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Terms & Conditions

 

1. Use of the Website and Orderline

The madisonbrowne.com website (the "Website") and telephone orderline (the “Orderline”) are made available to you pursuant to these terms and conditions (the “Terms”) and any other rules and policies posted onto this site.  By accessing the Website or Orderline you agree to be bound by the Terms. If you do not agree to them you may not use the Website and Orderline and should stop using them immediately.
The Website is an online retail service solely for your personal use for the sale of clothing, accessories and other items ("Products").

Before you place an order, you should read the Terms as they contain important information about your purchase.

You use this website at your own risk.  You agree that you will be personally liable for your use of the Website and Orderline and for all your communications and activity on the Website.  We reserve the right to withdraw your access to the Website or any part of the Website at any time without notice.  In particular, if we determine, in our sole discretion, that you are engaged in prohibited activities, are not being respectful of other users or have otherwise violated these Terms, we may deny you access to this Website on a temporary or permanent basis and any decision to do on our part is final.

When you make a purchase on the Website or over the Orderline, you will be asked (although not required) to register.  In addition, you may be required to register to use other services available on the Website.  We may modify our registration requirements from time to time.  If you choose to register on purchase, the personal information which you are required to provide must be true, accurate, current and complete in all respects.  If your personal information changes then you must notify us immediately by contacting Customer Services at customerservices@madisonbrowne.com.

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.

By using this site you agree to comply with, and be bound by, these Terms.

We may from time to time modify the Terms at our sole discretion. By using the Website or Orderline after any such change(s), you agree to comply with, and be bound by, the Terms as modified.

 

2. Privacy and Communications

We respect your concerns about privacy.  We, therefore, encourage you to refer to the privacy policy of the Website (the “Privacy Policy”) on an ongoing basis to stay abreast of our most current privacy policy practices.

To fulfil our obligations to you under these Terms and Conditions we communicate with you by email, mobile telephone texting and by posting notices on the Website.  You agree to receive communications from us electronically in this way.  You also agree that electronic communications will satisfy any legal requirement for communications to be in writing.

 

3. Making a purchase

You can make a purchase in two ways, either online on the Website or over the telephone through the Orderline.  When you order a Product online or over the telephone, you are offering to buy it for the price stated, subject to these Terms.

To be eligible to purchase Products on the Website or through the Orderline you must be the holder of a valid debit/credit card of the type that we accept for purchases and the personal information which you are required to provide when you register as a customer and/or make a purchase must be true, accurate, current and complete in all respects.

We may not accept your order if (i) a Product you have ordered is out of stock, (ii) we are unable to obtain authorisation for your payment or (iii) if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time and at our sole discretion.
Purchases may be made on the Website at any time (24 hours a day, 7 days a week). To purchase Products over the telephone you must call the Orderline between 9am to 3pm  or 8pm to 10pm (UK time) Monday to Friday on +44 (0)845 602 6380 (UK Customers) or on +44 (0)20 8458 3141 (International Customers).

Where you place an order on the Website, you will be guided through the ordering process by a series of instructions on the Website. You place your order for Products from the Website by clicking on the Proceed button at the end of the on-line order process.

Where you place an order through the Orderline, your order will be accepted at the point of your order being despatched.

Once you have placed your order, we will send you an email acknowledging the exact details of your order.  Please note that this email is not an order confirmation or order acceptance from Madison Browne.

Unless we have notified you that we do not accept your order, our acceptance of your order and the completion of the contract between you and us will take place when you receive an email from us notifying you that we have despatched the Products ordered by you.  Our acceptance of your order will be deemed complete and received by you at the time and date of sending of the email, which time and date is specified on the email. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control, you have not received that email.

If you require any information regarding your order(s) please contact Customer Services at any time via email at customerservices@madisonbrowne.com or on +44 (0)845 602 6380 (UK Customers) or on +44 (0)20 8458 3141 (International Customers) during our customer services hours of Monday to Friday 9am to 3pm or 8pm to 10pm (UK time).

If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this.

We will try to keep our Website as up to date as reasonably possible but cannot guarantee that any particular Product will always be available. If we cannot supply any Product we will release the funds being held in your account for the purchase. 

 

4. Prices and Delivery

Orders:  All prices indicated for Products available on the Website and delivery charges are inclusive of V.A.T (where applicable) at the current rate and are quoted in pounds sterling.  The total cost of your order is the price of the Products ordered plus delivery charges.

PLEASE NOTE: For international customers, there may be additioanal duties or taxes payable by you on receipt of the goods by customs in your country.  We cannot accept responsibility for these costs.

