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Terms and Conditions

MONGIARDINO’s (“MONGIARDINO” “We” “Us”) website, mongiardinocollection.com (the “Site”) and related services are made available to the customer (“You”) subject to the following terms of Use & Purchase, and any other rules posted on our Site, including our Cancellations, Returns and Exchanges policy and Privacy Policy which are incorporated into these terms (together the “Terms”). By accessing the Site or by placing an order to purchase an item on our Site, you agree to be bound by the Terms once a contract between us comes into existence, so please read the Terms carefully before placing any orders. We recommend you print and keep a copy of the Terms for future reference.

We reserve the right to change the Terms from time to time. It is your responsibility to ensure that you read the up-to-date Terms that apply before you place an order. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

REGISTRATION

In order to be able to use some of the services or features made available to you on this Site and to place an order to purchase items available on the Site, you will need to first register certain personal information with us, including your full name, phone number and e-mail address and any other information requested in our registration page. All such personal information provided to us must be true, accurate, current, and complete in all respects and 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.

Should any of your registration information change, please notify us immediately at the following email address info@fivebuttonshirt.com so that we can update your information.

We will keep and use your personal information in accordance with our Privacy Policy. We may change registration requirements from time to time.

The registration password you provide should be unique and kept secure, and you must notify MONGIARDINO immediately if you become aware of any breach of security or unauthorised use of your account.

DESCRIPTION OF ITEMS

Each item displayed for sale on the Site is sold subject to the description given on the Site. We will take all reasonable care to ensure that all details, descriptions and prices of items appearing on the Site are correct at the time when the relevant information was entered onto the Site.

We have made every effort to display as accurately as possible the colours of items that appear on the Site. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate.

ORDERS

All items are subject to availability and items in your shopping basket are not reserved and may be purchased by other customers.

The display of any item on our Site is not an offer by us to sell and MONGIARDINO shall be under no obligation to supply the items ordered through the Site unless and until we accept your order. If you place an order, this will be your offer to purchase the items from us. To place an order, you must press the “Check Out” button at the end of the checkout process. We will acknowledge your order as soon as possible but will be under no obligation to supply the items ordered unless we have the items in stock and they are available at the prices specified.

If items that you order are out of stock, subject to a delay or the price is higher than that shown on your order, we will try to contact you at the email address you provided when placing your order. If we cannot contact you or receive no response to our email, we will continue to process the remaining items on your order. We will not supply a substitute item without your express authority.

PRICING POLICY

Prices shown on the Site are in British pounds sterling (GBP) inclusive of VAT at the applicable rate. The GBP price will be shown on your payment confirmation and will be charged to your payment card. If you are a customer whose payment card is not denominated in GBP, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

All prices and offers for items are as advertised on our Site from time to time. The GBP price of an item displayed on the Site at the time the order is accepted will be honoured, except in cases of manifest error.

ACCEPTANCE OF YOUR ORDER

Once you have placed an order, you will receive an email from us confirming the details of your order and the payment taken (your “Order Confirmation”). By taking payment from your account we accept your order and the contract between you and us comes into existence, whether or not we have issued a payment confirmation.

We reserve the right not to accept your order if, for example, we are unable to obtain authorisation for your payment, shipping restrictions apply to a particular item, the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn. MONGIARDINO reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

The sale contract is concluded between us in England and the language of the contract is English.

SHOPIFY

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.

PAYMENT

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.

We take 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 site.

By supplying your personal information and payment details as requested on the Site, you agree that we may use and transmit your personal information in order to conduct appropriate credit and anti-fraud checks with the relevant authorities.

PROMOTION CODES AND DISCOUNTS

If you want to take advantage of one of our promotions applicable to the item you wish to order, you need to insert the relevant promotion code in your basket before the check out page. Promotion codes are non-transferable and there is no cash alternative. They cannot be used in conjunction with any other promotion code, sale or offer that may apply to the item you wish to order. They must be redeemed by the date published, if provided.

