- Miller Harris | Terms And Conditions
Terms And Conditions
Thank you for accessing the Miller Harris website.
Miller Harris provides the content and services available on this website to you subject to the following terms and conditions.
From time to time we may modify our terms and conditions to which the content and services available are subject.
Accordingly, please continue to review them whenever accessing or using our Website.
Acceptance of these terms and conditions does not affect your statutory rights, except so far as legitimately excluded.
A. REGISTRATION AND ORDERS
All products are subject to availability.
We will inform you as soon as possible if any items you have ordered are not available.
Acknowledgement and acceptance of your order
We will notify you by email as soon as possible to acknowledge receipt of your order.
If we are unable to fulfil your order following this acknowledgement, we will contact you by email or telephone advising you of this.
A contract between you and Miller Harris will come into existence upon us notifying you by subsequent email or telephone that your order has been confirmed and is being dispatched.
You will become liable to make payment for the order at that time. At any point up until then, we may decline to fulfil your order.
If we are unable to supply a particular item or there is a delay in supplying an item for any reason beyond our reasonable control (including but not limited to an item being out of stock, us identifying a product or pricing error or if we are unable to obtain authorisation for your payment) we will not be liable to you.
Risk in the products constituting the orders will pass to you immediately upon delivery.
You will be deemed to have accepted the order unless you notify us upon receipt that the order is incorrect or if you otherwise exercise your cancellation right set out below.
If you fail to act in accordance with these terms, we shall have no obligation to accept a purported rejection exercised by you.
We retain the legal ownership of all products until we have received full payment.
We shall automatically and immediately regain legal ownership of the products in the event that we refund payment to you.
We shall be pleased to assist if you have any queries or require any information regarding your order. Please email us at [email protected] or call us on
+44 (0) 20 7079 1239.
You can pay by Mastercard, Visa, Switch, Delta, Electron, Solo, or Maestro card.
Payment for each order will be taken from your debit/credit card at the point at which the order is despatched.
Our liability to you in connection with any order will not exceed the total price charged for the relevant items.
You have the right to cancel your order up to 7 working days after the day following the delivery of the goods by sending us a notice of cancellation(by email or post) and returning the goods to us (within the specified deadline) in their original, unopened and unused condition. This does not apply to any sale items.
We hope that you will be happy with your purchase but if you are not, we offer a full refund or exchange on any item within 28 days of receipt as long as it is unused and in its original packaging. We cannot refund or exchange any sale items. However if, upon delivery, you notice that any of the products in your order are damaged we shall be happy to replace them.
Delivery will be made to your billing address or such other address specified by you at the time of ordering.
Free delivery on all orders over £75. UK orders only.
Standard UK Delivery £5.50. Please allow up to 3-4 working days for delivery.
If you would like a gift message to be included, please email [email protected] stating your order number in subject line.
See below for more detail on delivery times.
Delivery will be made to your billing address or such other address specified by you at the time of ordering.
For enquiries on this or in respect of international deliveries outside the UK (including Channel Islands) please contact us at [email protected] or calling +44 (0) 20 7629 7750.
Delivery times - England, Wales, Scotland, Northern Ireland and the Isle of Wight:
We endeavour to deliver to the below territories within 72 hours:
- Southern Ireland
- Channel Islands
- Scottish Highlands: FK17-99, G83, IV1-28, IV33-39, KW all, PA21-33, PA35-40, PH18-26, PH30, PH31-42.
- Scottish Islands: HS1-9, IV40-51, IV55-56, KA27, KA28, KW15-17, PA20, PA34, PA41-48, PA60-78, OH42-44, ZE1-3
- Isle of Man
- Scilly Isles
European territories delivery charge and times are as specified below:
France, Netherlands, Belgium, Liechtenstein Luxembourg, Germany, Denmark, Austria, Spain, Italy, Czech Republic and Slovakia – £15 delivery charge and will take 3-5 working days.
Switzerland – (£15 delivery +£25 Clearance Charge) allow 3-5 working days
Sweden, Finland, Estonia, Poland, Portugal, Hungary and Slovenia – £19 delivery charge and will take 7 working days.