We aim to deliver your chosen Products to the place and person of your choice, in perfect condition and in the shortest possible time. 

All new orders are deemed separate and each is treated individually.

Our complete terms relating to shipping are set out in our Shipping Policy, which can be found on our Website.

Returns, Exchanges:  Our complete terms relating to returns and exchanges are set out in our Returns Policy, which can be found on our Website.

Refunds:  We want to ensure your complete satisfaction with the Products. We will accept Products, which are not worn, used or damaged, for a full refund as set out above and in our Returns Policy.

 

5. Credit Cards

We allow orders to be processed online or through our Orderline using a valid credit or debit card of the type that we accept for purchases.

Your credit card company may undertake an additional security check to confirm it is you making the order.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses, or subsequently refuses to, or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

 

6. Passing of property

We retain the legal ownership of the Products until full payment has been made by you and such payment has been received by us. Legal ownership of the Products will immediately revert to us if we refund any such payment to you.  Risk in the Products will pass to you on delivery to you.

 

7. Copyright and Trade Marks

All content available on the Website, including, but not limited to, text, graphics, photographs, logos, buttons, icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of Madison Browne, our owners, our affiliates, our partners, our suppliers or our licensors, and is protected by UK and international copyright laws.

The trade marks, logos, and service marks displayed on the Website (collectively, the "Trade Marks") are the registered and unregistered marks of Madison Browne, our owners, our affiliates, our licensors, our suppliers or our partners, in the UK and other countries, and are protected by UK and international trade mark laws. All or any other trade marks not owned by us, our owners, our affiliates, our partners, our suppliers or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Except as set forth in the limited licence in the section entitled "Permitted Use of the Website" below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.

 

8. Permitted Use of the Website

You may access and use the website for your personal, non-commercial use.  Provided you retain all copyright and proprietary notices, you may:
a) retrieve and display the content of the Website on a screen,
b) print copies of the content for your own personal use
c) store the content in electronic form, except that you may not store it on any server or other storage device connected to a network.

You may not use the Website or its Content:
for commercial purposes or any other purpose other than for personal use;
a) for resale purposes, including the re-utilisation of any part of the Content of the Website (e.g. product listings, prices, product descriptions);
b) to modify or download the Website or its contents (except caching or as necessary to view content);
c) to create any derivative work based upon either the Website or its Content;
d) to collect account information for the benefit of another party;
e) to interfere with or disrupt any network or website connected to the Website or gain unauthorised access to other computer systems;
f) to interfere with the enjoyment or use of the Website by any other person; or
g) for any purpose which is unlawful.

In addition, you may not in relation to the Website:
a) use any framing techniques to enclose any part of the Website;
b) use any meta tags or any other "hidden text", which uses our name or the Trade Marks without our express written consent; or
c) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

You may not link to the Website without our prior, written consent, which may be withheld in our absolute discretion.

Any unauthorised use by you of the Website terminates the limited licence set forth in this section without prejudice to any other remedy we may have provided for by applicable law.

 

9. Third Party Links

The Website may include links to or from third party web sites or off-Website pages.  You acknowledge and agree that we are not responsible for the availability of such third party sites or pages.  You further agree that we are not responsible for examining or evaluating the offerings of such third party sites or pages nor are we responsible or liable for the actions of such sites or pages or for any content, products or services available from such third party sites.  Links appearing on the Website are provided merely as a service to You for information or convenience only and do not constitute an affiliation with us nor an endorsement by us, our owners, our affiliates, our suppliers or our partners of the referenced content, product, service, or supplier. You should carefully review the Terms and privacy policies of all off-Website pages and other websites that you visit.

Your linking to or from any off-Website pages or other websites is at your own risk.  We are not responsible or liable for any loss or damages of any sort incurred as a result of dealings with or the presence of off-Website links on the Website.  We are also not responsible for any malfunctions which may occur during any linking to our Website from any third party website or from our Website to any third party website. 

 

10. Submissions

We welcome inquiries or feedback on the products you use or might like to purchase.  Please note that any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a non-exclusive, royalty-free, transferable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concept or know-how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us fully for all claims arising from your claims to any rights in any Submission.

 

11. Limitations of liability

We will use our reasonable endeavours to present the most recent, most accurate, most complete and most reliable Content and other information on the Website at all times. However, we make no representations or warranties, whether expressed or implied, that our Content or other information is accurate, complete, error-free or reliable or that use of the Content will not infringe the rights of third parties.  There may be occasions when some of the information featured on the Website may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologise for any inconvenience that this might cause. We reserve the right to amend errors, make changes to the Website, or to update Product information at any time without prior notice and without any liability on our part.

