Terms and Conditions.
These terms and conditions (together with the information and policies contained in the “Shipping” and “Returns” pages on the website and any other documents referred in these terms and conditions) ("Terms and Conditions") set out the legal terms that apply to your use of our website http://www.monoclothingco.com, any of its sub-domains and any mobile device application or desktop application developed by us or on our behalf (together, the "Websites" and “Website” being a reference to any one of them) and the other services that we provide (the “Services")
Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.
1) Understanding these Terms and Conditions
When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as 'defined terms'). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
When we refer to “Mono Clothing Co.”, "we", "us" or "our", we mean Mono Clothing Company Limited or, where relevant, its affiliates. Where we refer to "you" or "your" we mean you, the person using the Services.
We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and the Partners relating to the sale of the products, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).
2) About us
We are Mono Clothing Company Limited and, along with certain of our affiliates, we operate the Website. Mono Clothing Company Limited is a company registered in Ireland and our registered office in Dublin, Ireland. Our registered company number is 691816.
When you purchase products using the website, the contract for the purchase of the products is between you and Mono Clothing Company. We are contractually bound to deliver the product on behalf of a third party supplier (the “Supplier(s)”), and our capacity in any transaction is that of an agent (the “Agent”).
3) Our Services
The services we offer allow you to search through the Website and purchase products from us. As part of the Services, we also provide some ancillary services such as arranging delivery of the products, and providing you with customer service assistance.
Please note that the delivery logistics service is being provided by us to you and as such you are entering into a contract for delivery services provided by us to deliver products on behalf of the Suppliers. Your contract with us is concluded once the products have been delivered to you by the courier.
In order to use the Services you must be over 18 years of age.
4) Our liability to you in relation to the Services
If, in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services.
5) The products
We attempt to be as accurate as possible in the description of the products displayed on the Website. However, as the descriptions are based on information provided to us by the Suppliers, we cannot guarantee that all details are always accurate, complete or error free. Please contact our Customer Service Team if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colours accurately, we cannot guarantee that your computer's display of the images accurately reflects the true colour of the products. We do not hold any inventory of the products offered on our website. This inventory is held by our Suppliers, on behalf of whom we sell said products to you.
As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
The products we sell on behalf of our Suppliers are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes, unless otherwise mentioned in a separate contract between you and us.
6) Orders, prices, payment and taxes
By completing the check-out process and placing an order by clicking the "Purchase" button on the checkout page, you are offering to purchase the products from us. Your order for the products is subject to these Terms and Conditions which are incorporated into the contract between you and the relevant Partner. All orders are subject to availability, and we may need to cancel your order (or part of your order) if the product is not available. After entering into the contract for the products with us, we will be under a legal duty to supply you with goods that are in conformity with the contract. Legal title to the product purchased will pass to you upon your payment being accepted. Risk in the product will remain with us until it is delivered to you at the address specified when you placed your order.
To order products you must be over 18 years of age and possess a valid credit or debit card (please see section (c) below for details of acceptable payment methods). By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.
The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, colour, etc.).
a) Formation of the contract between you and us.
When you place an order, you will receive an email confirming receipt and acceptance of your order. The contract between you and us will be formed when we send this confirmation email. All orders are subject to availability, and we may need to cancel your order (or part of your order) if the product is not available. The confirmation email will include a description of the products purchased in the order.
b) Availability and taxes
Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we hold the rights to cancel your order. We will inform you of this, and process a refund for you as soon as possible.
The delivery costs applicable to your order will be clearly displayed at checkout before you place your order (and are included in the "Total" amount shown on the order summary page).
Depending on your delivery address, different taxation rules and additional charges may apply. You may need to pay import duties upon receipt of the products. Neither we nor our Suppliers have any control over these charges and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information and a “landed cost estimate” before placing your order. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you breach any such laws.
Please note that if you return an item, and you paid import duties on said item, you will be responsible for reclaiming duty directly from your local customs office.
c) Payment
We accept the following payment methods:
Visa
MasterCard
Maestro
American Express
Discover
JCB
PayPal
Apple Pay
If you pay by debit card or PayPal, Mono Clothing Company will take payment at the point your order is placed on our site. When a payment is refunded, it is always refunded using the same method as the original payment.
