TERMS AND CONDITIONS
TERMS AND CONDITIONS
- BACKGROUND
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Products are sold by Us to consumers through this website, www.mastrama.com (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Products from Our Site. You will be required to read and accept these Terms and Conditions when registering for an Account or ordering Products. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Products through Our Site. These Terms and Conditions, as well as any and all Contracts are in the English language only.
- DEFINITIONS AND INTERPRETATION
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
- Account: means an account you register to have on Our Site for the purposes of placing an Order;
- Contract: means a contract for the purchase and sale of Products, as explained in Clause 8;
- Products: means our personal brand of shoes sold by Us through Our Site;
- Order: means your order for Products;
- Order Confirmation: means our acceptance and confirmation of your Order;
- Order Number: means the reference number for your Order; and
- We/Us/Our: means Mastra Ma’ Ltd, a company registered in England and Wales under company number 11245831, whose registered address is C/O Maygrove Rd, West Hampstead, NW6 2EG, London, United Kingdom.
- INFORMATION ABOUT US
3.1 Our Site, www.mastrama.com, is owned and operated by Mastra Ma’ Ltd, a limited company registered in England and Wales under company number 11245831, whose registered address is C/O Maygrove Rd, West Hampstead, NW6 2EG, London, United Kingdom.
3.2 Our VAT number is 289936329.
- ACCESS TO AND USE OF OUR SITE
4.1 Access to Our Site is free of charge.
4.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
4.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4.4 Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
4.5 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
4.6 All content included on Our Site and the copyright and other intellectual property rights subsisting in that content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All content is protected by applicable United Kingdom and international intellectual property laws and treaties.
4.7 Subject to Clause 4.8, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use content from Our Site unless given express written permission to do so by Us.
4.8 You may:
4.8.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
4.8.2 Download Our Site (or any part of it) for caching;
4.8.3 Print page(s) from Our Site;
4.8.4 Download extracts from pages on Our Site; and
4.8.5 Save pages from Our Site for later and/or offline viewing.
4.9 Our status as the owner and author of the content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
4.10 Certain parts of Our Site (including the ability to purchase goods from Us) may require an Account in order to access them.
4.11 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.12 It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at data-protection@mastrama.com. We will not be liable for any unauthorised use of your Account.
4.13 You must not use anyone else’s Account.
4.14 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information save for any information that is by default retained on any back up servers. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
4.15 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 4.15. Specifically:
4.15.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
4.15.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
4.15.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
4.15.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
- AGE RESTRICTIONS
Consumers may only purchase Products through Our Site if they are at least 18 years of age. Anyone accessing an Account or making purchases on Our Site after falsely stating they are over 18 year of age may result in such Account being terminated and any Order being refused in accordance with Clause 8.2.
- BUSINESS CUSTOMERS
These Terms and Conditions do not apply to customers purchasing Products in the course of business. If you are a business customer or wish to become a business customer, please contact Us via email at business-partners@mastrama.com to discuss further.
7 PRODUCTS, PRICING AND AVAILABILITY
7.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Products available from Us correspond to the actual Products. Please note, however, the following:
7.1.1 Images of Products are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
7.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Products may vary;
7.1.3 Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Products, not to different Products altogether. Please refer to Clause 11 if you receive incorrect Products (i.e. Products that are not as described).
7.2 We cannot guarantee that Products will always be available. Stock indications are provided on Our Site, however such indications may not be real time as there may be inaccuracies due to more orders being placed at the same time.
7.3 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.6 regarding VAT, however).
7.4 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Products at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 5 Business days, We will treat your Order as cancelled and notify you of this in writing.
7.5 In the event that the price of Products you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
7.6 Currencies. Prices on Our Site are in British Pounds for the United Kingdom; Euro for the European Community; US Dollar for the United States of America; Canadian Dollar for Canada, Australian Dollar for Australia and New Zealand Dollar for New Zealand. For all other countries the prices will be shown in British Pounds.
7.6.1 Taxes. Prices on our Site include VAT at checkout for deliveries in the United Kingdom and an estimate of relevant taxes for the United States of America (USA) when the total purchase exceeds $800 (orders shipped to USA below $800 do not attract any taxes and duties). If you believe that our estimate was materially wrong and you have been charged too much, please contact us at customer-care@mastrama.com. If the VAT or any other tax and duty rate changes between your Order being placed and Us taking payment, the amount of taxes payable will be automatically adjusted when taking payment.
