This page (together with the documents referred to on it) tells you the terms on which you may use www.passarella.co.uk ("the Website").
1. Information about us
The Website is a operated by MENOTTI LTD ("We", "Us", "Our"). We are registered in England and Wales under company number 08886681 and have our registered office at 320 City Road, London EC1V 2NZ. Our VAT number is 204000393.
2. Accessing the Website
You may access the Website but we reserve the right to withdraw or amend the service that we provide on the Website without notice. We may also suspend access to the Website or close it indefinitely at any time.
We will not be liable if for any reason the Website is unavailable at any time or for any period.
We may restrict access to the Website or some parts of it to users who have registered with us.
You must treat any password or user identification code that we provide to you as confidential and must not disclose it to anyone else. You will be liable and responsible for all acts and omissions performed under your password or username whether it is carried out by or on your behalf or not.
When using the Website, you must comply with the provisions of our acceptable use policy.
3. Intellectual property rights
We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it.
You must not use any part of the materials on the Website for commercial purposes without our prior written approval or that of our licensors. In particular, you may not copy images of any of the articles from the magazine, features or content areas.
4. Reliance on information posted
Commentary, feature articles and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the Website, or by anyone who may be informed of any of its contents.
The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy and any of the material on the Website may be out of date at any given time. We are under no obligation to update the Website or its contents at any time.
5. Our liability
We shall have no liability for any loss of profits, anticipated savings, business opportunity, goodwill or loss of or damage to (including corruption) data (in each case whether direct or indirect) or any other indirect or consequential losses whether arising in contract, tort (including negligence) or otherwise incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
Our maximum liability to you in connection with the Website and your use of it is limited to a £10 in aggregate provided that nothing in these terms shall limit or exclude any liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be properly excluded under English law.
6. Information about you and your visits to the Website
By using the Website, you consent to such processing and you warrant that all information provided by you is accurate.
7. Transactions concluded through the Website
Contracts for the supply of clothing, magazines and any other items formed through the Website or as a result of visits made by you are governed by our Website Trading Terms.
8. Linking to the Website
You may link to the Website's home page, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not link to the Website in any what which would suggest any form of association, approval or endorsement on our part where none exists.
The website from which you are linking must comply in all respects with the standards set out in our acceptable use policy.
We reserve the right to withdraw linking permission without notice.
9. Links from the Website
Where the Website contains links to websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
10. Jurisdiction and applicable law
12. Your concerns
If you have any concerns about any material which appears on the Website, please contact email@example.com.
Acceptable use policy
You must comply with this acceptable use policy when accessing the Website
You may use the Website for lawful purposes only.
You must not use the Website:
If your use breaches any applicable law or regulation whether local, national or international.
If your use is unlawful or fraudulent.
If your use harms, or could harm, minors in any way.
To send spam materials to other people.
To post any contributions which contain material which is defamatory, obscene, offensive, hateful, inflammatory, deceptive, is likely to harass, upset, embarrass or impersonate any person or which is sexually explicit, promotes violence or any form of discrimination on the basis of race, gender, religion, nationality, disability, sexual orientation, or age, or which infringes any third party intellectual property rights or other rights.
To knowingly introduce or transmit viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
You must not gain, or attempt to gain, unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack or do anything that could disable or impair the Website.
If you breach any provisions of the Computer Misuse Act 1990 you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
If you breach these terms contained in this Acceptable Use Policy, your right to use the Website will cease immediately.
Website trading terms
1. Information about us
We operate the website [www.passarella.co.uk]. We are Menotti Ltd, a company registered in England and Wales under company number 08886681 and with our registered office at 320 City Road, London EC1V 2NZ. Our VAT number is 204000393. References to "we", "us" and "our" in these terms and conditions mean Menotti Ltd.
2. Authority to purchase
2.1 If you are a consumer, you may only purchase Clothing, magazines or other Products through the Website if you are at least 18 years old.
2.2 If you are a business customer, by placing an order through the Website you confirm that you have authority to bind any business on behalf of whom you are purchasing clothing or other products via the Website.
3. Ordering Clothing via the Website
3.2 The Website will guide you through the steps that you need to take to place an order for products. You should check your order and amend any errors before submitting it. It is your responsibility to ensure that the information that you provide to us is correct. If we have to contact you for any reason we will do this via the email address you provide when registering.
3.3 You will receive an automated email following the submission of your order to acknowledge that we have received your order. However, this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.6.
