Terms & Conditions
www.malonesouliers.com Terms and conditions
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.
You should print or save a copy of these Terms for future reference.
We amend these Terms from time to time so please read the Terms carefully before placing any orders on our Website. If you do not agree to any change to the Terms then you must immediately stop using the Website. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
If you are a business customer please send an email to firstname.lastname@example.org and someone will respond to your query.
These Terms, and any Contract between us, are only in the English language.
MALONE SOULIERS –INFORMATION ABOUT US
The Website is generated by Worldwide Shoes LLP. Worldwide Shoes LLP is a limited liability partnership registered in England and Wales under company number OC379290. Worldwide Shoes LLP is the trading name for Malone Souliers and our main trading address is Top Floor, 49 Albemarle Street, London W1S 4JR.
YOUR MALONE SOULIERS ACCOUNT
Before you purchase any of our Products or if you want to use some of the other services offered on our Website, you will need to create a Malone Souliers account. This is done by completing the registration form on our Website.
You are responsible for maintaining the confidentiality of your username and password so please ensure that you look after this information.
Should any of the information on your registration form change at any time, please notify us immediately by sending an email to email@example.com.
Contacting us. If you need to speak with someone please call us on +44(0)207 499 6777 or, alternatively, send an email to firstname.lastname@example.org.
We hope that the images of the Products give you a good indication of what they look like in our showroom. Please note however that images 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 or texture of the Products. Your Products may vary slightly from those images.
Although we make every effort to be as accurate as possible, because our Products are handmade, all sizes, dimensions and measurements indicated on our Website have a 2% tolerance.
ELIGIBILITY TO MAKE PURCHASES
By placing an order through our Website you warrant that:
you are legally capable of entering into binding contracts; and
you are at least 18 years old. (If you are under 18 years old, we may need the express consent from your parent or legal guardian.)
ORDERING THE PRODCTS
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 stage of the order process.
If you would like to use our made-to-measure service you will be able to do so remotely or you may visit us in our showroom at 49 Albemarle Street, London W1S 4JR, England. This is a bespoke service that we offer so please book an appointment and we’ll start measuring.
All orders are subject to acceptance by us, and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
Once you have made your selection and you have placed an order, you will receive an e-mail from us acknowledging that we have received your order. This does not mean that your order has been accepted – it is just a confirmation.
We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will be formed only when we send you the Dispatch Confirmation.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or we cannot meet your requested delivery date or that you do not meet the eligibility criteria delete extra space set out within the Terms. 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.
CANCELLATION AND RETURNS – YOUR RIGHTS AS A CONSUMER
If you are a consumer and you are based in the EU, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 provided you give us written notice within a specific period.
You have the right to cancel your order within 14 days without giving any reason.
The cancellation period will expire 14 days from the day after the day on which you acquire (or a carrier organised by you acquires) physical possession of the last of the Products ordered by you.
To exercise the right to cancel, you must inform us by letter to: Customer Care Team, Top Floor, 49 Albemarle Street, London W1S 4JR, England or by email to email@example.com. You may also use the cancellation form but it is not obligatory. If you use the form we will email you to confirm we have received your cancellation.
If you cancel your Contract we will issue you with a full refund (less any costs of return incurred by us) including the shipping cost paid by you for the initial delivery 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. We may make a deduction from the reimbursement for loss in value of any of the Products supplied, if the loss is the result of unnecessary handling by you (see clause REF _Ref407784229 \r \h \* MERGEFORMAT 5.11). Please make sure you look after the Products! 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.
We will make reimbursement without undue delay, and not later than:
14 days after the day we receive back from you any of the Products supplied; or
(if earlier) 14 days after the day you provide us with evidence that the Products have been returned; or
if no Products were supplied, 14 days after the day on which we are informed about your cancellation.
We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement.
In the event that we have sent Products to you and you have cancelled your order, we may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent the Products back, whichever is the earliest. If we do not receive the Products ordered under the cancelled order back, we may arrange to have them collected from you at your cost.
You must return cancelled orders to our showroom at 49 Albemarle Street, London W1S 4JR, England without undue delay and in any event not later than 14 days from day on which you communicate your cancellation of the contract to us. The deadline is met if you send the Products before the period of 14 days has expired.