7.6.1.1 Taxes (continued). For US orders over US$800 we operate a ‘Delivery Duty Paid’ (DDP) service, whereby Mastra Ma’ passes the taxes and duties that you paid at checkout to the courier, who then pays your Local Authorities. No additional fees will be charged upon delivery and the parcel will be sent to your shipping address without delays. However, if you decide to return the shoes, please note that the courier, hence Mastra Ma’, won’t be able to refund the relevant taxes and duties. To claim the refund of taxes and duties on returned goods, you will need to contact your Local Authorities directly.
7.6.1.2 Taxes (continued). For deliveries outside of the countries mentioned in point 7.6.1, taxes, duties and fees will not be included in the Total Price shown at checkout; instead, the selected courier will communicate to you the taxes, duties and fees that you may need to pay to your Local Authorities and Customs before you can receive the parcel.
7.7 Delivery charges are not included in the price of Products displayed on Our Site. For more information on delivery charges, please refer to the Delivery section of Our Site. Delivery options and related charges will be presented to you as part of the order process.
- ORDERS – HOW CONTRACTS ARE FORMED
8.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
8.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
8.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Completed by email. Only once We have sent you an Order Completed will there be a legally binding Contract between Us and you.
8.4 Order Confirmations shall contain the following information:
8.4.1 Your Order Number;
8.4.2 Confirmation of the Products ordered including full details of the main characteristics of those Products;
8.4.3 Fully itemised pricing for the Products ordered including, where appropriate, taxes, delivery and other additional charges;
8.4.4 Estimated delivery date(s) and time(s).
8.5 We will NOT include a paper copy of the Order Confirmation with your Products.
8.6 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 calendar days.
8.7 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Products.
- PAYMENT
9.1 Payment for Products and related delivery charges must always be made in advance and you will be prompted to pay during the order process.
9.2 We accept the following methods of payment on Our Site:
9.2.1 PayPal;
9.2.2 All cards accepted at the PayPal Guest Checkout Service and Stripe Payment Gateway;
9.2.3 Payment for Products via Paypal will only be accepted if it is for the entire amount of the purchase of price of Products ordered. No partial or instalment payments will be accepted.
- DELIVERY, RISK AND OWNERSHIP
10.1 All Products purchased through Our Site will normally be delivered as soon as possible but no later than within 30 calendar days after the date of Our Order Completed unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 15). The Products will only be delivered to the shipping address specified on the Order Completed.
10.2 If We are unable to deliver the Products on the delivery date, the following will apply:
10.2.1 If no one is available at your delivery address to receive the Products, the courier service We use may leave a delivery note explaining how to rearrange delivery or where to collect the Products;
10.2.2 If the courier service We use cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Products. If this happens, you will be refunded the purchase price of the Products themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Products.
10.3 In the unlikely event that We fail to deliver the Products within 30 calendar days of Our Order Completed (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:
10.3.1 We have refused to deliver your Products; or
10.3.2 In light of all relevant circumstances, delivery within that time period was essential; or
10.3.3 You told Us when ordering the Products that delivery within that time period was essential.
10.4 If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
10.5 You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Products in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Products and their delivery will be refunded to you within 14 calendar days. Please note that if any cancelled Products are delivered to you, you must return them to Us or arrange with Us for their collection in accordance with Clause 12.5 and 12.6. In either case, We will bear the cost of returning the cancelled Products.
10.6 Delivery shall be deemed complete and the responsibility for the Products will pass to you once We have delivered the Products to the shipping address you have provided.
10.7 Ownership of the Products passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
10.8 Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Products.
- EXCESSIVE HANDLING, FAULTY, DAMAGED OR INCORRECT PRODUCTS
11.1 Upon receipt of the Products, you should inspect the Products for any faults or damage and only try the Products on a carpet or other surface where the soles cannot be damaged and to take good care of the packaging. Excessive handling will be deemed to occur if (a) the Products appear to have been used and worn (b) the branded box, dust bags and other packaging material is not maintained or returned in the same condition as they were received; or (c) damage occurs to the Product as a result of you not packaging them up in the same protective way they were received in when preparing to return them to Us. Please note that the Products will come with a protective film on the soles and if this has been taken off or otherwise damaged or any other excessive handling occurs, deductions pursuant to Clause 12.10 may apply.