3.4 We may reject any orders at our discretion and without explanation. Acceptance and fulfilment of orders will be subject to availability. You acknowledge and accept that there may be there may be limited availability of some products. We will not be liable to you if the product that you wish to order is unavailable for any reason.
3.5 If we accept your order we will confirm our acceptance by sending you a separate confirmation email ("Order Confirmation"). The Contract between us will only be formed when we send you the Order Confirmation.
3.6 If we are unable to supply you with the product that you have ordered for any reason we will inform by email and we will not process your order. If you have already paid for the product, we will refund you the full amount including any delivery costs charged as soon as reasonably possible.
3.8 If you have ordered more than one item we may deliver these to you separately.
4. The Products
4.1 The images of the Clothing and Other Products on the Website are for illustrative purposes only. Although we have tried to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Artwork and we are not liable for any such non-conformity.
4.2 You are purchasing the physical Clothing or Other Product(s) only and this does not give you any rights under copyright or related rights to designs, illustrations or other aspects relating to intellectual property.
5. Cancelling your order if you are a consumer
This clause 5 applies if you are a consumer but not if you are a business customer.
5.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 5.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep the Clothing and Other Products that you have ordered, you can notify us of your decision to cancel the Contract and receive a refund.
5.2 If you have ordered a single item or multiple items (such as Clothing and Other Products) which are delivered on the same day, your legal right to cancel a Contract starts on the date of the Order Confirmation and finishes at the end of 14 days after the day on which the item is delivered to you. If you have ordered multiple items which are delivered on separate days, your legal right to cancel a Contract starts on the date of the Order Confirmation and finishes at the end of 14 days after the day on which the last of the separate items is delivered and you can cancel the Contract for all or any one or more of the separate items at any time during this period.
5.3 If you wish to cancel the Contract within the time periods set out in clause 5.2 you must let us know by emailing us at firstname.lastname@example.org. If you are emailing us to cancel your Contract please include your order number, name, delivery address to help us identify you. If you email your cancellation it will be effective from the date you sent us the email to the address set out in this clause.
5.4 If you cancel your Contract we will (a) refund you the price you paid for the Clothing and Other Products. However, we are permitted by law to reduce your refund to reflect any reduction in the value of the Artwork, if this has been caused by your handling them in a way which would not be permitted in a shop; and (b) refund any delivery costs that you have paid. However, the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method that we offer (provided that this is a common and generally acceptable method).
5.5 If the Artwork has been delivered to you at the time of your cancellation, you must return the Artwork to us without undue delay to Battles of London, 154-158 Shoreditch High Street, London E1 6HU and we will then make the refund within 14 days after the earlier of the day on which we receive the Clothing and Other Products. If you have not received the Clothing and Other Products at the time of your cancellation, we will make the refund within 14 days after you inform us of your decision to cancel the Contract.
5.6 We will refund you on the credit card or debit card used by you to pay.
5.7 Unless the Clothing or other Products are damaged or not as described you will be responsible for the cost of returning the Clothing or other Products to us.
5.8 In addition to the other rights to cancel the Contract under this clause 5, you may also cancel the Contract and return the Clothing or other Products to us if it/they is/are faulty or not as described in which case you must return the Artwork to us promptly and we will refund the price of the Clothing or other Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us unless the fault or misdescription is as a result of anything listed in clause 10.1.
6. Availability and delivery
6.1 We will use reasonable commercial endeavours to ensure that your order is fulfilled within 30 days from the Order Confirmation or such other delivery date as stated in your Order Confirmation. Please be aware that if the Clothing or other Products are being delivered outside mainland England then delivery may take longer.
6.2 Delivery of an order will be completed when we deliver the Clothing or other Products to the address you specified for delivery with your order.
6.3 This clause 6.3 only applies if you are a consumer. If you are a consumer and we do not deliver your order by the agreed delivery date then you may cancel your order immediately by notifying us by email or telephone. Alternatively, you may give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline. If you do choose to cancel your order for late delivery under this clause, you can do so for all Clothing or other Products ordered or just one or more pieces. If the Clothing or other Products have been delivered to you, you must return the Clothing or other Products to us. We will pay the reasonable costs of returning the Clothing or other Products and we will then refund any sums you have paid to us for the cancelled items and their delivery within a reasonable period.
7. Risk and title
7.1 The Clothing and Other Products will be your responsibility from the time of delivery at the address provided by you when ordering. Our delivery costs include insurance up to the price paid by you for the Clothing and Other Products. If any damage or non-conformity is apparent when the order is delivered, please reject the order.
