1. Scope of application

These are the legal terms and conditions of sale (“Conditions”) which apply, without restriction or limitation, to all sales of products supplied under or in association with the brand Monika Heiligmann® (“Goods”) sold on the website www.monikaheiligmann.com (“Website”) by the company MONIKA HEILIGMANN LIMITED (exclusive licensee of the Monika Heiligmann® brand and owner of the attached intellectual property rights, whose registered office is 372 OLD STREET,  LONDON, and registered in UNITED KINGDOM  under 15242862, to any consumer subject that he/she is a natural person acting for purposes which are outside his/her trade, business, craft or profession.

Our Privacy Policy and Website Terms of Use also forms part of these Conditions.

For the purpose of these Conditions, the following definitions shall apply:
Steinfeld sp. z o.o.is referred to as “we”, “us” or “STF”.
Consumers buying on the Website are referred to as “you”.
"Party" means either you or us, and "Parties" means you and us.
"Writing” means letter, fax, email or SMS.

If you have any questions regarding these Conditions, please contact our Customer Services team from Monday to Friday, from 9:30 am to 5:30pm, at: office@monikaheiligmann.com or through instant messaging (Live Chat) on our website. We respond to your emails or messages within the next 24 hours.

 

Before any order, you are automatically given the opportunity to read these Conditions. Please read the Conditions carefully and make sure that you understand them before ordering any Goods from our Website. Please note that by ticking the acceptance box of the Conditions when confirming your order, you confirm your unconditional and full acceptance of these Conditions.

We may change these Conditions from time to time, with the latest version of being available on our Website and governing any later order. These Conditions can be saved electronically or printed by all users of our Website.

2.0 Order and acceptance

2.1 To be eligible to place an order, you declare that:

• you are at least 18 years of age, and
• you are acting as a consumer, and
• you are placing an order for your personal and domestic use only, and
• you provide and maintain a valid postal and email addresses.

Orders for Goods are placed through our Website. On exceptional circumstances, at the Customer Service’s discretion, some orders may be placed by phone.

Information on Goods sold via our Website is available, with product descriptions on our Website. The product description includes the main characteristics of the Good, especially its availability, composition, fitness for purpose, usage, quantity, specification and results to be expected from its use. The choice of a Good is made under your sole responsibility.

We may revise and/or upgrade our Goods or formulas offered on the Website, at any time, without prior notice. Therefore, some Goods may become unavailable without notice. We shall have no liability of any kind if a Good is no longer available or removed from sale.

2.2 In order to place your order, you can either create a dedicated account on the Website by filling out an order form with a minimum of required personal information (which will allow you to collect fidelity points, to follow the process of your order, to check your purchase history, etc.) or merely fill in the necessary information for the process of your order and its delivery.

2.3 Then, you need to add the selected Goods in your basket. Availability of the Goods is indicated on the Website. In case of unavailability of Goods, these will be clearly marked as such on our Website, you can register your email address to be informed of its availability. In such a case, we will update you on the availability of the unavailable Goods ordered via email and you will be given the opportunity to pre-order such Goods.

2.4 Before you submit your order, you will be given the opportunity to review your selection, check the total price (including VAT) of your order and correct any input errors. Then, you will be invited to accept the Conditions by ticking the box provided for this purpose and to proceed to the payment according to the provisions here-under detailed. In the event prolonged inactivity causes your connection to our Website to fail, your selection of Goods may be lost. In such case, you will need to re-enter your selection.

2.5 The sale will only be binding on us once we have sent you a confirmation email detailing your order and confirming your payment. Your order is final and cannot be neither modified nor canceled.

2.6 These are limited circumstances under which we retain the right to refuse your order and to cancel it:

• if you are in breach of the present Conditions,
• if the Website has experienced a stock error and the Goods ordered are not available for sale,
• if we consider, at our sole discretion, that the quantities ordered are unreasonable for a natural person using the Goods for personal consumption,
• if we have or had a dispute relating to the payment of a previous order, In such a case, you order will be fully reimbursed.

2.7 When visiting our Website, you will be responsible for paying anPriy costs of connection to our Website if any.

2.8 The contract for supply of Goods ("Contract") will be formed when we have accepted your order and verified your payment, by sending you the confirmation email.

 

3.0 Price

3.1 The price of the Goods you order will be the ones displayed on the Website before you confirm your order. All prices are, depending on your place of purchase, in US Dollars ($), Pounds sterling (£), Euros (€) and inclusive of the applicable local taxes. The UPS Worldwide Express Saver service is complimentary for all locations listed in Section 2 of our FAQs: shipping.

