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Terms And Conditions Home > Terms And Conditions

WELCOME TO THE MEMSAAB WEBSITE TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY BEFORE PLACING YOUR ORDER. BY USING THIS WEBSITE AND/OR PLACING AN ORDER YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW

PRODUCT INFORMATION

We have made every effort to display as accurately as possible the colours of our products that appear on the website. 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
Due to the unique individuality of hand made items there may be slight variations to images shown and Memsaab has the right to change individual components.
All sizes and measurements are approximate; however we do make every effort to ensure they are as accurate as possible.
We will take all reasonable care to ensure that all details descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders where product information has been mis-published including prices and promotions.

Prices are subject to change without notice. Prices are inclusive of UK or Republic of Ireland VAT (as applicable). Goods are subject to availability. As there is a delay between the time when the order is placed and the time when the order is accepted the stock position relating to particular items may change. If an item you have ordered becomes out of stock before we accept the order we shall notify you as soon as possible and you will not be charged for the out of stock items.

We continually update our online store. From time to time our retail stores may run special local promotions (which may not be available on our web-site) or we may offer special discounts online that are not available in the retail stores. Some website promotions may not be available to customers in particular jurisdictions.

PRICE AND TYPES PAYMENT OPTIONS

We accept all major credit and debit cards we also accept Postal Order. We do not accept Cheques

All prices are inclusive of UK or Irish VAT (as applicable) at the current rates and are correct at the time of entering the information on to the system. The total cost of the order is the price of the products ordered plus the delivery charge.

For your security your billing name and address must match that of the Credit/Debit card used for payment. We reserve the right to cancel any order that does not match these criteria.

ACCEPTANCE

For most items you have the legal right to cancel your order within 7 working days of receiving the goods. However this right does not apply to certain items such as personalised products perishable goods and audio or video recordings or computer software which has been opened. If you wish to cancel using this right you need to inform us in writing within 7 working days starting the day after you received the goods.

Please note that we do not provide a free returns service.

You must take reasonable care of the goods and immediately return them to us in the normal way. We will not consider that you have taken reasonable care of the goods if they have been used in a way or to an extent beyond what would be reasonable when examining the goods in a shop before purchase.

Specially commissioned or made to order garments can only be cancelled within five days of placing the order due to the nature of work and preparation involved that the process would have started within the time structure. We cannot offer you a refund or cancellation after this period of time. Your statutory rights are not affected.

We will retain the legal ownership of the goods until payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.

ACCURACY

While every effort is made to ensure the accuracy of colour reproduction colour may very depending on the settings of your monitor software or printer. None of the material contained in our Website is to be relied upon as a statement or representation of fact. All images illustrations and descriptions of the goods are for information only. We do not give any warranty for the accuracy suitability reliability completeness performance fitness freedom from viruses or timeliness of the content or services contained on our Website. Whilst we try to ensure that our Website is reliable and available at all times the Internet is not an inherently stable medium and errors omissions interruptions of service and delays may occur at any time. Whilst we take reasonable care in ensuring that all material contained in our Website is accurate and up-to-date at the time it is posted we cannot guarantee it.

FABRICS & EMBROIDERY

Many of our items are hand embroidered and therefore fragile in their usage. From time to time beading may become displaced and this is not regarded as a fault but is due to the nature of the work. These garments should be worn with care and are mainly for special occasion wear.

A majority of the fabrics used are 100% Polyester.

A garment may from time to time have variations in patterns due individual dyeing methods.

Please ensure that the first wash is 'Dry Clean' only. Heavy embroidered items can only be Dry Cleaned. More casual items should be washed separately in cold water and thoroughly rinsed. Please note that due to hand dyeing methods used the colours are not guaranteed. We cannot be liable for any damage to your garments due to not complying with the washing instructions given.

All clothing with embossed or rubber prints should be reverse ironed.

Any displacements to sequin beading or embroidery cannot be deemed to be a defect in the garment but is caused by the very nature of the work. In these cases postage cannot be claimed in exchanges or refunds.

It may not be possible to give full instructions on each garment therefore the above is a guideline of washing if in doubt Dry Clean

Shoes that have sequins diamante or embroidery are occasion wear only and some designs such as kusa cannot be worn in heavy rain.

Outfits may have a smell of paraffin which is due to the process used to dry clean garments after embroidery. This smell with evaporate once the garment has been removed from packing.

