These terms and conditions apply to your use of www.mulberry.com (the "Website") which we own and maintain. These terms and conditions should be read alongside, and are in addition to, our Privacy Policy which tells you how we use your personal information.
By using the Website you agree to these terms and conditions. If you do not agree to these terms and conditions, you must stop using the Website immediately.
We may update or amend these terms and conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.
Accessing the website
As part of using the Website you may set-up a Mulberry account using an e-mail address and password ("Account Details"). You are responsible for maintaining the confidentiality of your Account Details and are responsible for all activities that are carried out under them.
We do not have the means to check the identities of people using the Website and will not be responsible for losses suffered by you where your Account Details are used by someone else unless this is due to our negligence.
You agree to notify our Customer Care team immediately, if you become aware of or suspect any unauthorised use of your Account Details.
You confirm that:
(a) any information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times; and
(b) you will at all times comply with these terms and conditions.
You agree that in using the Website you will not:
(a) use the Website for any unlawful purpose or in a way which infringes the rights of anyone else or restricts or inhibit anyone else's use and enjoyment of the Website;
(b) use the Website in any way that interrupts, damages, impairs or renders the Website less efficient;
(c) impersonate any other person (living or dead), misrepresent your connection with a person or entity, or provide false or otherwise misleading information;
(d) transfer files that contain viruses, trojans or other harmful programs;
(e) authorise, encourage or assist any other person to, copy, modify, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any software (including source code), databases and other technology that forms part of the Website;
(f) penetrate or attempt to penetrate the Website's security measures; or
(g) email, publish or otherwise disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or that is otherwise inappropriate.
(h) You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms and conditions and that they comply with them.
We reserve the right to suspend, restrict or terminate your access to the Website at any time without notice if we have reasonable grounds to believe you have breached any of the above restrictions or any other provision of these terms and conditions. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
Intellectual property
Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights ("IPR") or the IPR of any third parties. We own or are licensed to use all IPR existing in, or in relation to, the Website and its contents. All rights and IPR in or relating to any third party content, branding, logos and registered and unregistered trade marks are owned by such third parties or their licensors.
You are permitted to download and print content from the Website solely for your personal use. Website content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any other reason without our express written permission. You are specifically not entitled to use the content of the Website for commercial exploitation in any circumstances.
Availability and content
We provide the Website on an 'as-is' basis and do not guarantee that the Website will be available or fault free and do not accept any liability for any errors or omissions. We may suspend or terminate the Website without notice at any time if we feel this is necessary (for example to perform upgrades or maintenance).
We provide the content on the Website in good faith but make no statement that any content is accurate complete or up-to-date, nor that the Website does not infringe the rights of any third party.
We accept no responsibility or liability for your reliance on the Website and any reliance is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs in the Website, we accept no liability for them.
Links
We may provide links to other websites as part of the Website. You acknowledge that:
(a) we do not control such third party websites and are not responsible for their contents;
(b) we will not be party to any transaction or contract with a third party that you may enter into via such websites;
(c) we shall not be liable to you in respect of any loss or damage which you may suffer by using those websites; and
(d) you agree that you will not involve us in any dispute between you and the third party.
You may not link to our Website or display the contents of our Website surrounded, framed or otherwise surrounded by material not origination from Mulberry without our prior written permission.
Uploading material to the website
Each time you make use of a feature that allows you to upload material to the Website, or to make contact with other users of the Website, you must comply in all respects with the content standards set out in the terms and conditions.
We will have the right to use, copy, distribute and disclose to third parties for any purpose any material which you upload to the Website.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
We have the right, without notice, to remove any material or posting which you make on our site if, in our opinion, such material does not comply with the content standards set out in these terms and conditions.
Content standards
These content standards apply to any and all material which you contribute to the Website ("Contributions"), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
(a) be accurate (where they state facts);
(b) be genuinely held (where they state opinions); and
(c) comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
(a) contain any material which is defamatory of any person;
(b) contain any material which is obscene, offensive, hateful or inflammatory;
(c) promote sexually explicit material;
(d) promote violence;
(e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(f) infringe any copyright, database right or trade mark of any other person;
(g) be likely to deceive any person;
(h) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(i) promote any illegal activity;
(j) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
(k) be likely to harass, upset, embarrass, alarm or annoy any other person;
(l) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(m) give the impression that they emanate from us, if this is not the case; or
(n) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Liability
We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.
You have certain rights under law. These include that we will provide the Website with reasonable skill and care. Nothing in these terms and conditions is intended to affect these legal rights.
If we breach these terms and conditions 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 these terms and conditions.
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 these Terms of Use; and/or
(c) failure to meet any of our obligations under these Terms of Use where such failure is due to events beyond our reasonable control.
Transactions concluded through our website
If you are a consumer, you may make purchases of products and services on this Website for personal, domestic and non-commercial purposes. Contracts for the supply of goods or services made using our Website are on our terms of sale.
Pre-Order
From time to time, we may invite you to register with us for an exclusive opportunity to place an order for goods from us prior to those goods becoming generally available from our Website or in-store.
Any registration with us does not constitute an order for goods. There is no obligation on you to place an order for goods and we will generally not ask for any payment or delivery details from you at this stage.
Where we specify a time period for registration, any registration received by us outside of this period will not be accepted. We will confirm your registration through our automatic screen confirmation of the pre-order and we may also follow this up with a confirmatory email. Please note that at this stage you have not placed an order for goods with us.
Where you have successfully registered with us, we may then contact you with details of how to place an order for goods with us. There is no obligation on us to sell goods to you, to make goods available to you for purchase or to accept any order for goods which you may place. Any order for goods that you place with us is subject to our Terms of Sale.
We will use the contact details that you provide to us on registration. We accept no responsibility for any errors contained in any pre-order which you register with us or for any correspondence from us which is not received by you.
By registering a pre-order on this Website, you confirm that you have read these terms and conditions and the Privacy Policy, and that you agree to them. You should keep a copy of these terms and conditions for future reference.
General
We may wish to transfer our rights or obligations or sub-contract our obligations under these terms and conditions to another other legal entity. You agree that we may do so provided that this will not adversely affect the standard of the service you receive under these terms and conditions.
In the case of transfer only, after we notify you of the date on which we will transfer our rights and obligations under these terms and conditions to another legal entity, your only rights under or in connection with these terms and conditions will be against the new legal entity and not against us.
These terms and conditions are personal to you. You may not transfer your rights or obligations under these terms and conditions to anyone else.
If you breach these terms and conditions 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 these terms and conditions. If any part of these terms and conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
These terms and conditions are not intended to give rights to anyone except you and us. This does not affect our right to transfer these terms and conditions.
We will do our best to resolve any disputes over these terms and conditions. If you wish to take court proceedings against us you must do so within the United Kingdom. The laws of England and Wales will apply.