These terms and conditions of sale ("Terms") govern our relationship with you when you purchase any products from us, including any products which are designed and crafted specifically for you ("Bespoke Products" and together the "Products").
By purchasing a Product from us, either from one of our boutiques or through our website (www.mouawad.com) ("Website") you agree to be bound by these Terms.
We recommend that you print a copy of these Terms and keep them for your reference.
Who we are and where to find more information about us
We are Mouawad Mena DMCC (House of Mouawad Ltd) ("we", "us", "our"). You can find more information about us and our products on our Website, in our catalogue or from our sales staff in our boutiques.
The Terms:
1. Orders
a. If you order a product on our Website, we will contact you via email to confirm we've received your order. We will then contact you again to confirm that we've accepted your order ("Order Confirmation") and to confirm dispatch to you or your chosen boutique.
b. If you are ordering a Bespoke Product, we will contact you to confirm receipt of your request, and to provide you with details of the next steps of the process.
c. In some cases, we may reject orders, for example, because a product is unexpectedly out of stock, because the product was mispriced by us, or because of a system related error. When this happens, we will let you know as soon as possible and refund any sums you may have paid.
2. Price and Payment
a. Prices for our products are subject to change without notice.
b. The price of the product will be as indicated in your Order Confirmation as at the time that we accept your order via our Website, or as specified by one of our sales staff in our boutiques.
c. We charge you when we supply your Product (if purchased in one of our boutiques) or when you place your order (if purchased through our Website). We accept payment via cash (only where making a purchase in one of our boutiques) or credit or debit card from all major providers. Payments via cash in excess of £50,000 will be subject to our internal validation processes. All card payments are subject to validation checks and authorisation by the card issuer. If the card issuer declines authorisation for any reason, we will not be liable for any delay or non-delivery of the Product which has been ordered.
d. All payments requested at the time your order is placed (on the Website), or the Product is purchased (from our boutiques), must be paid in full.
e. In some cases, we may take payment at regular intervals, as explained to you during the order process. You will own the Product you purchase once we have received payment in full.
f. We pass on increases in VAT. If the rate of VAT changes between your order date and the date of your final payment, we adjust the rate of VAT that you pay.
3. Product details
a. Because our products are handcrafted, Products can vary slightly from their pictures. A product's true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different. Because our Products are handcrafted, all sizes, weights, capacities, dimensions and measurements indicated on our Website are for reference only and there may be variances to the Products as advertised.
b. If we're making or supplying the Product in accordance with measurements you provide (including a Bespoke Product), you're responsible for making sure those measurements are correct. If you are unsure about your measurements or how, contact our Customer Service Team at Yourconcierge@mouawad.com.
4. Delivery and collection
a. If you purchase a Product on our Website for delivery, we will use reasonable efforts to ensure that delivery is completed within the estimated delivery time that we issue with your Order Confirmation. Delivery costs will be calculated when placing your order. For further information on delivery please see our SHIPPING POLICY.
b. If you purchase a Product on our Website for collection, we will use reasonable efforts to ensure that the Product is available for collection from your chosen boutique within the specified collection timeframe in your Order Confirmation. We will notify you when your Product is ready for collection. When collecting your order, we will require proof of your order and ID verification.
c. If our supply of your Product is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team at Yourconcierge@mouawad.com to end the contract and receive a refund for any Products you have paid for in advance, but not received.
5. Returns and refunds
a. Returning your product. You have 14 days to return your product, once you have received the Product (either via delivery or collection). To return a Product you can:
i. bring the Product to one of our boutiques (find the one nearest to you at: "FIND A BOUTIQUE". You will need a copy of your purchase receipt and the card you paid with; or
ii. contact our Customer Services Team and agree a date for the Product to be collected by our logistics partner.
