website orders.
Customer Services
If you wish to contact our Customer Services team you can do so by emailing us at onlinesupport@michaelh.ie.
For email enquiries about returning goods purchased online please contact us via onlinereturns@michaelh.ie.
Returned orders or any other correspondence (including any complaints) should be sent only to:
Online Customer Services
Michael H Ltd.
Kylemore Industrial Park
Ballyfermot
Dublin 10, Ireland
Privacy
Michael H takes privacy seriously. Please refer to our Privacy Policy on our Site.
Disclaimers
Nothing in this section affects your statutory rights.
Through this Site, you will be provided with services that may include information, editorial content, links to other web sites and other services and content that Michael H may decide to offer, subject to the terms hereof. Michael H may, in its sole discretion, discontinue or alter all or any aspect of the Site or Services, including, but not limited to (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Services for certain platforms (i.e. computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating your right to use all or part of the Services, at any time in our sole discretion and without prior notice or liability.
Michael H intends to provide as part of the Services the most current information available and Michael H will make reasonable efforts to ensure that the information is updated on a regular basis. However, we make no guarantee whatsoever that the information posted is accurate or timely.
The Site provides links to web sites maintained by third parties ("Third Party Sites") and we may from time to time provide third party materials on this Site. Neither Michael H, its parent or subsidiary companies nor their respective affiliates or suppliers operate or control in any respect any information, products or services on these third party sites.
THE SERVICES, MATERIALS AND PRODUCTS AVAILABLE ON OR THROUGH THIS STIE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND, SAVE TO THE EXTENT PROHIBITED BY APPLICABLE LAW, (I) MICHAEL H DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFOMANCE OR COURSE OF DEALING; (II) MICHAEL H DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THIS SITE GENERALLY, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (III) MICHAEL H DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THIS SITE OR IN THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION, IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE.
You assume all risk of errors and/or omissions in this Site, including the transmission or translation of information.
You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of this Site, including the information offered by you, and for maintaining by any means that you may require for the reconstructions of lost data or subsequent manipulations or analyses of the information, provided hereunder.
You acknowledge and agree that your use of this Site and any information sent or received in connection herewith may not be secure and may be intercepted by unauthorised parties.
You assume responsibility for the entire cost of maintenance, repair or correction to your computer system or other property.
We reserve the right to terminate your ability to shop via the Site if your conduct is found to be inconsistent with these Terms and Conditions or on any other reasonable grounds.
This Site is directed primarily at residents of Ireland and the United Kingdom (England, Scotland, Wales and Northern Ireland). We make no representation that the purchase or use of any of the Products is appropriate or legally permitted elsewhere.
We do not make any promise that materials on this Site are appropriate or available for use outside Ireland or the United Kingdom, and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Site from outside Ireland and the United Kingdom you do so at your own risk and are fully responsible for ensuring compliance with local laws if and to the extent that local laws are applicable.
To the fullest extent allowed by applicable law, you agree we shall not be liable to you/or any third party for any delay in delivery, loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data nor for any special indirect or consequential or incidental damages or any other costs expenses or other claims whatsoever that arise out of or are related to the Site or the Products.
Limitation of Liability
IN NO EVENT SHALL MICHAEL H OR ANY OF OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSSES OR FOR EXEMPLARY DAMAGES OR FOR ANY DIRECT OR INDIRECT LOSS OF PROFITS, GOODWILL, USE OR DATA, INCLUDING WITHOUT LIMIATION ANY SUCH LOSS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS SITE AND/OR THE PRODUCTS AND SERVICES MADE AVAILABLE VIA THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF WE OR ANY MICHAEL H COMPANY OR ANY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THIS WAIVER APPLIES WITHOUT LIMIATION TO ANY LOSSES, DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF ANY SERVICE OR INFORMATION ON OR CONNECTED WITH THIS SITE.
Miscellaneous
You acknowledge and agree that the warranties, disclaimers and limitations in these Terms and Conditions are material terms and that they have been taken into account in the decision by Michael H to provide this Site and Services hereunder.
You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of Michael H. Any such assignment shall be invalid without such consent.
You agree that you will, at our request, perform all acts and execute all documents as may be required to give effect to these Terms and Conditions.
If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions, shall be enforced to the fullest extent allowed by law so as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions.
These Terms and Conditions and any posted operating rules constitute our entire agreement with you with respect to your use of the Site and the Services, and supersede all prior or contemporaneous communications and proposals, whether written or oral, between us with respect to such use.
The rights and remedies provided in these Terms and Conditions are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.
No failure or delay by either of us in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver of that right, power or privilege and no single or partial exercise by either you or Michael H of any right, power or privilege shall preclude any further exercise of that right, power or privilege or exercise of any other right, power or privilege.
No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party.
The headings used in these Terms and Conditions are used for convenience only and are not to be considered in construing or interpreting these Terms and Conditions.
Nothing in these Terms and Conditions shall be construed as constituting a partnership or joint venture between you and Michael H and neither of us shall be or hold itself out to be the agent of the other.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland. You hereby agree to the non-exclusive jurisdiction of the Courts of Ireland regarding any and all disputes relating to or arising from these Terms and Conditions of your use of this Site or the Services.
