TERMS AND CONDITIONS
1. AGREEMENT TO TERMS AND CONDITIONS
1.1. Acceptance of Terms and Conditions
1.1.1 The Website
www.mansome.co is owned and operated by Mansome Limited, trading as ‘Mansome’. References to “we”, “us”, “our” or “the website” are references to Mansome Limited. We are a company registered in England and Wales (company number 09849939) and our address for correspondence is:
Mansome Ltd, 2 Eliot Court, 1 Furlong Avenue, Mitcham CR4 3GF
Your use of this website is at all times subject to these Terms and Conditions as applicable to your use of the website and all applicable laws. By accessing our website, you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit our website immediately.
1.2. Changes to Terms and Conditions
1.2.1.We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the Mansome Limited website after changes are made, means that you agree to be bound by such changes.
1.3. Membership and Billing
1.3.1.You can find the specific details regarding your subscription and purchases with Mansome by clicking on the “Login” section of the website
2. WEBSITE USE OF TERMS AND CONDITIONS
2.1.You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
2.2.You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.
2.3.You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. in order to provide you with an easy-to-use service, Mansome may place a ‘cookie’ (a small text file) on any computer you use to access the website. When you revisit the website, this cookie will enable us to recognise you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.
2.4.You may not use spiders, robots, data mining techniques or other automated services or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further you may not use any such automated means to manipulate the Site such as automating what are otherwise manual or one-off procedures. You may not take any actions to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another website. You may not resell use of, or access to, the Site to any third party without prior written consent of Mansome Limited.
2.5.You may use the Site only for our own non commercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site. You may not otherwise copy, modify or distribute the consent of this Site without the prior written consent of Mansome Limited. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works, from, or in any way exploit any of the content found on the site, in whole or in part.
2.4.We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
- Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity.
- Posting any information which is untrue, inaccurate or not your own.
- Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation.
- Attempting to interfere in any way with the Site or Mansome’s network security or attempting to use the Site to gain unauthorized access to any other computer system
- Using the Site to drop ship merchandise to third party
You agree not to impersonate any other person while using this web Site, conduct yourself in an offensive manner while using our web Site or use the web Site in an illegal, immoral or harmful purpose.
3.1.1.This website and its content is copyright of Mansome Limited. All rights reserved.
3.2.1.All trademarks, logos, images, product and company names displayed or referred to on this website are the property of their respective owners. Nothing on this website grants you any license or right ti use, alter or remove such material.
3.3. User Material
3.3.1.In these Terms and Conditions, we use the term ‘User Material’ to refer to any material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. It does not include the account information you provide when you register as a member or when you subsequently change that information.
3.3.2.This section of our Terms and Conditions sets out the rights and obligations that you and we have in connection with user User Material. If you review or submit User Material you are agreeing to do so on these Terms and Conditions. if you do not want to review or submit user Material on these terms, then you should not do so.
3.3.3.We do not systematically review user Material submitted by users of this website. We are not responsible for the content of User Material. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law.
3.3.4.We reserve the right, in our sole discretion to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of this website, particularly where User Material breaches this section of the terms and Conditions and we may do this with or without giving any prior notice.
3.3.5.We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant to Mansome Limited a non-exclusive, royalty-free, sub licensable, transferable and worldwide license to use, reproduce, modify, prepare derivative works of, display and perform that User Material in any media (including, but not limited to, our website and those websites which we operate by way of a ‘white label’ or ‘co-branded’ service for third parties).
3.3.6.We may link User Material or parts of User Material to other material, including material submitted by other users of the website or created by Mansome Limited or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories and to use those in the website or to promote, market or advertise Mansome Limited.
3.3.7.Each time you submit User Material to us, you represent and warrant to us as follows: (a) you own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (including copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract; (b) your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive; does not encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law; and is not otherwise inappropriate; © your User Material does not advertise any product or service or solicit any business; (d) your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and (e) in submitting your User Material, you are not impersonating any other person.