Norway, Iceland, Latvia, Lithuania, Romania, Croatia, Bosnia Herzegovina, Montenegro, Serbia, Bulgaria, Greece – £28 delivery charge and will take 7 working days (Norway and Iceland will incur a £25 clearance charge)
Switzerland, Norway, Iceland, Croatia, Bosnia Herzegovina, Montenegro, Serbia, and Liechtenstein are subject to a £25 custom clearance charge.
Please note that working days exclude Saturdays, Sundays and bank holidays. Any delivery timescales are indicative only and do not constitute binding obligations on us. For security reasons all parcels must be signed for on receipt.
All content available on our website, including but not limited to text, content, graphics, logos, photographs, names, illustrations, artwork, trademarks and other material, is the property of Miller Harris Ltd and is protected by copyrights, trade marks and/or other proprietary rights.
You are permitted to use this website for personal purposes only.
You agree not to use any content of the website for commercial purposes, including but not limited to copying, duplicating, reproducing, storing, selling, reselling, modifying, accessing or otherwise exploiting the content in whole or in part other than as set out above without our prior written consent.
We attempt to be as accurate as possible when describing our products and prices on the website.
However, subject to applicable law, we do not warrant that the product descriptions, colours or other content available on the Site are accurate, complete, reliable, current, or error-free.
All prices are displayed inclusive of VAT and exclusive of delivery charges.
3. Links to other websites
Miller Harris may, purely as a convenience to its website users, from time to time include links to other web sites or material which are beyond its control.
Such links are in no way an endorsement by us of the referenced content, product, service, or supplier.
Should you chose to link to or from any off-website pages or other websites, you acknowledge that this is carried out entirely at your own risk and we will accept no liability to you, howsoever caused in that respect.
4. Your suggestions
We welcome your enquiries, feedback, suggestions and other ideas (collectively “Suggestions”) regarding the website or products and services provided by us.
All Suggestions will be submitted on the understanding that they are non-confidential and non-proprietary to the person or organisation providing them and that they may not be returned to you and that we may not communicate with you in respect of them.
You also agree and acknowledge that we may use or modify the Suggestions and any ideas, concepts or know-how contained therein without restriction, for any purpose (commercial or otherwise), without acknowledgement or payment to you.
In providing the Suggestions you agree that you will not misrepresent the origin of the Suggestions and agree to indemnify us for all claims arising from or in connection with any claims in respect of any Suggestion including to any rights therein.
5. Limitation/exclusion of liability
The Miller Harris Website is provided to you without warranties or guarantees of any kind whatsoever (express or implied) and your use of our website and its contents is entirely at your own risk.
In particular, the user must bear the inherent risks associated with the use of the worldwide web. We accept no responsibility or liability for functions contained on our Website and will not be responsible for.
Any errors or omissions or for any technical problems (including but not limited to worms and viruses) you may experience with the website;
incompatibility of the website with any of your equipment, software or telecommunications links.
Save as expressly stated elsewhere in the Terms and Conditions, we will not be liable to you or any third party for any direct, consequential or incidental loss or damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any indirect loss whatsoever that arises out of or is related to the use of our website.
6. International Access
Miller Harris does not warrant or otherwise promise that the website, use thereof or the Terms and Conditions (in whole or in part) are in compliance with laws or available for use in locations outside the United Kingdom.
If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
To the extent that any provision of the Terms and Conditions is unenforceable in such locations, that provision should be struck out and the remaining provisions remain in force.
Any notices under these terms and conditions may be sent either by email to [email protected] or in writing to:
21 Bruton Street
London W1J 6QD
No delay, forbearance or failure by us to take action in respect of any breach of any obligation arising under these Terms shall constitute a waiver of any other breach and no failure to exercise or partial exercise by Miller Harris of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
9. Governing law
This website, any content contained herein and any contracts entered into as a result of usage of this website are governed by the laws of England and Wales and the exclusive jurisdiction of the English courts.
Miller Harris Privilege Card:
These General Conditions apply to the use of the Miller Harris Privilege Card (“Card”) issued and supplied by Miller Harris Limited trading as Miller Harris (“We, Us, Our”) to you (“You, Your”), they form the terms of Your agreement with Us in relation to the use of the Card (“Agreement”) and You will be deemed to have accepted them by using the Card.