3.2 In some countries, additional local import charges and/or duties may apply. Please note that prices of the Goods displayed are exclusive of all destination import duties, taxes and fees levied in the recipient country. If you choose such a DAP (Delivery At Place) destination, as the recipient, you will be liable for the payment of all import duties, customs and local sales taxes levied by the country you are shipping to; payment of these is necessary to release your order from customs on arrival. We are unable to estimate the amount this may be as these charges are handled by each government.

3.3 In case you have been invoiced, by error, a higher amount than the actual price of the Goods, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you decide to cancel the Contract, we will refund or re-credit you fully.

 

4. Payment

 

4.1 You must pay for the Goods, in full, at the moment you place your order, by one of the secure payment means listed here-under, and according to the Conditions. Payment shall be made in the currency applicable to your place of purchase. We accept Visa, MasterCard, American Express, Maestro and all other major credit cards. We also accept Apple Pay, Android Pay and PayPal. When selecting this last option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now' The name of the account holder must match the name of the person placing the order. International bank transfers and cash transfers are will not accepted.

4.2 To confirm the payment and in order to counter Internet fraud, you will be redirected to the website of our secure payment partner, Braintree, which will be responsible for holding and automated handling in a secure environment the information relating to each order, including bank card details.

Braintree is also responsible for putting in place a screening system to deter credit card fraud. As a result, your personal data (including name, email address, delivery details, telephone number, details of the order placed, credit card details) will be disclosed and used by Braintree exclusively for the purposes of providing fraud screening services to us and to its own customers. On our side, we do not keep any credit card details in relation to your payment.

We reserve the right to put in place additional/other payment security system(s) from time to time.

4.3 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process with your card issuer bank, through a PCI secure route, facilitated via Braintree. By accepting these Conditions, you consent to such checks being made.

All information provided by you for the purpose of your order will be treated securely and strictly in accordance with all applicable regulation on protection of personal data and with our Privacy policy.

4.4 In the event that the sum due from you cannot be debited for whatever reason (including, without limitation, stopped payment, refusal by the issuer of the card), the order will be cancelled immediately, no Contract will be formed, and you will be notified by email.

4.5 Payment is irrevocable.

5. Delivery

5.1 Once the Contract has been regularly formed after confirmation of, the Goods you ordered will be delivered in accordance with the delivery method you opted for to the address which you gave to us when you place your order. You will receive an email to inform you that the Goods have been dispatched. You will also be able to follow the process of your order on your dedicated account. Please note that deliveries are not made to PO Box addresses or to general delivery/poste restante addresses, to stores or to retailers. There is no Click and Collect delivery option.

5.2 In times of normal sanitary conditions, orders placed before 12.00 pm (GMT) will be dispatched on the same day, Monday to Friday.

Indicative delivery times are as follows:
UK & EUROPE: UPS Express, 3-7 business days,
USA: UPS Express, 3-7 business days,
Please note that the delivery times are for information only. We will not be responsible for any delays, nor for any loss or damage suffered by you because of such delay.

5.3 By principle, delivery is free of charge. However, on an exceptional basis, especially in case of specific requests from you or when the amount of your order is lower than the delivery costs, we may decide to apply reasonable delivery fees.

5.4 If there is no one at the address given who is competent to accept delivery of the Goods, you will be asked to contact our Customer Service team in order to arrange an alternative delivery date to collect the Goods, or you will be contacted by our courier.

In case we are not able to deliver you the Goods after three attempts, the Contract will be canceled and the order will be reimbursed to you.

5.5 In the case of a gift, you may arrange for Goods to be delivered to a third party of your choice, provided always that the delivery address satisfies the requirements of condition 5.1 above.

5.6 Ownership of the Goods and the risk for damage to the Goods passes to you when you take physical possession of the Goods.

5.7 If, at the time of delivery, the packaging is damaged, please open the package in the presence of the carrier in order to verify the condition of the Goods. In the event of damage to the Goods, you should note the details on the delivery note, keep any relevant evidence (photos in particular) and contact the Customer Service team according to the process of Section 7 below.

5.8 A paper copy of your invoice will be added to your parcel.

​​6. Liability

6.1 We warrants that the Goods sold on the Website comply with the European regulation in force and shall be of satisfactory quality and quantity as ordered, fit for their purpose and correspond to their essential characteristics on the Website.

6.2 Therefore, the Goods benefit, automatically and without additional payment, independently of the withdrawal right, of:

• the warranty of conformity for Goods that are apparently defective, damaged, soiled or do not correspond to the order, during a period of two years from the delivery of the Good, and
• the warranty against hidden defects resulting from a material, design or manufacturing defect affecting the Goods and making them unfit for use, during a period of two years from the discovery of the defect.

6.3 In order to enforce your rights, you shall follow the process detailed in Section 7. Please note that our warranty will be strictly limited to the replacement or reimbursement of the non-conforming or defective Goods.

