Welcome to the Mandy Arora Website.
By continuing to use this Website, you are indicating that you accept these Terms & Conditions of Use.
If you do not agree to be bound by these Terms & Conditions of Use you should immediately stop using the Website.
Please note that any purchases you make on this Website will be governed by our Terms & Conditions for Buying Goods Online.
By using the website you are confirming that you are at least 18 years old, or, if you are under the age of 18, that you are accessing the website with the consent of your parent or guardian. We do not sell goods to children online, but we do sell children's goods for purchase by adults over the age of 18.
In these terms and conditions the following terms shall have the following meanings:
"Us, us, We, we"
Mandy Arora Limited (Company registration number 9750574 ). "Mandy Arora" is a trading name of Mandy Arora Limited.
"You, you, Your, your"
means the person using the website
All copyright, trademarks and other intellectual property rights in all materials or content contained in the Website are owned or licensed by us (unless otherwise specified) or are the property of third parties offering goods for sale or posting details through this Website.
Except as specifically authorised below, you may not do any of the following without obtaining our prior written consent:
Copy, reproduce, distribute, republish, download, display, post, transmit, commercially exploit or create derivative works of any part of the Website. This prohibition applies, but is not limited, to the text, graphics, animations, photographs, pictures, data, images, audio and video clips available from the Website; download, edit, reproduce or use any material and content contained within the Website for the purpose of advertising, promoting, endorsing or implying any connection with you or any third party; utilise any data mining, robots, or similar data gathering/extraction tools to extract (whether once or many times) for re-utilisation, any substantial parts of the Website; or create and/or publish your own database that features substantial parts of this Website (including without limitation prices and product listings). You may print or download any page(s) for your own personal and non-commercial use only. If you have any doubts about what you can do, please go to our Contact Us page to apply for permission to reproduce the Website or any part of it.
2) Use of the website
1. You shall not use the website in any way that will damage it or interrupt its provision. You shall not use the website to transmit or post any computer viruses.
2. We make every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any website accessible through it will not cause damage to your computer. It is your responsibility to provide adequate protection for your equipment which you use to access this website. We will not be liable to you or anyone else for any loss or damage which may be caused to any equipment arising as a result of your use of this website.
We will try to make sure that the website is always available. However, this will not always be possible, and we will not be liable if the website is unavailable for any reason.
You will not:
· use the Website (or any part of it) for any illegal purpose and agree to use it at all times in accordance with all relevant laws;
· upload or transmit through the Website (i) any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or (ii) any material, including without limitations, any comments which are defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
· use the Website in a manner which (i) may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired or (ii) violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
· create or publish a hypertext link to any part of the Website without our express written consent except that you may create a hypertext to the Website as long as the link does not portray us or our affiliates, or their products or services in a false, misleading, derogatory, or offensive matter. You may not use any of our logos or proprietary marks as part of the link without our express written consent (which consent we may withdraw at any time);
· frame or use framing techniques to enclose any part of the Website or any content accessible on it without our express written consent. You will not use any meta tags or any other hidden text using our (or our affiliates') names, logos, brands or marks without our express written consent. Any unauthorised use terminates the permission or license granted by us to use this Website in addition to our other rights; or
· attempt any unauthorised access to any part or component of the Website.
· You warrant that by accessing and using the Website you will not be in breach of any laws or regulations that apply to you.
We may monitor any activity and content associated with the Website. We will investigate any reported violation of these Terms & Conditions of Use or complaints relating to the Website and take any action that we believe is appropriate.
Our liability to you
While we make every effort to ensure our Website is as accurate, current, complete or error free as possible, unless we are at fault we are not liable for any inaccuracies or errors which are beyond our reasonable control. In particular, we cannot guarantee that colours in our images will be rendered correctly on different computer monitors. The product dimensions supplied are intended to give an approximate indication of the size of individual products. Products shown may not be actual size. If you have any doubts about the colour, size or any other specification of the goods you wish to order, we recommend you Contact Us prior to placing an order on the Website.
The Website is provided, on an "as is" and "as and when available" basis without any representation or endorsement and we make no warranties of any kind, whether express or implied, in relation to the Website or its content offered on the Website.
