Please read these terms and conditions (“Terms”) carefully before you use the website sale.manoloblahnik.com/gb/ ("Sale Website") or place an order to purchase products from us (“MBIL Product(s)”). The Terms tell you who we are, how we make the Sale Website and MBIL Product(s) available, and other important information. They also contain legal obligations that apply to you when you use the Sale Website or place an order for MBIL Product(s).
The Sale Website is operated by Manolo Blahnik International Limited (“MBIL”). MBIL is a limited company incorporated and registered in England and Wales under company number 00971691 with VAT number 323304154 whose registered office is at 30 Welbeck Street, London, W1G 8ER, United Kingdom.
Where we refer to "you" or "your" we mean you, the person using the Sale Website or purchasing MBIL Product(s) via the Sale Website. Where we refer to “us”, “we” or “our” we mean MBIL.
If you do not accept these Terms, please do not use the Sale Website. By using the Sale Website and/or placing an order for MBIL Product(s) you agree to be bound by these Terms.
MBIL Product(s) available from the Sale Website will be supplied by MBIL from its available stock. Unless otherwise notified to you, MBIL will be responsible for supplying MBIL Product(s) purchased by you on the Sale Website. When you purchase MBIL Product(s) on the Sale Website you will enter into a Contract for sale between you and MBIL (“Contract”) which is governed by these Terms.
We may change these Terms from time to time by updating them on the Sale Website. These Terms were last updated on 15th November 2018 and apply to any orders submitted after that date.
ACCESS TO AND USE OF THE SALE WEBSITE
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device (“Device(s)”)) meets the necessary specifications to enable you to access and use the Sale Website and is compatible with the Sale Website.
We may, from time to time, restrict access to certain features, parts or content of the Sale Website, or the entire Sale Website, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms or if any details you provide for the purposes of registering as a user prove to be false.
You may only use the Sale Website for non-commercial purposes and in accordance with these Terms.
Subject to any restrictions in these Terms, you may retrieve and display content from the Sale Website on your Device(s), print and copy individual pages and store such pages in electronic form (including a copy of these Terms for your records).
ORDERING AND AVAILABILITY
Please note customers of the Sale Website are only permitted to purchase a maximum of 5 MBIL Products. We make every effort to show you images and descriptions for MBIL Product(s) which are accurate and realistic. The images of MBIL Product(s) are for illustrative purposes only. We cannot guarantee that a device's display of the colours accurately reflects the colour of the MBIL Product(s). Your MBIL Product(s) may vary slightly from those images. Sometimes we will need to make changes to our products to comply with laws and regulations, which may mean your MBIL Product(s) vary from the description.
MBIL Product(s) may be ordered by clicking on the items you wish to purchase and then following the prompts that appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order on the checkout page.
After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number (“Order Confirmation”). If there are any errors in the Order Confirmation information please notify us immediately.
Please note that this does not mean that your order for MBIL Product(s) has been accepted. Your order constitutes an offer to buy MBIL Product(s). All orders are subject to acceptance by MBIL. We are not obliged to accept your order and may decline to accept any order.
You acknowledge that by submitting the order you enter into an obligation to pay for the MBIL Product(s). Where your order is accepted, we will confirm such acceptance to you by sending you an email that confirms that the MBIL Product(s) have been despatched (“Despatch Confirmation”).
The Contract between you and MBIL will only be formed when we send you the Despatch Confirmation. After entering into the Contract, MBIL will supply you with MBIL Product(s) you have ordered.
The Contract will relate only to MBIL Product(s) whose despatch has been confirmed in the Despatch Confirmation. There will be no obligation to supply any other MBIL Product(s) which may have been part of your order until the despatch of such MBIL Product(s) has been confirmed in a Despatch Confirmation.
The Despatch Confirmation will include a tracking link so you can track your order. Our logistics provider will aim to deliver your order by the delivery date, unless there are exceptional circumstances. If, for any reason, we cannot make your delivery within 30 days of the Order Confirmation, we will contact you to discuss your options.
Your order will be delivered to the delivery address you specified when placing your order. You will be offered express delivery when placing your order.
If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable laws. Orders cannot be delivered to a PO Box or similar addresses.
MBIL Product(s) comprised within the same order cannot be split and delivered to different addresses.
