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Terms and conditions


Welcome to Mermaid In England! Your use of the Mermaid In England website www.mermaidinengland.com and any purchases that you make will be governed by the terms and conditions below (the "Terms") and our Privacy & Security Policy. We expect you to read them through carefully and print a copy for future reference!


Terms of Purchase [top]


These Terms apply to all orders of Mermaid In England products ("Swimwear") made by you on our Site.


Registration


To use some of the services and features made available to you on this Site, you will need to Register. We may change registration requirements from time to time.


When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please log in and then make any amendments on the 'Account' section of the site.


Ordering


All orders for Swimwear shall be deemed to be an offer by you to purchase the Swimwear in accordance with these Terms.


The checkout stage sets out the final details of your order. Following this, we will send you an order acknowledgement email detailing the Swimwear you have ordered. Please note that this email is not an order confirmation or order acceptance from Mermaid In England.


The acceptance of orders for Swimwear shall be at the entire discretion of Mermaid In England and the completion of the contract between us will take place on despatch to you of the Swimwear ordered (unless we have notified you that we do not accept your order or you have cancelled all or part of it).


Prices, Taxes and Duties


All prices quoted are exclusive of delivery charges - please refer to the Delivery and Shipping section below.


In relation to orders inside EEC, the prices quoted are in British pounds sterling and include VAT.


The prices quoted do not include any additional taxes or duties. You are responsible for payment of any local duties or taxes which may be payable on entry of your order into the relevant country. You authorize Mermaid In England to issue all certificates and documents required for any such duties or taxes. Mermaid In England cannot be held liable for any of these extra costs, but will of course endeavour to help you in anyway we can with any queries that you have.


While we try and ensure that all prices on our Site are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the Swimwear, you will receive a full refund.


Payment


Payment can be made by Visa, Visa Electron, Master Card, JCB and Solo debit cards. Payment will be debited and cleared from your account upon receipt of your order by our nominated payment agent, WorldPay (see http://www.worldpay.com/shopper/ ). You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.


In the event that we are unable to supply the Swimwear, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the Swimwear.


Promotional Codes


Promotional codes entitle you, at the time of ordering, to a discount on an order with Mermaid In England. Only one promotion code can be used per order. Discounts do not apply to delivery and other charges. Promotion codes are only valid for a limited period of time. The expiry date will be publicised with the relevant promotional code.


There are no expiry dates on VIP discount cards sent to specific customers by Mermaid In England. However, Mermaid In England reserves the right to cancel any card and/or withdraw the code at any time without notice. VIP discount cards may only be used by the person named on the card.


General


Any variations to these Terms must be in writing, otherwise they will not be binding on either party.


We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the Site (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use the Site and your continued use of the Site will signify your acceptance to be bound by the latest terms and conditions.


You will leave in position and not cover, deface or erase any notices or other marks which we may place on or affix to the Swimwear. You further acknowledge that all intellectual property rights in the Swimwear do and shall continue to belong to Mermaid In England and that you will not infringe any such rights.


All sizes, measurements and the size guide are approximate but we do try to make sure they are as accurate as possible.


The Swimwear sold by Mermaid In England are natural products and therefore there may be minor variations in colour, texture, shade and general appearance. In addition, we have made every effort to ensure the colours that you see on our Site accurately reflect the colour of our Swimwear on delivery. However, the settings on your computer and/or monitor may cause discrepancies. Mermaid In England shall not be liable for any of these variations which are outside its control.


Mermaid In England shall not be liable to you for:

  1. Cost of any substitute goods;
  2. any defects caused by your or a third party's misuse, neglect or default;
  3. Any defects caused by fair wear and tear;
  4. Any defects caused by failure to follow our instructions in relation to cleaning and use of the Swimwear.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited to excluded under applicable law.


The Terms and Privacy Policy on our Site are governed by and construed in accordance with the laws of England and you submit to the exclusive jurisdiction of the Courts of England and Wales.



