Terms & Conditions
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Terms & Conditions
1. INFORMATION ABOUT US
Our website is operated by Mary Benson World Limited (“we/our/us”). We are a company registered in England and Wales with company number 10833495. Our registered office address is Studio 119, Hackney Downs Studios, Amhurst Terrace, London, E8 2BT.
To contact us, please email firstname.lastname@example.org
2.THE EFFECT OF THESE TERMS
By using our website you accept these terms. If you do not agree to these terms, you must not use our Website.
We may make changes to these terms. We may amend these terms from time to time. Every time you wish to use our Website the terms which are in place at that time will apply. Please check these terms to ensure you understand the terms that apply at that time.
3. YOUR RIGHTS AND OBLIGATION WHEN YOU USE OUR WEBSITE
How you may use material on our Website:
(a) We are the owner or the licensee of all intellectual property rights in the layout, design, content and graphics on our Website, and in the material published on the Website. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
(b) The trade mark is a UK registered trade mark belonging to us. You may not use this trade mark in any form (including framing, as meta tags or other text) without our prior written approval.[A1]
(c) You may print off one copy, take screenshots or download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on the Website.
(d) You must not modify the copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
(e) You may not create any derivative work or make any adaptation to any work displayed on the Website without our prior written consent.
(f) Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
(g) You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
Accuracy and completeness of information
(a) We are constantly updating and improving the content provided via the Website. As such, it is possible that the products, services or information provided to you via the Website may be unavailable, misdescribed or otherwise inaccurate. You expressly agree that information obtained by you from the Website shall create no warranty on behalf of us. You expressly agree that any offer of a product or service which is unavailable or misdescribed does not constitute a legal offer for the purpose of forming a legally binding contract.
(b) Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied that the content on the Website is accurate, complete or up to date.
(c) Please consult the “faq” page www.marybensonworld.com/faq or contact customer service at email@example.com if you would like us to clarify any of the information provided by us on the Website.
We only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
4. OUR RIGHTS AND OBLIGATIONS WHEN YOU USE OUR WEBSITE
We are not responsible for website/content we link to. Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We make no representation or warranty, and accept no liability, for material published on any website which is not under our control.
User generated content is not approved by us. Content uploaded to, or linked through, the Website should not be interpreted as approval by us of that content or information. We make no representation or warranty, and accept no liability, for material published on the Website which is user-generated.
We may make changes to the Website. We may update and change the Website from time to time to reflect changes to the advice we recommend, information, products, our services, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
We may suspend or withdraw the Website. We provide the Website to you free of charge. We do not guarantee that the Website or any content, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for any reason and at any time. Where, in our view, it is appropriate to do so, we will try to give you reasonable notice of any suspension or withdrawal.
We have rights to use the material you upload. When you upload or post content to our site, you grant us a non-exclusive, worldwide, royalty free, revocable licence to use that content, provided that such use complies with our requirements under privacy and data protection laws.
5. ACCEPTABLE USE OF THE WEBSITE
Prohibited uses of the Website. The following uses of the Website are prohibited:
(a) Use in any way that breaches any applicable local, national or international law or regulation.
(b) Use in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
(c) Use the purpose of harming or attempting to harm minors in any way.
(d) Sending, knowingly receiving, uploading, downloading, using or re-using any material which does not comply with these terms and conditions.
(e) Transmitting, or procuring the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
(f) Transmitting any materials which are not your own, or that you do not have a right to transmit.
(g) Knowingly transmitting any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
(h) Impersonate any entity or person, or otherwise falsely state or misrepresent an affiliation with us, our affiliates or any other person or entity.
(i) Accessing or attempting to access another user’s account without that person’s consent.
(j) Allowing others to access your account, selling access to, reproducing, duplicating or copying any content on the Website and/or your account in contravention of these terms.
Contributions uploaded to the Website. Any contribution you upload to the Website must be accurate, be genuinely held and comply with the applicable law. Content must not:
(a) Be likely to deceive any person.
(b) Contain any material which is defamatory of any person.
(c) Contain any material which is obscene, offensive, hateful, inflammatory, of a sexually offensive or discriminatory nature.