3.3.8.Links to other websites - from time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales. Once you have used these links to leave our site we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by our privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
4. JOINING US
4.1.We may refuse any application to join the subscription service Mansome Limited or receive our services for any reason whatsoever.
5. REGISTRATION AND PASSWORD
5.1.In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes or passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords.
5.2.You are responsible for maintaining the confidentiality of your account and password and restricting access to your computer.
6. ADDITIONAL TERMS AND CONDITIONS
6.1.You agree that additional terms and conditions may apply to specific products, orders or use of certain portions of the Site, including with respect to ordering, shipping and return policies, review guidelines and membership reward program (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
7. SITE FOR MINORS
8. FRAUD PROTECTION
9. AVAILABILITY ON THE WEBSITE
9.1.Also we aim to offer you the best service possible, we make no promise that our website services will meet your requirements and we cannot guarantee that the service will be fault free. if a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
9.2.Your access to Mansome Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellations deadlines apply; please notify us of changes to your order via email.
10. PURCHASE OF PRODUCTS
10.1.The facility and our communications to you in relation to any order will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections. you are given the opportunity to review the delivery date of your subscription by responding to the emails we send you prior to delivery.
10.2.Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in these Terms and Conditions.
10.3.No order is accepted from you until our website displays an order confirmation message and you receive an email confirmation.
11.1.If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to Mansome Limited the right to to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. verification of information may be required prior to the acknowledgement or completion on any Transaction.
11.2.All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time with or without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Mansome Limited reserves the right, with or without prior notice, to do any one or more of the following: (a) limit the available quantity of or discontinue any product or service; (b) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; © bar any user from making or completing any or all Transaction(s); and (d) refuse to provide any user with any product or service.
11.3.You agree that by placing an order on the Site, you are entering into a binding contract with Mansome Limited and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
12.1.You will be charged on the business day before a product is shipped.
12.2.If your payment details change, your card provider may provide us with updated card details. We may use these new details for your future product deliveries in order to help prevent any interruption to the service.
13. THE SUBSCRIPTION CONTRACT BETWEEN YOU AND US
Mansome offers various subscription types: including rebillable monthly subscription (“Monthly Subscriptions”); and prepaid gift subscriptions (“Gift Subscriptions”).
AUTOMATIC RENEWAL TERMS
13.1.With respect of Mansome subscriptions subject to automatic renewal, you agree that Mansome may submit periodic charges (e.g: monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before Mansome reasonably could act.
13.2.By purchasing a Monthly Subscription, you agree and acknowledge that your subscription has an initial and recurring payment at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Mansome after the expiration date of your payment card.
AUTOMATIC MONTHLY RENEWAL TERMS
13.3.Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Monthly Subscription renewal.
CANCELLATION POLICY FOR MONTHLY SUBSCRIPTION RENEWALS
13.4.To cancel your Monthly Subscription at any time, you may send us an email to firstname.lastname@example.org and one of our Personal Assistant will do it for you. If you cancel you may use your subscription until the end of your then-current subscription term.
BETA AUTO-DELIVERY PROGRAM
13.5.By agreeing to participate in the Auto-Delivery Program to replenish your grooming supplies, you agree and acknowledge that your participation in the program has an initial and recurring payment charge at the frequency chosen when you signed up (the only frequency available at the moment is the monthly one) in the amount of the then-current retail price of your selected product displayed on the Site and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Mansome after the expiration date of your payment card. The price being charged will always be the price of your latest order given you can modify your Monthly Mansome Package at anytime before your package is being shipped.
AUTOMATIC DELIVERY TERMS
13.6.The product you selected for auto replenishment will be automatically sent to you at the frequency selected by you (every 1 month) and your payment method will automatically be charged on the same day of the following month (e.g: If you place your first order on the 10th September, you will be charge on this date and then on the 10th of every following month) in which delivery is to occur in the amount of the then-current retail price for the product on the Site until you cancel your Automatic Delivery option.
CANCELLATION POLICY FOR AUTOMATIC DELIVERY OPTION
13.7.To cancel your Automatic Delivery at any time, you may send a message to email@example.com or schedule a call with one of our Personal Assistant who can help you cancel.