Deliveries are made by couriers and take place on Monday to Friday (or other normal working week days in countries that do not follow a Western pattern of working week), excluding bank and public holidays, usually between 8.00 am and 6.30 pm. Saturday deliveries may be available in some geographic locations. It is not possible to specify a precise time at which a delivery will take place, and delivery time might vary depending on geographic location of your delivery address and the courier used. Please note that the courier will require deliveries to be signed for.
If you order MBIL Product(s) for international delivery, they may be opened and inspected by customs authorities and may be subject to import duties and taxes when the delivery reaches its destination.
You may be required to pay import duties and taxes. MBIL has no control over these charges and cannot predict the amount. We recommend that you contact your local customs office for further information before placing an order.
In the event that you return an item, the import duties will be refunded if they were originally included in the purchase price. If they were not included then you will be responsible for reclaiming duty directly from your local customs office.
If no one is available at the delivery address to take delivery the courier will leave a note about what to do to collect the package or re-arrange delivery. If you do not collect or re-arrange delivery we will contact you for further instructions and may charge you for additional storage or re-delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract.
Please also note that you must comply with all applicable laws and regulations of the country for which MBIL Product(s) are destined. We will not be liable for any breach by you of any such laws.
Once the MBIL Product(s) ordered have been delivered or collected (as the case may be) you are responsible for them. Ownership of MBIL Product(s) will pass to you on delivery or collection (as the case may be), provided full payment including any delivery charges, have been received. This means that any damage to the MBIL Product(s) arising after delivery or collection will be your responsibility. MBIL cannot be held accountable for MBIL Product(s) that are damaged after delivery or collection.
The Contract will come to an end when the MBIL Product(s) ordered have been paid for and delivered or collected (as the case may be). Your rights relating to cancellation and returns remain unaffected. Delivery will occur when we or the courier have delivered the MBIL Product(s) to the delivery address. Collection will occur when either you or someone on your behalf collects the MBIL Product(s) from us or the courier’s depot.
The price of MBIL Product(s) is as quoted on the Sale Website from time to time.
Prices include VAT but exclude delivery costs, which will be automatically added to the MBIL Product(s) price when you view the items in your shopping basket and have selected your chosen delivery method.
Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
The Sale Website contains a large number of MBIL Product(s) and it is always possible that, despite our best efforts, some of the MBIL Product(s) listed on the Sale Website may be incorrectly priced or not available. We will normally verify prices and availability as part of our despatch procedure so that, where the correct price is less than our stated price, we will charge you the lower amount. If an MBIL Product’s correct price is higher than the price stated on the Sale Website, we will either contact you for instructions before despatching the MBIL Product or reject your order and notify you of the rejection. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any MBIL Product(s) delivered to you.
Payment for all orders must be made by credit or debit card on the checkout page. We accept payment by most major credit and debit cards, including American Express, Visa, MasterCard.
You should be aware that online payment transactions are subject to validation checks by your card issuer. We are not responsible if your card issuer declines to authorise payment for any reason.
We carry out a standard pre-authorisation check on your payment card at the time you place an order, and MBIL Product(s) will not be despatched until payment for the full costs of the order has been authorised. Your card issuer may charge you an online handling fee or processing fee.
As a consumer we are under a legal duty to supply you with MBIL Product(s) that are in conformity with the Contract. It is our intention to provide beautiful products and ensure their longevity and durability. However as our products are hand-made, very occasionally they may contain small imperfections. We also understand that sometimes people change their mind after making a purchase and may wish to return an item. Returns, repairs and faults with MBIL Product(s) are dealt with under our Returns Policy, which is available here (“Returns Policy”).
If you are a consumer exercising your right to change your mind you must send the MBIL Product(s) which you have changed your mind about back to us within 14 days of telling us that you have changed your mind. If you do this, we will refund you the price you paid for the MBIL Product(s) including delivery costs for those consumers based within the European Union (for non-European Union consumers delivery costs will be excluded from the refund), by the method you used for payment. However, we may make deductions from the refund where we are permitted by law to, including to reflect any reduction in the value of the MBIL Product(s), if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the returned MBIL Product(s) and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. We will make these refunds due to you within 14 days from the day on which we receive the MBIL Product(s) back from you or you provide us proof that you have despatched the MBIL Product(s) back to us (e.g. courier tracking information).
OUR RIGHT TO CANCEL ACCESS TO SALE WEBSITE AND/OR END A CONTRACT
We may end a Contract, or cancel your log-on ID, if you breach these Terms.
