terms + conditions

TERMS OF TRADING

Summary of some of your key rights:

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.

 

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you're entitled to the following:

up to 30 days: if your goods are faulty, then you can get a refund;

• up to six months: if they can't be repaired or replaced, then you're entitled to a full refund, in most cases;

• up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.

The information in this summary summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.

 

This contract sets out:

• your legal rights and responsibilities;

• our legal rights and responsibilities; and

• certain key information required by law.

In this contract:

• ‘We’, ‘us’ or ‘our’ means VICTORIA JANE MCKENNA LIMITED; and

• ‘You’ or ‘your’ means the person using our site to buy goods from us.

If you don’t understand any of this contract and want to talk to us about it, please contact us by:

• email customerservices@victoriajanemckenna.com (Emails will be responded to Monday to Friday: 9am to 5.30pm); and

• telephone +44 (0)844 884 9266 (Calls will be answered Monday to Friday: 9am to 5.30pm). If you have a hearing or speech impediment you can contact us using a textphone, just dial 18001 and use our mobile number +44 (0)7904 523413. We may record calls for quality and training purposes.

 

Do you need extra help?

If you would like this contract in another format (for example: audio, large print, braille) please contact us using the contact details at the top of this page.

 

Who are we?

We are registered in England and Wales under company number: 8790267

Our registered office is at: 18 Swaythling Close, Lincoln, Lincolnshire LN6 3DD

Our VAT number is: 274 7245 82.

Our contact address is: Victoria Jane McKenna Ltd, Building 12969, PO Box 4336, Manchester M61 0BW

 

1 Introduction

1.1 If you buy goods on our site you agree to be legally bound by this contract.

1.2 You may only buy goods from our site for non-business reasons.

1.3 This contract is only available in English. No other languages will apply to this contract.

1.4 When buying any goods you also agree to be legally bound by:

1.4.1 our Terms of Trading and any documents referred to in them; 

1.4.2 extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month's notice. You can end this contract at any time by giving one month's notice if we tell you extra terms apply that are disadvantageous to you; and 

1.4.3 specific terms which apply to certain goods. If you want to see these specific terms, please visit the relevant webpage for the goods or click on the product details at any time during the online checkout process.

 

All these documents form part of this contract as though set out in full here.

 

2 Information we give you

2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:

2.1.1 click on the ‘product details button’;

2.1.2 read the acknowledgement email (see clause 3.2.1); or

2.1.3 contact us using the contact details at the top of this page.

2.2 The key information we give you by law forms part of this contract (as though it is set out in full here). 2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

 

3 Ordering goods from us

3.1 Below, we set out how a legally binding contract between you and us is made.

3.2 You place an order on the site by adding your chosen goods to the shopping cart, proceeding to the checkout and making payment for those goods. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.

3.2.1 When you place your order at the end of the online checkout process when you click on the ‘pay now’ button we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.

3.2.2 We may contact you to say that we do not accept your order. This is typically for the following reasons:

(a) the goods are unavailable;

(b) we cannot authorise your payment;

(c) you are not allowed to buy the goods from us;

(d) we are not allowed to sell the goods to you;

(e) you have ordered too many goods; or

(f) there has been a mistake on the pricing or description of the goods.

3.2.3 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:

(a) a legally binding contract will be in place between you and us; and

(b) we will dispatch the goods to you.

3.3 If you are under the age of 18 you may buy any goods from the site.

 

4 Right to cancel this contract

4.1 You have the right to cancel this contract within 14 days without giving any reason.

4.2 The cancellation period will expire after 14 days from the day you receive our Order Confirmation Email.

4.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post or email). You can use the model cancellation form set out in the box below, but it is not obligatory. You can also electronically fill in and submit the model cancellation form or any other clear statement on our website https://www.victoriajanemckenna.com/contactfor the link to the form. If you use either of these options, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (eg by email) without delay’

 