QUERIES

If you have a query about any matter in respect of the goods please contact Customer Services on the following number (between 10.30am - 7.30pm Monday to Sunday 01582 415454 or email info@memsaabonline.com
If at the time of delivery the packaging is damaged or opened you are required to reject the parcel and return to courier. If you open the goods you are required to check them in front of the courier and notify him of any damage/missing items. In the event of damage to the Goods you should contact the Customer Service team on 01582 611668. You must produce to us any receipt or other documents relating to the Goods in question together
with (in the case of a claim for damage) the original packaging for the Goods. We shall repair or replace free of charge any Goods damaged or lost in transit where delivery has been made by our carrier provided that you give us written notification of such damage or loss within 3 days of the delivery date in the case of damage and within 3 days of the anticipated delivery date notified to you at the time you place your order in the case of loss in order that we may comply with our carrier's conditions of carriage.
Refunds will not be given for products with damages caused by a customer's misuse or neglect.

GENERAL

No order is binding on you or Memsaab until we have accepted it. You will own the items we supply you from the moment they are put in the hands of the postal service or with our carriers or payment in full of the price of the items and any delivery charge whichever is later. These terms and conditions cannot be varied by you or us unless made in writing and signed by both parties.

POSTAGE CHARGES

A delivery charge of £5.99 will be charged on all orders to England Wales and parts of Scotland.

STOCK AVAILABILITY

Occasionally an item of stock may not be available. Under these circumstances we do not wish to delay your order and may do any of the following.
1. We will try to contact customer in the event customer is not reachable a refund may be given of the item and order despatched.

2. If the customer supplies incorrect telephone numbers or incorrect address details and we cannot verify them the order may not be sent out until we are able to contact customer.

3. We will try to despatch all orders received, however if customer is not at home or parcel is delivered to wrong address then we cannot be held responsible.

4. Your card details must match the delivery address if there is a discrepancy then we will need to verify the card and address match before despatching parcel.

5. No guarantee is undertaken and it will depend on each individual circumstances.

SALES POLICY

We only offer exchanges for sale items due to the vast reductions in price for clearance stock. It is possible to send the item back and re-order a different size colour or design. However a further delivery charge of £4.95 will be charged. (Your statutory rights are not affected.)

MEASUREMENTS

Measurements given are approximate. All our garments are hand produced and due to this they may vary from sizes given. Variations may also occur due to different shapes and styles of garments and also the different fabrics used.

NON-TRANSFERABLE

Buyer's right to use the Service is not transferable and is subject to any limits established by Company or by Buyer's credit card company.

RESALE

Our prices offer a direct wholesale price structure to the customer and therefore our items are not available for resale or on a wholesale basis. We do not allow the resale of any of our goods either in UK or any other country.

RIGHT TO REFUSE

Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.

RISK

Risk in the goods will pass to you on delivery.  Memsaab does not accept any liability whatsoever for delayed delivery caused by any third party. As soon as you have received the goods you will assume all risk in the goods.

STATUTORY RIGHTS

So that there is no doubt anything stated in relation to returns and exchanges does not apply to any claim that any items do not meet a standard required by law.

INTELLECTUAL PROPERTY

Neither the Content the Trade Marks nor any other portion of the Website may be used reproduced duplicated copied sold resold accessed modified or otherwise exploited in full or in part for any purpose without our prior written consent.

All content available on the Website including but not to text graphics logos button icons images audio clips data compilations and software and the compilation thereof (the "Content") is the property of Memsaab and is protected by UK and international copyright laws. The trade marks logos and service marks displayed on the Website (collectively the "Trade Marks") are the registered and unregistered marks of Memsaab in the UK United States and other countries and are protected by UK and international trade mark laws. All other Trade Marks not owned by us our affiliates our partners or our licensors that appear on the Website are the property of their respective owners who may or may not be affiliated with connected to or sponsored by us.

INDEMNITY

You agree fully to indemnify defend and hold us Memsaab and our officers directors employees agents and suppliers harmless immediately on demand against all claims liability damages losses cost and expenses including reasonable legal fees arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use on this website or the use by any other person accessing the website using your shopping account and/or your personal information.

