Terms & Conditions
Terms and conditions
business and of website use.
When using www.monilo.com (Website) in any way, please consider these terms.
1. Other applicable terms
2. Information about Us and contacting us
Our Website is operated by Monilo Ltd (We/Us/Our). We are registered in England and Wales under company number 09709110 and have Our registered office at 5B Dilke Street SW3 4JE London, UK. We are a private limited company by shares. To contact Us please email: firstname.lastname@example.org
3. Changes to these terms
Please check this page from time to time to take notice of any changes We made, as they are binding on you.
4. Changes to Our Website
We may update Our Website from time to time, and may change the content at any time. However, please note that any of the content on Our Website may be out of date at any given time, and We are under no obligation to update it.
We do not guarantee that Our Website, or any content on it, will be free from errors or omissions.
5. Accessing Our Website
Our Website is made available free of charge.
We do not guarantee that Our Website, or any content on it, will always be available or be uninterrupted. Access to Our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Our Website without notice. We will not be liable to you if for any reason Our Website is unavailable at any time or for any period.
6. Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of Our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify Us at email@example.com
7. Intellectual property rights
We are the owner or the licensee of all intellectual property rights in Our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off a limited number of copies, and may 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 Our Website.
You must not modify the paper or digital 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.
Our status (and that of any identified contributors) as the authors of content on Our Website must always be acknowledged.
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.
8. No reliance on information
The content on Our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Website.
Although We make reasonable efforts to update the information on Our Website, We make no representations, warranties or guarantees, whether express or implied, that the content on Our Website is accurate, complete or up-to-date.
9. Limitation of Our liability
To the extent permitted by law, We exclude all conditions, warranties, representations or other terms which may apply to Our Website or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, Our Website; or
- use of or reliance on any content displayed on Our Website.
If you are a business user, please note that in particular, We will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that 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.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Website or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on Our Website. Such links should not be interpreted as endorsement by Us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in Our Terms and Conditions of Supply of Goods below.
10. Uploading content to Our Website
Whenever you make use of a feature that allows you to upload content to Our Website, or to make contact with other users of Our website, you must comply with the content standards set out in in paragraph 12.
You warrant that any such contribution does comply with those standards, and you will be liable to Us and indemnify Us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage We suffer as a result of your breach of warranty.
Any content you upload to Our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant Us and other users of Our Website a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to Us are described in the next paragraph (rights you licence).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of Our Website.
The views expressed by other users on Our Website do not represent Our views or values.
You are solely responsible for securing and backing up your content.
11. Rights you licence
When you upload or post content to Our Website, you grant the following licenses:
- hereby grant to Us a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid-up, worldwide, and sublicenseable right to use, copy, reproduce, modify, adapt, translate, distribute, publish, create derivative works of, display, perform, and otherwise disclose or incorporate into other works, the content posted by you for any purpose to the extent permissible by applicable law; and
12. Content standards
These content standards apply to any and all material which you contribute to Our Website (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
13. Suspension and termination
We will determine, in Our discretion, whether there has been a breach of clause 12 through your use of Our Website. When a breach of this policy has occurred, We may take such action as We deem appropriate.
Failure to comply with clause 12 constitutes a material breach of these terms upon which you are permitted to use Our Website, and may result in Our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use Our Website.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to Our Website.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as We reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and We may take any other action We reasonably deem appropriate.
We do not guarantee that Our Website will be secure or free from all bugs or viruses, but our online platform is a very strong and secure one, and we take this effort to protect our own data and the data of our clients to the highest available extent.
You are responsible for configuring your information technology, computer programmes and platform in order to access Our Website. You should use your own virus protection software.
You must not misuse Our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Website, the server on which Our Website is stored or any server, computer or database connected to Our Website. You must not attack Our Website 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 Website will cease immediately.
15. Linking to Our Website
You may link to any page on Our 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.
You must not establish a link to Our Website in any website that is not owned by you and Our Website must not be framed on any other Website
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on Our Website other than that set out above, please contact firstname.lastname@example.org
16. Third party links and intellectual property and resources in Our Website
Where Our Website contains links to other sites and resources provided by third parties, these links are provided for your information only.
Where Our Website contains third party intellectual property, We have obtained permission from the owner to display the intellectual property on Our Website. You are not permitted to make use of the intellectual property contained on Our Website other than in accordance with these terms.
We have no control over the contents of those sites or resources.
17. Applicable law
18. Trade marks
Monilo Ltd is the ower of the following logotype:
19. Supply of goods
This section of the Terms and Conditions of Business tells you information about Us and the legal terms and conditions (Terms) on which We sell any of the products (Products) listed on Our website (Website) to you as a client (Customer).