Cancellation form

To Victoria Jane McKenna Limited of Building 12969, PO BOX 4336, Manchester M61 0BW email: customerservices@victoriajanemckenna.com telephone: 0844 844 9266

I/We [*] hereby give notice that 

I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*], Ordered on [*]/received on [*], 

Name of consumer(s), 

Address of consumer(s), 

Signature of consumer(s) (only if this form is notified on paper), 

Date [*] Delete as appropriate

 

4.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

 

5 Effects of cancellation

5.1 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

5.2 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

5.3 We will make the reimbursement without undue delay, and not later than:

5.3.1 14 days after the day we received back from you any goods supplied; or

5.3.2 (if earlier) 14 days after the day you provide evidence that you have returned the goods; or

5.3.3 if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

5.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

5.5 If you have received goods:

5.5.1 you shall send back the goods, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

5.5.2 we will bear the cost of returning the goods.

5.5.3 you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

6 Delivery

6.1 We use third party couriers to deliver our goods. If you want to see your delivery options, visit our webpage https://www.victoriajanemckenna.com/shipping-returns before you place your order.

6.2 The estimated date and time window for delivery of the goods is set out in the Confirmation Email (see clause 3.2.3).

6.3 If something happens which:

6.3.1 is outside of our control; and

6.3.2 affects the estimated date of delivery;

we will let you have a revised estimated date for delivery of the goods.

6.4 Delivery of the goods will take place when we deliver them to the address that you gave to us.

6.5 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:

6.5.1 let you know;

6.5.2 cancel your order; and

6.5.3 give you a refund.

6.6 If nobody is available to take delivery, please contact us using the contact details at the top of this page.

6.7 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.

6.8 We do not make deliveries to any addresses outside of the UK. However, we do deliver to British Forces Post Office (BFPO) addresses (although please check that you are allowed to send the goods to a BFPO address as some goods are restricted or prohibited).

6.9 We may deliver your goods in instalments. If you want to see whether your goods may be delivered in this way, click on the ‘product details’ button at any time during the online checkout process.

 

7 Payment

7.1 We accept all major credit and debit cards. We do not accept cash or cheques.

7.2 Online payments will be processed by the third party payment provider Stripe, INC.

7.3 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy[HF1] or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

7.4 Your credit card or debit card will only be charged when the goods are dispatched.

7.5 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:

7.5.1 Verified by Visa: https://www.visa.co.uk/products/protection-benefits/verified-by-visa/

7.5.2 Mastercard®SecureCodeTM: https://www.mastercard.co.uk/en-gb/consumers/features-benefits/securecode.html; or

7.5.3 American Express SafeKey: https://www.americanexpress.com/uk/content/safekey-information.html.

7.6 If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.

7.7 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under Clauses 4 and 5.

7.8 The price of the goods:

7.8.1 is in pounds sterling (£)(GBP);

7.8.2 includes VAT at the applicable rate; and

7.8.3 does not include the cost of delivering the goods (if you want delivery options and costs, visit our webpage https://www.victoriajanemckenna.com/shipping-returnsbefore you place your order).

 

8 Nature of the goods

8.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, in relation to the goods we supply, that the goods:

8.1.1 are of satisfactory quality;

8.1.2 are fit for purpose;

8.1.3 match the description, sample or model.

8.2 We must provide you with goods that comply with your legal rights.

8.3 The packaging of the goods may be different from that shown on the site.

8.4 While we try to make sure that:

8.4.1 all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance of up to 10% in such weights, sizes and measurements in the clothing; and

8.4.2 the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.

8.5 Any goods sold:

8.5.1 at discount prices; or

8.5.2 as substandard;

will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

8.6 If we can’t supply certain goods we will offer you a refund or a replacement and let you know how long such an offer remains open for.

 

9 Faulty goods

9.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please:

9.1.1 visit our webpage: https://www.victoriajanemckenna.com/shipping-returns;

9.1.2 contact us using the contact details at the top of this page; or

9.1.3 visit the Citizens Advice website https://www.citizensadvice.uk or call 03454 04 05 06.

