Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
This page together with our Data Protection Policy tells you information about us and the legal terms and conditions (‘Terms’) on which we sell any of the products (‘Products’) listed on our website (‘our site’) to you.
These Terms will apply to any contract between us for the sale of Products to you (‘Contract’). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in September 2023.
These Terms, and any Contract between us, are only in the English language.
WIN A YEAR OF SHOES INSTAGRAM GIVEAWAY
- This competition is promoted by Sophia Webster Limited (company number 08691217) whose registered office is 109-123 Clifton Street London EC2A 4LD.
- By participating in this promotion, you agree to these terms and conditions.
- The prize draw is open to residents of the United Kingdom only aged 18 years or over except employees of Sophia Webster Ltd, Hardie Grant UK Limited and their close relatives and anyone otherwise connected with the organisation or the competition.
- The prize draw is free to enter but only entrants who submit proof of pre-order of ‘Oh My Gosh I Love Your Shoes’ by Sophia Webster are eligible for the prize
- To participate in the competition, you will need to carry out the following steps:
- Sign up to our emails using the following link.
- Tag a friend in the competition post and share to your story
- You can only enter this competition once and multiple entries will be discarded.
- The competition will close at 23.59 on 4th October 2023.
- Entries received after the closing date or submitted other than in accordance with these rules will not be processed.
- Sophia Webster will not be responsible for lost, late, incomplete, stolen, illegible, or misdirected entries for any reason.
- Sophia Webster will not be responsible for the competition or the prize event not being capable of running as planned or for the non-inclusion of entries. Proof of submission of entry is not proof of receipt of entry.
- Bulk entries made from trade, consumer groups, syndicates or third parties will not be accepted, and we will not accept cheating in any form including the use of macros or other automated means of entry, masking your identity by manipulating IP addresses, using identities other than your own and any other behaviour that falls outside the spirit of the promotion. If you are found to be cheating, you will be excluded.
- The winner will be chosen completely at random; from a list of those who entered as per the above requirements.
- This winner will be announced & contacted via email from Sophia Webster’s customer experience team. Please be aware of fraudsters contacting you using false social media channels – any communication will come from @sophiawebster.
- If the selected winner cannot be contacted, has not fulfilled the steps, or does not respond within the allotted time, such potential winner shall forfeit rights to the prize, and at the discretion of Sophia Webster, an alternate potential winner will be selected.
- The prize is a year of shoes – which is one pair of shoes a month up to the value of £750 or $900 USD or equivalent in respective currencies for ROW from our website www.sophiawebster.com. The promoter will notify the winner on how the prize can be claimed.
- If any of the prizes need to be exchanged for an alternative size, this needs to be requested within 14 days of receipt and subject to the conditions of our returns policy available on our website here. Requests outside of the 14 days’ timeframe or not complying with these terms will not be accepted.
- Styles cannot be exchanged for alternative styles.
- No cash alternative will be offered. The prize is not transferable and may not be purchased, refunded, sold, bartered or otherwise exchanged for value.
- Sophia Webster reserves the right to cancel this promotion, cancel or refuse any individual’s participation in the promotion and decline to accept orders for any reason and in particular if the terms of the competition and other terms referred to therein are not complied with. Sophia Webster shall also have the right, at its sole discretion and at any time, to change or modify these terms and conditions, such change shall be effective immediately upon posting to this webpage.
- In the event of any dispute our decision is final.
- This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network.
- The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. You are providing your information to Sophia Webster Limited and not to any other party. The information provided will be used in conjunction with our Data Protection policy from time to time found at https://www.sophiawebster.com/data-protection-policy
- Unfortunately, if you suffer any loss or damage that arises out of or in connection with the competition or prize itself (whether in contract, tort including, without limitation, negligence, statutory duty or otherwise) Sophia Webster won’t be liable for this.
- These terms and conditions are governed by English Law and shall be subject to the exclusive jurisdiction of the English Courts.
- E-gift cards can be purchased on our UK & US websites with a minimum value of £100 in increments of £100 up to a maximum value of £1000 in the UK. In the US the minimum value is $150 up to a maximum of $1300.
- Gift cards are e-gift cards – no physical card will be given. You will receive all required gift card info in your confirmation email on purchasing the card.
- You can redeem the Sophia Webster gift card on www.sophiawebster.com (our “Website”) as part or full payment for items to be delivered in the UK or US.
- The gift card cannot be used on the Vault. Other exclusions may apply.
- You cannot use an gift card to discharge indebtedness in respect of any amount owed to Klarna, paypal or other third party payment providers used to purchase on our Website.
- Please keep your gift card number private – we cannot reimburse any spend made on the card without your consent.
- The gift card will automatically expire 5 years from purchase unless cancelled sooner in accordance with clause 15 below. Any remaining balance may be forfeit.
- Gift cards cannot be exchanged for cash. We do not give change or refunds on Gift cards.
- If you are using a Gift card online and the total order value is less than the value of the card, any balance will remain on the card and may be applied to future purchases, provided that the card has not expired.
- Where goods you have purchased with an e-gift card are subsequently exchanged for goods of a lower price or returned, monies owing will be refunded to the Gift card. This does not affect your statutory rights.
- We reserve the right to refuse to accept a Gift card which we deem to be tampered with, duplicated or which otherwise is suspected to be affected by fraud.
- You/your recipient will add their gift card to their account using the instructions provided with the card, and can check the remaining balance at any time by visiting the ‘My Account’ section when logged in on our Website.
