Terms of Sale

We are Missguided Limited (company number 03235904) (“ML”) and Missguided USA (Finance) Inc (“MUFI”) are the owners and operate the following websites: www.missguided.co.uk; www.missguidedus.com www.missguidedau.com; www.missguided.eu; www.missguidedfr.fr; www.missguided.com/pl; www.missguided.com/de; and www.missguided.com/es (the “Sites”). Missguided Retail Limited (company number 10033268; VAT number 242639993) (“MRL”) is the owner and operator of the Missguided branded stores (“Stores”). Together ML, MUFI and MRL shall in these terms be referred to as “we”, “us”, “our” and “Missguided”

Our registered office and main trading office address is at Missguided HQ, 75 Trafford Wharf Road, Manchester, United Kingdom, M17 1ES.

This page tells you the legal terms and conditions (“Terms”) on which we sell any items on the Sites (“Items”) to you. Please note these Terms only apply to the purchase of Items on the Sites. Purchase of Missguided Items from any other source (including without limitations our Stores or third party stores and websites selling our items) (“Other Sources”), will be governed by the terms and conditions applicable at the relevant source. Please note that promotions and offers available for purchases on the Sites may not be available for purchases through the Stores and Other Sources and vice versa.

Please read these Terms carefully and make sure that you understand them before ordering any Items from the Sites. Please note that before placing an order you will be asked to agree to these Terms. By placing an order on the Sites or purchasing Items from the Stores you confirm your acceptance of these Terms.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time. Every time you wish to order Items, please check these Terms to ensure you understand the terms which will apply at that time.

We reserve the right to amend these Terms from time to time. These Terms were most recently updated on 26 October 2016.

How the contract is formed between you and us on sites

Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order.

Please take the time to check the details of your order at each page of the order process and before clicking “Confirm and Pay”, as you will not be able to make any changes to your order after this point.

After you place an order by clicking “Confirm and Pay”, you will receive an e-mail from us acknowledging that we have received your order. We then send you an email that confirms that the Items have been despatched (“Despatch Confirmation”).

Please note that items are subject to availability. As there is a delay between the time when the order is placed and the time when the order is processed, the stock position relating to particular items may change. If an Item becomes out of stock we will notify you as soon as possible and you will be refunded where we have already taken payment.

We reserve the right to refuse an order for example if the Item you have ordered is unavailable or out of stock, if we are unable to obtain authorisation of payment, if there is an error in the product information including price or promotion or if we suspect fraudulent activity.

If we are unable to supply you with an Item in these circumstances we will inform you of this by e-mail. If you have already paid for the Items, we will refund you the full amount including any delivery costs charged as soon as possible.

Items on the Sites

The images of the Items on the Sites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Items. Your Items may vary slightly from those images.

All sizes and measurements of Items are approximate, however we do make every effort to ensure they are accurate as possible.

We take all reasonable care to ensure that all details, descriptions and prices of Items are as accurate as possible. We reserve the right to refuse orders where information about Items has been mis-published, including without limitation prices and promotions.

All our Items are sold on the basis that they are suitable for domestic use only. Please contact us for further information if you intend using any Items in a business or public environment.

Please be aware that our Items are not aimed at persons aged under 16 so please take extra care when purchasing Items as gifts for persons under this age group.

We take all reasonable care to ensure that the prices of Items are correct at the time when the relevant information is entered onto the Sites.

Prices for Items may change from time to time without notice. However, these changes will not affect orders that have already been despatched.

The price of an item includes VAT (or similar sales tax) (where applicable) at the prevailing rate for which we are responsible as a seller.

Please note that the prices listed on the Sites are only applicable for items purchased on the Sites and not through any other source.

The price of an Item does not include delivery and returns charges. You will be provided with details of our delivery charges during the order process. You can also see our delivery options and charges on our Delivery Details page. You can get information about charges for returning items if you choose to use one of our returns methods on our Returns Information Page.

Please note that whilst we take utmost care in ensuring the content on the Sites (including descriptions of the Items and associated services such as shipping, payment terms, offers and promotions and delivery timescales) are accurate the Sites may at times contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore, reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Where this affects an order that you have already placed we will notify you of the error if it will impact upon your order. In this regard, we reserve the right not to fulfil any orders that you have placed based on information on the Sites that may contain errors or inaccuracies.