You will have to bear the cost of returning the Products to us.
You are only liable for any diminished value of the Products resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning of the Products. Any shoes should be tried on a carpeted surface before wear.
Please note you may only use your right to cancel the order as set out above if you give us formal written notice of cancellation any time after your order has been placed, up until 14 calendar days from the day after you receive your order, by email or post as described above.
If you have returned the Products to us under this clause REF a984164 \r \h \* MERGEFORMAT 5 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 contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause REF “a345973” \h \w \* MERGEFORMAT 12 for our responsibilities when this happens.
Please make sure that someone is available at your address to take delivery.
Delivery of an order will be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collects them from 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 REF “a597490” \h \w \* MERGEFORMAT 6.5, 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 deliver under clause REF a597490 \r \h \* MERGEFORMAT 6.5 then, if the Products have already 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.
We deliver to most countries outside of the UK (International Delivery Destinations). However there are restrictions on some Products for certain International Delivery Destinations, and if there are restrictions imposed on imports of certain goods, then we may not be able to accept your order.
If you order 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.
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 clause REF _Ref407180431 \r \h \* MERGEFORMAT 8.5 for what happens if we discover an error in the price of Products 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.
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 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 we do not have to provide the Products to you at the incorrect (lower) price.
If you are a customer whose credit/debit card is not denominated in Sterling or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
HOW TO PAY
We accept Visa, MasterCard, American Express, Maestro and JCB cards, and any other methods which may be clearly advertised on the Website from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to ‘Log In’ and review the amount shown before clicking ‘Pay Now’. Once this transaction is complete, you will then return to our Website. Payment will be debited and cleared from your account upon dispatch of your order. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
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.
We provide a warranty that on delivery and for a period of six months from delivery, the Products will be free from material defects. However, this warranty does not apply in the circumstances described in clause REF a345973 \r \h \* MERGEFORMAT 12.
You have certain rights in relation to the Products under English law. These include:
that any Products you buy from us will be of satisfactory quality, fit for their intended purpose and will conform to any description given on the website (but see clause REF _Ref407785059 \r \h \* MERGEFORMAT 8.2);
certain remedies if a Product is defective; and
a right to cancel any order for a Product within 14 days as set out above (see clauses REF a984164 \r \h \* MERGEFORMAT 5 and REF _Ref407785086 \r \h \* MERGEFORMAT 6).
For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
OUR LIABILITY IF YOU ARE A CONSUMER
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 Products 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.
We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
defective products under the Consumer Protection Act 1987.
Our total liability to you under this contract will be the price of the Products.
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 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 difficulty of the use of railways, shipping, aircraft, motor transport or other means of public or private transport or change in law affecting the supply of the Products.
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 Contract will 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 in these circumstances please contact us in writing. 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.
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 REF a745787 \r \h \* MERGEFORMAT 10.1 to the recipient of the gift without needing to ask our consent.
This Contract is between you and us. No other person will 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 REF “a862517” \h \w \* MERGEFORMAT 10, but we and you will not need their consent to cancel or make any changes to these Terms.
Each of the clauses and 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.
Changes to Terms. We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the Terms in force at the time that you order the Products from us, unless any change to these Terms is required by law or government or regulatory authority – in which case they will apply to orders you have previously placed that we have not yet fulfilled. If the Products are ongoing, we will give you prior notice of any changes to these Terms and you can choose to cancel the order without penalty before the new Terms affect you.
If you are a consumer, 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 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.
MODEL CANCELLATION FORM
(Clause REF _Ref407785718 \r \h \* MERGEFORMAT 5.4 of the Terms)
(Complete and return this form only if you wish to withdraw from the contract)
To MALONE SOULIERS, TOP FLOOR, 49 ALBEMARLE STREET, LONDON W1S 4JR, ENGLAND ( HYPERLINK “mailto:firstname.lastname@example.org” email@example.com)
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]: ________________________________
Ordered on [*]/received on [*]:________________________________
Signature (only if this form is notified on paper): ________________________________
[*] Delete as appropriate
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