9.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

9.3 Please contact us using the contact details at the top of this page, if you want:

9.3.1 us to replace the goods;

9.3.2 a price reduction; or

9.3.3 to reject the goods and get a refund.

 

10 End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

 

11 Limit on our responsibility to you

11.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:

11.1.1 losses that: (a) were not foreseeable to you and us when the contract was formed; or (b) that were not caused by any breach on our part;

11.1.2 business losses; and

11.1.3 losses to non-consumers.

 

12 Disputes

12.1 We will try to resolve any disputes with you quickly and efficiently.

12.2 If you are unhappy with:

12.2.1 the goods;

12.2.2 our service to you; or

12.2.3 any other matter; please contact us as soon as possible.

12.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:

12.3.1 let you know that we cannot settle the dispute with you; and

12.3.2 give you certain information required by law about our alternative dispute resolution (ADR) provider or call the Citizens Advice consumer helpline on 03454 04 05 06.

12.4 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this contract.

12.5 Relevant United Kingdom law will apply to this contract.

 

13 Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

14. Your privacy and personal information

14.1      Yourprivacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

Our Privacy Policy is available below.

privacy + cookie policy

This website is operated by Victoria Jane McKenna Limited a company formed in England and Wales with company registration number 8790267 and registered office 18 Swaythling Close, Lincoln, Lincolnshire LN6 3DD.

We ask that you read this privacy notice carefully as it contains important information on who we are, how and why we collect, store, use and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint.

 

Who we are

Victoria Jane McKenna Limited ('we' or 'us') are the 'data controller' for the purposes of the General Data Protection Regulation, (ie we are responsible for, and control the processing of, your personal information). 

 

1. Introduction

1.1 We are committed to protecting and respecting your privacy.

1.2 This Privacy & Cookie Policy (together with our Terms of Use and Terms of Trading (if applicable)) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.  

1.3 We are regulated under the General Data Protection Regulationwhich applies across the European Union (including in the United Kingdom) and we are responsible as data controller of that personal information for the purposes of those laws.

 

2. Information we may collect from you

2.1 We may collect and process the following data about you:

2.1.1 details of transactions you carry out through our Site and the fulfilment of your orders;  

2.1.2 information that you provide by filling in forms on our Site, including but not limited to, information provided at the time of registering to use our Site, subscribing to any service, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by us;  

2.1.3 information from surveys that we use for research purposes, if you choose to respond to them;

2.1.4 communications you send to us, for example to report a problem with or submit a comment regarding our Site; and

2.1.5 details of your visits to our Site, including[HF1] traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes [HF2] and the resources that you access.

 

3. IP addresses and cookies

3.1 We may collect information about your computer, including, where available your IP address, operating system and browser type, for system administration. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

3.2 For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our Site and to deliver a better and more personalised service. They enable us to:

3.2.1 estimate our audience size and usage pattern;

3.2.2 store information about your preferences, and so allow us to customise our Site according to your individual interests;

3.2.3 speed up your searches; and

3.2.4 recognise you when you return to our Site.

3.3 You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting, and refuse Essential Cookies (see 4.1 below) you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you use our Site. The “Help” menu of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. For more information about cookies and how to stop cookies being installed or how to delete existing cookies from your hard drive visit the following website: http://www.allaboutcookies.org.

 

4. What cookies are used on our Site

4.1 The cookies we and our business partners use on our Site are broadly grouped into the following categories:  

Essential - Some of the cookies on our Site are essential for us to be able to provide you with a service you have requested. An example of this could be a cookie used to enable you to log into your account on our Site or which allows communication between your browser and our Site. Our cookie preference cookie described in the section “How can I reject or opt out of receiving cookies?” is also an essential cookie. You may not be able to use our Site without these cookies.

Analytics - We use analytics cookies to helps us understand how users engage with our Site. An example is counting the number of different people coming to our Site or using a particular feature, rather than the total number of times the site or feature is used. Without this cookie, if you visited our Site once each week for three weeks we would count you as three separate users. We would find it difficult to analyse how well our Site was performing and improve it without these cookies.