RETURNS

We will replace or refund most items provided they are returned complete unused and in their original packaging with any appropriate labels and tags intact within 7 days of receipt.
You must take reasonable care of the goods and immediately return them to us in the normal way. We will not consider that you have taken reasonable care of the goods if they have been used in a way or to an extent beyond what would be reasonable when examining the goods in a shop before purchase.
You can return your goods via a Post Office using a second class recorded delivery for parcels under 1kg in weight. You need to ensure that you get the proof of posting and adequate insurance to cover the value of returned goods. We do not provide a free return service.
Please ensure items are adequately packaged and labelled and your completed returns form is enclosed.

Post your parcel to: Memsaab, 124 Bury park Road, Luton, Bedfordshire, LU1 1HE, cannot accept liability of items until they have been received by our offices; therefore you need to ensure that you get the proof of posting and adequate insurance to cover the value of returned goods.
Postage & Packing costs are non-refundable unless your statutory rights apply. We are not responsible for the items which do not reach us therefore please ask the Post Office for a free Certificate of Postage.
We comply with all Distant Selling Regulations for further information see Terms & Conditions.

SPECIAL POSTAGE OFFERS

From time to time we have special free postal offers. These offers are only available in England Wales and parts of Scotland on postage charged at £5.99. A postal charge of £15.00 will still be applicable for Highlands & Islands of Scotland Northern Ireland Isle of Man and Isle of Scilly.

EXCHANGES

If you would like to exchange items for another item or another size we will be glad to assist you; however a postal charge of £5.99 will apply.
It is possible to exchange your items through our stores; however refunds must be directed through our offices

DELIVERY DEADLINES

All delivery deadlines will depend on address details supplied and stocks being present at time of dispatch. If there are any discrepancies in your order we will contact you, so please be sure to provide correct contact numbers with area codes, as well as email addresses.

Memsaab is not liable to pay any refund for late delivery in respect of:
1. Consignments addressed to a PO Box address unless designated as permissible on www.memsaabonline.com ;

2. Consignments addressed to a PO Box or local post office where the postal delivery agent operates a held for collection process;

3. Any delay in delivery due to acts or omissions of customers or other regulatory agencies;

4. Delays in delivery caused by adherence to courier policies regarding the payment of duties and taxes.

Memsaab shall not be liable to pay any compensation or refund for delay where:
1. The consignment was held up in customers for formal entry clearance or because duty is payable;

2. The consignment needs to collection by the recipient in person;

3. The consignment is seized by any customers authority;

4. The consignment does not have a complete and accurate address, postcode and telephone number for the customer;

5. It is indicated in the country specific information that the delivery guarantee does not apply;

6. Memsaab shall have no liability for loss, damage and delay where a consignment is dispatched to a destination where the service has been suspended;

7. Memsaab shall not be liable (whether for the payment of compensation or refunds or otherwise), for loss, damage or delay to the extent that such results from any acts or omission of the customer or circumstances outside its reasonable control, including (without limitation) any adverse weather conditions, traffic congestion, mechanical breakdown, obstruction or public or private highway or from any industrial action whatsoever.

REFUNDS

Refunds will be processed within 28 days of receipt of returns. In keeping with our fraud prevention measures refunds will only be issued in the same form as payments hence we will only refund to the same credit/debit card used to make the purchase and will only issue cheques when payment has been made via Postal Orders. If Your Return Does not Show in Your Account
If the goods are still not showing as a credit in your account after 30 days please call our customer services helpline on 01582 611668. Have your order number ready along with the item number and order date

Unacceptable Returns

Cosmetics Hair Accessories or Pierced Jewellery items will be neither exchanged nor refunded due to current Health & Hygiene regulations
If you return an item to us outside the terms of our returns policy and your statutory rights do not apply we may not refund you. The item may be returned back to you at your expense. You will be notified of this and other associated charges. If you send the item back to us again or refuse to accept delivery this will be deemed to be an irreversible instruction for us to dispose of your goods without further notice.
Please note: Disposal will not constitute any admission on our part that we have failed in any way to honour our obligations to you in full and will not constitute any unlawful action against the goods.

Missing Items / Damaged goods

If any product we supply fails prematurely due to an inherent fault we will provide you with an appropriate remedy eg. Refund, replacement or repair. Simply call our Customer Services Department 01582 611668. No decisions can be made regarding the item until the goods are received by our returns department. No claim for short delivery of goods or goods damaged in transit can be entertained unless notification of the shortage or damage is given to us within 3 days of the date of receipt of the goods.
Refunds will not be given for products that have been damaged whilst in the care of the customer due to misuse or neglect.

