Terms & Conditions
Information about us
www.theshoreditchmaskcomapany.com is a site operated by The Shoreditch Mask Company Limited ("We"). We are registered in England and Wales under company number 12565330 and have our registered office at Studio 9, Equity Square, London E2 7EQ.
Access to our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and visit to our site
Conditions of sale
These Conditions apply where the Buyer wishes to order certain of the Company's Goods and the Buyer and the Company wish to regulate the sale and purchase of such Goods ("the order"). These Conditions have been brought to the attention of the Buyer.
(1) Interpretation and definition
"the Buyer" means the person who purchases Goods from the Company; “Company” means The Shoreditch Mask Company Limited; "Goods" means any goods agreed in the contract to be supplied to the Buyer by the Company (including any part or parts of them).
(2) Your status
(2.1) By placing an order through our site, you warrant that:
- You are legally capable of entering into binding contracts; and
- You are at least 18 years old.
(3) Application of terms
(3.1) Subject to any variation under condition the supply of Goods will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document) and no terms or conditions endorsed upon, delivered with or contained in the Buyer's purchase order, confirmation of order, specification or other document will form part of the Conditions.
(3.2) These Conditions apply to all the Company's sales and any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing by the Company. The Buyer acknowledges that no reliance has been placed on any such representations for which provision has not been made expressly in writing.
(3.3) Each order for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions and the Buyer acknowledges that prior to any such order he has notice of and such order is made on the basis of these Conditions.
(3.4) No order placed by the Buyer shall be accepted or deemed to be accepted by the Company until a written acceptance of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer. For the avoidance of doubt an order confirmation or acknowledgement issued by the Company is not an acceptance of the Buyer's offer but merely confirmation of the contents of such offer and the Company reserves the right to decide whether to accept such offer in accordance with this clause.
(3.5) The Buyer must ensure that the contents of its order are complete and accurate.
(3.6) The Company reserves the right to treat each order accepted by the Company as a separate contract and the Company reserves the right to deliver the Goods by instalments. Where Goods are delivered by instalments the Company reserves the right to treat each instalment as a separate contract.
- The Company’s marketing materials (“the Marketing Materials") are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and such Marketing Materials do not and will not form part of the contract.
(5) Consumer rights
- Our Returns Policyis incorporated into these Conditions.
- Delivery is on the terms set out in our delivery policyand incorporated into these Conditions.
(7) Risk title
(7.1) The Goods will be at your risk from the time of delivery.
(7.2) Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges.
Unless otherwise agreed by the Company in writing the price for the Goods shall be:
- the price set out in the Company's price list published on the date of acceptance by the Company as defined in these Conditions; and
- inclusive of any value added tax which is due for the Goods.
Unless otherwise agreed by the Company in writing the price for the Goods shall be:
(9.1) Payment of the price for the Goods is due in full before delivery and failure to make payment on the due date shall without prejudice to the Company's other rights, entitle the Company to refuse delivery and/or cancel any contract between the Buyer and the Company. For the purposes of this condition only, the due date shall be the date of actual delivery or such date as the Company has communicated to the Buyer whether in writing or orally that it has the Goods in stock.
(9.2) Time for payment shall be of the essence and no payment shall be deemed to have been received until the Company has received cleared funds.
(9.3) All payments payable to the Company under the contract shall become due immediately upon termination of contract despite any other provision.
(10) Warranty & liability
(10.1) The Company shall not be liable for any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with any specification expressly agreed in writing by the Company (whether or not delivery is refused by the Buyer) or any other dissatisfaction of the buyer except, and only to the extent set out in the Returns Policy which is incorporated into the Conditions.
This condition 10 including the RETURNS POLICY incorporated into these conditions is a complete statement of the company's warranties regarding the goods and subject to condition 11.2 is in lieu of all other warranties, terms, representations or conditions express or implied (whether under statute, at common law or otherwise) including but not limited to warranties, terms, representations or conditions of merchantability, satisfactory quality and fitness for a particular purpose.. in no event will the company be liable for any incidental, consequential, indirect, special or punitive damages (including without limitation, loss of production, loss of or corruption to data, loss of profits or of contracts, loss of revenue, loss of operation time, loss of goodwill or anticipated savings, wasted management or staff time) arising out of the contract (whether for breach of contract, tort, negligence, gross negligence or other form of action) or its termination.
(11) Limitation of liability
(11.1) Subject to condition 6 and 10 the following provisions set out the entire liability of the Company (including any liability for the acts or omissions of its employees, agents and subcontractors) to the Buyer arising from any breach of these Conditions and any representation, statement or tortious act or omission including negligence arising under or in connection with the contract.
(11.2) All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by sections 9, 10 and 13 of the Consumer Rights Act 2015) are, to the fullest extent permitted by law, excluded from the contract. Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company's negligence or fraudulent misrepresentation.
(11.3) These conditions do not include or limit in any way the company's liability:
- For death or personal injury caused by the Company's negligence;
- Under section 2(3) of the Consumer Protection Act 1987;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for the Company to exclude, or attempt to exclude, the Company's liability.