User Cookies - We use cookies to improve your experience by remembering your preferences so we know how you like to use our Site. Examples of this would be remembering you so that you are served with the same content or to remember you when you come back to our Site.

Social Sharing - We use third party cookies to allow you to share content directly on the social networking/sharing sites like Facebook, Twitter or Google+. Examples would be if you wanted to “like” or “tweet” about us or our products or services. Please see our “Third Party Cookies” section below for more details.

Interest-Based Advertising - You will have noticed that when you visit websites you will be shown adverts for products and services you may wish to buy. The money made by website owners for showing third party adverts on their websites often pays for the cost of running the website and therefore usually allows you to use the website without having to pay a registration or usage fee. To try and ensure that the adverts you see are relevant to you third party cookies may be used to collect information about the types of things that interest you, for example websites you visit and the geography that you are based in. Having these cookies does not increase the number of adverts you will be shown, but simply makes the adverts you see more relevant. Please see our “Third Party Cookies” section below for more details.

 

5. Third party cookies and data

5.1 Some of the cookies described in the "What Cookies are used on our Site" section above are stored on your machine by third parties when you use our Site. Third parties may also read cookies on your browser to collect information or to serve content or advertisements to you. We have no control over these cookies or how the third parties use them. They are used to allow that third party to provide a service to us, for example analytics. For more information on these cookies and how to disable them, please see:

5.1.1 Internet Advertising Bureau website at http://www.youronlinechoices.com/where you will be able to opt-out of receiving Interest-Based Advertising cookies from some of the third parties listed below; and/or

5.1.2 If you want to know more about how cookies work and how to manage or delete them, visit the World Wide Web Consortium's website: http://www.w3.org/Security/Faq/wwwsf2.html#CLT-Q10.

5.1.3      We use the third parties who may also collect data.  These third parties are:

(a)   Squarespace our website host 

(b)  Stripe to process payments https://stripe.com/gb/privacy

Please read their privacy policies for information on the data collected by them. 

 

 

6. Where we store your personal data

6.1 When we use your information as described in this Privacy & Cookie Policy, this may occasionally involve sending your information around the world (and in particular where you are located within the European Economic Area (EEA), this includes sending it outside the EEA). By providing us with your personal information, you agree that we may transfer, store and process your information in this manner.

6.2 Unfortunately, the transmission of information via the internet is not completely secure. Although we employ security measures designed to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access

.

 

7. How we process and store your information

7.1 The data that we collect from you is processed by staff who work either for us or for one of our service providers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services.

7.2 Your data may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA. By submitting your personal data, you agree to this transfer, storing and/or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy & Cookie Policy. 

7.3 All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain features or parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

7.4 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. Remember to close your browser when you have finished your user session. This will help to ensure that others do not access your personal information if you share your computer or use a computer in a public places such as a library or internet café.

 

8. Uses made of the information

8.1 We use information held about you in the following ways:

8.1.1 to carry out our obligations arising from any contracts entered into between you and us, for example to fulfil your orders;  

8.1.2 to provide you with information, products or services that you request from us or which we feel may interest you, where you have indicated that you wish to be contacted for such purposes by post, email, SMS, telephone or other means of electronic communication;

8.1.3 to ensure that content from our Site is presented in the most effective manner for you and for your computer;

8.1.4 to allow you to participate in interactive features of our service, when you choose to do so; and

8.1.5 to notify you about changes to our service.

8.2 We may also use your data, or permit selected third parties to use your data, to provide you with information about third party goods and services which may be of interest to you and we or they may contact you about these, where you have indicated that you wish to be contacted for such purposes by post, email, SMS, telephone or other means of electronic communication.

8.3 If you do not want us to use your data for direct marketing purposes, or to pass your details on to third parties for marketing purposes, please check or un-check (as directed) the relevant box situated on the form on which we collect your data.