Promotional Offers

All promotional offers must be returned in their entirety.

LEGAL DISCLAIMER

The service content goods and services from or through the service are provided "as-is" "as available" and all warranties express or implied are disclaimed (including but not to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The sole and entire maximum liability of company for any reason and buyer's sole and exclusive remedy for any cause whatsoever shall be to the amount paid by the customer for the particular items purchased. company and any of its affiliates dealers or suppliers are not liable for any indirect special incidental or consequential damages (including damages for loss of business loss of profits litigation or the like) whether based on breach of contract breach of warranty tort (including negligence) product liability or otherwise even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between company and buyer. This site goods and services would not be provided without such limitations. Buyer agrees to indemnify defend and hold Memsaab and its affiliates licensors and suppliers harmless from any liability loss claim and expense including reasonable legal fees related to a Buyer's violation of this Contract or use of the Site. To the fullest extent permitted by law we will not be liable for any direct indirect special incidental or consequential damages of any kind (including lost profits) related to the Website regardless of the form of action whether in contract tort (including negligence) or otherwise even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred pounds (£100.00). Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages in such countries our liability is to the maximum extent permitted by applicable law. You agree to defend indemnify and hold us harmless for any loss damages or costs including reasonable legal fees resulting from any third party claim action or demand resulting from your use of the Website. You also agree to indemnify us for any loss damages or costs including reasonable legal fees resulting from your use of software robots spiders crawlers or similar data gathering and extraction tools or any other action you take that imposes an unreasonable burden or load on our infrastructure. To the fullest extent permitted by applicable law any dispute relating in any way to your visit to the Website and any purchase by you of any goods from Memsaab  shall be submitted to confidential arbitration in London except that to the extent you have in any manner violated or threatened to violate our intellectual property rights we may seek injunctive or other appropriate relief in the English Courts and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in London and all applicable provisions of this Section shall apply. We will not be liable to you by way of representation (unless fraudulent) common law duty or under any express or implied term of the Contract for any losses which are not reasonably foreseeable by both Parties when the Contract is formed arising in connection with the supply of Goods and related services or their use by you any losses which are not caused by any breach by us. Any business or trade losses. Our entire liability in connection with the Contract will not exceed the purchase price of the Goods in question. Nothing in this Contract means that our liability to you for death or personal injury resulting from our negligence or that of our employees agents or sub-contractors is. We shall not be liable to you if we are prevented or delayed in the performance of any of our obligations to you if this is due to any cause beyond our reasonable control including (without limitation): an act of God explosion flood fire or accident; war or civil disturbance; strike industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure of our supplier(s); failure by you to give us a correct delivery address or notify us of any change of address.

COPYRIGHT

All rights including copyright in the content of these web pages are owned or controlled for these purposes by Memsaab. You are not permitted to copy download store (in any medium) adapt or change in any way the content or images contained within the web pages of Memsaab for any reason what so ever without the prior written permission of Memsaab. By entering and using this site you acknowledge and agree that all the text graphics images photographs and designs including fabrics accessories and products which appear on this site and the design look and feel of the site itself are protected by copyright design right trade mark rights and other intellectual property rights which are either owned by Memsaab or licensed to it by third parties. You acknowledge and agree that the material and content contained within this web site is made available for your non-commercial use only. You may view and download such material and content onto only one computer hard drive for such purpose. Your use of this site is at your sole risk. Certain links on this site may lead to other web sites which are not under the strict control of Memsaab. When you activate any of these links you will leave the Memsaab web site. We will accept no responsibility or liability in respect of the material on any web site that is not under our control. The content organization gathering compilation magnetic translation digital conversion and other matters related to the Site are protected under applicable copyrights trademarks and other proprietary (including but not to intellectual property) rights and the copying redistribution use or publication by a Buyer of any such content or any part of the Site is prohibited.

LEGAL OWNERSHIP

Memsaab will retain the legal ownership of the goods until you have made full payment and we have received such payment. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.

MISCELLANEOUS

This Contract shall be treated as though it were executed and performed in the county of Surrey of the United Kingdom and shall be governed by and construed in accordance with the laws of the United Kingdom of Great Britain (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within six (6) months after any purchase or be forever waived and barred. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in the Central London County Court and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Registered Company Details
Memsaab Boutique
122-124 Bury Park Road
Luton,
Beds,
LU1 1HE