The buyer's attention is in particular, drawn to the provisions of the following conditions
(11.4) Subject to condition 11.2 the Company shall not be liable to the Buyer for any loss of profit, loss of business, loss of goodwill, reputation, anticipated savings or revenues or any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer and the Company's entire aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of a contract shall not exceed the price of the Goods supplied.
(11.5) The Buyer acknowledges and agrees that except as expressly provided in this Condition 11, the Company shall not be under any liability of any kind whatsoever and howsoever caused arising directly or indirectly in connection with this agreement.
(11.6) The Buyer acknowledges and agrees that the allocation of risk contained in this contract is reflected in the price agreed by the Company and the Buyer.
(12.1) The Company reserves the right to accept or refuse any order and to cancel any uncompleted contract with the Buyer or to suspend in relation to a delivery under any contract if the Buyer fails to observe or perform any of these Conditions.
The Buyer shall indemnify the Company against all damage or injury to any person firm or Company against all proceedings charges and expenses for which the Company may become liable in respect of the Goods supplied by or on behalf of the Company except to the extent that such liability has been expressly admitted in these Conditions.
(14.1) All patent, copyright, design, registered or unregistered trademark, confidential information, know-how or industrial or intellectual property rights ("Intellectual Property Rights") in all Goods and in the names "The Shoreditch Mask Company", "The Shoreditch Mask Co.", "Tomas Couture", "Tomas and any other logos or trademarks appearing in or on or used in relation to the Goods shall remain vested in the Company and no right to licence or other rights are granted under any contract to the Buyer in respect of any Intellectual Property Rights except the right to resell the Goods in accordance with these Conditions.
(14.2) In connection with the promotion, advertisement and marketing of the Goods the Buyer shall only use such advertising, promotional and selling materials and/or activities as are approved in writing by the Company and shall observe all directions and instructions given to it by the Company in relation to the promotion, advertisement and marketing of the Goods.
(14.3) The Company reserves the right to defer the date of delivery or to cancel a contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the performance of any of the Company's obligations in relation to the Goods due to circumstances beyond the Company's reasonable control including, without limitation, restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, and the Company shall not be liable to the Buyer.
(14.4) Each right or remedy of the Company under any contract or these Conditions is without prejudice to any other right or remedy of the Company whether under any contract, these Conditions or not.
(14.5) If any provision of a contract or those Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of any contract and the remainder of such provision shall continue in full force and effect.
(14.6) Failure or delay by the Company in enforcing or partially enforcing any provision of any contract will not be construed as a waiver of any of its rights under the contract, and no waiver by the Company of any breach by the Buyer of these Conditions and no indulgence granted by the Company to the Buyer or otherwise shall affect the right of the Company in respect thereof or any subsequent breach and any waiver by the Company of any breach of any provision of the contract by the Buyer will not be deemed a waiver of any subsequent breach and will in no way affect the other terms of the contract.
(14.7) The Buyer shall not be entitled to assign the contract or any part of it without the prior written consent of the Company. The Company may assign the contract or any part of it to any person, firm or Company. The parties to any contract do not intend that any term of the contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it. The formation, existence, construction, performance, validity and all aspects of the contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
(15.1) All communications between the parties about a contract must be in writing and delivered by hand or sent by pre-paid first class post or sent by facsimile transmission and (in case of communications to the Company) to its registered office or such changed address as shall be notified to the Buyer by the Company; or (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a Company) or (in any other case) to any address of the Buyer set out in any document which forms part of the contract or such other address as shall be notified to the Company by the Buyer.
(15.2) Communications shall be deemed to have been received, if sent by pre-paid first class post, 2 days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting), if delivered by hand, on the day of delivery or if sent by facsimile transmission on a working day prior to 4.00 p.m., at the time of transmission and otherwise on the next working day.
(16) Fraud checks
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
Transactions Concluded through our site
Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our conditions of sale. Purchases made will be charged in Pounds Sterling (£).
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
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, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com .
Linking From our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
Variations and your concerns
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org .
This acceptable use policy sets out the terms between you and us under which you may access our website www.theshoreditchmaskcompany.com (our site). This acceptable use policy applies to all users of, and visitors to, our site. Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use. Our site is operated by The Shoreditch Mask Company Limites (we or us). We are registered in England and Wales under company number 12565330 and we have our registered office at Studio 9, Equity Square, London E2 7EQ.
- We may from time to time provide interactive services on our site, including, without limitation chat rooms or other live chat services (interactive services).
- We will do our best to assess any possible risks for users, however, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
- The use of any of our interactive services by a minor is subject to the consent of their parent or guardian.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole. Contributions must:
- Be accurate (where they state facts)
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another¹s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable Use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our sites.
This acceptable use policy sets out the terms between you and us under which you may access our website www.theshoreditchmaskcompany.com (our site).
This acceptable use policy applies to all users of, and visitors to, our site. Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
Our site is operated by The Shoreditch Mask Company Limited (we or us). We are registered in England and Wales under company number 12565330 and we have our registered office at Studio 9, Equity Square, London E2 7EQ.