These Terms will apply to any contract between Us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from Our Website. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from Our Website.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language. References to clause numbers are references to clauses within these supply of goods terms.
20. Contacting us
If you wish to contact Us for any other reason, including because you have any complaints, you can contact Us by telephoning Our customer service team at email@example.com
To cancel a Contract in accordance with your legal right to do so as set out in clause 26, you just need to let Us know that you have decided to cancel. The easiest way to do this is to complete the Refund Request form on Our website. If you use this method We will e-mail you to confirm We have received your cancellation.
If We have to contact you or give you notice in writing, We will do so by e-mail or by pre-paid post to the address you provide to Us in your order.
21. Our Products
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 your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. The packaging of the Products may vary from that shown on images on Our Website.
Although We have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on Our Website have a two per cent tolerance.
22. How We use your personal information
23. Minimum age for purchases
If you are a consumer, you may only purchase Products from Our Website if you are at least 18 years old.
24. How the contract is formed between you and us
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an order, you will receive an e-mail from Us acknowledging that We have received your order.
However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5 below.
We will confirm Our acceptance to you by sending you an e-mail (Order Confirmation). The Contract between Us will only be formed when We send you the Order Confirmation.
If We are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because We cannot meet your requested delivery date or because of an error in the price on Our Website as referred to in clause 11, We will inform you of this by e-mail and We will not process your order. If you have already paid for the Products, We will refund you the full amount including any delivery costs charged as soon as possible.
25. Our right to vary these Terms
We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
- changes in relevant laws and regulatory requirements; and
- changes to Our supply of Products.
If We have to revise these Terms as they apply to your order, We will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at Our cost) any relevant Products you have already received and We will arrange a full refund of the price you have paid, including any delivery charges.
26. RETURNS & REFUNDS
You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in this clause 7 except in relation to Bespoke Products. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify Us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office or an equivalent legal advice centre in your country.
For all orders for Products but not for Bespoke Products, your legal right to cancel a Contract starts from the date of the Order Confirmation (the date on which We e-mail you to confirm Our acceptance of your order), which is when the Contract between Us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
|Your Contact||End of the cancellation period|
Your Contract is for a single Product
(which is not delivered in instalments on separate days).
|The end date is the end of 14 days after the day on which you receive the Product. Example: if We provide you with a Order Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.|
Your Contract is for either of the following:
|The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered. Example: if We provide you with a Order Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.|
|Your Contract is for the regular delivery of a Product over a set period||The end date is 14 days after the day on which you receive the first delivery of the Products. Example: if We provide you with a Order Confirmation on 1 January in respect of Products to be delivered at regular intervals over the month and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during that period.|
To cancel a Contract, you just need to let Us know that you have decided to cancel. The easiest way to do this is to complete the Refund Request form . A link to the Refund Request form will be also included in Our Order Confirmation. If you use this method We will e-mail you to confirm We have received your cancellation. If you are cancelling the order before receiving the Product, or you cancel following the dispatch of the Product, We shall only refund payment on receipt of the Product except for as set out in this clause 26.
You can also e-mail Us at firstname.lastname@example.org . If you are e-mailing Us or writing to Us please include details of your order to help Us to identify it. If you send Us your cancellation notice by e-mail, then your cancellation is effective from the date you send Us the e-mail. For example, you will have given Us notice in time as long as you e-mail Us before midnight on that day.
If you cancel your Contract We will:
- refund you the price you paid for the Product(s). However, please note We are permitted by law to reduce your refund to reflect any reduction in the value of the goods, 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 goods and later discover you have handled them in an unacceptable way, you must pay Us an appropriate amount.
- refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method We offer (provided that this is a common and generally acceptable method). 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.
- make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
a) if you have received the Product and We have not offered to collect it from you: 14 days after 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. For information about how to return a Product to us, see clause 26 above;
b) if you have not received the Product(s) or you have received it and We have offered to collect it from you: 14 days after you inform Us of your decision to cancel the Contract.
c) If you have returned the Product(s) to Us under this clause 26 because they are faulty or mis-described, We will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product We may refund you in vouchers.
