TERMS OF USE

YOUR ACCEPTANCE

By using and/or visiting the shop.miltonandking.com website or any other website owned by Milton & King Pty Ltd (ACN 161 512 929), or any successor website of the foregoing (collectively the “Website”), you (“You”) acknowledge that You have read, understood and assent to both these Terms of Use and the miltonandking.ouwg.org Privacy Policy, which is specifically incorporated into these Terms of Use. These Terms of Use apply to any and all users of the Website.


We provide the Site to enable users residing in the United States, Canada and Mexico (you) to obtain information about and make online purchases of Milton & King products (Products). Your use of the Site is governed by and subject to these Terms of Use and our Privacy Policy. Please read these Terms of Use and our Privacy Policy carefully. Your use of the Site indicates your acceptance of these Terms of Use and Privacy Policy.

PRIVACY

We at Milton & King respect the privacy of our users. Please see our Privacy Policy. which describes our data collection, use and sharing practices associated with the Site.

PURCHASE OF PRODUCTS

If you make a purchase on the Site, your purchase is also governed by and subject to our Terms of Sale. Please review our Terms of Sale prior to placing an order on the Site.


To make a purchase on the Site, you need not have an account with us and you may check out as a guest without creating an account.

ELECTRONIC COMMUNICATIONS

When you use the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, by posting notices on the Site, or through your account on the Site. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

CHANGES TO THESE TERMS OF USE

Milton & King may make changes to these Terms of Use at any time. We will provide you with notice if the changes are material and, where required by applicable law, we will obtain your consent. Unless expressly otherwise agreed, all material changes will apply prospectively only. If you have provided your email address to us or have an active account on the Site, we may notify you of material changes via email and/or may ask you to affirmatively consent to the changes (e.g., by checking a box or clicking a button) at the time of your next account login on the Site. By continuing to use the Site after such notice and/or consent, you are bound by these Terms of Use as modified.

RESERVATION OF RIGHTS

We reserve the right at any time, in our sole discretion, with or without notice, and without liability to you or other users, to: (i) modify, suspend, remove or terminate the Site or any portion thereof; (ii) restrict, limit, suspend or terminate any user’s access to the Site or any portion thereof; (iii) monitor any user’s activities on the Site to verify and ensure that user’s compliance with these Terms of Use and any applicable law; and (iv) investigate any suspected or alleged violation of these Terms of Use or any applicable law and cooperate with authorities in such investigation.

ACCOUNTS AND PASSWORDS

By creating an account on the Site, you represent and warrant that all registration information you submit to us is your own information and is truthful and accurate. It is your responsibility to notify us of any changes in your account information, including your contact information. As an account holder, you are responsible for safeguarding your account access information and are responsible for all use of your username and/or password and must keep these details secure. If you allow others to use your account, you are responsible for all their activities on your account.

INTELLECTUAL PROPERTY RIGHTS

The content on the Website including without limitation, all text, graphics, images, photos, computer code, software, scripts, multimedia files, , interactive features trademarks, service marks and logos (the “Content”) are owned by or licensed to Milton & King Pty Ltd, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to You as is for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Milton & King Pty Ltd or as expressly provided herein. Milton & King Pty Ltd reserves all rights not expressly granted in and to the Website and the Content contained therein.


All Milton & King Content belongs to Milton & King and/or its affiliates or licensors and are protected by copyright, trademark and other intellectual property laws. We hereby grant you a limited, revocable, non-sublicensable, non-transferable license to use the Site and Milton & King Content for your own personal, non-commercial use only, such as to obtain information about Products and/or place an order for Products using the Site. Except where the law expressly allows, you may not use, reproduce, modify, distribute, post, transmit, distribute, publish, or create derivative works from, any Milton & King Content. Any unauthorized use of Milton & King Content may result in civil and/or criminal penalties. We reserve all other rights not expressly granted herein.

RULES OF CONDUCT

We do not permit or tolerate any illegal, abusive, harmful or improper use of the Site. Without limitation to the generality of the foregoing, we specifically prohibit the following:


  • using the Site or any Milton & King Content (as defined below) other than for your own personal, non-commercial use only;
  • using the Site in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
  • impersonating another person, or falsifying account information, or making unauthorized use of another person’s information;
  • creating (or attempting to create) multiple accounts on the Site (including using proxy IP addresses or falsified/fake identities to hide the use of multiple accounts) for the purpose of disrupting the Site or other users;
  • using any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access the Site or any server, network or system associated with the Site, or to extract, collect, harvest or gather content or information from the Site;
  • interfering in any way with the operation of the Site or any server, network or system associated with the Site, including, without limitation, hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the Site or any server, network or system associated with the Site; breaching or circumventing firewall, encryption, security or authentication routines; accessing, using or retrieving data not intended for you, or accessing another user’s account without permission;
  • creating works or materials (including, without limitation, fonts, icons, link buttons, wallpapers, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards, and other merchandise or digital goods) that derive from or are based on any Milton & King Content, regardless of whether such derivative works or materials are sold, bartered or given away;
  • either directly or through the use of any device, software, internet site, web-based service or other means, removing, altering, bypassing, circumventing, avoiding, or interfering with any copyright, trademark, or other proprietary notice contained on the Site or in any Milton & King Content, or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with the Site or any Milton & King Content, including geo-filtering mechanisms;
  • creating works or materials (including, without limitation, fonts, icons, link buttons, wallpapers, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards, and other merchandise or digital goods) that derive from or are based on any Milton & King Content, regardless of whether such derivative works or materials are sold, bartered or given away;
  • framing or otherwise creating a browser or border environment around any Site page or any Milton & King Content, or deep-linking to any Milton & King Content or any internal page of the Site;
  • using the Milton & King name, mark or logo or any other name, mark or logo of Milton & King in any manner (including as meta tags or ad keywords), except as necessary to make reference to Milton & King in a truthful and non-misleading and purely descriptive and nominative manner;
  • submitting, uploading, posting or transmitting any User Content that is: unlawful; threatening; harassing; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
  • engaging in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  • sending or causing others to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind;
  • soliciting, collecting or requesting personal information from others for commercial or unlawful purposes;
  • submitting, uploading, posting or transmitting an image or video of another person without that person’s consent;
  • engaging in “trolling,” such as posting material, information, message or communication that is off-topic, absurd, or meaningless, with the intent of causing disruption or provoking reaction from others, or disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users are able to type, or otherwise acting in a manner that negatively affects other users’ ability to engage in real time exchanges;
  • engaging in commercial activity, including, without limitation, advertisements or solicitations of business, purchase, or participation in any game or promotion.

MILTON & KING CONTENT

As used herein, “Milton & King Content” means any and all contents and materials provided on the Site by Milton & King and/or its affiliates or licensors, including, without limitation, text, editorials, blogs, artwork, graphics, images, photos, videos, audios, music, advertisements, product descriptions, marks, logos, slogans, links, software, downloadable apps, social media plug-ins, user interfaces, layout and look and feel designs, search engines, tools, templates, forms, indexes and directories.


All Milton & King Content belongs to Milton & King and/or its affiliates or licensors and are protected by copyright, trademark and other intellectual property laws. We hereby grant you a limited, revocable, non-sublicensable, non-transferable license to use the Site and Milton & King Content for your own personal, non-commercial use only, such as to obtain information about Products and/or place an order for Products using the Site. Except where the law expressly allows, you may not use, reproduce, modify, distribute, post, transmit, distribute, publish, or create derivative works from, any Milton & King Content. Any unauthorized use of Milton & King Content may result in civil and/or criminal penalties. We reserve all other rights not expressly granted herein.

USER CONTENT

As used herein, “User Content” means any content or material submitted by users to the Site, including, without limitation, user reviews and comments, user idea submissions, and user-submitted text, photos, images, artwork, clips, etc., but specifically excluding any Milton & King Content.


You own any User Content you upload and publish, and Black Milk does not claim ownership rights in your User Content. However, by submitting User Content to the Site (whether your submission is solicited or unsolicited), you agree to all of the following:

  1. To submit User Content to the Site, you must be at least 18 years of age and a registered user of the Site.
  2. By submitting User Content to the Site, you represent and warrant that: (1) your submission is voluntary and consensual and is made without any condition or reservation of rights, including, without limitation, any condition of payment, secrecy or confidentiality; (2) your submission does not contain any confidential information and may be seen by others; and (3) your submitted User Content contains no material that infringes upon any third-party right or violates any applicable law.
  3. By submitting User Content to the Site, you grant to Milton & King and its affiliates a non-exclusive, irrevocable, worldwide, perpetual, fully paid up and royalty-free, freely sublicensable, freely assignable and transferable, unlimited and unrestricted license to use, copy, reproduce, store, archive, modify, excerpt, adapt, translate, create derivative works and compilations based upon, publicly perform, publicly display, exhibit, broadcast, stream, publish, distribute, and otherwise exploit your submitted User Content, including your name, voice, likeness, performance, life stories, and biographical information contained in such User Content, as well as any and all ideas, concepts, facts, information, stories, know-how, and techniques embodied in your submitted User Content, in any and all formats and media now known or hereafter devised (including, without limitation, television, radio, theatrical, Internet, mobile, digital, electronic, and print media) and for any and all commercial and non-commercial purposes (including, without limitation, entertainment content development, production, broadcast, distribution, advertising, promotion, publicity, social media campaigns, merchandising, publishing, education, and charity). The aforementioned license will continue and remain in full force and effect even if you subsequently terminate or cancel your account on the Site or delete the submitted User Content from your account.
  4. By submitting User Content to the Site, you acknowledge and agree that: (1) your submission is not being made in confidence or in trust, and no contractual, fiduciary or confidential relationship of any kind (whether express or implied) is created between you and Milton & King by reason of your submission; (2) Milton & King and its affiliates are under no obligation whatsoever to use your submitted User Content for any purpose or in any manner, and any decision of use or non-use is entirely and solely at the discretion of Milton & King and its affiliates; (3) if Milton & King and/or its affiliates decide to make any use of your submitted User Content, Milton & King and its affiliates will have no obligation or liability to you whatsoever, and you will have no right or claim to any compensation, payment, credit, attribution, notice, approval or inspection of any kind whatsoever with respect to any such use; (4) other persons, including, without limitation, employees and contractors of Milton & King and/or its affiliates, may have independently developed, or may hereafter independently develop content or material that is identical or similar to your submitted User Content, and content or material that is identical or similar to your submitted User Content may have already been, or may hereafter be, in the public domain; and (5) your submission is not returnable and may be retained indefinitely by Milton & King and its affiliates.
  5. By submitting User Content to the Site, you further acknowledge and agree that, to the extent your submission includes any idea, concept, suggestion, design, drawing, image or artwork for a prospective product name, mark, logo, slogan, tagline, domain name, or other source identifier, Milton & King and its affiliates will be free (with no obligation) to adopt, use, license, and register such name, mark, logo, slogan, tagline, domain name, or other source identifier (including any variation thereof) for and in connection with their businesses throughout the world in perpetuity, and will have sole ownership of all statutory and common law trademark rights and all associated goodwill resulting from such adoption, use, licensing and registration.
  6. By submitting User Content to the Site, you waive the right to assert against Milton & King and its affiliates, successors and assigns, and you release and forever discharge Milton & King and its affiliates, successors and assigns from, any and all claims and damages based upon or relating to your submitted User Content, including, without limitation, claims and damages for copyright infringement, trademark infringement, invasion of privacy, violation of the right of publicity, defamation, libel, false light, unfair competition, unjust enrichment, idea theft, idea misappropriation, breach of implied contract, breach of fiduciary duty, and/or breach of confidence or trust.
  7. Your submission is subject to such additional rules and guidelines as may be prescribed by Milton & King.

OUR RIGHT TO REMOVE USER CONTENT; NO OBLIGATION TO MONITOR

Milton & King reserves the right at any time, but with no obligation, to remove, take down, block, disable or deny access to any User Content that, in our sole judgment, violates these Terms of Use any applicable law, or may expose or subject Milton & King to liability of any kind, or may adversely affect the reputation or goodwill of Milton & King.


Milton & King assumes no responsibility for monitoring the Site for inappropriate User Content or conduct. If at any time Milton & King chooses in its sole discretion to monitor the Site, Milton & King nonetheless assumes no responsibility for User Content, assumes no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of any user.

OUTBOUND LINKS

The Site may include links (including through advertisements displayed) to websites, products and services owned or operated by third parties (each, a “Linked Third-Party Site/Product/Service”). Such links do not constitute or imply Milton & King’s approval, sponsorship or endorsement of any Linked Third-Party Site/Product/Service. Milton & King is not responsible for and makes no representations or warranties, express or implied, regarding any Linked Third-Party Site/Product/Service. You access and use a Linked Third-Party Site/Product/Service solely at your own risk. When you access and use a Linked Third-Party Site/Product/Service, you are subject to that third party’s terms and conditions of use. Any rights, claims or actions you may have in respect of a Linked Third-Party Site/Product/Service can only be brought directly against the owner or operator of the Linked Third-Party Site/Product/Service. Milton & King may receive linking/referral fees, commissions, and/or other payments from the owner or operator of a Linked Third-Party Site/Product/Service, and you will have no right or claim whatsoever with respect to such fees, commissions, and payments.

