Terms and conditions
LAST UPDATED: December 22, 2019 (Effective January 1, 2020)
The previous version of this policy can be viewed HERE.
This is dummy text. Please read these terms and conditions (“Terms”) carefully before you use the website manoloblahnik.com (“Website”) or place an order to purchase products from us (“MBIL Product(s)”). The Terms tell you who we are, how we make the Website and MBIL Product(s) available, and other important information. They also contain legal obligations that apply to you when you use the Website or place an order for MBIL Product(s).
The 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 Website or purchasing MBIL Product(s) via the Website. Where we refer to “us”, “we” or “our” we mean MBIL.
If you do not accept these Terms, please do not use the Website. Thank you. By using the Website and/or placing an order for MBIL Product(s) you agree to be bound by these Terms.
MBIL Product(s) available from the 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 Website. When you purchase MBIL Product(s) on the 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 Website. These Terms were last updated on 05th November 2018 and apply to any orders submitted after that date.
Access to and use of the website
This is dummy text. 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 Website and is compatible with the Website.
We may, from time to time, restrict access to certain features, parts or content of the Website, or the entire 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 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 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
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. Depending on your location and the delivery address, you will be offered express and standard delivery options 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.
Risk and ownership
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.
Price and payment
The price of MBIL Product(s) is as quoted on the 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 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 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 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, JCB.
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 or exchange an item. Returns, repairs, exchanges 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, 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. The maximum refund for delivery costs when you exercise your right to change your mind will be the costs of delivery by the least expensive delivery method we offer, even if you paid for a more expensive one. 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 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.
What you are not permitted to do
Except to the extent expressly set out in these Terms to use the Website as a consumer, you are not allowed to:
‘scrape’ content or store content from the Website on a server or other storage device or create an electronic database by downloading and storing parts of the 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 Website;
remove or change content from the Website or attempt to circumvent security or interfere with the proper working of the Website or servers on which it is hosted; or
create links to the 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 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 Website, the trade marks, the Trade Name, the Proprietary Marks or the Content.
You must only use the Website and anything available from the 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.
Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE RENT THE RUNWAY PARTIES (AS DEFINED BELOW) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE PRODUCTS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) U.S. DOLLARS OR (II) THE AMOUNTS PAID BY YOU TO RENT THE RUNWAY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12)-MONTH PERIOD PRECEDING THE FIRST EVENT GIVING RISE TO A CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RENT THE RUNWAY PARTIES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES AND THE RENT THE RUNWAY PARTIES SHALL NOT BE LIABLE FOR ANY INTERRUPTIONS OR ERRORS RELATED THERETO.
Disclaimer of warranties
Neither name of company nor its licensors, suppliers, partners, parent, subsidiaries, or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns (Rent the Runway and all such parties together, the “Rent the Runway Parties”) make any representations or warranties concerning the Services, including without limitation regarding any content contained in or accessed through the Services or any Products, and the Rent the Runway Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages, or liabilities arising out of or in any way related to your participation in or use of the Services. We make no warranty that the Products or Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Products, or Services, or that defects in the Products or Services will be corrected. The Services may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material in any way related to the Services and/or our Content. No advice or information, whether oral or written, obtained by you from us through the Services or otherwise will create any warranty, representation, or guarantee not expressly stated in these Terms.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, PRODUCTS, CONTENT, AND ANY THIRD PARTY MATERIALS ARE PROVIDED BY RENT THE RUNWAY (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS, AND RENT THE RUNWAY HEREBY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.