We may end the Contract for MBIL Product(s) at any time by writing to you if you do not make any payment to us when it is due, or if you do not, within a reasonable time, allow us to deliver the MBIL Product(s) to you or collect them from us. We may also end the Contract if you fail to return MBIL Product(s) to us after you have changed your mind or they are returned damaged.
If we end the Contract in the situations set out above we will refund any money you have paid to us for MBIL Product(s), subject to you compensating us for any extra storage or delivery costs if you have failed to collect or take delivery, and for any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If you have changed your mind and you fail completely to return the MBIL Product(s), then we are permitted not to refund you.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in any content of the Sale Website (including text, graphics, software, databases, photographs and other images, videos, sound, trade marks and logos) (“Content”) are owned by MBIL, or our respective licensors.
Whilst we take every care to ensure we credit works accurately, please contact email@example.com should you have any concerns or queries regarding intellectual property or the use of images on this Sale Website.
The rights in the Sale Website and the Content are protected by international laws dealing with copyright and other intellectual property rights including relevant national law. All such rights are expressly reserved.
Nothing in these Terms gives you any right in respect of any intellectual property owned by MBIL, Mr Blahnik Rodriguez (“Mr Blahnik”) or our/their respective licensors.
You acknowledge that you do not acquire any ownership rights by downloading content from the Sale Website. In the event you print off, copy or store pages from the Sale Website (only as permitted by these Terms), you must ensure that any copyright, trade mark or other intellectual property rights notices contained in the original content are reproduced.
Mr Blahnik and MBIL associated companies are the registered owners of the trade marks “MANOLO”, “BLAHNIK” and/or “MANOLO BLAHNIK” registered in various countries throughout the world, MBIL is authorised to use and licence these trade marks.
The trade marks and trade names (including without limitation the name Manolo Blahnik (or any version thereof)) under which MBIL’s business is carried on (the “Trade Name”) are owned by Mr Blahnik and/or MBIL and its associated companies together with all logos, designs, symbols, emblems, insignia, fascia, slogans, copyrights, patents, know-how, information, drawings, plans and other identifying materials (whether or not registered or capable of registration) and all other proprietary rights or all vested contingent and future rights of copyright whatsoever owned or available to Mr Blahnik and/or MBIL and its associated companies adopted or designated now or at any time hereafter by Mr Blahnik and/or MBIL and its associated companies whether now known or in the future created to which Mr Blahnik and/or MBIL and its associated companies is now or may at any time after the date of these Terms be entitled by virtue of or pursuant to any of the laws in force in each and every part of the world for use in connection with the Sale Website and/or MBIL Product(s) and ancillary to the ownership of the trade marks and Trade Name and in respect of which MBIL is licensed for use in connection with the Sale Website (the “Proprietary Marks”).
WHAT YOU ARE NOT PERMITTED TO DO
Except to the extent expressly set out in these Terms to use the Sale Website as a consumer, you are not allowed to:
- 'scrape' content or store content from the Sale Website on a server or other storage device or create an electronic database by downloading and storing parts of the Sale Website (including but not limited to prices and product listings). In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any parts of the Sale Website;
- remove or change content from the Sale Website or attempt to circumvent security or interfere with the proper working of the Sale Website or servers on which it is hosted; or
- create links to the Sale Website from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Sale Website, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
- systematically extract and/or re-utilise parts of the Sale Website, the trade marks, the Trade Name, the Proprietary Marks or the Content.
You must only use the Sale Website and anything available from the Sale Website for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage Mr Blahnik’s or MBIL’s names or reputations or those of any of our affiliates or related companies or any officers or employees.
All rights granted to you under these Terms will terminate immediately in the event that you are in breach of any of them.
Breaching these provisions could constitute an offence under intellectual property laws, data protection laws, or under the UK Computer Misuse Act 1990. In compliance with any enforceable law or public order, we will report any such breach to the relevant authorities.
We may change the format and content of the Sale Website from time to time. You agree that your use of the Sale Website is on an 'as is' and 'as available' basis and at your risk.
We try to make sure that all information on the Sale Website (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Sale Website and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Sale Website or relying on any of its content.
We cannot and do not guarantee that any content of the Sale Website will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
The Sale Website may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators or promoters.