LINKING TO OUR SITE

You may link to the Site, but subject to the following conditions:

  1. Your link must be a text-only link;
  2. You do not frame or otherwise create a browser or border environment around any page of the Site or any Milton & King Content;
  3. You do not deep-link to any Milton & King Content or any internal page of the Site;
  4. You do not link to any live stream or live streaming event on the Site (except with our express prior written consent);
  5. You do not use any Milton & King logo or design mark in or as your link;
  6. You do not link to the Site from any pornographic or sexually oriented website;
  7. You do not misrepresent or falsely suggest that your website, content, product or service is sponsored, endorsed or approved by, or is affiliated or associated with, Milton & King;
  8. You do not publish false, misleading or inaccurate information about, or otherwise disparage, Milton & King or any Milton & King Content;
  9. Milton & King is under no obligation to support your link.

WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MILTON & KING, AND ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF THREADLESS.COM, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MILTON & KING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, USER SUBMISSION OR OTHER MATERIAL OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, USER SUBMISSION, OR OTHER MATERIAL POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. MILTON & KING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND MILTON & KING WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MILTON & KING SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MILTON & KING, OR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF MILTON & KING, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION


YOU SPECIFICALLY ACKNOWLEDGE THAT MILTON & KING SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.


The Website is controlled and offered by Milton & King from its facilities in Australia. Milton & King makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

INDEMNITY

You agree to defend, indemnify and hold harmless Milton & King, and any parent, subsidiary, affiliate, successor, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Milton & King, from and against any and all alleged claims, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of these Terms of Use; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any alleged claim, claim, or cause of action that one (or more) of Your User Submissions caused, is causing, or will cause damage to a third party, as a result of infringement or otherwise. This defense and indemnification obligation will survive these Terms of Use and Your use of the Website.

ABILITY TO ACCEPT TERMS OF USE

You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. Milton & King is not intended for children under 13. If You are under 13 years of age, then please do not use the Milton & King Website.

ASSIGNMENT

You acknowledge and agree that Milton & King may at any time, without giving you notice or seeking your consent, transfer and assign all personal information, User Content and associated rights and licenses that Milton & King has obtained from you as well as all agreements Milton & King has made with you in connection with your use of the Site, to (i) an affiliate or (ii) a third party which acquires or merges with Milton & King or to which Milton & King or sells or otherwise transfers its business or assets (including the Site).

INTELLECTUAL PROPERTY

The Milton & King Website is owned by Milton & King Pty Ltd. No portion of the Website may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of Milton & King.

GENERAL

In the event any provision contained in these Terms of Use is determined to be invalid, illegal or otherwise unenforceable in any respect for any reason, the validity, legality and enforceability of the provision in every other respect and the remaining provisions of these Terms of Use will not be in any way impaired and shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Milton & King’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Milton & King reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is Your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify Your assent to and acceptance of its revised terms.

VIOLATIONS OF THESE TERMS OF USE

Please report any violations of the Terms of Use, including objectionable User Submissions or behavior, to copyrightinfringement@miltonandking.ouwg.org. Please state the reasons for Your concern and provide a link to the User Submission, other material or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Milton & King in its sole discretion may investigate the matter and take such action as Milton & King determines to be appropriate.


Effective Date: November 10, 2014

TERMS OF SALE

PRODUCT INFORMATION

We aim to display our Product information on the Site as accurately as possible. However, because actual colors you see depend on your monitor or device, we cannot guarantee your monitor's or device’s display of any color will accurately reflect actual Product color or finish. Also, information displayed on the Site may contain typographical or other human errors and may not be 100% complete or current despite our efforts. Accordingly, we cannot guarantee any Product image or description will be accurate in all respects.

PRODUCT AVAILABILITY

We do not guarantee the availability of any Product displayed on the Site. We reserve the right, without notice or liability to you, to change, discontinue or stop the offering of any Product.

PRICE; SHIPPING/HANDLING CHARGES; DUTIES & TAXES

The price charged for a Product will be the price in effect at the time the order is placed and will be set out in the order confirmation email and on the purchase receipt enclosed with the shipment. We may change prices at any time without notice. Price increase will only apply to orders placed after such increase takes effect.


Depending on the shipping destination of your order, sales tax, value-added tax (VAT), customs duty, and/or other government-assessed charges (collectively “Duties & Taxes”) may apply to your order. By making a purchase on the Site, you agree to be solely responsible to pay applicable Duties & Taxes. Where required by law, applicable Duties & Taxes will be added to your order total at checkout and will be set out as a separate item in your shopping cart and on your purchase receipt.

ORDERING

You must be at least 18 years of age to make a purchase on the Site.