11.2 By law, We must provide Products that are of satisfactory quality, fit for purpose, as described at the time of purchase. If any Products you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Products, please contact following the process described in the Returns and Exchanges section of Our site as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement. Your available remedies will be as follows:
11.2.1 Beginning on the day that you receive the Products you have a 14 calendar day right to reject the Products and to receive a full refund if they do not conform as stated above.
11.2.2 If you do not wish to reject the Products, you may request a replacement of the Products. We will bear any associated costs and will carry out the replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, We may instead offer you a full refund. If you request replacement during the calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Products.
11.3 Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Products before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Products for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Products for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Products to Us under this Clause 11 merely because you have changed your mind.
11.4 To return Products to Us for any reason under this Clause 11, please visit the Returns and Exchanges page on Our Site which will guide you through the return process. For countries where we do not already offer free returns, we will be fully responsible for the costs of returning Products under this Clause 11 only in case of faulty (where the fault was not disclosed), damaged or incorrect Products and will reimburse you where appropriate. Return of Products shall follow the process in Clause 12.6. You should always contact Us first in respect of any return and not instigate any return with the bank through which payment was taken for your Order unless We fail to effect any return or refund in accordance with these Terms and Conditions.
11.5 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund or the day when we receive back the Products, whichever is applicable.
11.6 Any and all refunds issued under this Clause 11 will include all delivery costs if actually paid by you when the Products were originally purchased, only in case of faulty (where the fault was not disclosed), damaged or incorrect Products.
11.7 Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Products.
11.8 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
- CANCELLING AND RETURNING PRODUCTS
12.1 If you are a consumer in the United Kingdom or European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason (and we offer the same cooling-off period to all other countries). This period begins once your Order is complete and We have sent you your Order Completed email, i.e. when the Contract between you and Us is formed and ends in accordance with Clause 12.2. You may also cancel for any reason before We send the Order Completed email.
12.2 In addition:
12.2.1 If the Products are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which the Products are delivered to the shipping address stated on the Order Completed email.
12.2.2 If the Products are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which the final instalment of Products are delivered to the shipping address stated on the Order Completed email.
12.3 If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling-off period. You may do so by:
12.3.1 following the process in the Returns and Exchanges page. If you experience issues with the process, you ma send Us an email to customer-care@mastrama.com. We will include a link to the online form with the Order Confirmation. Cancellation by email is effective from the date on which you send Us your message and we have acknowledged the same (the “Cancellation Effective Date”). Please note that the cooling-off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
12.3.2 If you would prefer to contact Us directly to cancel, please use send an email to customer-care@mastrama.com, in each case, providing Us with your name, address, email address, telephone number, and Order Number. You should always contact Us first in respect of any cancellation and not instigate any refund or cancellation with the bank through which payment was taken for your Order unless We fail to effect any cancellation or refund in accordance with these Terms and Conditions.
12.4 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Products and services, however please note that you are under no obligation to provide any details if you do not wish to.
12.5 Subject to Clause 12.6, please ensure that you post back the Products to Us no more than 14 calendar days after the Cancellation Effective
12.6 You should return Products to Us by post using a return label from Our choice of courier service to Our return address. On or after the Cancellation Effective Date, We will email you a return label which you can print out and use when returning the Products or please Contact Us. Parcels shipped to countries where we offer free returns will include a pre-printed free return label.
12.7 Refunds under this Clause 12 will be issued to you as soon as possible but no later than within 14 calendar days of the following:
12.7.1 The day on which We receive the Products back; or
12.7.2 If We have not yet provided an Order Completed email or have not yet dispatched the Products, the Cancellation Effective Date.
12.8 Refunds under this Clause 12 may be subject to deductions in the following circumstances:
12.8.1 Refunds may be reduced for any diminished value in the Products resulting from your excessive handling of them (e.g. no more than would be permitted in a shop or that would reasonably prevent the Products from being resold as new) and as set out in Clause 11.1. Please note that if We issue a refund before We have received the Products and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Products have been handled excessively.
12.8.2 The delivery cost, if any was charged upon placing your order, won’t be refunded. If We offered free delivery with your Order, you will not be eligible for refunds on delivery costs.
12.8.3 Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Products.
- OUR LIABILITY TO CONSUMERS
13.1 We will be responsible for foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions (or the Contract) or as a result of Our negligence limited to the value of the Products you ordered only. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
13.2 We only supply Products for private and personal use by consumers. We make no warranty or representation that the Products are fit for commercial or industrial use of any kind (including resale). We will not be liable for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
13.3 Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence.