The Automatic Delivery Program is a Beta test program (“Beta Program”). Mansome reserves the right to change or discontinue this Beta Program. We may make these changes at any time, with or without notice. Your continued participation in the Beta Program will constitute your acceptance of the these Terms and Conditions, policies and service offerings. You also agree that Mansome will own and have the sole right to use any ideas, understandings, and concepts derived from your evaluation of the Beta Program or any other suggestions or information you disclose, without restriction and without compensating you in any way.
14. PRODUCT INFORMATION; LIMITATION ON QUANTITIES
14.1.Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.
15. DELIVERY AND RETURN OF PRODUCTS
15.1.By default, we use DHL second class postage to deliver products to you. Mansome reserves itself the right to change the shipper carrier at any time and change the delivery prices that the customer will need to pay at the checkout, with or without prior notice. Proof of delivery will not be necessarily obtained. Actual delivery times may vary for you depending on:
- Our stock availability
- Your delivery address
- When you make your selection
- Circumstances impacting delivery by the chosen carrier
As mentioned above, we reserve the right to use alternative delivery method with or without prior notification.
15.2.We will not hold us responsible for any delays, outside our control, which relate to the delivery of boxes.
15.3.It is the customer’s responsibility to report all lost products within 7 days by contacting us. Customers are obliged to comply with either DHL’s claim compensation process or Mansome process. Failure to comply with these processes, as amended from time to time will not result in a refund.
15.4.If you change address, you must update your address details in your “Log In” section of Mansome website by connecting to your account with your protected password. This is to ensure that no products are sent out to the wrong address. Please ensure this is done in time to take effect before you move as you will be liable for any products posted to the wrong location.
15.5.We reserve the right to cancel your subscription membership if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.
15.6.If you are dissatisfied with any product you receive from us, please contact our customer services team within 7 days of delivery. We retain the right to request a return of any faulty goods by DHL delivery and the product will be inspected. If the fault is agreed, a full refund will be given for the returned goods but not for the postage cost. We will consider refunds for any products returned to us within 14 days of being notified of your concern. We reserve the right to refuse a refund of any product. Returns received after 14 days following your notification to us of a possible fault may not be eligible for a refund, at our sole discretion.
16. PROPRIETARY RIGHTS
16.1.You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software or other element available in the Site are the property of Mansome or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. Mansome and the Mansome logo are registered trademarks. All other trademarks are the property of their respective owners. All of our Site content is Copyrighted by Mansome. All rights reserved. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Mansome.
18. PROMOTION CODES
18.1.Any promotion code or offer provided on this site cannot be used in conjunction with any other promotion, past or present.
18.2.Each promotion code or offer may be used only once per customer. if more than one customer is registered at the same delivery address, our promotion code may only be used by one customer registered at that address.
18.3.Mansome reserves the right to withdraw or terminate any of its promotion codes and offers at any time with or without prior notice. If this happens, then the promotion codes or offers may not be used for any orders placed after the date of withdrawal or termination. Mansome reserves the right to reject the use of a promotion code or offer where fraud is suspected.
19. CONTRIBUTED CONTENT GUIDELINES
Mansome values your engagement. When contributing content, please consider the following guidelines:
19.1.By submitting or posting any materials or content on the Site, you grant Mansome a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to text, images, music, or video) to which you do not have the full right to grant Mansome the license specified above. You further represent, warrant and covenant that any material you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Mansome will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
19.2.All contributed content is subject to the terms set forth below and in our standard Terms and Conditions, which include our policy regarding copyright infringement.
19.3.We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Use obscenities, discriminatory language, or other language not suitable for a public forum;
- Post advertisements, “spam” content , or references to other products, offers, or websites;
- Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
- Post unduly critical or spiteful comments of other content posted on the page or its author;
- Post files or content that contain viruses , corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
In addition if you wish to share any feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Instead contact us directly via firstname.lastname@example.org
20. GENERAL DISCLAIMERS
You assume all responsibility and risk with respect to your use of the Site. THE SITE AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, MANSOME DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Mansome makes no warranties of any kind regarding any non-Mansome sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for convenience and Mansome makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Mansome sites. Mansome does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
MANSOME DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGRÉDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SIDE IS ACCURATE OR COMPLETE SINCE THE INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCT LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.