If a Product has been delivered to you before you decide to cancel your Contract:
- then you must return it to Us without undue delay and in any event not later than 14 days after delivery of the product and when you have informed Us that you wish to cancel the Contract. You must send the item(s) you wish to return back, in original packaging; to Our returns address:
Unists 1& 2 Shires Road
NN13 7EZ Brackley
Northants, United Kingdom
Please see Our Delivery and Returns page. You will find Our returns address there too;
- unless the Product is faulty or not as described (in this case, see above clause 26), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, We estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums We charged you for delivery. If We have offered to collect the Product from you, We will charge you the direct cost to Us of collection.
- Unfortunately, because We make Bespoke Products to your specific requirements, you are not entitled to cancel a Contract for Bespoke Products at any time after placing the order or of the Bespoke Product. The circumstances in which you are entitled to return Bespoke Products and are entitled to a refund is when the Bespoke Product is faulty in accordance with this clause 26.
- Because you are a consumer, We are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
27. Made-to-measure and Bespoke Products
We offer a made-to-measure service where We make certain Products (Bespoke Product) according to your design specifications and measurements. You may select the materials We use for the Bespoke Product, including exotic skins, precious metals and precious and semi precious stones (where applicable).
Please make sure you are completely content with your selections and the design and measurements of the Bespoke Product. Unfortunately, We cannot accept the return of Bespoke Products if the reason for the return is because you have changed your mind regarding the design specifications or measurements or if you are unhappy with the Bespoke Product provided it has been made in accordance with your specifications and measurements.
However, this will not affect your legal rights as a consumer in relation to Bespoke Products that are faulty or not as described. Advice about your legal rights is available from a solicitor, your local Citizen's Advice Bureau or Trading Standards office or an equivalent legal advice centre in your country.
Details of delivery options are contained on of Delivery and Returns page . Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 33 for Our responsibilities when this happens.
Delivery of an Order shall be completed when We deliver the Products to the address you gave Us and the Products will be your responsibility from that time.
You own the Products once We have received payment in full, including all applicable delivery charges.
If We miss the delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
- We have refused to deliver the Products; delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told Us before We accepted your order that delivery within the delivery deadline was essential.
If you do not wish to cancel your order straight away, or do not have the right to do so under clause 9 above, you can give Us a new deadline for delivery, which must be reasonable, and you can cancel your Order if We do not meet the new deadline.
If you do choose to cancel your Order for late delivery under clause 9 above, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to Us or allow Us to collect them, and We will pay the costs of this. After you cancel your Order We will refund any sums you have paid to Us for the cancelled Products and their delivery.
29. International delivery
We deliver to the countries listed on this page (International Delivery Destinations). However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products or Bespoke Products.
If you order Products or Bespoke Products from Our Website for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that We have no control over these charges and We cannot predict their amount.
You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
30. Price of products and delivery charges
The prices of the Products will be as quoted on Our Website at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see below for what happens if We discover an error in the price of Product(s) you ordered.
Prices for Our Products may change from time to time, but changes will not affect any order you have already placed.
The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, We will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to Our Delivery and Returns page .
Our Website contains a large number of Products. It is always possible that, despite Our reasonable efforts, some of the Products on Our Website may be incorrectly priced. If We discover an error in the price of the Products you have ordered We will contact you in writing to inform you of this error and We will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until We have your instructions. If We are unable to contact you using the contact details you provided during the order process, We will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, We do not have to provide the Products to you at the incorrect (lower) price.
31. How to pay
You can only pay for Products using a debit card or credit card. We accept the following cards:
Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until We dispatch your order.
32. Our warranty for the Products
For our MONILO Products we believe when used properly, MONILO shoes have a lifetime guarantee; however we give a manufacturer's guarantee were we provide a warranty that on delivery and for a period of 30 days from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 32 below:
The warranty in clause 32 above does not apply to any defect in the Products arising from:
- fair wear and tear;
- wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
- if you fail to operate or use the Products in accordance with the user instructions;
- any alteration or repair by you or by a third party who is not one of Our authorised repairers; or
- any specification provided by you.
If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
33. Our liability
If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of these Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time We entered into this contract.
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
34. Events outside Our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of Our obligations under a Contract:
- We will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contractwill be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
- You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at Our cost) any relevant Products you have already received and We will refund the price you have paid, including any delivery charges.
35. Communications between us
When We refer, in these Terms, to "in writing", this will include e-mail.
You may contact Us as described in clause 2.
36. Other important terms
We may transfer Our rights and obligations under a Contract to another organisation, but this will not affect your rights or Our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
You may only transfer your rights or your obligations under these Terms to another person if We agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of Our warranty in clause 32 to the recipient of the gift without needing to ask Our consent.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of Our warranty at clause 32, but We and you will not need their consent to cancel or make any changes to these Terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through Our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and We both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.