13.4 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
- EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)
14.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
14.2 If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
14.2.1 We will inform you as soon as is reasonably possible;
14.2.2 We will take all reasonable steps to minimise the delay;
14.2.3 To the extent that we cannot minimise the delay, Our affected obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
14.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Products as necessary;
14.2.5 If the event outside of Our control continues for more than 21 Business Days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 10 Business Days of the date on which the Contract is cancelled;
14.2.5 If an event outside of Our control occurs and continues for more than 21 Business Days and you wish to cancel the Contract as a result, you may do so by following the process described in the Returns and Exchanges page of Our Site. If you would prefer to contact Us directly to cancel, please send Us an email at customer-care@mastrama.com, in each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 10 Business Days of the date on which the Contract is cancelled.
- COMMUNICATION AND CONTACT DETAILS
15.1 If you wish to contact Us with general questions or complaints, you may contact Us by email at customer-care@mastrama.com.
15.2 For matters relating the Products or your Order, please contact Us by email at customer-care@mastrama.com.
15.3 For matters relating to cancellations, please contact Us by email at customer-care@mastrama.com or refer to the relevant Clauses above.
- COMPLAINTS AND FEEDBACK
16.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
16.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
16.2.1 In writing, addressed to Costumer Service at Mastra Ma’ Ltd.,C/O 75 Maygrove Rd, West Hampstead, London NW6 2EG, UK;
16.2.2 By email, addressed to Costumer Service at customer-care@mastrama.com.
- HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)
17.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
17.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookies Policy.
- OTHER IMPORTANT TERMS
18.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
18.2 Subject to Clause 18.3, you cannot transfer (assign) the benefit of your rights in Clause 11 or Clause 12 to any person to whom you transfer ownership of the Products after you have completed purchasing the Products from Us (for example, by selling the Products to that person or giving them the Products as a gift).
18.3 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
18.4 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions. This is subject to Clause 18.2.
18.5 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
18.6 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
18.7 We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Products you have already received and we will arrange for a full refund (including delivery charges if applicable) which will be paid within 14 calendar days of your cancellation.
- LAW AND JURISDICTION
These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England & Wales.
Last updated on the 27 April 2024
TERMS AND CONDITIONS
- BACKGROUND
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Products are sold by Us to consumers through this website, www.mastrama.com (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Products from Our Site. You will be required to read and accept these Terms and Conditions when registering for an Account or ordering Products. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Products through Our Site. These Terms and Conditions, as well as any and all Contracts are in the English language only.
- DEFINITIONS AND INTERPRETATION
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
- Account: means an account you register to have on Our Site for the purposes of placing an Order;
- Contract: means a contract for the purchase and sale of Products, as explained in Clause 8;
- Products: means our personal brand of shoes sold by Us through Our Site;
- Order: means your order for Products;
- Order Confirmation: means our acceptance and confirmation of your Order;
- Order Number: means the reference number for your Order; and
- We/Us/Our: means Mastra Ma’ Ltd, a company registered in England and Wales under company number 11245831, whose registered address is C/O Maygrove Rd, West Hampstead, NW6 2EG, London, United Kingdom.
- INFORMATION ABOUT US
3.1 Our Site, www.mastrama.com, is owned and operated by Mastra Ma’ Ltd, a limited company registered in England and Wales under company number 11245831, whose registered address is C/O Maygrove Rd, West Hampstead, NW6 2EG, London, United Kingdom.
3.2 Our VAT number is 289936329.
- ACCESS TO AND USE OF OUR SITE
4.1 Access to Our Site is free of charge.
4.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
4.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4.4 Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
4.5 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
4.6 All content included on Our Site and the copyright and other intellectual property rights subsisting in that content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All content is protected by applicable United Kingdom and international intellectual property laws and treaties.
4.7 Subject to Clause 4.8, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use content from Our Site unless given express written permission to do so by Us.
4.8 You may:
4.8.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
4.8.2 Download Our Site (or any part of it) for caching;
4.8.3 Print page(s) from Our Site;
4.8.4 Download extracts from pages on Our Site; and
4.8.5 Save pages from Our Site for later and/or offline viewing.
4.9 Our status as the owner and author of the content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
4.10 Certain parts of Our Site (including the ability to purchase goods from Us) may require an Account in order to access them.
4.11 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.12 It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at data-protection@mastrama.com. We will not be liable for any unauthorised use of your Account.