 

9. Disclosure of your information

9.1 We may disclose your personal information to any affiliated company within our group.

9.2 We may disclose your personal information to third parties:

9.2.1 in the event that we sell or buy any business, assets or shares, in which case we may disclose your personal data to the prospective seller or buyer of such business, assets;

9.2.2 if we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets; or

9.2.3 if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions; or to protect our rights, property, or safety, or those of our customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

 

10. Your rights

10.1 Under the General Data Protection Regulation you have a number of important rights free of charge. In summary those include rights to:

•      fair processing of information and transparency over how we use your use personal information

•      access to your personal information and to certain other supplementary information that this Policy is already designed to address

•      require us to correct any mistakes in your information which we hold

•      require the erasure of personal information concerning you in certain situations

•      receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations

•      object at any time to processing of personal information concerning you for direct marketing

•      object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you

•      object in certain other situations to our continued processing of your personal information

•      otherwise restrict our processing of your personal information in certain circumstances

•      claim compensation for damages caused by our breach of any data protection laws

For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals rights under the General Data Protection Regulation.

If you would like to exercise any of those rights, please:

•      email, call or write to us at: customerservices@victoriajanemckenna.com; Tel +44 (0)844 884 9266; Victoria Jane McKenna Ltd, Building 12969, PO Box 4336, Manchester, M61 0BW.

•      update your account settings

•      let us have enough information to identify you (eg order number, user name, registration details)

•      let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill), and

•      let us know the information to which your request relates , including any order or reference numbers, if you have them

If you would like to unsubscribe from any email newsletter you can also click on the ‘unsubscribe’ button at the bottom of the email newsletter. It may take up to 7 days for this to take place. 

  

11. Changes to this Privacy & Cookie Policy

12.1 We may update this Privacy & Cookie Policy from time to time so you may want to check it each time you give us personal information or look at or change your personal details on our Site.

 

13.How to Complain

We hope that we]can resolve any query or concern you raise about our use of your information.

The General Data Protection Regulationalso gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/or telephone: 0303 123 1113.

 

                                                       14.  How to contact us

13.1 If you have any questions, comments or requests regarding this Privacy & Cookie Policy, please feel free to contact us by:

Email:customerservices@victoriajanemckenna.com

Phone: +44 (0)844 884 9266

Write: Victoria Jane McKenna Ltd, Building 12969, PO Box 4336, Manchester, M61 0BW

website Acceptable use policy

1               Introduction

1.1           Together with our website terms and conditions of use, this Policy governs how you may access and use the Site.

1.2           Definitions

Policy

means this acceptable use policy;

Site

means the following website: https://www.victoriajanemckenna.comand all associated web pages;

Submission

means any text, images, video, audio or other multimedia content, software or other information or material submitted by you or other users to the Site;

We, us or our

means Victoria Jane McKenna Limited, company registration number 8790267 with VAT registration number 274 7245 82 and whose registered office is at Building 12969, PO Box 4336, Manchester M61 0BW; and

You or your

means the person accessing or using the Site or its content.

 

2               Acceptable use

2.1           We permit you to use the Site only for personal, non-commercial purposes and primarily for accessing information about us and buying our goods. Use of the Site in any other way, including in contravention of any restriction on use set out in this Policy, is not permitted. If you do not agree with the terms of this Policy, you may not use the Site.

3               Restrictions on use

3.1           As a condition of your use of the Site, you agree:

3.1.1       not to use the Site for any purpose that is unlawful under any applicable law or prohibited by this Policy or our website terms and conditions of use https://www.victoriajanemckenna.com/terms-conditions;

3.1.2       not to use the Site to commit any act of fraud;

3.1.3       not to use the Site to distribute viruses or malware or other similar harmful software code;

3.1.4       not to use the Site for purposes of promoting unsolicited advertising or sending spam;

3.1.5       not to use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);

3.1.6       not to use the Site in any manner that disrupts the operation of our Site or business or the website or business of any other entity;

3.1.7       not to use the Site in any manner that harms minors;

3.1.8       not to promote any unlawful activity;

3.1.9       not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;

3.1.10     not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks;

3.1.11     not to attempt to circumvent password or user authentication methods; and

3.1.12     to comply with the provisions relating to ourintellectual property rights and software contained in ourGeneral website terms and conditions of use https://www.victoriajanemckenna.com/terms-conditions.