21. DISCLAIMER - NO PROFESSIONAL ADVICE
Any information provided by us regarding the products or otherwise (ie: product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
22. DISCLAIMER OF WARRANTIES
22.1.Nothing in this clause (18) or otherwise in these Terms and Conditions shall exclude or in any way limit Mansome liability for:
22.1.2.Death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977).
22.1.3.Where you are a consumer, for negligence, breach of contract or breach of statutory duty in respect of defective products sold through the website
22.1.4.Liability to the extent the same may not be excluded or limited as matter of law
Nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
22.2.This website and its content are provided “as is” and on an “as available” basis and we make no representations of warranties of any kind with respect to it. We assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays, or interruptions in the shipment of boxes, delivery or downloading if any content contained on the website, any costs, losses, expenses or damages arising from the use of the content provided on the website or any conduct by users of the website. We reserve the right to deliver boxes of content at our sole discretion.
22.3.Subject to clause 18.1, in no event shall we, our shareholders, directors, officers or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. if any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
22.4.Subject to clauses 18.1, 18.2 and 18.3, our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the website, website content on our services shall not exceed in aggregate the greater of £1 and/or the total amount paid by you to us in respect of Mansome Limited services in the month preceding any such claim but, if you are a consumer, please note that this does not affect your statutory rights.
23. APPLICABLE LAW
23.1.This website is controlled by Mansome Limited. Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the English courts.
24. ASSIGNMENT BY US
24.1.You agree that we may assign any of our rights and/or transfer, subcontract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other party.
25. MEMBERSHIP ARE NON-TRANSFERABLE
25.1.Mansome Limited memberships are not transferable and therefore cannot be sold or traded.
26. NO WAIVER
26.1.If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
27. FORCE MAJEUR
27.1.We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
28. THIRD PARTY RIGHTS
28.1.Subject to clause 18.1 and excluding provisions of the clause 3.1.2 which confers a benefit upon Third Party Licensor’s as applicable, which you hereby acknowledge and agree shall be directly enforceable by such third parties, nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
28.2.In accordance with clause 1.2.1, we may rescind, waive, assign, release or vary any or all of the provisions in this Agreement in any way without consent of any third party.
29. INDEMNITY BY YOU
30. LIMITATION OF LIABILITY
30.1.EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF MANSOME, IN NO EVENT SHALL MANSOME, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE). EVEN IF MANSOME HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF MANSOME, IN NO EVENT SHALL THE TOTAL LIABILITY OF MANSOME, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EXCEED THE AMOUNT YOU PAID TO MANSOME IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.
31. INTERNATIONAL USE
31.1.We control and operate the Site from Germany and our servers are located in the United Kingdom. We make no representation that materials on the Site are appropriate or available for use outside of the United Kingdom. If you choose to access this Site from outside of the United Kingdom, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
32. RISK OF LOSS
32.1.Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery carrier.
33. COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES
33.1.Mansome specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Mansome will process of alleged infringement that it receives and will take appropriate action as required by the Copyright, Designs and Patents Act 1988.
33.2.Please contact us with any questions or concerns in connection with those Terms and Conditions or the Site or to provide any notice under these Terms.
34. WAIVER; REMEDIES
34.1.The failure of Mansome to partially or fully exercise any rights or the waiver of Mansome if any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Mansome or be deemed a waiver by Mansome of any subsequent breach by you of the same or any of these Terms. The rights and remedies of Mansome under these Terms and any other applicable agreement between you and Mansome shall be cumulative, and the exercise of any such right shall not limit Mansome’s right to exercise any other right or remedy.
35. WEBSITE DISCLAIMER
35.1.The information contained in this website is for general information purposes only. The information is provided by Mansome Limited and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
35.2.This website and its content are copyright of Mansome Limited
35.3.This version last updated on the 6th September 2016