Your order is merely an offer to purchase the Product(s) listed in your order from Milton & King on terms and conditions set forth in these Terms of Sale. All orders placed are subject to acceptance in our sole discretion. Your receipt of an order confirmation does not signify our acceptance of your order. We may require additional verifications or information before accepting any order.


We reserve the right to refuse or cancel an order for any reason, including, without limitation: Product unavailability; incorrect billing information; prevention of any actual or suspected fraud; errors in product or pricing information; and problems identified by our payment processing vendor eWay. If your order is cancelled after your credit card has been charged, we will issue a full refund to your credit card.

CHANGE OR CANCELLATION OF ORDER

We allow our customers a 24 hour window upon submitting an order on the Site to make an order change or cancellation request. Please send your change or cancellation request to our email address support@miltonandking.ouwg.org. Upon processing of your change or cancellation request, we will send you a confirmation email. We do not accept a change or cancellation request received after this 2-hour window. If you have a change of mind after placing an order and it is too late to change or cancel, you should wait for the package to arrive and then return the unwanted item(s) to us in accordance with our Return and Refund Policy.

PAYMENT

We accept online payment by Visa and MasterCard. By placing an order on the Site, you warrant that: (i) all payment information provided by you is truthful and accurate; (ii) the credit card or PayPal account you use to pay for your order has sufficient funds to cover the full transaction amount of your order (i.e., purchase price plus applicable Duties & Taxes and shipping/handling charges), and is active and has not expired or been canceled; and (iii) you are the holder (or an authorized user) of the credit card you use to pay for your order, and you authorize the full transaction amount of your order to be charged to your designated card


All payment processing for purchases made on the Site is handled through the payment gateway eWay. If you pay by credit card, at checkout eWay may perform a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. If the issuer of your payment card refuses to or does not authorize payment for any reason, you will be notified of this immediately during checkout. Your card also may be declined if (i) the billing information given does not match the bank records, (ii) your card has expired or has been cancelled by the issuing bank, or (iii) a potential fraud or security issue is detected on your card.


Upon successful checkout, your credit card will be charged the full transaction amount. “Successful checkout” means the occurrence of all of the following: (i) you confirm and submit your order; (ii) we accept your order; (iii) if you pay by credit card, eWay successfully completes a pre-authorization check on your card; and (iv) your card’s issuing bank has not declined the transaction for any reason.

SECURE SHOPPING

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. This website can secure your private information using a SSL Certificate. Information exchanged with any address beginning with https is encrypted using SSL before transmission.

SHIPPING & DELIVERY

We will use reasonable efforts to process your order within 24-48 business hours after it is accepted by us. Please note that we only process and ship orders Monday through Friday, during office hours, and do not operate on weekends or public holidays. Orders placed on a weekend or a public holiday will not begin processing until the next business day.


Because most of our Products are made to order, processing and shipping times may vary according to availability.


We will notify you via email when your order has been shipped.


Once an order has left our facility, it is in the care of the third-party shipping carrier. We are not responsible or liable for any errors or delays caused by the shipping carrier.


Once you have received your order, please open the package with care. We are not responsible or liable for any items damaged during the opening of your package.

RETURN AND REFUND POLICY

Non-sale item purchases can be returned for a full refund, less shipping, within 30 days from delivery date as long as product is in its original condition and is returned to us in the original packing, with all inserts. We are unable to accept returns on samples or opened rolls of wallpaper or wallpaper tiles. Please email support@miltonandking.ouwg.org for a return form with instructions prior to shipping the item back to us. All costs for return shipment are the responsibility of the customer. Please pack the item well (additional packaging may be necessary) and insure it for the full amount - we recommend using a courier service that has shipment tracking. We are not responsible for lost packages or items that are damaged in return shipping. Exchanges are not accepted, but customer will be responsible for the associated shipping charges.


If you received an incorrect, faulty or defective item, please immediately notify us via email (support@miltonandking.ouwg.org). Please briefly describe in your email why the item is incorrect or faulty or defective (photos might help here). Upon receipt of your email, we will contact you and provide you with the option of either receiving a replacement or receiving a refund. If we ask you to return the incorrect or faulty or defective item to us, we will send you a pre-paid return shipping label so that you won’t incur any return shipping cost.



Wallpaper Calculator

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For the walls, approx   10m (35ft) rolls of paper

Please note: This calculator estimates the amount of wallpaper you require. Milton & King will not be responsible for overage or shortage based on these calculations. Different designs will require varying quantities depending on the match type and the size of the repeat pattern.

Calculator