Terms & Conditions - Mandarina Shoes
These Terms and Conditions apply to the use of the Website (defined below) and by accessing this Website and/or placing an Order (defined below), you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you may not use or access this Website or place any Order.
1.1 In these terms and conditions, the following words shall have the meanings set opposite:-
" Conditions" means these terms and conditions
" Intellectual Property" means any patents, copyright, registered designs, unregistered designs, trade marks (whether registered or unregistered), technical information, confidential information, know-how, inventions, database rights, all software and source codes and any other industrial or intellectual property rights whether existing in the United Kingdom and/or elsewhere and any and all applications for any of the foregoing and any and all rights to apply for any of the foregoing
" Order" means an order submitted by you for the purchase of a Product from the Website
" Personal Information" means the information provided by you on registering with the Website as detailed in paragraph 4
" Product" means a product displayed for sale on the Website
" Product Description" means a description of a Product contained on this Website
" United Kingdom" means England, Wales, Scotland and Northern Ireland
" Users" means a user of the Website
" We or Us" means Mandarina Shoes Ltd, a company registered under the Companies Acts registered number SC287752 and having a registered office at Reswallie House, Forfar, Angus, Scotland, DD8 2SA
" Website" means the website located at www.mandarinashoes.com or any subsequent URL which may replace it.
You are provided with access to this Website in accordance with these Conditions and any Orders placed by you must be placed in accordance with these Conditions.
3.1 To place an Order you are obliged to register with this Website and provide certain Personal Information to Us including your name, postal address and email address. Failure to register with the Website means you will be unable to place Orders with the Website.
3.2 You shall ensure that any Personal Information which you are required to provide when you register with this Website is true, accurate, current and complete in all respects.
3.3 You will notify Us immediately of any changes to any Personal Information supplied to Us.
3.4 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use when using this Website.
3.5 Once registration with the Website is complete, you will be given a password which you require to keep confidential. The password should be used by you to access the Website and place Orders. You should not allow any third party to become aware of your password and/or allow unauthorised access to your account. You are obliged to inform Us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be, used in an unauthorised manner.
3.6 We reserve the right, at our reasonable discretion, to refuse access to the Website and/or terminate registration of any User for any reason.
4.1 We shall not use or disclose your Personal Information except in the circumstances set out below. We will keep all of your Personal Information on a secure server and comply with all applicable UK data protection and consumer legislation from time to time in place.
4.2 We confirm that any Personal Information which you provide to Us shall be used only for the following purposes:-
4.2.1 processing your Orders
4.2.2 to administer this Website
4.2.3 to notify you of Products or special offers that may be of interest to you
4.2.4 to allow on-line payments to be made for Orders placed by you. This may involve Us passing certain Personal Information to third party on-line payment providers.
4.3 In the event that you do not wish us to use your Personal Information to notify you of Products and special offers you should tick the " opt out" box as you go through the registration process or email us and advise accordingly.
4.4 You shall allow us to obtain information about you from third parties from time to time including but not limited to your debit or credit card number or credit reports to authenticate your identity, to validate your debit or credit card, to obtain debit or credit card authorisation and to authorise transactions. This information will not be made available to third parties for credit assessment purposes.
5.1 We will take all reasonable care in so far as it is in our power to do so to keep the details of your Order and payment secure but, in the absence of negligence on our part, We cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data or Personal Information you provide when accessing this Website and/or placing an Order.
5.2 To be eligible to place an Order and purchase Products on this Website you must:-
5.2.1 be over 18 years of age
5.2.2 stipulate a delivery address in the United Kingdom (please note that PO Box numbers, hotels and accommodation addressees are not acceptable)
5.2.3 possess a valid credit or debit card issued by a bank acceptable to Us at our sole discretion.
6. How a Contract between You and Us is Created
6.1 If you wish to purchase a Product from the Website, place the Order for your Products on the Website by pressing the " place this Order" button at the end of the shopping basket process. You will be guided through the process of placing an Order by a series of simple instructions on the Website.
6.2 You will then be asked to confirm that the details of your Order are correct and enter payment details.
6.3 We will send you an email acknowledging the details of your Order including whether payment has been accepted. If all the details are correct and payment has been made, We shall then send a further email confirming acceptance of your Order (" Acceptance Email" ) and the contract between you and Us shall be formed. Please note, there shall be no contract between you and Us for the purchase of a Product from this Website until such time as an Acceptance Email has been issued by Us to you confirming that the Order has been accepted. Notification of delivery details, delivery costs and timescales shall be contained within this email.
6.4 We will be entitled to reject your Order at our discretion and shall notify you by email if for any reason your Order is rejected. Without prejudice to the foregoing generality, your Order may be rejected as a result of the following:-
6.4.1 the Product you ordered being unavailable from stock
6.4.2 our inability to obtain authorisation for your payment
6.4.3 the identification of a pricing or Product Description error
6.4.4 you not meeting the eligibility to Order criteria set out in these Conditions.
6.5 As your product is shipped from our warehouse, We will send you a despatch confirmation email.
7.1 All prices are inclusive of VAT where applicable at the current rates and are correct at the time of entering the information on to the Website. The total cost of your Order is the price of the Products ordered plus any delivery charges which are stipulated. Generally speaking, delivery costs are between £ 3.50 and £ 5.50 although this may vary on an Order by Order basis and will be stipulated in the Acceptance Email.
7.2 All credit/debit card purchases are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment to Us, we will not accept your Order.