Delivery and Shipping [top]


Mermaid In England delivers in the UK via Royal Mail and worldwide via Airmail International Signed For. Estimated delivery times are specified below:


Items in your shopping bag can be delivered to one address only. We cannot deliver to a PO Box address.


Delivery charges and estimated timescales are specified below and also when you place your order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. Mermaid In England shall be under no liability for any delay or failure to deliver your order within estimated timescales.


UK: 2-3 Days to Deliver: We will endeavor to deliver packages within 3 business days to our customers living in the UK.


UK: Royal Mail Next-day Delivery: Items must be ordered and the transaction completed by 12pm to qualify for next day delivery.


Europe and Worldwide: 7-10 Days to Deliver: We will endeavor to deliver packages within 5 business days to our customers living outside the UK.



Prices above are for orders of up to 2 items, add an additional $1.75 for each item after that


Delivery on orders $175.00 or more is free!



Mermaid In England has arranged for all merchandise in transit from Mermaid In England to the delivery address to be insured against theft and accidental damage at no cost to you, until the merchandise has been delivered to the specified delivery address, at which point the merchandise is no longer covered by insurance.



Cancellation and Returns Policy [top]


Cancellation, Returns and Replacements


You may cancel your order at any time up until 8 days after you have received your package by emailing customercare@mermaidinengland.com. Unfortunately once an order has been placed we are unable to prevent you being charged or the item being shipped. Therefore, when you have received your package please return it in accordance with the Returns Policy as shown below. You may cancel your order at any time up until 8 days after you have received your package by contacting customer services:


You can email Customer Care at the following address:



Or you can call us on the following number:




Please do not attempt to return any item without a valid return number. You can obtain a return/exchange number by emailing customercare@mermaidinengland.com. Returns after 14 days will not be accepted.Parcels without a valid return number will not be accepted.


If for any reason you wish to return an item of swimwear please read the following list before attempting a return, this will prevent any dissapointment or delay when dealing with your return/exchange.



Please allow 14 days for refund to be processed and refunded to your card. We will send you an email to let you know when the refund has been processed.


Return postage fees cannot be refunded unless the reason for the return of the goods was due to an error made by us. If the error is ours we will then refund postage costs up to a maximum of the postage price you originally paid on your order.


Return of Faulty Swimwear


If you believe any of the Swimwear we have supplied you is faulty, you should refer to the Returns Policy as shown above.


Refunding your Money


Once we have received your return Swimwear, we will endeavour to process your request for either a refund as quickly as possible. In some cases this may take up to 14 days (excluding shipping time), so we would be grateful if you could bear with us. Please note that we can only refund the credit card you originally used to place your order. We cannot credit any other cards or persons, nor send cash, make bank transfers or cheques.


You will not receive a refund for taxes and duties you paid on shipping or on items delivered outside the European Union. However, once you've returned the Swimwear to us, it should be possible for you to claim a refund of duties from your local Customs authority. To do this, you will need to show them proof of duty paid and proof of export (e.g. certificate of posting) when claiming your refund. Should you have any further queries on duties payable/refundable, please contact your local Customs authority.


General


This cancellation and returns policy does not affect your rights under law. For further information about your rights under law contact your local trading standards authority, citizens advice bureau or national equivalent.



Terms of Use of Our Site [top]


Ownership


This Site and all associated web pages and domains are owned by 'Born in the Storm', trading as Mermaid In England.


Trade marks


'AquaChange' and 'Mermaid In England' are trade marks of Mermaid In England in the United Kingdom, Australia, the United States and other countries. Any trade marks, logos and graphics may not be used in connection with any product or service that is not Mermaid In England's in any form that may cause confusion among customers, or disparages or discredits Mermaid In England.


Copyright and Restrictions on Use of Site Materials


The following are owned by or licensed to Mermaid In England and protected by UK and International Copyright laws: 1.All copyrights and other intellectual property rights contained in this Site, such as the text, graphics, logos, button icons, images, audio clips and software; 2. The compilation (meaning the collection, arrangement and assembly) of all contents on this Site; 3. All software used on this Site;


The content and software on this Site may be only used as a shopping resource and any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on this Site is strictly prohibited save to the extent that it is for your own personal and non-commercial use.