4               Bulletin boards, chat rooms and other interactive services

4.1           We may make bulletin boards, chat rooms or other communication services such as commenting on our blogs (‘Interactive Services’) available on the Site.

4.2           We are not obliged to monitor or moderate Submissions to our interactive services. Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.

4.3           We may remove or edit any Submissions to any of our interactive services whether they are moderated or not.

4.4           Any Submission you make must comply with our Submission standards set out below.

5               Submission standards

5.1           Any Submission or communication to users of our Site must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably. In particular, you warrant that any Submission or communication is:

5.1.1       your own original work and lawfully submitted;

5.1.2       factually accurate or your own genuinely held belief;

5.1.3       provided with the necessary consent of any third party;

5.1.4       not defamatory or likely to give rise to an allegation of defamation;

5.1.5       not offensive, obscene, sexually explicit, discriminatory or deceptive; and

5.1.6       unlikely to cause offence, embarrassment or annoyance to others.

6               Linking and framing

6.1           You may create a link to our Site from another website without our prior written consent provided no such link:

6.1.1       creates a frame or any other browser or border environment around the content of our Site;

6.1.2       implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site;

6.1.3       displays any of the trade marks or logos used on our Site without our permission or that of the owner of such trade marks or logos; or

6.1.4       is placed on a website that itself does not meet the acceptable use requirements of this Policy.

6.2           We reserve the right to require you to immediately remove any link to the Sit eat any time, and you shall immediately comply with any request by us to remove any such link.

7               Using the Victoria Jane McKenna/ Victoria McKenna name and logo

7.1           You may not use our trade marks, logos or trade names except in accordance with this Policy and our general website terms and conditions of use. Where we give permission to use our trademarks, logos or trade names, you shall do so only in accordance with a written prior agreement between you and us.

8               Breach

8.1           We shall apply the terms of this Policy in our absolute discretion. In the event of your breach of this Policy we may terminate or suspend your use of the Site, remove or edit Submissions, disclose Submissions to law enforcement authorities or take any action we consider necessary to remedy the breach.

9               Disputes

9.1           We will try to resolve any disputes with you quickly and efficiently.

9.2           If you are unhappy with us please contact us as soon as possible.

9.3           If you and we cannot resolve a dispute using our complaint handling procedure, we will:

9.3.1       let you know that wecannot settle the dispute with you; and

9.3.2       give you certain information required by law about our alternative dispute resolution provider or call the Citizens Advice consumer helpline on 03454 04 05 06.

9.4           If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this Policy.

9.5           Relevant United Kingdom law will apply to this Policy.

website terms + conditions of use

1               About our Terms

1.1           These Terms explain how you may use this website (the Site) which is provided by us free of charge. 

1.2           References in these Termsto the Siteinclude the following websites; www.victoriajanemckenna.com, and all associated web pages. 

1.3           You should read these Terms carefully before using the Site. 

1.4           By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them. 

1.5           If you do not agree with or accept any of these Terms, you should stop using the Site immediately. 

1.6           If you have any questions about the Site, please contact us by:

1.6.1       email: customerservices@victoriajanemckenna.com (emails will be responded to Monday to Friday: 9am to 5.30pm), or

1.6.2       telephone: +44 (0)844 884 9266 (calls will be answered Monday to Friday: 9am to 5.30pm). If you have a hearing or speech impediment you can contact us using a text phone just dial 18001 and use our mobile number +44 (0)7904 523413 . We may record calls for quality and training purposes.

