TERMS & CONDITIONS
Welcome to Penelope Chilvers located at www.penelopechilvers.com, which is owned and operated by Penelope Chilvers Limited (‘we’, ‘the Company’, ‘Penelope Chilvers’, ‘our’ or ’us’, as applicable). For further information about our contact details, and us please email our Customer Services Team on email@example.com. Our Site provides information about us, our collections, and also showcases and sells our footwear and accessories (“Products”). You can purchase our Products from the Site and find out information about our current collections and Products.
By using our Site, you confirm that you accept these Terms and the related policies and that you agree to comply with them. Every time you wish to order Products from this Site, please check these Terms and related policies to ensure you understand the Terms and policies, which will apply at that time. These Terms were most recently updated on the date of posting that appears at the top of this page. If you have any queries or concerns regarding these Terms, please contact us at firstname.lastname@example.org.
PROMISES, LIABILITY AND DISCLAIMER
The Site is provided on an “as is” and “information only” basis. To the fullest extent permissible under applicable law, we disclaim any and all promises, warranties, conditions, or representations relating to the Site and its content, whether express, implied, oral or written. In particular:
• We do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on the Site and you should not rely on it being accurate, truthful or complete; and
• By using the Site you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of the Site, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the Internet; and
• We do not make any promises about the availability or accessibility of the Site or promise that your access to the Site, the content on it or the services we provide will be delivered uninterrupted, in a timely manner or error-free; and
• We are not responsible for any data or information uploaded by any users or visitors including any content posted, uploaded or published on the Site. It is your responsibility to make backup copies of any of the content you post, upload or publish on the Site and we strongly recommend that you do so.
You agree that your access and use of the Site and its content is at your own risk. We do not have any knowledge of, or control over, the particular purposes for which the information and content available on the Site is used. The content and information that we make available on the Site is provided for information only. Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on the Site or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on the Site.
We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or operation including transmission arising from your download of any content, software you use to download the content, the Site or the servers that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of the Site is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.
To the extent permitted by law, we, 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:
• 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
Whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
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.
You agree only to use the Site in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including any actions you take which disrupt access to and/or the functioning of the Site) or any liability we incur as a result of the use of the Site by you and any other person that uses your account.
Intellectual Property Rights
All of the content on the Site is owned by (and all copyright, trade mark and other intellectual property rights in that content, shall at all times remain vested in) us or our licensors and is protected by UK and international copyright and other intellectual property laws. All such rights are reserved.
Our content includes any information or other material found on or via the Site, including without limitation text, databases, graphics, videos, photographs, software and all other features found on or via the Site.
We make the Site and our content available through the Site for your personal, non-commercial use only. You may view the Site’s pages and content online and may, where necessary, print individual pages of the Site on paper (but not photocopy them) and store such pages in electronic form on your computer for your non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use any of the content on the Site, other than as expressly permitted under these Terms without our prior written consent. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
To be clear, you are not in any circumstances permitted to:
• Make commercial use of any such content;
• Edit any such content; or
• Remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to, or are contained within, the content.
“PENELOPE CHILVERS” and any other trademarks appearing on our Site, are trademarks of Penelope Chilvers Limited. All rights are reserved. No permission is given
in respect of the use of any of these marks or brands, and any such use may constitute an infringement of the holder’s rights.
General prohibitions on access and use of this Site
You may use the Site only for lawful purposes. You may not use the Site:
• 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;
• For the purpose of harming or attempting to harm minors in any way; or
• To knowingly transmit, send or upload any data or other material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware,
adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of our Terms; Not to access without authority, interfere with, damage or disrupt:
• Any part of the Site;
• Any equipment or network on which the Site is stored;
• Any software used in the provision of the Site; or
• Any equipment or network or software owned or used by any third party.
You shall not carry out data mining, screen scraping or crawling of this Site, its pages or its content or use any process or processes that send automated queries to this Site unless you have obtained our prior written consent.
You acknowledge that you may need to download and activate certain software in order to use certain content provided and sold on the Site. This software will be clearly identified on the Site. In order to use such third-party software or technology, you may have to accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third-party software.
We respect the intellectual property rights of others, and we prohibit users of the Site from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights. It is our policy to comply with clear notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement or a counter-notice, please contact us (email@example.com). Additionally, it is our policy to terminate usage rights and any applicable user accounts of users we determine to be repeat infringers of others’ copyright. Content hosted on third-party websites accessible from this Site is the responsibility of those websites, and not our responsibility. If you are the copyright owner of content hosted on a third-party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.
Every reasonable care and attention has been taken to ensure that all the descriptions and colours of our Products that appear on PENELOPE CHILVERS are accurate. We cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images. All Products shown on the Site are subject to availability.
Will be debited and cleared from your account upon receipt of your order and once the card details have been cleared to ensure the credit/debit card that is being used is yours, or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Penelope Chilvers, we will not be liable for any delay or non-delivery. By accepting these terms and conditions you consent to such checks being made. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. Payment for the Products and all applicable delivery charges is taken in advance.
Severability. If any part of these Terms are found to be unenforceable as a matter of law, all other parts of these Terms will not be affected and shall remain in force. For the avoidance of doubt, should these Terms or any part of them be deemed void or voidable, this shall not affect the validity of any licence provided under these Terms and policies.
Reliance on these Terms. We intend to rely on these written Terms and any document expressly referred to in them in relation to the subject matter of any contract between us. We and you will be legally bound by these Terms.
Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control. In such circumstances including fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, our inability or delay in performing our obligations will not be deemed to be in breach of contract.
References to ‘including’ and other similar expressions. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.
Assignment. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
Waiver. If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.
Exclusion of third party rights. These Terms do not create any right enforceable by any person who is not a party to them (or any contract made under them), except that the provisions of these Terms may be enforced by any of our licensors subject to and in accordance with the Contracts (Rights of Third Parties) Act 1999.
Language. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail. The contract between us will be concluded in English.
Governing law and jurisdiction. Any disputes or claims between us arising out of or in connection with these Terms or any contract made under them (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England and Wales. Any disputes or claims arising shall be subject to the exclusive jurisdiction of the courts of England and Wales. Nothing in this paragraph shall deprive consumers of the right to bring or defend proceedings in their home state nor of the protection afforded to them by the mandatory rules of law of the country in which they live.
CHANGES TO THESE TERMS
We may make changes to these Terms at any time by sending you an email with the modified Terms or by posting a copy of them on the Site. Any changes will take effect 7 days after the date of our email or the date on which we post the modified terms on the Site, whichever is the earlier. If you continue to use the Site after that period has expired, it means that you accept any such changes.
This Site is owned by Penelope Chilvers Limited, a company incorporated in England. The registered office address 69 Duke Street, Mayfair, W1K 5NX
Our registered company number is: 06855823
Phone: 020 8969 2506