Submission of Unsolicited Ideas


All remarks, suggestions, ideas, graphics, materials or other information sent to Mermaid In England through this Site (together the "Submission") will forever be the property of Mermaid In England. Mermaid In England will not be required to treat any Submission as confidential, and will not be liable to you for the use of any ideas for its business (including, without limitation, development, design, manufacture, marketing or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Mermaid In England operations. All Submissions to this Site or to Mermaid In England are, and shall remain, the sole and exclusive property of Mermaid In England and may be used by Mermaid In England for any purpose whatsoever, commercial or otherwise, without compensation. Mermaid In England is not seeking any Submissions, and although we are interested in your comments about our products and our business, we encourage you not to submit any such ideas.


Disclaimer relating to Site Use


This Site is provided by Mermaid In England on an "as is" and "as available" basis. You acknowledge and agree that we do not warrant that this Site or the server which makes it available shall operate without interruption, be error free, free of viruses or other harmful components. Mermaid In England does not warrant or make any representations regarding the use or the results of the materials in this Site in terms of their correctness, accuracy, reliability, or otherwise.


Mermaid In England reserves the right to alter, adapt or otherwise change the Site from time to time and to suspend or discontinue any aspect of the Site without notice or liability.


Mermaid In England makes no representations regarding the content of any other websites which you may access to or from the Site. A link to a non-Mermaid In England websites does not mean that Mermaid In England endorses or accepts any responsibility for the content or use of such website. You understand that the worldwide web contains material which may be offensive to you and that you access such material at your own risk. Mermaid In England has no control over and accepts no responsibility for such material.



Privacy & Security Policy [top]


Mermaid in England respects the privacy rights of its online visitors and recognises the importance of protecting the information collected about them. By using www.mermaidinengland.com (the 'Site') you are indicating your agreement to the terms of this policy. If you disagree with any of the terms, then please do not use our Site.


Cookies


We use 'Cookies' in order to personalise your visit to our web site and customise our pages for you (such as your shopping bag preferences). We may use the information provided by cookies to analyse trends, administer the site, or for internal research and marketing purposes to help us better serve you. If you like, you can set your browser to notify you before you receive a cookie so you have the chance to accept it and you can also set your browser to turn off all cookies. The web site www.allaboutcookies.org (run by the Interactive Marketing Bureau) contains step-by-step guidance on how cookies can be switched off by users.


Your Personal Data


Mermaid in England are committed to protecting your privacy and will ensure that the information we obtain and use will always be processed and transferred in compliance with all European Union data protection laws and regulation. Please be aware that we may use your information for the following purposes:



Please note that we will never rent or sell our customer lists to any other organization or individual.


General


Should there be any inaccuracies in the information of which you inform us, or of which we become aware, please let us know and it shall be promptly rectified by us.


You have a right to access the personal data we hold about you. If you wish to obtain a copy of this information, please email us at customercare@mermaidinengland.com. enclosing your postal details.


Our Site may contain links to other web sites belonging to third parties. Please make sure when you leave our Site that you have read that Site's privacy policy.


If for any reason you are concerned that the personal information maintained by Mermaid in England is not correct, please visit our Site and, after logging into the Site using the "Login" menu at the top of the page; your personal information will be made available for review and change in the 'Account' section. Only you, and/or upon request from you, the Customer Service department can access your personal data from the Site using your password and User ID. Information may be changed online within this section. If you prefer to contact us by E-mail at customercare@mermaidinengland.com we will amend your personal details.


Security


Your password is your key to your personal information on our Site including your account information and your order information. Please keep this in a safe, secure place and do not share your password with others. If you should forget your password, Mermaid in England can email a token to reset the password to your account's email address.


We are committed to the security of your details. Our systems are rigorously tested and have been developed with up to date encryption software. We do not take or store any highly confidential information (such as a credit card numbers), and all such data is entirely handled by our leading e-commerce payment companies (WorlPay & PayPal) who in turn have secure encrypted links between themselves and all the major banks.