4.13 You must not use anyone else’s Account.
4.14 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information save for any information that is by default retained on any back up servers. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
4.15 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 4.15. Specifically:
4.15.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
4.15.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
4.15.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
4.15.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
- AGE RESTRICTIONS
Consumers may only purchase Products through Our Site if they are at least 18 years of age. Anyone accessing an Account or making purchases on Our Site after falsely stating they are over 18 year of age may result in such Account being terminated and any Order being refused in accordance with Clause 8.2.
- BUSINESS CUSTOMERS
These Terms and Conditions do not apply to customers purchasing Products in the course of business. If you are a business customer or wish to become a business customer, please contact Us via email at business-partners@mastrama.com to discuss further.
7 PRODUCTS, PRICING AND AVAILABILITY
7.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Products available from Us correspond to the actual Products. Please note, however, the following:
7.1.1 Images of Products are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
7.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Products may vary;
7.1.3 Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Products, not to different Products altogether. Please refer to Clause 11 if you receive incorrect Products (i.e. Products that are not as described).
7.2 We cannot guarantee that Products will always be available. Stock indications are provided on Our Site, however such indications may not be real time as there may be inaccuracies due to more orders being placed at the same time.
7.3 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.6 regarding VAT, however).
7.4 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Products at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 5 Business days, We will treat your Order as cancelled and notify you of this in writing.
7.5 In the event that the price of Products you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
7.6 Currencies. Prices on Our Site are in British Pounds for the United Kingdom; Euro for the European Community; US Dollar for the United States of America; Canadian Dollar for Canada, Australian Dollar for Australia and New Zealand Dollar for New Zealand. For all other countries the prices will be shown in British Pounds.
7.6.1 Taxes. Prices on our Site include VAT at checkout for deliveries in the United Kingdom and an estimate of relevant taxes for the United States of America (USA) when the total purchase exceeds $800 (orders shipped to USA below $800 do not attract any taxes and duties). If you believe that our estimate was materially wrong and you have been charged too much, please contact us at customer-care@mastrama.com. If the VAT or any other tax and duty rate changes between your Order being placed and Us taking payment, the amount of taxes payable will be automatically adjusted when taking payment.
7.6.1.1 Taxes (continued). For US orders over US$800 we operate a ‘Delivery Duty Paid’ (DDP) service, whereby Mastra Ma’ passes the taxes and duties that you paid at checkout to the courier, who then pays your Local Authorities. No additional fees will be charged upon delivery and the parcel will be sent to your shipping address without delays. However, if you decide to return the shoes, please note that the courier, hence Mastra Ma’, won’t be able to refund the relevant taxes and duties. To claim the refund of taxes and duties on returned goods, you will need to contact your Local Authorities directly.
7.6.1.2 Taxes (continued). For deliveries outside of the countries mentioned in point 7.6.1, taxes, duties and fees will not be included in the Total Price shown at checkout; instead, the selected courier will communicate to you the taxes, duties and fees that you may need to pay to your Local Authorities and Customs before you can receive the parcel.
7.7 Delivery charges are not included in the price of Products displayed on Our Site. For more information on delivery charges, please refer to the Delivery section of Our Site. Delivery options and related charges will be presented to you as part of the order process.
- ORDERS – HOW CONTRACTS ARE FORMED
8.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
8.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
8.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Completed by email. Only once We have sent you an Order Completed will there be a legally binding Contract between Us and you.
8.4 Order Confirmations shall contain the following information:
8.4.1 Your Order Number;
8.4.2 Confirmation of the Products ordered including full details of the main characteristics of those Products;
8.4.3 Fully itemised pricing for the Products ordered including, where appropriate, taxes, delivery and other additional charges;
8.4.4 Estimated delivery date(s) and time(s).
8.5 We will NOT include a paper copy of the Order Confirmation with your Products.
8.6 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 calendar days.
8.7 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Products.
- PAYMENT
9.1 Payment for Products and related delivery charges must always be made in advance and you will be prompted to pay during the order process.
9.2 We accept the following methods of payment on Our Site:
9.2.1 PayPal;
9.2.2 All cards accepted at the PayPal Guest Checkout Service and Stripe Payment Gateway;
9.2.3 Payment for Products via Paypal will only be accepted if it is for the entire amount of the purchase of price of Products ordered. No partial or instalment payments will be accepted.