1.7           Definition

Content

means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;

Terms

means these terms and conditions of use as updated from time to time under clause 11;

Unwanted Submission

has the meaning given to it in clause 5.1;

Acceptable use policy

means the policy following on from these Terms of Use, which governs your permitted use of the Site;

Cookie policy

means the policy preceding these Terms of Use on this website page https://www.victoriajanemckenna.com/terms-and-conditions , which governs how we use cookies in the Site;

Terms of Trading 

means the online terms and conditions for the supply of goods known as our ‘Terms of Trading’ found at the top of this website page named Terms and Conditions https://www.victoriajanemckenna.com/terms-conditions, which will apply to you ordering goods using the Site;

Privacy policy

means the policy preceding these Terms of Use on this website page https://www.victoriajanemckenna.com/terms-conditions, which governs how we process any personal data collected from you;

Site

has the meaning given to it in clause 1.1;

We, us or our

means Victoria Jane McKenna Limited, company registration number 8790267, with VAT registration number 274 7245 82 and the registered office of which is at 18 Swaythling Close, Lincoln, Lincolnshire LN6 3DD.

You or your

means the person accessing or using the Siteor its Content.

 

1.8           Your use of the Site means that you must also comply with our Acceptable use policy, our Privacy policy, our Cookie policy and Terms of Trading for the supply of goods, where applicable.

2               Using the Site

2.1           The Site is for your personal and non-commercial use only.

2.2           You agree that you are solely responsible for:

2.2.1       all costs and expenses youmay incur in relation to youruse of the Site; and

2.2.2       keeping your password and other account details confidential.

2.3           The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

2.4           We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at customerservices@victoriajanemckenna.com.

2.5           We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

3               Ownership, use and intellectual property rights

3.1           This Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

3.2           Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on theSite(including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

3.3           Trade marks: Victoria Jane McKenna, Victoria McKenna and our website logo are our trademarks. Other trademarks and trade names may also be used on this Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.

4               Software

4.1           Software may be made available for you to download in order to help the Site work better. You may only use such software if you agree to be bound by the terms and conditions that apply to such software (this is sometimes known as an ‘end user licence agreement’ or ‘EULA’). You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be allowed to download the software. You should read any terms and conditions carefully to protect your own interests (they may contain provisions that set out what your legal rights are under, e.g. the Consumer Rights Act 2015, what your legal responsibilities are when using software, what the software provider’s legal responsibilities are, and provisions that limit a software provider’s legal responsibilities to you).

4.2           All such software is solely for your personal use in a non-commercial manner.

4.3           Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.

5               Submitting information to the Site

5.1           While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.

5.2           We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

6               Accuracy of information and availability of the Site

6.1           While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.

6.2           We may suspend or terminate operation of the Site at any time as we see fit.

6.3           You may have certain legal rights when using the Site(such as the Terms of Trading for the supply of goods apply to you). These are also known as ‘statutory rights’ as they are derived from laws such as the Consumer Rights Act 2015. A summary of your key rights is set out at the beginning of the online terms and conditions for the supply of goods.

6.4           Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

6.5           While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

7               Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

8               Limitation on our liability

8.1           Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:

8.1.1       losses that:

(a)            were not foreseeable to you and us when these Terms were formed; or

(b)            that were not caused by any breach on our part

8.1.2       business losses; and

8.1.3       losses to non-consumers.

9               Events beyond our control

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

10            Rights of third parties

No one other than a party to these Termshas any right to enforce any of these Terms.

11            Variation

These Terms are dated 14th January 2018. No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes; you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

12            Disputes

12.1        We will try to resolve any disputes with you quickly and efficiently.

12.2        If you are unhappy with us please contact us as soon as possible.

12.3        If you and we cannot resolve a dispute using our complaint handling procedure, we will:

12.3.1     let you know that we cannot settle the dispute with you; and

12.3.2     give you certain information required by law about our alternative dispute resolution procedure or call the Citizens Advice consumer helpline on 03454 04 05 06. 

12.4        If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.

12.5        Relevant United Kingdom law will apply to these Terms.