Terms & Conditions
General
Access to and use of this website and the products and search services available through this website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of these terms, conditions and notices, without modification. Furthermore, you acknowledge that the Terms of Service may be updated by us from time to time. This website also contains links to other websites, web pages and services which are not operated by M.A.D Apparel Ltd (the "Linked Sites"). Your use of such Linked Sites will be subject to the terms of service contained within each such website and the respective terms of service will control the use of the respective website. In any event, your link through to such a website will be subject to the Terms of Service. You recognise that M.A.D Apparel Ltd has no control over such Linked Sites and information, and you accept that M.A.D Apparel Ltd provides no guarantee as to the accuracy or reliability of such websites or the information contained in them. You also agree that we shall have no responsibility as to whether such links locate unintended or objectionable content or otherwise cause you distress, loss or damage.
Prohibitions
You will not: commit or encourage a criminal offense; send or receive any material which is in any way offensive or obscene, or in breach of confidence, copyright, privacy or any other rights; act contrary to the acceptable use policies of any Linked Sites or community standards generally; transmit or distribute a virus; hack into any aspect of the Service; corrupt data; cause annoyance to other Users; infringe upon the rights of any other person's trademarks or other proprietary rights; send any unsolicited advertising or other promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through the M.A.D Apparel Ltd website.
Intellectual Property
The intellectual property rights in all software made available and content supplied to you remains the property of M.A.D Apparel Ltd, its licensors, advertisers or content suppliers. You will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to you as notified to you and you hereby acknowledge that all software that is not made readily available to you is confidential, and that all other rights including but not limited to database rights and copyright are asserted and reserved by M.A.D Apparel Ltd, its licensors, advertisers or content suppliers. You may store, manipulate, analyse, reformat, print and display the content supplied solely for your own personal use. In no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the M.A.D Apparel Ltd website and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any media business or enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws expressly or impliedly prohibit such restriction) or create derivative works based on any software or any documentation accompanying such software supplied by M.A.D Apparel Ltd, its licensors, advertisers or content suppliers. M.A.D Apparel™ and all logos are trademarks belonging to M.A.D Apparel Ltd. No license or consent is granted to you to use these marks in any way, and M.A.D Apparel Ltd reserves all rights in these and any related marks. You agree not to use these marks or any marks which are colourably similar without the written permission of M.A.D Apparel Ltd.
Products and Services
By making a request/order you are offering to purchase a product which we will accept to sell to you on the following Terms and Conditions. All requests are subject to availability and confirmation of the order price by us. Despatch times may vary according to availability and any guarantees warranties or representations made as to delivery times are limited to mainland UK and are on the basis that we are not responsible for any delay in delivery occurring due to postal delays or force majeure. M.A.D Apparel Ltd is absolutely entitled to refuse any request made by you. If your order is accepted we will inform you via email. Our website offers a range of products and or services for sale. Where we refer to an 'item' we are referring to a single product or service available for purchase on this website. We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system. Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing. We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
i) The item you have ordered is out of stock.
ii) We cannot authorize your payment or have reasonable grounds to suspect your payment may be fraudulent.
iii) There has been a pricing or product description error
iv) There is a system or procurement failure
When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods or services. It is your responsibility to inform us of any changes to these details as soon as possible. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
Indemnity
You agree to indemnify, defend and hold harmless M.A.D Apparel Ltd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the M.A.D Apparel Ltd services, your breach of the Terms of Service, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
Disclaimer of Warranties
The services and all information, products and other content included in or accessible from this website and the linked websites, are provided on an "as is" and "as available" basis and are subject to change at any time without notice to you. To the fullest extent permitted by law, M.A.D Apparel Ltd disclaims and excludes all representations and warranties (express, implied and statutory, including but without limitation the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the services and all information, products and content included in and accessible from this website or the linked websites.
Disclaimer of Liabilities
Unless expressly stated to the contrary to the fullest extent permitted by law M.A.D Apparel Ltd, its content providers, advertisers or linked websites shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or the linked websites, even if M.A.D Apparel Ltd had been advised of the possibility of such damages and irrespective of whether such damages arise in contract, tort, equity, restitution, by statute, at common law or otherwise. You have read this disclaimer and agree to it on the basis that you agree it is reasonable.
Jurisdiction
Upon entering the M.A.D Apparel Ltd website you are bound by these terms and conditions. These terms and conditions are to be construed in accordance with the laws of England and Wales and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the English High Court, London. Any dispute in any way referable to the content of this website whether in respect of its trademarks, copyright or image content shall be resolved exclusively by arbitration the terms of which are to be agreed between M.A.D Apparel Ltd and yourself and provide no right or recourse to any relief of the English Courts whether interim or otherwise and that by accessing this website you waive your right for all time to any such right.
Content Variation
M.A.D Apparel Ltd shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of the content supplied in connection with the Service or which appears on any page of the M.A.D Apparel Ltd website.
Gift Vouchers
If you are purchasing a gift voucher, please ensure that you double check the delivery email address you enter. We cannot be held responsible if a gift voucher is used by someone other than your recipient if the email address entered is incorrect. Additionally, we cannot take responsibility for any gift voucher that is lost or used by someone other than your recipient after delivery. It is the recipient’s responsibility to keep the voucher details safe. We also cannot accept any responsibility for stolen or deleted gift vouchers as we cannot generate another code. On occasions gift vouchers may get caught in spam filters. It is up to the recipient to check these filters. We cannot take responsibility if a gift voucher cannot be delivered to the recipient's email address because of spam filters, firewalls, or the capacity of the recipient's mailbox or any other factors outside of our control. If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, or a combination of the two). There is no cash redemption value for the recipient of the voucher.
Termination of Services
M.A.D Apparel Ltd may at any time terminate or suspend any part of the Service without notice to you.
Entire Agreement
The above Terms of Service combined with the published Privacy Policy and Refund & Exchange Policy constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and M.A.D Apparel Ltd. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of M.A.D Apparel Ltd.