1. Your selection and Issuing of Cards
1.1. This is a personal Card, which is offered to You as a highly regarded and valued customer. You have been selected at Our discretion for the Discount. It is not an offer to the general public.
1.2. All Cards remain Our property and You must immediately return all issued Cards to Us upon request.
2. Use of Your Card
2.1. You must do the following: (i) sign each Card immediately when You receive it and ensure that all Cards are kept secure and do not allow another person to use it or take advantage of the Discount; (ii) not use the Card, before or after the period it is valid for or after You receive notice that We have cancelled or withdrawn the Card; (iii) notify Us immediately of any changes to Your name, telephone number and address; and (iv) not use the Card to carry out transactions for illegal or unlawful purposes or for transactions not permitted by this Agreement.
2.2. We reserve the right at any time, at Our absolute discretion and without affecting Your obligations under this Agreement which shall remain in force to: (i) cancel, vary, restrict or suspend the right to use any Card entirely or the Discount; and (ii) refuse to renew or replace any Card.
3. Your Discount
3.1. Your personal discount is specified in the accompanying letter from Us to You (“Discount”). Discount will only be permitted on Miller Harris products obtained from the Miller Harris shops at 14 Needham Road London W11, 21 Bruton Street London W1, 14 Monmouth Street London WC2. The Discount does not apply to the Miller Harris Bespoke consultancy service, the Miller Harris Bespoke products, Mail Order or Miller Harris products from any other store.
3.2. We may decide not to give the Discount if: (i) Your Card has been reported as lost or stolen, or We have reason to believe it is lost or stolen; or (ii) You have broken any of the terms of this Agreement.
3.3. You may not receive a cash alternative for the Discount and the Discount will be deducted at the point of sale on presentation of the enclosed Card (photocopies are not accepted) and appropriate proof of identification.
3.4. The Discount will only be applied on the purchase of items or if items are being obtained by exchange or credit note in accordance with Our Returns Policy, which is available in store. You will only be entitled to an exchange or credit note for the amount actually paid. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS.
4. Lost or Stolen Card
4.1. If a Card is lost, stolen or is in the possession of any other person, You must immediately notify Us.
4.2. You authorise Us to give any appropriate third party any relevant information in connection with the loss, theft or possible misuse of Your Card.
5. Using and sharing Your information
5.1. Your Card is issued by Miller Harris Limited whose registered office is Miller Harris, 21 Bruton Street, W1J 6QD
5.2. Where We refer to “Group” in this clause We are referring to Miller Harris Limited and any subsidiary companies thereof including but not limited to Us.
5.3. Your information may be held on a Group database for a reasonable period or as long as the law requires and used by the Group for the purposes set out in this clause. Your information includes any information which the Group holds, now or at any time in the future and which comes from, or relates to; (i) Your dealings with the Group; and (ii) Your products and services from the Group.
5.4. The Group will use, analyse and assess Your information to maintain and develop Our relationship with You. This will include the following purposes: (i) operation and administering the services and products the Group supply; (ii) servicing Your relationships with the Group; (iii) helping the Group identify products and services which may interest You (unless You have asked Us not to): and (iv) helping the Group to understand and develop the business of the Group, including new and innovative products and services.
5.5. We do not disclose Your information outside the Group except: (i) when required to do so for operational reasons described in (i) and (ii) in sub-clause 5.4 above; (ii) where We have Your consent; (iii) to assist in legal proceedings or where We are required or permitted to do so by law; (iv) to persons to whom We may transfer rights and obligations under this Agreement; (v) to any person, including insurers, who provide a service to Us, who have agreed to keep Your information strictly confidential.
5.6. It may be necessary for Your information to be transferred to someone who provides a service to Us in other countries. If We do this We will ensure that anyone to whom We pass Your information agrees to treat Your information with the same level of protection as if We were dealing with it.
5.7. You have the right of access to Your personal records held on Our files by written request to The Data Protection Office, Miller Harris 21 Bruton Street London W1J 6QD and on payment of a fee.