- DELIVERY, RISK AND OWNERSHIP
10.1 All Products purchased through Our Site will normally be delivered as soon as possible but no later than within 30 calendar days after the date of Our Order Completed unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 15). The Products will only be delivered to the shipping address specified on the Order Completed.
10.2 If We are unable to deliver the Products on the delivery date, the following will apply:
10.2.1 If no one is available at your delivery address to receive the Products, the courier service We use may leave a delivery note explaining how to rearrange delivery or where to collect the Products;
10.2.2 If the courier service We use cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Products. If this happens, you will be refunded the purchase price of the Products themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Products.
10.3 In the unlikely event that We fail to deliver the Products within 30 calendar days of Our Order Completed (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:
10.3.1 We have refused to deliver your Products; or
10.3.2 In light of all relevant circumstances, delivery within that time period was essential; or
10.3.3 You told Us when ordering the Products that delivery within that time period was essential.
10.4 If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
10.5 You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Products in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Products and their delivery will be refunded to you within 14 calendar days. Please note that if any cancelled Products are delivered to you, you must return them to Us or arrange with Us for their collection in accordance with Clause 12.5 and 12.6. In either case, We will bear the cost of returning the cancelled Products.
10.6 Delivery shall be deemed complete and the responsibility for the Products will pass to you once We have delivered the Products to the shipping address you have provided.
10.7 Ownership of the Products passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
10.8 Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Products.
- EXCESSIVE HANDLING, FAULTY, DAMAGED OR INCORRECT PRODUCTS
11.1 Upon receipt of the Products, you should inspect the Products for any faults or damage and only try the Products on a carpet or other surface where the soles cannot be damaged and to take good care of the packaging. Excessive handling will be deemed to occur if (a) the Products appear to have been used and worn (b) the branded box, dust bags and other packaging material is not maintained or returned in the same condition as they were received; or (c) damage occurs to the Product as a result of you not packaging them up in the same protective way they were received in when preparing to return them to Us. Please note that the Products will come with a protective film on the soles and if this has been taken off or otherwise damaged or any other excessive handling occurs, deductions pursuant to Clause 12.10 may apply.
11.2 By law, We must provide Products that are of satisfactory quality, fit for purpose, as described at the time of purchase. If any Products you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Products, please contact following the process described in the Returns and Exchanges section of Our site as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement. Your available remedies will be as follows:
11.2.1 Beginning on the day that you receive the Products you have a 14 calendar day right to reject the Products and to receive a full refund if they do not conform as stated above.
11.2.2 If you do not wish to reject the Products, you may request a replacement of the Products. We will bear any associated costs and will carry out the replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, We may instead offer you a full refund. If you request replacement during the calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Products.
11.3 Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Products before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Products for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Products for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Products to Us under this Clause 11 merely because you have changed your mind.
11.4 To return Products to Us for any reason under this Clause 11, please visit the Returns and Exchanges page on Our Site which will guide you through the return process. For countries where we do not already offer free returns, we will be fully responsible for the costs of returning Products under this Clause 11 only in case of faulty (where the fault was not disclosed), damaged or incorrect Products and will reimburse you where appropriate. Return of Products shall follow the process in Clause 12.6. You should always contact Us first in respect of any return and not instigate any return with the bank through which payment was taken for your Order unless We fail to effect any return or refund in accordance with these Terms and Conditions.
11.5 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund or the day when we receive back the Products, whichever is applicable.
11.6 Any and all refunds issued under this Clause 11 will include all delivery costs if actually paid by you when the Products were originally purchased, only in case of faulty (where the fault was not disclosed), damaged or incorrect Products.
11.7 Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Products.
11.8 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
- CANCELLING AND RETURNING PRODUCTS
12.1 If you are a consumer in the United Kingdom or European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason (and we offer the same cooling-off period to all other countries). This period begins once your Order is complete and We have sent you your Order Completed email, i.e. when the Contract between you and Us is formed and ends in accordance with Clause 12.2. You may also cancel for any reason before We send the Order Completed email.
12.2 In addition:
12.2.1 If the Products are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which the Products are delivered to the shipping address stated on the Order Completed email.
12.2.2 If the Products are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which the final instalment of Products are delivered to the shipping address stated on the Order Completed email.