8. How to Cancel Your Order
If you wish to exercise your right to cancel your Order prior to the Product being despatched, please notify Us by email as soon as possible. If your Order has already been despatched please follow the procedure set out in the returns section below.
9.1 We take every care in inspecting and packaging all Products purchased from this Website. However, in the unlikely event that you should receive a faulty Product or that you find a Product does not fit correctly, please let us know immediately by email.
9.2 Any Products (or part thereof) can be returned to Us, within 14 working days of receipt of the Products by you. All Products must be returned undamaged and unworn. Please note that when you try on shoes which have been purchased from this Website, please wear them on a soft surface such as a carpet. We shall not accept returned Products that have been worn on hard surfaces or which are scratched or damaged.
9.3 Returns should be made in the original undamaged packaging and We reserve the right to withhold a percentage of the refund value of returned Products if the Product or packaging is in such a condition that the item needs to be reduced in price for re-sale.
9.4 You are responsible for making the arrangements for the return of Products to Us. You will be responsible for any Products which are lost or damaged in transit during the returns process. The cost of making a return shall be borne by you and it is your responsibility to ensure that any Products being returned are adequately insured.
9.5 Following acceptance of a returned Product by Us (such return having been made in accordance with these Conditions), we shall refund to you the purchase price paid in respect of such Product within 14 working days following receipt of the returned Product by Us.
Risk of damage to or loss of the Products shall pass to you at the time of delivery. All risk shall remain with you until such time as the Order may be cancelled and/or the Products returned to Us in accordance with these Conditions.
Delivery of your Order shall be made as detailed on the Acceptance Email. We shall advise you in the event Products contained in any Order cannot be delivered within 30 days of your Order being placed with Us.
12. Description of Products
12.1 Each Product purchased is sold subject to its Product Description.
12.2 We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered on to the Website. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an Order. The prices specified on the Website will be as accurate as possible. However due to circumstances beyond our control, prices may have to be altered. The correct price will be confirmed in the Acceptance Email. If, for any reason, a price alteration is not acceptable, you are entitled to cancel your Order as specified in paragraph 8 above.
13. Withdrawal of a Product
We reserve the right to withdraw any Products from this Website at any time and or remove or edit any materials or content on this Website.
You agree to fully indemnify, defend and hold Us and our officers, directors, employees, agents and suppliers harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses including reasonable legal fees arising out of any breach of the Conditions by you, any act or omission by you and any other liabilities arising out of your use of this Website or the use by any other person accessing the Website using your shopping account and or your Personal Information.
15. The Website
15.1 We reserve the right to modify or withdraw temporarily or permanently this Website or any part thereof with or without notice to you and you confirm that We shall not be liable to you or any third party for any modification to or withdrawal of the Website and or change these Conditions from time to time. It is your responsibility to check regularly to determine whether these Conditions have been changed each time you make an Order.
15.2 We make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of this Website.
15.3 While We will use our reasonable endeavours to verify the accuracy of any information We place on this Website, this Website is provided on an " as is" basis and an " as available" basis without any representation or endorsement made and we make no warranties of any kind whether express or implied in relation to the availability or functionality of the Website.
15.4 We have not reviewed any of the sites that may be linked to this Website and are not responsible for the content of any linked pages or other sites linked to this Website. We shall have no responsibility or liability arising from the contents of any linked pages or linked sites or for any error, defamation, omission, obscenity or inaccuracy contained in any information therein.
15.5 You are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene, inflammatory, pornographic or illegal material on this Website.
15.6 Both parties shall use reasonable efforts to ensure that when using this Website no viruses, Trojan horses or other codes containing contaminating or destructive properties are transmitted. However, We shall have no liability in the event that the same are transmitted during the course of using this Website.
16. Customer Service
In the event of a query or complaint about any of our Products, Website or service, please email: firstname.lastname@example.org
17. Intellectual Property and Right to Use the Website
17.1 You acknowledge and agree that all Intellectual Property Rights in all material or content supplied as part of the Website, shall remain at all times vested in Us. You are permitted to use this Website and the material contained therein only as expressly authorised by Us.
17.2 You acknowledge and agree that the material and content contained within the Website is made available for your personal, non-commercial use only and that you may (if necessary to place an Order) download such material and content on to only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to assist or facilitate any third party to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content of the Website. You further agree that you shall not, and shall not assist or facilitate any third party to, systematically extract and/or re-utilise parts of the contents of the Website and in particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of this Website. You may not create and/or publish your own database that features substantial parts of this Website (e.g. our prices and Product listings).
18. Compliance with Laws
This Website may be used by you only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through this Website.
19. Limitation of Liability
19.1 We will not be liable, in contract, delict (including without limitation negligence) pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise to you as a result of or in connection with the Conditions for:-
19.1.1 any economic losses including without limitation loss of revenues, loss of data, loss of profits, contracts, business or anticipated savings or
19.1.2 any loss of goodwill or reputation or
19.1.3 any other special or indirect losses suffered or incurred by or arising out of or in connection with the provisions of any matter under these Conditions.
19.3 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our representatives, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No failures to exercise and no delay in exercising on our part of any right or privilege under these Conditions shall operate as a waiver thereof. A waiver by Us of any breach of the Conditions shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.
22. Entire Agreement
These Conditions govern our relationship with you and represent the entire understanding of the subject matter. We confirm that in agreeing to accept these Conditions you have not relied on any prior representation or communications.
23. Governing Law
These Conditions shall be governed by and construed in accordance with Scots law and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.
24. Statutory Rights
Your statutory rights are not affected by these Conditions.