We cannot guarantee that the Website is free from computer viruses, and you should take your own precautions in this respect. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website. If a fault occurs in the service you should report it to firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can.
We will try to make sure that the Website is always available. However, this is not always possible and access to the Website may be suspended temporarily and without notice in the case of any system failure, maintenance or repair or for any other reasons outside our control, as well as for any breach by you of these Terms & Conditions of Use.
We will not be responsible to you or any third party for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any indirect or consequential loss in connection with your use of the Website.
These Terms & Conditions of Use are governed by the law of England and you and we agree to use the English courts if there is any dispute between us.
If any part of these Terms & Conditions of Use is found to be invalid by law, the rest of them remain valid and enforceable.
Prices quoted on the website are stated in UK Sterling, and are inclusive of VAT at the current standard rate. The following terms used on the website shall have the following meanings:
the current selling price in the "sale" section of the website
the current selling price on the website
the manufacturer's recommended retail price
the price that the product has been sold for a minimum of 28 days in the previous one to nine months.
5) Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
We do not have to accept your order, and in particular, we will not accept your order if:
· we do not have the goods in stock/the goods in stock appear to be damaged;
· your payment is not authorised;
· there is an error on our Website regarding the price or other details of the goods;
· We will be in contact with you as soon as practicable (by email or by phone) in each of the above circumstances to discuss your options. We reserve the right to refuse any order.
· you have cancelled your order in accordance with the instructions below
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Information for further information.
In order to contract with Mandy Arora you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Mandy Arora Ltd retains the right to refuse any request made by you. If your order has been accepted we will contact you by e-mail.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
Suspension or termination of the Website or services.
We reserve the right to suspend or terminate the Website or remove any of the services on it with immediate effect at any time, and without notice, for example if:
· there is a change in the law that limits our ability to provide the Website;
· an event beyond our control stops us providing the Website (eg: technical difficulties).
· Changes to Terms & Conditions of Use of this Website
· We reserve the right to change these Terms & Conditions of Use from time to time. If this happens, we will post the new Terms & Conditions of Use on the Website. It is your responsibility to ensure you regularly check these Terms & Conditions of Use to familiarise yourself with their terms and check any updates. If you do not wish to be governed by the revised Terms & Conditions of Use, please stop using the Website.
By submitting any content to us, you represent and warrant that:
· you are the sole author and owner of the intellectual property rights in that content or that you have permission from the owner and you have obtained the informed consent of any subjects of the images and that any subjects featured in any such images are at least 18 years of age at the time such material was created;
· all "moral rights" that you may have in such content has been voluntarily waived by you;
· all content that you post is accurate;
· you are at least 18 years old;
· You further agree and warrant that you shall not submit any content:
· that is known by you to be false, inaccurate or misleading;
· that infringes any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
· that violates any law, statutes, ordinates or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
· that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, of a sexual nature, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
· for which you were compensated or granted any consideration;
· that includes any information that references other websites, addresses, email addresses; contact information or phone numbers;
· that contains any computer viruses, worms or other potentially damaging computer programs or files.
· You agree to compensate and hold us (and our officers, directors, agents, subsidiaries, joint ventures, employees and third party service providers, including, but not limited to, Bizarre Voice, Inc) harmless from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorney's fees, arising out of a breach of your representations and warranties set out above or your violation of any law or the rights of a third party.
6) The Contract between you and us
· By completing and submitting an electronic order, you are making an offer to purchase goods which, if accepted by us, will result in a binding contract.
· Certain steps must be followed for a binding contract to be formed between us, which are described below. After you have placed your order:
· we will send you, as soon as possible, an email to acknowledge your order. It will confirm which goods you have ordered. This email is not an order acceptance from us and at this stage no contract is formed between us;
· We must receive payment in whole for the price of the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been received by sending an email to you at the email address you provide in your order form. This is not an Order Acceptance from Mandy Arora. Our acceptance of your order takes place on the dispatch to you of the products ordered unless we notify you that we do not accept your order, or you have cancelled your order in accordance with clause 3. Our acceptance of your order brings into existence a legally binding contract between us. Only adults (persons aged 18 and over) are entitled to enter into legally binding contracts and as a result are the only people entitled to transact through this site. Any other individuals who are unable to perform legally binding contracts are prohibited from ordering goods using this site. If you do not qualify do not use this site.
