Terms and Conditions

1 About us and these terms

1.1 Hello, and thanks for visiting midsummerplace.co.uk

1.2 We are registered in England and our registered company number is 08133358. Our registered office is at 35 Ballards Lane, London N3 1XW.

1.3 These terms of use are important as they explain some key things about the Site, your purchases from retailers on the Site and our role regarding such purchases. These terms form a legally binding contract between you and us, and govern your use of the Site.

1.4 If you do anything in breach of these terms we may terminate your right to use the Site.

1.5 We do occasionally update these terms so you should return to this page and read it through again from time to time.

2 Shopping on midsummerplace.co.uk

2.1 Whilst we provide all the information you might need about our physical shopping centre, we also operate the Site as an online shopping centre for shoppers like you to buy great products from retailers that sell on the Site.

2.2 The Site allows you to browse a range of products from different retailers. When you find a product you like, by clicking on the product you’ll be taken directly to the retailer’s website, where you can find more information about the product and make your purchase. When you buy a product via the Site you acknowledge that you are buying from the retailer direct. We are not a retailer, a seller, an auctioneer, or any kind of agent or intermediary for you or any of the retailers, and we do not sell the products available through the Site. Our role is merely to present the products available from our various retailers and to display any of their offers or promotions.

2.3 Each sale forms a legally binding contract between you and the retailer and is subject to your usual statutory rights, including under the Consumer Credit Act legislation relating to any credit you may be offered. Please refer to the terms and conditions displayed on the retailer’s website for their specific terms.

2.4 We are not responsible for the accuracy of any product information, including any price variations or stock availability that may appear on our Site. You should always check such information on the retailer’s website prior to making any purchase.

2.5 If you are not happy with a product, if it is faulty or an order is late, you should contact the retailer from whom you purchased the product. Whilst we present the retailers’ products on the Site, we are not responsible for any of their products, orders, deliveries, guarantees or after care.

3 Are there any eligibility requirements to use the Site?

3.1 In order to operate the Site responsibly we do need to apply a few simple rules as follows:

(a) The Site is not aimed at nor intended for children under the age of 16, any children under 16 using this site must do so under the supervision of a parent or guardian.

(b) The Site is designed for use within the UK. If you are accessing the Site from outside the UK, you will be responsible for compliance with any local laws that may affect its’ use, to the extent where such laws may be applicable.

(c) If you register an account with us you must provide accurate and up to date personal details, and update them promptly as they change.

(d) You must keep your password and login details secure, and not allow anyone else to use them (but you are responsible for any use of them, as if they were used by you).

3.2 If you suspect that anyone has obtained your login or password you must change them promptly. We may suspend your logon or password at any time if we need to.

4 What other rules apply?

4.1 You may only use the Site for your own personal, non-commercial and lawful use, and only in accordance with these terms.

4.2 You are not allowed to:

(a) scrape the Site, create a database based on its contents or do anything similar,

(b) hack or attempt to breach security or interfere with the proper working of the Site,

(c) use the Site for anything illegal or immoral, including the sending of any content that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes intellectual property rights or the rights of any person,

(d) use the Site to transmit any data that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code, or

(e) create links to the Site from any other website without our prior written permission.

5 What about access to the Site and its content?

5.1 It is your responsibility to ensure that your computer or device meets all the necessary technical requirements to access and use the Site.

5.2 Like all websites, it is not possible to guarantee the Site will always be available or that it will be error-free. Also, we may withdraw, modify or suspend the Site at any time.

5.3 We are not responsible for any content on the Site from the retailers. Also, we cannot give any guarantee, representation or warranty as to the accuracy, completeness, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site.

5.4 We cannot guarantee that any content of the Site will be free from viruses or similar code. It is your responsibility to implement appropriate anti-virus software.

6 Who owns the Site and its contents, and what are my rights?

6.1 We grant you a limited non-transferrable license to make personal use only of the Site in accordance with these terms.

6.2 We and our licensors own all right, title and interest in, and all intellectual property rights (including copyright, database rights, patents, trademarks, designs, know-how, confidential information and any other similar protected rights in any country) in the Site. The brands and logos of the retailers are owned by them and their licensors. Nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors except for the licence set out in section 6.1 above.

7 What about privacy?

We take your privacy rights very seriously. Please read our

Privacy policy to understand how we use and look after the information you provide to us.

8 What about links to other websites?

The Site includes links to external websites from the products displayed on our Site. We have no control over the content of these websites or for anything provided by them so we are not able to accept any responsibility for these websites or any loss or damage that may arise from your use of them. The fact that we include links to such external websites does not imply any endorsement of or association with their operators.

9 What warranties and liability apply?

9.1 Subject to those areas we don't exclude as explained in section 9.1 above:

(a) You understand and agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk, and we are not liable for damages or loss you may suffer as a result of using or relying on it (or from its unavailability) including any businesses losses of any kind, any loss of profits, lost bargain, wasted time, or for any indirect or consequential losses.

(b) We are not responsible for the retailers on the Site, for your orders or deliveries, or for their products and services, or any related problems you may suffer.

(c) We do not make any representations warranties or terms about the Site or its operation or contents that are not set out in these terms, including any relating to fitness for purpose, quality, whether the Site will meet your requirements, its availability, the products or services available from retailers on the Site, or their availability or delivery.

(d) In any event, any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.

10 What law applies?

These terms and conditions are governed by English law, and any dispute regarding them or the Site will only be dealt with by the English courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

11 What other general provisions apply?

11.1 This Agreement includes everything we have agreed with you about the Site and your use of the Site. No other terms or conditions apply (other than the privacy policy). Also, it is personal to you and you may not transfer or assign any of your rights or obligations under it.

11.2 If any part of these terms is unenforceable for any reason then it will be removed and the remaining terms shall survive.

11.3 If we fail to enforce any of these terms, or delay in doing so, we do not waive our right to do so.

11.4 These terms may not be changed by you unless we agree in writing.

12 How can I contact you?

Please submit any questions, concerns or comments you have about these terms and conditions or any problems concerning the Site by email to customerservice@midsummerplace.co.uk