6.4 We will never be liable in the following cases:

• Non-compliance with the legislation of the country in which the Goods are delivered,
• In the event of misuse, use for professional purposes, negligence or lack of precaution from you,
• Failure to deliver the Goods because of having provided a wrong delivery address or failure to notify us a change of address,
• Interruptions of service or delays for maintenance, security or any other technical reasons,
• Malware or virus that may occur on the Website and which may cause harm to your system,
• Force majeure cases as usually defined by local courts.

6.5 On the contrary, we do not exclude or limit in any way our liability for:

• death or personal injury caused by our Goods, our negligence or the negligence of our employees, agents or subcontractors.
• fraud or fraudulent misrepresentation.
• any liability which cannot be limited or excluded by applicable laws.

7. Warranty - Exchange of Goods – Withdrawal right

7.1 When you buy Goods from our Website, you benefit from several rights:

If the Goods are defective, damaged, soiled, unfit for their use, lost in transit or do not correspond to the order, you will be able to claim a refund or replacement free of charge (including costs of re-delivery) from us,

If you wish to receive another Good instead, you are able to exchange the Good delivered,

If you have simply changed your mind, you benefit from a withdrawal right.

7.2 In any case, within 28 calendar days following the date of delivery / collection of the Goods, you must contact us, give details of your order number, the Goods ordered, their delivery and (where appropriate) the defaults affecting the Goods.

In case of exercise of your withdrawal right, you shall fill in the withdrawal form available at [link] and send it back to us either online or in hard copy by post, at your convenience, at the relevant addresses mentioned at the beginning of the Conditions.

7.3 Please note that in case of return for fault/ defect/ skin reaction, we will provide you prepaid return labels for DHL so that you can arrange a DHL collection. If you do not permit collection of the Goods by DHL within a reasonable time after notifying us of your decision to exercise your withdrawal right, we may charge you a sum not exceeding the direct cost of recovering those Goods.

In other return situations (exchange and withdrawal right), you will be responsible for choosing your preferred courier and for paying the return costs. In such a case, we recommend that you use a tracked service and retain proof of return.

No returns or exchanges are allowed in stores or retailers.

7.4 Goods shall be returned in their original packaging, complete with any labels, notices, protective covers and boxes, especially the crystal film covering the box must still be sealed, all together with the original invoice.

7.5 Upon reception of the Goods in perfect conditions, we will proceed to your refund or exchange, according to your choice, within a maximum delay of 14 days.

No new delivery (in case of exchange) nor reimbursement can take place until we have received the returned Goods from you.

No exchange or reimbursement will be made for Goods that are returned by the Customer incomplete, damaged or soiled.

7.6 In the event that Goods are exchanged, the initial sale will be canceled. The new transaction payment will be set off against the amount of the preceding sale. Any credit balance will be refunded. Any additional payment will be debited via your chosen payment method. Please note that you will not be permitted to exchange Goods which you have received as a result of the completion of a prior exchange.

8. Intellectual property rights

8.1 The content of the Website as well as "Monika Heiligmann®" trademark and all trademarks, whether they are figurative or not, and all other marks, illustrations, images, and logos which appear on our products, accessories or packaging, whether registered or not, are and remain the exclusive property of either Monika Heiligmann, or Steinfeld sp. z o.o.  as presented herein.

8.2 Any reproduction, whether complete or partial, modification or use of its content, these marks, illustrations, images and logos, for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited, as in any combination or use in conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo and may constitute a counterfeiting offense

9. Use of your information

9.1 The holding and using of personal information provided to Steinfeld sp. z o.o or any other company of the Steinfeld Group is governed by the Privacy Policy posted on the Website and which is part of these Conditions. Please read carefully this Privacy Policy to understand how we use and protect the information that you provide to us. By placing an order on the Website, you consent to the collection, use and transfer of your information under the terms of the Privacy Policy.

9.2 All comments, queries or requests relating to our use of your information are welcome and should be sent to us by email using our contact form or the contact details provided below.

9.3 We are particularly mindful to ensure appropriate protection and security of our Information Systems.

10. Governing law

10.1 The Contract and any dispute or claim arising out of or in connection with it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with French law, without prejudice to the application of the mandatory provisions of the law of your country of residence.

10.2 All disputes related to these Conditions will be submitted to the competent courts of your country of residence. Nevertheless, please note that to solve any dispute with us, you are also allowed to refer to mediation thanks to your relevant local Consumer Commission or any other alternative dispute resolution method.

11. Genera

11.1 These Conditions and any matters referred to on our receipt form the entire understanding between you and us and supersede any prior promises, representations (unless fraudulent) or undertakings.

11.2 Any omission or error in any sales literature, or in any advertisement whether in newspapers, magazines, on the Internet or otherwise or in any invoice or other document issued by us may be corrected by us without liability.