Payment

You can pay for Items on the Sites using the following payment options: Mastercard and Visa credit cards, Maestro, Delta, Solo or Electron debit cards, American Express charge cards and PayPal.

You can pay for Items in any of the following currencies: Pound Sterling, US Dollars, Canadian Dollars, Australian Dollars, New Zealand Dollars, Euros, Danish Krona, Swedish Kroner, Norwegian Krone, Hong Kong Dollars, Singapore Dollars and Swiss Francs.

We offer the “Verified by Visa” and “MasterCard SecureCode” service which provides you with a safer shopping experience when using your credit card online. You can register for the service when you reach the checkout process or by contacting your card issuer directly. This is a one off-registration process and you will be able to use the same password when making future purchases with us. Please note, dependent on your card issuer we may not be able to process your order if you do not register and a different method of payment may be required to complete your purchase.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorise payment then you will be notified as soon as possible.

We may undertake searches with credit reference agencies for the purposes of verifying your identity and the personal information you submit as part of an order. To do so the agencies may check your personal information against any particular information on any database (public or otherwise) to which they have access. They may also use your details in the future to assist other companies for verification purposes. We may also use your personal information for the purposes of prevention or detection of fraud. By submitting your order you agree to this.

All Items ordered remain our property until we receive full payment from you.

Delivery on orders placed on sites

You will be given various options for delivery of Items during the order process. The options available to you will vary depending on where you are ordering from. To get specific details of delivery options in your area click on the applicable link below:

Delivery charges will be applied in addition to the prices for the Items you are purchasing. The amount of the delivery charge will depend on delivery option you have chosen.

Please note that in addition to the Items and delivery charges we apply to your order, you may also be required by your country of residence to pay import duties and taxes. Please contact your local customs office for further information so that you are sure about the applicable duties and taxes before you place your order. We are not responsible for payment of such duties and taxes and in the event that you refuse to pay such duties and taxes and the order is returned to us, we will require you to pay any costs that we have incurred as a consequence.

You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your order is going to but also the name of the recipient. We cannot be liable for delivery of your order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.

We will make every effort to deliver your order within estimated timescales. However, delays are occasionally inevitable due to unforeseen factors or events outside our control for example, material shortages, travel or transportation disruption, import delays, software or technical failures or higher than anticipated demand. Please note delivery of your order may take longer during sale or other busy periods.

We are unable to deliver on public and bank holidays, Christmas Day, Boxing Day or New Year’s Day. On these dates, delivery will take longer than usual. Please allow an extra working day (i.e. Monday-Friday, excluding Saturdays, Sundays and public holidays) for each of these days when calculating the estimated delivery date and when choosing your delivery option.

Click and collect

If you select “Click and Collect” as your delivery option when you order on Site you may collect your Items in the Store. You must bring your order details and proof of identity.

Returns

If you change your mind about any items purchased you can return them to us (except grooming products, pierced jewellery or swimwear if the hygiene seal has been removed or any other item that cannot be returned for health or hygiene reasons) within 14 days of the order being delivered to you, provided:

  1. The items are unworn and unwashed (and there are no signs of transfer of any make-up, or other stains);
  2. If shoes, the items are unworn and show no signs of wear;
  3. The Items have all tags attached and are returned with correct despatch and order information.

We will refund the price that you paid for the Items taking into account any discounts or promotions applied when you purchased the items. The refund will not include any delivery charges you have paid. All refunds will be made using the same method of payment you used to purchase the Items.

The above does not affect your statutory rights.

Please note that this policy only applies to items you have purchased on the Sites. For Items purchased from other sources, you will need to check the returns policies of the applicable source.

Cancelling your contract – EU customers only

If you are a European Union customer you also have the right to cancel your contract with us and return your Items by post within 14 calendar days from the day after the date you received your order. This right does not apply to Items that cannot be returned for hygiene reasons or Items where an applicable hygiene seal has been removed (e.g. makeup, underwear, swimwear or pierced jewellery). To cancel your order you must inform us of your wish to cancel in writing either using the Cancellation Form or by writing to our Customer Care Team at customercare@missguided.co.uk or by post to Customer Care, Missguided Limited, Unit 8 Centenary Park, Coronet Way, Salford, Manchester, United Kingdom, M50 1RE. If you are emailing us or writing to us please include details of your order to help us to identify you including your name, address and order number.