Under these Terms liability is between you and MBIL and you may not bring a claim against Mr Blahnik or any other group company, or any of our or their officers or employees arising out of any breach by us of these Terms or any Contract. Nothing in these Terms shall limit or exclude MBIL’s liability to you for:
- death or personal injury caused by our negligence;
- fraudulent misrepresentation;
- breach of any term implied by the UK Consumer Rights Act 2015 (where applicable) which may not be limited or excluded;
- Part I of the UK Consumer Protection Act 1987; or
- any other liability that, by law, may not be limited or excluded.
Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant MBIL Product(s) and is strictly limited to direct losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.
An event outside of our reasonable control means any act or event beyond our reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
If such an event takes place and it affects the performance of our obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our obligations to you will be suspended for the duration of the event. Where the event affects delivery of MBIL Product(s) to you, we will contact you to arrange a new delivery date after the event is over.
We are committed to offering our customers high quality products, we strive to ensure that our suppliers are operating ethically. MBIL expects all suppliers to consistently provide an environment which protects their employees' health and safety and basic human rights. All suppliers are expected to comply with national employment laws and regulations with particular regard to: minimum age of employment, freely chosen employment, health and safety, freedom of association and the right to collective bargaining, no discrimination, no harsh or inhumane treatment, working hours, rates of pay and terms of employment.
MBIL never knowingly allows sourcing from countries which are in breach of these principles.
MBIL looks to its suppliers to instil these principles when dealing with their own supplier base and supply chain.
It is not always possible to monitor and control the conditions of each individual involved in the production of MBIL Product(s). However, MBIL recognises the importance of being proactive and doing everything within its power to support the rights of those involved in the manufacture and supply of MBIL Product(s).
You may not transfer or assign any or all of your rights or obligations under these Terms or any Contract. We may transfer our rights and obligations under these Terms or any Contract to a third party.
All notices given by you to us must be given in writing to the address set out at the end of these Terms. We may give notice to you at either the email or postal address you provide to us when placing an order.
These Terms and any Contract are between you and us. Except for any member of our group, or Mr Blahnik, no other person shall have any rights to enforce them.
If you breach these Terms or a Contract and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to exercise and enforce our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by a director of MBIL), which does not mean that we automatically waive any other or subsequent breach by you.
Each of the sections and paragraphs of these Terms operates separately. If any provision of these Terms is found to be unlawful or unenforceable, all other provisions shall remain in full force and effect.
These Terms may not be varied except with our express written consent.
These Terms and any document expressly referred to in them represent the entire agreement between you and MBIL in relation to the subject matter of any Contract.
We are required by law to advise you that a Contract may be concluded in the English language only and that no public filing requirements apply.
These Terms shall be governed by English law, and all disputes or claims arising out of or in connection with these Terms or its subject matter or formation (including non-Contractual disputes or claims) will be governed by English law.
Any dispute (including non-Contractual disputes or claims) concerning these Terms shall, subject as provided below, be submitted to the exclusive jurisdiction of the English courts. Nothing in these Terms shall limit the MBIL’s right to bring proceedings against you in any court worldwide for injunctive relief and/or other remedies to the extent permitted by the law of such other jurisdiction.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use.
You can submit a complaint to the Retail Ombudsman via their website at http://www.theretailombudsman.org.uk/. The Retail Ombudsman will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that as of 15 February 2016 disputes may be submitted for online resolution to the http://ec.europa.eu/odr.
Please submit any queries or complaints to firstname.lastname@example.org or write to us at: Manolo Blahnik International Limited, 30 Welbeck Street, London, W1G 8ER. You can also call customer services on +44 (0)20 3793 6788.
You can choose to pay by credit card or debit card at the checkout. The Sale Website accepts Visa, Mastercard, Amex.
Some cards may require authorization from the issuing bank. The Sale Website takes security very seriously and makes every effort to keep your details safe.
SIZES AND AVAILABILITY
When you are viewing a pair of shoes, you can click on the size link on the product page. Simply cross-check these measurements with your own to ensure you are ordering the correct size. For a particular size or measurement query, please contact the customer services team who will be happy to assist you.
DELIVERY AND SHIPPING COST
Shipping costs will be calculated based on the size, weight and destination of your package. The exact shipping cost will be calculated before you place your order. Shipments are processed by our couriers. You will receive regular updates on your order and delivery status by email.
RETURNS and REFUND
Returns and issues with MBIL Product(s) are dealt with under our Returns Policy – available here - Returns Policy. The options available to you will depend on where and how you purchased the MBIL Product(s) and the issue. Please see our Returns Policy for more details.