Terms &
Conditions

 
 

Updated - 13/05/2018

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE

This document is a legally binding agreement between you and Mary Benson World Limited. This agreement constitutes terms of use (together with the documents referred to in it, including our Privacy Policy here: [https://www.marybensonworld.com/privacy-policy] which govern the terms on which you may make use of our www.marybensonworld.com (the “Website”).

Please read these terms of use carefully before you use our website.  We recommend that you keep a copy of these terms of use for future reference.

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 orders@marybensonworld.com

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.

Ensure that others are aware of these terms. You are responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that those individuals comply with such terms.

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.

(h) If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

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 orders@marybensonworld.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

Termination. We reserve the right to terminate this agreement, and/or the right to terminate or suspend your access to the Website or disable your account, at any time if in our reasonable opinion your use of the Website breaches any of our terms and conditions, which can include a breach of these terms and conditions of use, a breach of our privacy policy [https://www.marybensonworld.com/privacy-policy] or a breach of our terms and conditions of sale [LINK].

Privacy. We are required to keep your personal data safe and secure, and to control and process it in accordance with the Data Protection Act 1998 (the “Act”) and the General Data Protection Regulation (Regulation (EU) 2016/679) (the “Regulation”). Full details of our obligations and your rights can be found in our data protection and privacy policy here: [https://www.marybensonworld.com/privacy-policy].

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 pr@marybensonworld.com 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.

9. INDEMNITY

You agree to indemnify and hold us, our officers, directors, employees, licensors and other connected persons harmless from any claim, proceedings or demand made by a third party due to, or arising as a result of, a violation by you of our terms and conditions (including our privacy policy [https://www.marybensonworld.com/privacy-policy] and terms and conditions of sale [LINK]), or any applicable laws, regulations or third party rights.

10. WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.