You must take reasonable care of the items. Whilst you may inspect the Items when they are in your possession you must not use them.

You will be responsible for returning the items to us including the the cost of returning the items using a courier or other postal method.

You should return the Items in their original packaging wherever possible, as soon as possible after informing us of your wish to cancel. We will not be responsible for any loss or damage to Items that occur before they are returned to us including where they are lost or damaged in transit.

If you cancel your contract you will be refunded the price you paid for the Items within your order and a proportion of the delivery charges you paid up to the cheapest and most common method of delivery available to you at the time. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Items, if this has been caused by your handling, including any loss or damage that occurs during transit. The refund will be made to the original method of payment you used, within 14 calendar days of our receipt of the cancelled Items if earlier, within 14 days from the day we receive proof of return from you.

Please note if you do not wish to cancel your entire contract and just want to return some of the Items in your order you can return them in accordance with our standard returns policy.

The above does not affect your statutory rights.

Gift cards

You can purchase gift cards from our Stores (“Gift Card”). Your Gift Card can be used by you if you are the purchaser or given as a gift. You can use the card in full or part payment for goods purchased in Stores in the UK. The Gift Card cannot be used for purchases on Sites or from other Stores.

You can top up your Gift Card at any time in Stores.

Any payment credited to the Gift Card which is subsequently dishonoured will result in the credit to your Gift Card being revoked.

The value of your purchases will be deducted from the balance on your Gift Card when presented; any remaining balance can be used against future purchases.

The Gift Card is not for re-sale and cannot be exchanged for cash. No change or refund will be given. The Gift Card will not be honoured if sold. If found please cut in two and return to Customer Care Missguided HQ, 75 Trafford Wharf Road, Manchester, M17 1ES.

The Gift Card will automatically expire 12 months after the last time that you use it to make a purchase or check your balance and any remaining balance will be deducted.

We will not be responsible if your Gift Card is lost, stolen or damaged. It will not be replaced or its value refunded in any of these circumstances.

The Gift Card remains our property and is not a cheque guarantee, credit or charge card.

General

Your use of the Sites is governed by our Terms of Use . Amongst other matters, this details how you may use our name, logos and content on the Sites. Please take the time to read this carefully so that you are clear about how you may use the Sites. By using the Sites you are confirming acceptance of the terms of our Terms of Use.

When you use the Sites we will use your personal information in accordance with our Privacy Policy . Please take the time to read this carefully as it sets out how we will use information about you and how your information may be shared with third parties. By placing an order on and/or using the Sites you are confirming acceptance of the terms of the Privacy Policy.

The Sites use cookies. Please review our Cookies Policy to see how we collect and use information collected by cookies on our Sites. By using the Sites you are confirming acceptance of the terms of our Cookies Policy.

If you are a consumer, you may only purchase Items from the Sites if you are at least 16 years old. Otherwise you a parent or guardian must purchase Items from the Sites for you.

You agree not to use any Items purchased for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We only supply the Items for domestic and private use. If you are not a consumer you must obtain our prior written consent to purchase Items from the Sites. Nothing in these Terms excludes our liability for death or personal injury caused by negligence, for fraud or any other liability that cannot excluded or limited by law.

These Terms and any document expressly referred to in them, our Privacy Policy, Cookies Policy and Terms of Use constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.

You acknowledge that in placing an order and entering into a contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them including without limitation our Privacy Policy, Cookies Policy or Terms of Use. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on these terms.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by any act or event beyond our reasonable control.

We may transfer our rights and obligations under our contract with you to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

When you purchase Items from us, the contract formed is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

These Terms are governed by English law. This means your use of the Sites and any contract for the purchase of Items through the Sites; and any dispute or claim arising out of or in connection with the same will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction to settle any disputes arising out if these Terms or your use of the Sites.

If you have any questions about our Terms or Sites and Stores please contact our Customer Care Team at customercare@missguided.com or Missguided HQ, 75 Trafford Wharf Road, Manchester, United Kingdom, M17 1ES.