7.2 Ownership of the Clothing or other Products will only pass to you when we receive full payment of all sums due in respect of the Clothing or other Products, including any delivery charges.
8. Price and payment
8.1 The price of the Clothing and Other Products and our delivery charges will be as quoted on the Website, except in cases of obvious error.
8.2 Unless stated otherwise, prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT that you pay, unless you have already paid for the Clothing and Other Products in full before the change in VAT takes effect.
8.3 Prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
8.4 It is always possible that, despite our best efforts, some of the Clothing or other Products displayed on our online gallery or store may be incorrectly priced. We will normally verify prices as part of our dispatch procedures and where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If an Artwork's correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
8.5 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Clothing or other Products to you at the incorrect (lower) price.
8.6 We accept payment with most credit and debit cards.
8.7 Payment for the full price plus applicable delivery charges will be taken from your credit or debit card and cleared before we dispatch the Clothing or other Products to you. We, or carefully selected third parties on our behalf, will carry out checks and/or authorisations on with your card issues for security reasons and we may contact you if any problems arise.
9.1 We warrant that on delivery and for the period of 12 months the Clothing and other Products, if new, will be free from material defects in the materials used to create it. If previously owned, we warrant that we have stored it appropriately and that its condition is as described on the Website. However, these warranties shall not apply to any defect in the Clothing or other Products arising from (a) fair wear and tear; (b) wilful damage, abnormal storage display or working conditions, accident, negligence by you or by any third party; (c) any alteration or repair by you or by a third party; or (d) any specification provided by you.
9.2 The foregoing warranties do not affect your statutory rights as a consumer, if any. All other warranties, express or implied, are hereby excluded to the maximum extent permitted by applicable law.
10. Our liability
10.1 Subject to clause 10.3, our maximum aggregate liability to you under a Contract is a sum equal to the price paid by you for the Clothing and Other Products under the affected Contract.
10.2 We shall have no liability for any loss of profits or loss of appreciation in price, anticipated savings, business opportunity, goodwill or loss of or damage to (including corruption) of data (whether direct or indirect) or any indirect or consequential losses whether the arising in contract, tort (including negligence) or otherwise incurred by any user in connection with the Products or Website or in connection with the use, inability to use, or results of the use of the Products or Website, any websites linked to it and any materials posted on it.
10.3 Nothing in these terms and conditions shall limit or exclude any liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be properly excluded under English law.
11. Import duty
11.1 If you order clothing or other products from the Website for delivery outside the United Kingdom, it may be subject to import duties and taxes which are levied when the Clothing and Other Products reach the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
All notices given by you to us must be given to Battles of London Ltd via email@example.com. We may give notice to you at the email or postal address that you provide to us when placing an order and notice will be deemed received and properly served immediately after sending where sent by email (provided no automatic delivery failure notification is returned) or three days after the date of posting of any letter by first class pre-paid post.
13. Transfer of rights and obligations
13.1 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. Force Majeure
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by a Force Majeure Event.
14.2 A Force Majeure Event means acts, events, omissions or accidents beyond our reasonable control, including but not limited to acts of God, extreme adverse weather conditions or natural disaster, war, threat of or preparation for war, terrorist attack, riots, compliance with any law, regulation or directive, failure of machinery, computers or vehicles, any labour dispute, non-performance by suppliers or subcontractors and interruption or failure of utility or transport service.
15.1 A waiver of any right or remedy under this Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under this Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.
15.2 No single or partial exercise of any right or remedy provided under this Contract or by law shall preclude or restrict the further exercise of any such right or remedy.
If any court or competent authority decides that any provision of these Contracts is invalid, unlawful or unenforceable that provision shall be deemed deleted and the remaining provisions will continue in full force and effect.
17. Entire agreement
17.1 Your accepted order for clothing and other products, the Order Confirmation and these terms and conditions and any documents referred to herein constitute the entire agreement between the parties and supersede all previous drafts, arrangements, understandings or agreements between them, whether written or oral, relating to the subject matter of this agreement.
17.2 Each party acknowledges that, in entering into a Contract, it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in that Contract. Each party agrees that its only liability in respect of those representations and warranties that are set out in these terms and conditions (whether made innocently or negligently) shall be for breach of contract.
17.3 Nothing in this clause shall limit or exclude any liability for fraud.
18.1 We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless cancel the order in accordance clause 5 or 6).
19. Law and jurisdiction
This Contract is made in accordance with the laws of England and Wales and we each agree to the non exclusive jurisdiction of the Courts of England.
20. Third party rights
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.