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 the 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.

We make no representations or warranties of any kind whatsoever, expressed or implied, in connection with the Products on the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. Nothing in these Terms shall limit your rights as a consumer under English law.

We have taken great care to display the Products featured on the Website as accurately as possible.  However, all measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will allow.  Colour clarity will depend upon your own personal monitor and its calibration and settings and, therefore, we cannot guarantee that your monitor's display of any colour, texture, or detail of actual merchandise will be absolutely accurate.

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any loss or damage whatsoever in any way connected with your use or misuse of the Website, Orderline or customer services.  We make no representations or warranties (either express or implied) that the function, operation or accessibility of the Website will be uninterrupted, timely and error-free, that defects will be corrected, or that this site or the server that makes it available will be free of viruses or other harmful elements. We shall not be liable to any person for loss or damage which may arise to computer equipment as a result of using the Website.  As a condition to becoming a visitor to and a user of the Website, you agree to this legal notice and that access is undertaken at your own risk. We shall not be liable for damages of any kind related to your use of or inability to access this site. We will not be responsible or liable to you for any disruption, loss of or corruption of any content or material uploaded to, transmitted through or downloaded from the Website or any events beyond our reasonable control.

The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no representations or 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 you ask us to include a message with any Product ordered through the Website, we will do our best to ensure that we accurately record your message and send it with the Product. However we cannot accept any liability for any errors with the message or any failure to enclose the message with the Product. You undertake that any message you require us to send will not be in any way racist, blasphemous, defamatory or otherwise offensive. We reserve the right to remove said messages from our deliveries.

You agree that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website or our Orderline by you.

Further, to the fullest extent permitted by applicable law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits or loss of reputation) arising out of the Website or Orderline or in connection with your use of the Website or Orderline regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

Save in relation to liability for death or personal injury resulting from our negligence, our liability under any contract for Products purchased from us shall be limited to the value of your order.
You agree to indemnify, defend and hold harmless us, our agents, officers, directors, and employees, immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of these Terms by you or any other liabilities arising out of your use of the Website or Orderline or the use by any other person accessing the Website or Orderline using your personal information. We reserve the right at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder.

 

12. Disputes

To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Website and any purchase by you of any Products from the Website or Orderline shall be submitted to confidential arbitration in London, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the English Courts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator's award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in London, and all applicable provisions of this section shall apply.

 

13. General

You acknowledge and agree that these Terms, together with our Privacy Policy, Shipping Policy and Returns Policy and any other rules or policies posted from time to time on the Website, constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any Products from this Website or our Orderline, and supersede and govern all prior proposals, agreements, or other communications.

If any provision of these Terms is held to be illegal, invalid or unenforceable in whole or in part, then these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms by us shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms.

We will not be responsible to you for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause beyond our reasonable control.

No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law. Save where expressly agreed between us in writing, time shall not be of the essence of these Terms as regards any of the times, dates and/or periods mentioned herein.

Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.

We reserve the right to modify these Terms from time to time and your continued use of the Website following such change shall be deemed to be your acceptance of such change.  It is your responsibility to check the Website regularly to determine whether the Terms have been modified.  Any modifications are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms.  If you do not agree to any change to the Terms then you must immediately stop using the Website.

We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.

We reserve the right to refuse to supply Products to any person for any reason whatsoever, to withdraw any Products from the Website at any time and/or remove or edit Content or other materials on the Website. We will not be liable to you or any third party by reason of our withdrawing of any Products or any Content from this Website whether or not any such Products have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

If you have any questions regarding these Terms, please contact us by email at customerservices@madisonbrowne.com.

 

14. Governing Law

The Website and Orderline are controlled and operated in the UK.  Your use of this Website and all matters connected with any order you place on the Website or through the Orderline shall be governed by English law and you agree to submit to the exclusive jurisdiction of the English courts in relation to all matters connected with or arising out of the Website, Orderline or your use of customer services or any order you place on the Website or through the Orderline.

 

15. Contacting Us

If you would like some help when ordering or have a query about your order, please email us at any time at customerservices@madisonbrowne.com or please call +44 (0)845 602 6380 (UK Customers) or on +44 (0)20 8458 3141 (International Customers) between our customer services hours of 9am to 3pm or 8pm to 10pm (UK time) Monday to Friday.

 

16. Legal Identity

Madison Browne is the trading name of C & K Partners Limited.

The site is owned and operated by C & K Partners Limited, a company registered in England and Wales, company number 6367401

The registered office is 46 Meadway, London, NW11 6PR.

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