During promotions T&C's do not need to be stipulated but always apply.

Please refer to our Cancelation, Returns, and Exchanges policy concerning your right to cancel your order with us up to seven days after receiving any items ordered, as well as your right to return and exchange items that you have ordered which forms part of these Terms.

SALES

From time to time MONGIARDINO Brand will offer discounts on items at varying percentages. During such times we reserve the right to alter our delivery, returns and exchanges policy and advise that if uncertain you should contact info@fivebuttonshirt.com at the head office to inquire about conditions specific to the sale you wish to purchase an item from.

FAULTY ITEMS

MONGIARDINO reserve the right to make judgment on whether a sold item is faulty and to which party should be held accountable. In case of the brand the customer must contact the brand directly for a refund not the vendor (in this case MONGIARDINO). If the customer is responsible for the faulty item MONGIARDINO will not give out refunds, exchanges or credit.

LIMITS ON LIABILITY

Nothing in these Terms shall exclude or limit in any way MONGIARDINO’s liability for:

  • Death or personal injury caused by our negligence;
  • Fraud or fraudulent misrepresentation;
  • Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services act 1982;
  • Products under the Consumer Protection Act 1987; or
  • Any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

Subject to the above paragraph, MONGIARDINO shall not under any circumstances whatsoever be liable to the customer whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with our contract with you and MONGIARDINO’s total liability to the customer in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the item sold.

EVENTS OUTSIDE OUR CONTROL

We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event outside of our reasonable control. This may include, but is not limited to, strikes or other industrial action, fire, flood or other events. Our obligation sunder these Terms are suspended for the period that such an event continues and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring such an event to a close or to find a solution by which obligations can be performed despite the event.

We do not have any control over custom taxes outside of the EU.

 INTELLECTUAL PROPERTY RIGHTS

 We are the owner or licensee of all intellectual property rights in our Site and in the Content (as defined below) published on it. Those works are protected by copyright laws and treaties around the world. All Such rights are reserved.

Without limiting the foregoing, copying and use of the Content on our Site to any other server, location or support for publication, reproduction, or distribution is expressly prohibited. However, you are permitted to print off one copy, and may download extracts, of any pages from our Site for the purposes of viewing Content for your own personal use.

CONTENT

“Content” means any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site.

The content of our Site is presented “as is”, and we do not guarantee its accuracy, whether explicit or implied. We reserve the right to amend errors, make changes to our Site, withdraw any part of our Site or to update product information at any time if we consider it necessary.

The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of MONGIARDINO and we accept no responsibility for any such views expressed in any media.

Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the internet ensure they have up to date virus checking software installed.

ACCESS TO THE SITE

Given the unpredictability of technology and the online environment, MONGIARDINO makes no promise that our Site will be uninterrupted or entirely error free, or free of viruses or bugs or compatible with any other software or material. Accessing the Site is entirely at your own risk. We always recommend that all users of the Internet ensure they have up to date virus checking software installed. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

NO COMMERCIAL USE

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this Site. You may not use this Site, or any of its content, to further any commercial purpose, including any advertising revenue generation activity on you own Site.

YOUR ACTIVITY

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms, we may deny you access to this Site on a temporary or permanent basis.

THIRD PARTY SITES

We may include hyperlinks on this Site to other websites or sources operated by parties other than MONGIARDINO, including advertisers. MONGIARDINO has not reviewed all of the sites linked to its Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such 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 content, goods or services available on such external websites or resources.

ASSIGNMENT

We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights or obligations under our contract with you. You may not assign, transfer, subcontract or deal in any manner with any of your rights or obligations under the contract without our prior written consent.

NO WAIVER

If you breach the Terms 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 Terms.

THIRD PARTY RIGHTS

A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Right of Third Parties) Acts 1999.

GOVERNING LAW

The Terms together with all our policies and procedures incorporated into these Terms will be governed by and construed in accordance with the law of England and we agree to exclusive jurisdiction of the courts of England.