7). Pricing, Delivery and Discount Codes:
· 7.1 The prices payable for goods that you order are as set out in our website.
· 7.1.1 All of our prices are in UK Pounds. You will be billed in UK Pounds and if you purchase from outside the UK, currency fluctuations and credit card charges may make a difference to the amount billed on your credit card.
· 7.2 You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
· 7.3 Promotional discount codes: We may from time to time offer promotional discount codes (either directly or via third parties) which may apply in respect of any, or certain specified, purchases made though this Website. Such codes may only be applied to purchases of full-price items and cannot be used in conjunction with any other offer or discounts.
· 7.4 Please note that prices in all printed publications are correct at the time of publication and we reserve the right to amend these without prior notification.
8). Right for you to cancel your contract
· 8.1 Subject to 3.3 below, you may cancel your contract with us for the goods you order at any time up to the end of the fourteenth working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
· 8.2 To cancel your contract you must notify us by email at email@example.com or telephone us on 07852 723 556.
· 8.3 Your right to cancel your contract with us for the goods you have ordered is subject to:
a) You calling us within 14 days of receiving your goods.
b) The item(s) cannot be a Bespoke Special Order, which due to their unique nature, cannot be exchanged or returned under any circumstances.
· To return your item please follow the steps within the returns section.
· 8.4 Once you have notified us that you are cancelling your contract, any sum debited from your credit card will be credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you, unworn with unremoved tag. If you do not return the goods delivered to you, in the way detailed above, this could effect your return we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
9). Cancellation by us
· 9.1 We reserve the right to cancel the contract between you and us if:
· 9.1.1 we have insufficient stock to deliver the goods you have ordered;
· 9.1.2 we do not deliver to your area; or
· 9.1.3 one or more of the items you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
· 9.2 If we do cancel your contract we will notify you by email or by telephone, and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
10). Delivery of goods to you
· 10.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. It is your responsibility to ensure that the delivery address you give us is correct and accurate and that there is somebody to sign for and take delivery of the goods from the delivery service used.
· 10.2 All orders within the UK are delivered using Royal Mail Special Delivery or an alternative carrier during Royal Mail industrial action.
· 10.3 You will become the owner of the goods you have ordered when they have been dispatched to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
· 10.4 We make no promise that materials on our website are appropriate or available for use in locations outside the United Kingdom, and accessing the website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
· 10.5 If your order is returned to us because the courier or postal service could not complete the delivery to you for whatever reason, then you will be responsible for the repeat delivery costs. Please refer to the deliveries section for more information.
·11.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by email of the problem within 7 working days of the delivery of the goods in question.
· 11.2 If you do not receive goods ordered by you within 7 working days of the date on which you ordered them, we shall have no liability to you unless you notify us by email or telephone at our contact address of the problem within 14 days of the date on which you ordered the goods. If you notify us of a problem under this condition, our only obligation will be, at your option either:
· 11.2.1 to make good any shortage or non-delivery; or
· 11.2.2 to replace any goods that are damaged or defective; or
· 11.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
· 11.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify us of under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2.3 above.
· 11.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
· 11.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
· 11.6 We cannot be held responsible for any delays once the goods have left us and are in possession of the courier or Royal Mail.
· Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent by email to our contact address at firstname.lastname@example.org and all notices from us to you will be displayed on our website from time to time.
· If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
15). Third Party
· 15.1: Third Party Rights: Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
· 15.2 Third Party links: We may include hyperlinks on this Site to other websites or resources operated by parties other than Mandy Arora, including advertisers. Mandy Arora has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
16). Governing Law
· Each and every transaction carried out is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English Law. The terms of this charter (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction in relation thereto.
17). Entire Agreement
· 17.2 We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors.
18). Trade Marks
· Mandy Arora Ltd is the operator of www.mandyarora.com. All trademarks, product names and company names or logos sited herein are the property of their respective owners. No permission is given by us in respect of the use of any such brand names, photographs, product names or titles or copyrights and such use may constitute an infringement of the owners’ rights.