We reserve the right not to accept your order if, for example, the product ordered is out of stock, has been withdrawn or is otherwise not available, or if we are unable to obtain authorisation for your payment or if you do not meet the eligibility criteria (e.g. you are under 18).
7) Delivery
The estimated delivery date of the products is ten to 14 days from the day you place an order. We supply delivery services on behalf of the delivery company (the “Courier”) that is employed to deliver your product to you and we will try to ensure that your order is delivered within the estimated timeframe provided, but there may be circumstances where delivery is delayed because of events beyond our reasonable control. If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay.
Delivery times may vary depending on the availability of the products and your delivery address.
If no one is available at your address to sign for your order, our delivery partner will leave you a note and you will need to contact them to rearrange delivery.
In certain circumstances our delivery partner may provide you with optional services when delivering your order, such as: (a) signature release: opting out of the requirement to provide a signature on delivery; (b) leave with neighbour, reception or security: re-directing the delivery to a neighbour, reception or security; (c) reschedule a new delivery date: selecting a delivery date that best suits you; and/or (d) re-directing to a collection point: collecting your package from a collection point nearby. By selecting any of these services, including through any default preferences you may have selected with our delivery partner separately, you acknowledge and agree that Mono Clothing Company shall bear no responsibility or liability for any loss or damage that may result from delivering your order in that way.
8) Returns and Cancellation
Returns
As part of our commitment to reducing our environmental impact, our return instructions are paper free. This benefits our customers, our people and our planet.
We recommend you return your items using the packaging your order arrived in. If you're unable to do this, please find a suitable alternative.
We offer free returns for customers based in the US, Spain, France, Brazil, the Netherlands, Israel, Poland, the UK, Germany, Italy, Canada, Belgium, Czech Republic, Switzerland, and Portugal. In any case involving a return, we ask you to contact us by sending an email to info@monoclothingco.com, clearly informing us of the details of your order and stating which item(s) you wish to return. We will answer your query within 48 hours of receipt, and we will forward you all relevant instructions.
It is our aim that every item arrives in great condition and we hope you’re always thrilled with your purchase. If you receive an item in a flawed or damaged condition, your item will be eligible for a free return. In any other case, the cost of returns applies, depending on your region and courier. Returns must be completed within 14 days of receiving the product. We reserve the right to refuse a return or refund should you fail to complete the return process within the 14-day period.
Cancelling under the Consumer Contracts Regulations
Depending on where you live, you have a legal right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("CCRs") or equivalent consumer legislation in the EU. This means that, during a certain cancellation period, if you change your mind or for any other reason you decide you do not want to keep the purchased products, you can notify us of your decision to cancel the order. Once the order is cancelled, we will process your refund.
How to cancel under the CCRs
To cancel an order, please send an email to info@monoclothingco.com, clearly informing us of the details of your order and stating that you wish to cancel it.
9) Our Website
This section sets out the rules that apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.
a) Access to the Website
The Website is made available free of charge and 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 the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.
Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.
We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that same communications be in writing.
b) Usage of the Website
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
You must not use the Website for any of the following.
In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam". To cause harm, annoyance, inconvenience or needless anxiety to any person.
Breaching these provisions would constitute a criminal offence under the Computer Misuse Act 1990. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them. If you breach any of the Terms and Conditions and/or any Third Party Products and Services’ terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.
c) Guarantees relating to the Website
We make no guarantee that any or all features of the Websites, Services or Third Party Products and Services will work on any particular device.
d) Linking
We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
e) Our liability in relation to the Website
We may update or change the Website or its contents at any time but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied.
We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.
Please note that we only provide the Website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it. We do not in any way exclude or limit our liability for: 1. death or personal injury caused by our negligence; 2. fraud or fraudulent misrepresentation; 3. any other liability which cannot be limited by law. Different limitations and exclusions of liability will apply to liability arising as a result of our supply of the Services to you (as set out in section 4) and the Partners’ supply of the products to you.
10) Intellectual property, software and content
We are a distributor of all images and the owner of all other intellectual property on the Website (the “Content”). The rights in the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. All such rights are reserved.
You must not systematically extract and/or re-utilise parts of the Website or the Content. 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 substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g. our prices and product listings) without our prior written consent.
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.
11) Governing Law and Jurisdiction
Anything related to your order, use of the Websites or these Terms and Conditions are governed by English law. The courts of England shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.