Terms & Conditions
Terms and Conditions
Welcome to the Monet website terms and conditions for use. The Monet website is owned and operated by Monet Kidswear Limited. Throughout the site the terms "we", "us", "Monet" & "our" refer to Monet Kidswear Limited. Our terms and conditions apply to the use of the Monet website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this Website.
Before you place an order, if you have any questions relating to these terms and conditions, please contact us, our office hours are Monday to Friday, 9am - 5pm.
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
You must be eighteen years old or older to use this Website. If you are under eighteen, you may only use this Website with the agreement of, and under the supervision of, a parent or guardian. If you do not qualify, please do not use this website.
You warrant that:
- The Personal Information which you are required to provide when you register as a customer, or for the purpose of ordering or purchasing goods, is true, accurate, current and complete in all respects; and
- That the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered; and
- You will notify us immediately of any changes to the Personal Information by contacting us our Customer Service team.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree that email can be used as a long-distance means of communication.
During the registration process, you must choose a username and password. You are responsible for all actions taken under that username and password and must only purchase from Monet under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If you think someone else might know it, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password. If there are any changes to the details supplied by you it is your responsibility to inform our Customer Service team as soon as possible.
It is a crime to use a false name or a known invalid credit card to order. Anyone caught deliberately entering an incorrect or fictitious order will be prosecuted to the fullest extent of the law.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
We reserve the right to:
- modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
- end our agreement with you and to suspend or terminate your access to this Website immediately and without notice to you if:
- you fail to make payment to us when due.
- you breach any of these Conditions.
- when requested by us to do so, you fail to provide within a reasonable time frame, enough information to let us to check the accuracy and validity of any information supplied by you, or your identity.
- we suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on our Website.
You agree that if you break these Conditions, or any liabilities are incurred arising out of your use of this website, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our site other than that set out above, please contact us.
LINKING FROM OUR SITE
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
When you use our website, you'll see that we offer you recommendations, showing products we think you might like and could perhaps miss when you're browsing the site.
These are based on your past purchases, top sellers, ratings and recently-viewed products. We determine your interests and suggest new products you may like; additionally we compare your interests and buying habits with the interests and habits of other customers, to show you relevant products.
We take reasonable care to ensure our recommendations are in line with your behaviour as a customer on Monet. Details of the products we recommend - such as price - are correct at the time recommendations are originally made to you, but can be subject to change without notice.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
Each Product purchased is sold subject to its Product Description. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.
THIRD PARTY INFORMATION
We can not be held responsible for material displayed on third party websites or any other written material. The only prices that apply for Monet Kidswear Limited products are those stated on the Monet website and other Monet material. We can not vouch for the reliability of prices stated on shopping directories or through any other third party.
When placing an order, you agree that any and all information given is accurate and complete.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website. Find out more about our Refund policy which is incorporated into these Conditions.
All orders are subject to acceptance and product availability.
Available information for products is listed on each individual product description. If a product is out of stock you will not be able to complete an order until the item is back in stock.
All prices listed on Monet are correct at the time of entering the information, however, we reserve the right to change prices of any product at any time. All prices include sales tax.
Discount vouchers, codes and offers cannot be used on sale products.
The technical steps required to create the contract between you and us are as follows:
- You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
- We will send you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Monet.
- As your product is shipped from our warehouse we will send you a dispatch confirmation email.
- This confirmation email will be sent to the email address provided by you in your order form and will detail products ordered, payment method, cost (including VAT and P&P) and estimated delivery times.
- You must check all the details on this confirmation email are correct and please contact us as soon as possible if any details are incorrect.
- Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Returns procedure.
- If your order has not been accepted, you will receive an email from us telling you the reasons why.
Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock.
- Our inability to obtain authorisation for your payment.
- The identification of a pricing or product description error.
- Your not meeting the eligibility to order criteria set out in the main Terms & Conditions.
- We aim to cover all areas with our Express service, but unfortunately it cannot be guaranteed in certain areas. These include Northern Ireland, Isle of Man, Channel Islands, Isles of Scilly, the Scottish Highlands and Islands.
- The delivery period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order. If you are ordering more than one item, your goods may be sent to you in instalments if certain items are out of stock.
- If your delivery address is outside of the UK, you may have to pay import duties and taxes, which are levied once a shipment reaches your country. You must meet any additional charges for customs clearance. Please note, customs policies vary widely from country to country. We recommend you contact your local customs office for further information.
- Please note international shipments may be subject to cross-border inspections by customs authorities.
- Prices quoted are based on UK delivery. For non-UK deliveries local tax will apply and the price may be adjusted at check out.
- Monet accept PayPal, most major credit and debit cards:
- American Express
- All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
CANCELLING AN ORDER
If you haven’t submitted an order, you may clear the items in your shopping basket at any time by clicking the ‘Remove’ button over the product you do not wish to purchase in you shopping basket (indicated by the dustbin icon).
If you have placed an order but then wish to change or cancel it, the Consumer Contracts Regulations 2013 legislation offers you the following cancellation rights when you buy online or by phone:
- You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services.
- If you wish to cancel your order, please follow the procedure set out in our Returns procedure.
- Your right to return products does not apply to goods made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
- If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.
- To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, address, details of the order you wish to cancel and, where available, your phone number and email address.
- You can cancel by email: firstname.lastname@example.org
- If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply, provided the goods you return are in the same condition that they were when delivered to you. You will be liable to any charges incurred when returning the goods to jjpark.com, unless the return is as a result of an error on our part.
- We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods returned.
- If you are in the European Union and you cancel your order within fourteen days after the day on which you receive the goods, and you cancel the whole order, we will refund the standard postage and packing costs you paid as part of that order (if any), in accordance with the Distance Selling Regulations. If you paid for premium or express delivery, we will only refund the cost of standard delivery. You will have to pay the costs of sending the order back to us. We will not refund any postage and packing charges if you cancel after the fourteen days allowed under the Distance Selling Regulations or if you only cancel part of your order.
INTELLECTUAL PROPERTY AND RIGHT TO USE
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
COMPLIANCE WITH LAWS
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
LIMITATION OF LIABILITY
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on our Website is incorrect for any reason, we will email you to inform you that we have not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the subject product. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order. Should you choose to re-order at the correct price, a separate transaction will be posted to your credit card.
In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 14 working days of delivery of the goods plus return the goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.
We have taken every measure to provide accurate product images for each product for sale on the site. However, we cannot guarantee that your computer monitor's display of any color will be accurate and therefore cannot be held responsible or liable for any differences in colour between the image and the actual product.
The products sold on our Website are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from our Website.
We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.
We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you and supercede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Conditions). You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England
OUR DETAILSMonet Kidswear Limited
71-75 Shelton Street
Company Registration No. 10752774
VAT Registration Number 186203412