19). Events Beyond our Control
· We will not be in breach of this Agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to circumstances beyond its reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
20). Our rights
· We reserve the right to change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
21). Promotion Codes
· How To Redeem Promotion Codes: Unless advised that your offer will automatically be applied to your basket, you must enter the Promotion Code during the checkout process when placing your order online otherwise the discount will not be applied to your order.
· Promotion Codes are only valid on full price items and exclude sale item
· Only one code can be used per transaction.
· All offers are subject to stock availability and are subject to change at any time.
· Codes are non-transferrable and no cash alternative is available.
· Any promotion code offered on the website is valid only for use against a purchase made via the website, unless otherwise stated.
· If returning an item from an order purchased with a promotion code applied then the same discount will be applied to each item of your order that you return. Further, any free promotional gift given with an order must also be returned if you are returning the item(s) to which the gift related.
22). Faulty goods
· If you do receive faulty goods, please follow one of the procedures outlined on the Returns page
23). Returning goods
· Please refer to our Returns & Exchanges page for details of how and where to return goods.
· If you wish to return goods you have a duty to keep them in your possession and to take reasonable care of them until you return them. Please telephone us * if you would like to return your goods and we will send you pre-paid labels so that you can return them free of charge. Goods must be returned in their original condition, including immediate packaging, within the cooling off period.
· *Calls are charged at local rate and may be recorded. Our lines are open 9am-6pm Monday to Friday
· We accept refunds or exchanges of pierced items provided they are returned in their original (unopened) packaging. If you would like to return your pierced items please ensure the plastic bag containing your order remains sealed. If the items have been removed from the bag or if the bag has been tampered with, we cannot refund or exchange the item due to hygiene reasons.
· Our returns policy does not affect your statutory rights. For further information on your statutory rights look at www.consumerdirect.gov.uk.
· Personalised Item orders
· When you order a Personalised Item from our website, we will create a specific and potentially unique item designed around your own specific requirements.
· You may change your mind and notify us that you wish to cancel your order for Personalised Item at any time before you receive our email confirming despatch of your order for Personalised Items (see Ordering process and contract formation above).
· Once you have received our despatch confirmation email, a binding agreement will be formed and you will no longer have the ability to cancel your order. If however your item is faulty, not as described or does not match the specifications contained in your order, please refer to our Returns & exchanges section.
Pricing and availability
Whilst we try to ensure that all details, descriptions and prices which appear on our website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
24). Extent of Liability
1. We are providing this site on an 'as is' basis and make no representation or warranty of any kind with respect to this site or its contents including information posted by third parties and disclaim all such representations and warranties. In addition, we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published in this site.
2. The selling price, recommended retail price, availability and specification of the goods as stated on the website are subject to change without notice.
3. All photographs and descriptions appearing on the website are for illustration purposes only. We do not guarantee that colours in our images will be rendered correctly on different computer monitors. The product dimensions supplied are intended to give an approximate indication of the size of individual products.
4. The information contained in this site may contain technical inaccuracies or typographical errors. Our liability howsoever it arises for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
5. Neither we nor any of our directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this website. This is a comprehensive limitation of liability that applies to all damages or any kind, including (without limitation) compensatory, direct, indirect or consequential damage, loss of data, income or profit, loss of or damage to property and claims of third parties.
6. Notwithstanding clause 3.4, none of the exclusions and limitations in such clause are intended to limit any rights you may have as a consumer or other statutory rights which may not be excluded in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
25) Governing Law and Jurisdiction
1. These terms and conditions of use are governed by English law and you and we agree to the exclusive jurisdiction of the High Court of England and Wales if there is any dispute between us. If you access the website from locations outside of England and Wales you are responsible for complying with any laws applicable to that territory.
2. If any part of these terms and conditions of use is found to be invalid by law, the rest of them shall remain valid and enforceable.
26) Company Information
Registered Office: Mandy Arora Limited, 18 Hatton Garden, London EC1N 8AT
Registered in England and Wales number: 9750574