These terms and conditions describe the basis for the purchase by you and sale by us of the goods described on www.mulberry.com (the Website) which we own and maintain.
Placing an order
Each order that you place is an offer to buy those goods and we shall accept that offer at our sole discretion, but orders are normally accepted if:
(a) the goods are available;
(b) the order reflects our current pricing;
(c) the goods are for delivery to a destination that we deliver to or are for collection in one of our stores; and
(d) your credit or account card is authorised for the transaction.
We will confirm receipt of your order through our automatic screen confirmation of the order and we may also follow this up with a confirmatory email. Please note that at this stage your order for goods may not have been accepted by us.
Formation of the contract
If we accept your order for goods, we will send you an email confirming that the goods have been shipped ("Shipping Confirmation").
The contract between us will only be formed when we send you the Shipping Confirmation (the "Contract"). These Terms of Sale, the Shipping Confirmation, the Returns Policy and any other information relating to the goods which we have brought to your attention are incorporated into the Contract.
The Contract will only relate to those goods which have been confirmed in the Shipping Confirmation and we will not be obliged to supply any other goods which you have ordered until we have sent you a separate Shipping Confirmation in respect of such goods.
The price of the goods and our delivery charges (where applicable) will be as set out on the Website from time to time and we are not responsible for honoring pricing errors.
All prices on the Website exclude any applicable sales taxes. These will be calculated according to the destination of where your order is being delivered to and are included in the total price displayed when you complete your order.
We reserve the right to amend our prices and delivery charges at any time, but such changes will not affect any order for which we have already sent you a Shipping Confirmation.
The Website sells a large number of goods, so it is possible that despite our commercially reasonable efforts, that some goods may be incorrectly priced. We will usually verify the price of any goods as part of our shipping process and if the price of the goods:
(a) is lower than the price stated on the Website, we will charge this lower amount to you when shipping the goods to you; or
(b) is higher than the price stated on the Website, we will at our discretion (and subject to applicable law) either contact you for instructions prior to shipping the goods or reject your order and notify you of such rejection by email.
We are under no obligation to provide goods to you at an incorrect price, even once we have sent a Shipping Confirmation to you.
We accept payment by credit card and debit card, as set out on the Website. Payment for the goods and related costs will be processed once we ship your order.
You confirm to us that you are authorised to use the payment method that you provide to us when placing your order. We may carry out security checking to confirm that this is the case.
If your payment method is not authorised, we may refuse to accept your order and we will not have any responsibility for the non-delivery of the goods.
We are also not responsible for any charges or penalties which may be imposed by the payment provider as result of payment being processed in respect of your order.
Shipping, Delivery and Collection
All delivery and collection dates and times on the Website are given only for general guidance. In most cases we are able to deliver the goods to you or for collection from your selected U.S. retail store within our estimated delivery times and, where we anticipate that this may be delayed, we will contact you to inform you of this delay.
We will fulfill your order by the date and time set out in the Shipping Confirmation or, if no date or time is specified, within a reasonable period from the date of the Shipping Confirmation, unless there are exceptional circumstances.
We will attempt to deliver the goods via a third party carrier to the address you specify for delivery, or if none, to the billing address of the credit or debit card you supply. It is important that these addresses supplied by you to us are accurate.
Where the goods are to be collected, we shall make the goods available for collection at your chosen store for a period of 10 days from the Shipping Confirmation. In order to collect the goods in store you will need to show your Shipping Confirmation and a form of personal identification.
We are unable to deliver goods to hotels. In most cases a signature will be required from you or the recipient on delivery.
If we are unable to deliver the goods to you or if the goods are not collected, then we will be entitled to cancel the Contract and, if payment has already been taken, refund the cost of the goods and shipping fees to you.
Goods supplied are not for resale.
We will be responsible for the goods until they have been provided to the carrier who is responsible for delivery or have been collected by you. The goods will be at your own risk from this time, but you will not own the goods until we have received full payment of all sums due in respect of the goods, including any delivery charges, and the goods have been delivered to you or have been collected by you.
In the unlikely event that a Mulberry product does not match up to our high standards, we will try our hardest to address the problem. Our leather bags, accessories and luggage carry a 12-month guarantee. If within this period you find fault with your product, we offer a repair or replacement service at no extra cost to you (except for shipping charges).
If, once you have received or collected the goods, you decide you would like to return them to us, you may do so in any of our U.S. retail stores or using our free returns shipping service as detailed in the Returns Policy.
As a condition of your purchase, you agree to keep the goods in your possession and to take reasonable care of them until you have returned the goods to us or we collect the goods from you as arranged according to the Returns Policy. See the Returns Policy for details about specific requirements for making a return.
If you have returned goods to us because they are faulty or not as described, we will refund any reasonable costs you incur in returning the item back to us together with the price you paid for the defective goods and delivery charges, as set out in the Refunds section below.
As a consumer, you will always have legal rights in relation to the goods that are faulty or not as described. These legal rights are not affected by these terms and conditions or our Returns Policy
Please contact our Customer Services team to arrange the return or repair of any goods that are faulty or not as described.
If you have returned goods to us because they are faulty or not as described, we will refund any reasonable costs you incur in returning the item to us, together with the price of defective goods in full and any applicable delivery charges, as set out in the Refunds section.
Where you have returned goods to us in accordance with the Returns Policy or as otherwise allowed under these Terms of Sale, you will receive a full refund of the price you paid for the goods, not including any delivery charges (except where you are returning goods that are faulty or not as described).
Refunds will normally show on your records within 72 hours of being processed, however, the speed of this processing is beyond Mulberry's control and unfortunately some card issuers may take up to 10 days to reallocate your funds.
If we breach the Contract, we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by you and us at the time of entering into the Contract.
We are not responsible for:
(a) losses not caused by our breach;
(b) indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into the Contract, for example loss of profits or loss of opportunity; and/or
(c) failure to provide the goods or to meet any of our obligations under the Contract where such failure is due to events beyond our control.
Our aggregate liability to you in connection with each Contract shall not exceed the value of the goods ordered by you under that Contract.
Nothing in these terms seeks to exclude or limit our liability for death or personal injury caused by our negligence, fraud or any other liability which cannot by law be validly excluded or limited.
If you breach the Contract and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Contract. If any part of the Contract is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under the Contract. Each Contract is personal to you and you may only transfer your rights or your obligations under a Contract to another person if we agree in writing. A Contract is not intended to give rights to anyone except you and us.
We will do our best to resolve any disputes over each Contract. If you wish to take legal actions against us, you must do so in accordance with the Disputes/Arbitration/Governing Law provision in our Terms and Conditions of Website Use.