12.3 If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling-off period. You may do so by:
12.3.1 following the process in the Returns and Exchanges page. If you experience issues with the process, you ma send Us an email to customer-care@mastrama.com. We will include a link to the online form with the Order Confirmation. Cancellation by email is effective from the date on which you send Us your message and we have acknowledged the same (the “Cancellation Effective Date”). Please note that the cooling-off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
12.3.2 If you would prefer to contact Us directly to cancel, please use send an email to customer-care@mastrama.com, in each case, providing Us with your name, address, email address, telephone number, and Order Number. You should always contact Us first in respect of any cancellation and not instigate any refund or cancellation with the bank through which payment was taken for your Order unless We fail to effect any cancellation or refund in accordance with these Terms and Conditions.
12.4 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Products and services, however please note that you are under no obligation to provide any details if you do not wish to.
12.5 Subject to Clause 12.6, please ensure that you post back the Products to Us no more than 14 calendar days after the Cancellation Effective
12.6 You should return Products to Us by post using a return label from Our choice of courier service to Our return address. On or after the Cancellation Effective Date, We will email you a return label which you can print out and use when returning the Products or please Contact Us. Parcels shipped to countries where we offer free returns will include a pre-printed free return label.
12.7 Refunds under this Clause 12 will be issued to you as soon as possible but no later than within 14 calendar days of the following:
12.7.1 The day on which We receive the Products back; or
12.7.2 If We have not yet provided an Order Completed email or have not yet dispatched the Products, the Cancellation Effective Date.
12.8 Refunds under this Clause 12 may be subject to deductions in the following circumstances:
12.8.1 Refunds may be reduced for any diminished value in the Products resulting from your excessive handling of them (e.g. no more than would be permitted in a shop or that would reasonably prevent the Products from being resold as new) and as set out in Clause 11.1. Please note that if We issue a refund before We have received the Products and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Products have been handled excessively.
12.8.2 The delivery cost, if any was charged upon placing your order, won’t be refunded. If We offered free delivery with your Order, you will not be eligible for refunds on delivery costs.
12.8.3 Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Products.
- OUR LIABILITY TO CONSUMERS
13.1 We will be responsible for foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions (or the Contract) or as a result of Our negligence limited to the value of the Products you ordered only. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
13.2 We only supply Products for private and personal use by consumers. We make no warranty or representation that the Products are fit for commercial or industrial use of any kind (including resale). We will not be liable for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
13.3 Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence.
13.4 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
- EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)
14.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
14.2 If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
14.2.1 We will inform you as soon as is reasonably possible;
14.2.2 We will take all reasonable steps to minimise the delay;
14.2.3 To the extent that we cannot minimise the delay, Our affected obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
14.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Products as necessary;
14.2.5 If the event outside of Our control continues for more than 21 Business Days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 10 Business Days of the date on which the Contract is cancelled;
14.2.5 If an event outside of Our control occurs and continues for more than 21 Business Days and you wish to cancel the Contract as a result, you may do so by following the process described in the Returns and Exchanges page of Our Site. If you would prefer to contact Us directly to cancel, please send Us an email at customer-care@mastrama.com, in each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 10 Business Days of the date on which the Contract is cancelled.
- COMMUNICATION AND CONTACT DETAILS
15.1 If you wish to contact Us with general questions or complaints, you may contact Us by email at customer-care@mastrama.com.
15.2 For matters relating the Products or your Order, please contact Us by email at customer-care@mastrama.com.
15.3 For matters relating to cancellations, please contact Us by email at customer-care@mastrama.com or refer to the relevant Clauses above.
- COMPLAINTS AND FEEDBACK
16.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
16.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
16.2.1 In writing, addressed to Costumer Service at Mastra Ma’ Ltd.,C/O 75 Maygrove Rd, West Hampstead, London NW6 2EG, UK;
16.2.2 By email, addressed to Costumer Service at customer-care@mastrama.com.
- HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)
17.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
17.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookies Policy.
- OTHER IMPORTANT TERMS
18.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
18.2 Subject to Clause 18.3, you cannot transfer (assign) the benefit of your rights in Clause 11 or Clause 12 to any person to whom you transfer ownership of the Products after you have completed purchasing the Products from Us (for example, by selling the Products to that person or giving them the Products as a gift).
18.3 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
18.4 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions. This is subject to Clause 18.2.
18.5 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
18.6 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
18.7 We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Products you have already received and we will arrange for a full refund (including delivery charges if applicable) which will be paid within 14 calendar days of your cancellation.
- LAW AND JURISDICTION
These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England & Wales.
Last updated on the 27 April 2024