When returned, the Product must be packaged with any accessories it came with (including the original packaging, warranty card, service guide and other documents), any free items you received as part of the order and the delivery return form. You will only be eligible for a refund once we have received the Product and we are happy that, following inspection, the Product is in satisfactory condition. If we are not happy with the condition of the Product, we will contact you.
b. Products which are not returnable or refundable. We will not accept returns and will not issue refunds for Products which are (i) used, damaged or not in the same condition as they were when purchased; (ii) tampered with or missing their serial numbers; or (iii) not in their original condition or boxing.
c. When and how we refund you. If you are eligible for a refund, once you have returned the Product to us in accordance with the above, and we have inspected the Product to ensure that it is in satisfactory condition, we will issue your refund you as soon as possible and, in any event, within 14 days. We refund you by the method you used for payment. We don't charge a fee for the refund.
6. Your rights
a. If you think there is something wrong with your product, you must either bring it into one of our boutiques or contact our Customer Service Team on Yourconcierge@mouawad.com. We honour our legal duty to provide you with Products that are as described to you on our website, subject to section 3 above, and that meet all the requirements imposed by law. For detailed information please visit the Citizens Advice website available at /www.citizensadvice.org.uk.
b. As above, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it. If you change your mind about a Product you must let us know no later than 14 days after the day we deliver your order, or the day you collect your Product from one of our boutiques. You can't change your mind about an order which is for a Bespoke Product (where we have started crafting the product), or for a Product which is clearly personalised (such as engraved with your initials etc.).
7. Termination
a. We can end our contract with you for the sale of a Product and claim any compensation due to us if:
i. you don't make any payment to us when it's due and you still don't make payment within 30 days of our reminding you that payment is due;
ii. you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, details of your design for any Bespoke Product; or
iii. you don't, within a reasonable time, either allow us to deliver the Product to you or collect it from us. If you have said you will collect a Product from one of our boutiques, but you don't do this within 14 days then (unless the Product is a Bespoke Product) we will treat your order as cancelled.
8. Bespoke Products
a. When you request a Bespoke Product, we will require certain details from you (including size, design specification, colour etc.) before we are able to confirm (i) whether we are able to accept your request; (ii) the price of the product; and (iii) the estimated date it will be completed and ready for collection or delivery.
b. When we work with you to create a Bespoke Product, we will keep in regular contact with you to provide updates throughout the process of developing the Bespoke Product (the "Process"). From time to time, we may require further information from you in order to progress the Process, and you acknowledge that we will not be responsible for any delays in the Process where you do not provide this information within a reasonable timeframe.
c. You agree that any designs, mock-ups or renderings we may provide you with for your Bespoke Product are for illustrative purposes only and may not reflect the finished product. However, we will use our reasonable endeavours to ensure the Bespoke Product meets any agreed design brief.
d. You agree that any instructions that you provide to us for the design of your Bespoke Product will not infringe the intellectual property rights of any third party. If they do, you agree to indemnify us against any costs or other losses incurred or suffered by us as a result of any third party claims which may arise out of such infringement.
9. Our liability to you
a. We're responsible for losses you suffer caused by us breaching this contract unless the loss is:
i. Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
ii. Caused by a delaying event outside our control. As long as we have taken the steps set out in section 4(c), above.
iii. Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your Product where we have not packaged the Product in an appropriate way so as to secure it for delivery.
b. Nothing in these Terms will limit our liability to you for any liability that cannot be excluded or limited by applicable law. Subject to the generality of this clause 9, our aggregate liability to you under these Terms, whether in contract, tort (including negligence) or otherwise, shall be limited to 100% of the price that you paid for the Product (or Products) which you ordered.
10. Your personal data
How we use any personal data you give us is set out in our Privacy Policy, please read this carefully. By agreeing to these Terms, you are also agreeing to our Privacy Policy, which may be updated periodically.
11. Resolving any disputes
If you have any issues, there are options for how they can be handled – in the first instance we would appreciate being notified of the issue so that we can attempt to resolve it between us, before escalating it.
Our complaints policy. Our Customer Service Team will do their best to resolve any problems you have with us or our products as per our complaints policy. Please contact us at Yourconcierge@mouawad.com
You can go to court. You can bring claims against us in the courts of the country in which you live or in the English courts.
12. Other important terms apply to these Terms
We can transfer our contract with you, so that a different organisation is responsible for supplying your product.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we have accepted such conduct.
These Terms shall be governed by the laws of England.
We may, from time to time, change or update these Terms. If we do, we will notify you via email but also recommend that you check the Website for the most up to date version of these Terms.