(d) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(e) Infringe any copyright, database right or trade mark of any other person
(f) Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
(g) Be likely to harass, upset, embarrass, alarm or annoy any other person.
(h) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
6. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
7. LINKING TO THE WEBSITE
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, and you must not establish a link to the Website in any other platform that is not owned by you.
The Website must not be framed on any other platform, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the acceptable use standards set out under the heading “Acceptable Use” of these terms and conditions.
If you wish to link to or make any use of content on the Website other than that set out above, please contact firstname.lastname@example.org for our permission which may, at our sole discretion, be withheld.
8. LIMITATION OF LIABILITY
We hereby expressly exclude, to the fullest extent permitted by applicable laws, our liability for any direct, indirect, incidental, special or consequential damages which arise as a result of loss due to you using the Website, the information provided to you via the Website, or the use of our products or services, even if foreseeable.
We provide no warranty that the Website’ functionality will be uninterrupted, not that the Website will be available, secure, free of viruses or other harmful components.
We provide no warranty as to the accuracy, quality or fitness for purpose of the information or content displayed on the Website.
Nothing in this provision affects our or our contracts’ liability for death or personal injury arising from negligence, nor does it exclude liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under the applicable law.
To the extent that your statutory rights as a consumer cannot be limited, these terms do not limit such rights.
10. WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?
ONLINE SALE OF PRODUCTS TERMS AND CONDITIONS (CONSUMER)
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. Information about us and how to contact us
2.1 Who we are. We are Mary Benson World Limited a company registered in England and Wales. Our company registration number is 10833495. and our registered office is at Studio 119, Hackney Downs Studios, Amhurst Terrace, London, E8 2BT.
2.2 How to contact us. You can contact us by telephoning our customer service team at 07825 788890 or by writing to us at email@example.com or Studio 105, Hackney Downs Studios, Amhurst Terrace, London, E8 2BT.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause Error! Reference source not found.- Your rights to end the contract).
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products. During the order process we will provide you with an estimate of let you know when we will provide the products will likely be delivered to to you, we will deliver them to you as soon as reasonably possible. We will contact you with an estimated delivery date, which will be dependant n [this is different for different countries see- please refer to https://www our shipping and returns page at . marybensonworld.com/shipping-and-returns. We will endeavour to deliver the products to you as soon as reasonably possible, and in any event within 30 days/ ] after the day on which we accept your order.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.6 When you become responsible for the products. A product which is products will be your responsibility from the time we deliver the product to the address you gave us or you.
7.7 When you own products. You own a product which is products once we have received payment in full.
7.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your home address or telephone contact details. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(b) Products which are made to the consumer’s specification or are clearly personalised; and
(c) any products which become mixed inseparably with other items after their delivery.
8.5 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the products, unless your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for products is completed when the product is delivered. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 07825 788890 or email us at firstname.lastname@example.org Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the form on our website marybensonworld.com/contact
(c) By post: post them back to us at Studio 105, Hackney Downs Studios, Amhurst Terrace, London, E8 2BT, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the products in person to where you bought them, post them back to us at Studio 105, Hackney Downs Studios, Amhurst Terrace, London, E8 2BT or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 07825 788890 or email us at email@example.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
9.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier the day on which you provide us with evidence that you have sent the product back to us. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
(c) you do not, within a reasonable time, allow us to deliver the products to you.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 07825 788890 or write to us at firstname.lastname@example.org or 105 Hackney Downs Studios, Amhurst Terrace, London E8 2BT
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the Products you order, provided that these Products are goods, your legal rights entitle you to the following:
· up to 30 days: if the goods are faulty, then you can get an immediate refund.
· up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
· if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3 which relates to your statutory right to change your mind.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us or. Please call customer services on 07825 788890 or email us at email@example.com a return label or to arrange collection.
12. Price and payment
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
12.4 When you must pay and how you must pay. We accept payment from all major credit card providers[CZ2] . You must pay for products at the time of placing the order through the Website. By placing an order for Products through our website you are promising that all details you provide are true and accurate, that you are at least 18 years of age, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.
13. Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2 and for defective products under the Consumer Protection Act 1987.
13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How we may use your personal information
14.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.