6. Ending the Agreement
6.1. We may end this Agreement at any time after giving You 7 days written notice.
6.2. If You breach any of these General Conditions, die or be declared bankrupt, We may, end this Agreement.
6.3. You may also end this Agreement at any time by giving Us notice in writing.
7. Consequences of Exercising Right to End the Agreement
7.1. If either party exercises its right to terminate the Agreement then all Cards that have been issued to You for use must be returned to Us.
8. Limitation of Liability – THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS
8.1. We will not be liable to You for any loss or damage whatsoever and howsoever arising as a result of Us exercising Our rights in accordance with this Agreement.
8.2. We will not be liable under this Agreement for any loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether arising in tort (including negligence), contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known including but not limited to such loss or damage arising from: (i) the failure to accept or honour a Card for any transaction; (ii) the manner in which the refusal to accept the Card is communicated to You; or (iii) any malfunction, strike or dispute.
8.3. In any event Our maximum aggregate liability under this Agreement, whether arising in tort (including negligence), contract or otherwise will in no circumstances exceed the amount, if any, actually recovered by Us under any relevant policy of insurance and such sum recovered shall be used to satisfy Our liability under this Clause 8.3.
8.3. Nothing in this Agreement shall exclude or limit Our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair
Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under
9. General Provisions
9.1. We reserve the right at any time to supplement or change these General Conditions. You can get the latest General Conditions by telephoning 020 7629 7750 or writing to Customer Service, Miller Harris Limited c/o 21 Bruton Street London W1J 6QD.
9.2. We may allow another person to take over any of Our rights and/or duties under this Agreement.
9.3. If any term of this Agreement is deemed by any court to be illegal, invalid or otherwise unenforceable, then to the extent in which that term is illegal,
invalid or unenforceable, it shall be severed and deleted from this Agreement and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable to the fullest extend permitted by law.
9.4. This Agreement and these General Conditions are governed by English Law.
Valentine’s Competition Terms & Conditions – February 2013
1. The Miller Harris ‘Win the Ultimate Valentine’s Gift Competition’ is open from Thursday 7th February 2013 until 6pm on Tuesday 12th February 2013.
2. The competition is open to all over the age of 16 excluding employees, agents (or families of such employees or agents) of Miller Harris or anyone else connected with the administration of the competition.
3. By entering the competition, all entrants agree to be bound by these terms and conditions and any entrant who fails to abide by any of these terms and conditions, or fails to meet the entry criteria set out in paragraph 2 above, may be disqualified at the sole discretion of Miller Harris.
4. To enter the competition, entrants submit their email address and their relevant personal information required.
5. After the closing time on Tuesday 12th February 2013, a winner will be picked at random.
6. Miller Harris accepts no responsibility for incomplete, lost, indecipherable entries. If the entry procedure to the competition is found to have been tampered with in any way, including submission of ‘spam’ entries, Miller Harris may withdraw the competition at their discretion. Only one entry per valid email address.
7. All entries must be received by 6pm on Tuesday 12th February 2013. No entries will be accepted after the closing date.
8. The winning entry will receive a Miller Harris Fleur Oriental 50ml Perfume and 185g candle worth £100, £100 worth of Chocolate from Melt, and a bouquet from The Real Flower Company worth over £100.
9. The winner will be notified via email on Tuesday 12th February 2013. In the event that the winner fails to confirm acceptance of the prize within 14 days of receiving notification, then Miller Harris reserves the right to substitute them with another entrant of its choice.
10. The winner agrees to have their name published on the Miller Harris website (www.millerharris.com), the Miller Harris blog (http://millerharris.blogspot.co.uk/), the Miller Harris Facebook page and the Miller Harris Twitter page.
12. The prize is non-transferable, subject to availability and there is no cash alternative.
13. By entering the competition all entrants consent to the use of their personal details by Miller Harris, Melt and The Real Flower Company for the purposes of the administration of the competition only and any other purposes to which the entrant may consent on entry to the competition.
14. Miller Harris reserves the right to modify or vary the competition and/or these terms and conditions at any time.
15. For the purpose of this competition, entrants will be submitting their details through a third party application to Miller Harris and not to Facebook. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. All information provided by participants including their name and email address are submitted to Miller Harris and not to Facebook.
16. These Terms and Conditions shall be governed by and construed in accordance with laws of England and the courts of England shall have exclusive jurisdiction in relation to any disputes arising