- We are unable to provide statements for amounts sent on the Gift card.
- We reserve the right to amend the Gift card terms and conditions from time to time, where we consider it reasonable and necessary to do so.
- We reserve the right to remove the gift card programme at any time– in this event, we will notify existing cardholders and any issued gift cards will remain valid for a further 12 months.
SIGN UP TO NEWSLETTER AND mobile GIVEAWAY
Sign up to our newsletter and mobile marketing list to be in with the chance of winning your dream pair of shoes. One winner will be selected per month and will be chosen at random.
1. This competition is open to US and UK residents only.
2. Your entry will be counted by signing up to our newsletter and texts. It will only be possible to receive one entry overall per email address. Repeat subscriptions will not be eligible for an entry.
3. Sophia Webster will not be responsible for lost, late, incomplete, stolen, illegible, or misdirected entries for any reason
4. Sophia Webster will not be responsible for the competition or the prize event not being capable of running as planned or for the non-inclusion of entries. Proof of submission of entry is not proof of receipt of entry.
5. Bulk entries made from trade, consumer groups, syndicates or third parties will not be accepted, and we will not accept cheating in any form including the use of macros or other automated means of entry, masking your identity by manipulating IP addresses, using identities other than your own and any other behaviour that falls outside the spirit of the promotion. If you are found to be cheating, you will be excluded.
6. Following the end of each month when the competition runs, one winner will be selected. The winner will be chosen completely at random; from a list of those who entered as per the above requirements. Please note the winner will be selected at random using a name generator to avoid any biased selection. This winner will be announced & contacted via Sophia Webster’s customer service team.
7. If the selected winner cannot be contacted, or does not respond within the allotted time, such potential winner shall forfeit rights to the prize, and at the discretion of Sophia Webster, an alternate potential winner will be selected.
8. The winner will receive a pair of shoes of their choice from the Sophia Webster website, subject to availability.
9. If any of the prizes need to be exchanged for an alternative size, this needs to be requested within 14 days of receipt and subject to the conditions of our returns policy available on our website here. Requests outside of the 14 days’ timeframe or not complying with these terms will not be accepted.
10. No cash alternative will be offered. The prize is not transferable and may not be purchased, refunded, sold, bartered, or otherwise exchanged for value.
11. Employees of Sophia Webster and their families are excluded from this competition.
12. Sophia Webster reserves the right to cancel this promotion, cancel or refuse any individual’s participation in the promotion and decline to accept orders for any reason and in particular if the terms of the competition and other terms referred to therein are not complied with.
14. In the event of any dispute our decision is final.
15. Unfortunately, if you suffer any loss or damage that arises out of or in connection with the competition or prize itself (whether in contract, tort including, without limitation, negligence, statutory duty or otherwise) Sophia Webster won’t be liable for this
16. These terms and conditions are governed by English Law and shall be subject to the exclusive jurisdiction of the English Courts.
- Promotion codes are non-transferable and there is no cash alternative.
- Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
- Please note the date provided may be extended or amended at any time.
By replying to us or tagging with the hashtag #SWyes on Instagram you agree to the following:
You grant Sophia Webster Limited (“us”) a non-exclusive, royalty-free worldwide license to use any media or content in relation to which you have tagged or responded #SWYes (“Media”), for our marketing and/or in our advertising, including our website, newsletters, email, social media, store materials and other customer communications. We may use, reproduce, distribute, combine with other materials, alter and/or edit your Media.
You hereby represent and warrant that (i) you own all rights in and to the Media, (ii) you have permission from anyone appearing in your Media to grant the rights herein, and (iii) our use of the Media will not violate the rights of any third party or any law. You hereby release and discharge us from all and any obligation to pay you for any use of the Media and any of the intellectual property rights contained in it; and you hereby release, discharge and agree to hold us and any person acting on our behalf harmless from all claims, demands, and liabilities whatsoever in connection with use of the Media.
INFORMATION ABOUT US
1.1 We operate the websites www.sophiawebster.com. We are Sophia Webster LTD, a company registered in England and Wales under company number 08691217 and our registered office and main trading address is Zetland House Unit H, 109-123 Clifton Street, London, United Kingdom, EC2A 4LD. Our VAT number is GB141286037.
Products and Availability
2.1 While we make every effort to ensure that the photographs displayed on our site are faithful reproductions of the original products, including adopting every technological solution possible to minimize inaccuracies, variations may occur due to the technical and colour resolution characteristics of your computer and the handmade nature of the products. Sophia Webster LTD shall not be liable therefore for the eventual inadequacy of the graphic representations of Sophia Webster products displayed on the Site owing to the above mentioned technical and production issues.
2.2 You acknowledge that the products offered by us with the Service are subject to stock limits.
2.3 You may check the availability of any item offered on our site at any time by checking the sizes available. Any size with a line through it has sold out. Inconveniences may occasionally occur regarding the availability of certain products. In such circumstances, we will inform you of this fact as soon as possible (and in any case within the term of delivery as specified below) by e-mail or telephone. We will give you the option to order a different item of the same type or alternatively, to cancel your order. Should you opt to cancel your order no charge will be made to your credit/debit card. In the event that your credit/debit card has already been charged, you will be refunded as soon as possible.
2.4 We reserve the right to change the items offered on our site at any moment, without prior notice.
2.5 We reserve the right to reject orders from any customer with whom there is an ongoing legal dispute regarding a prior order. This applies equally to all cases in which we consider the customer unsuitable, for instance in the case of previous violations of terms and conditions for online purchases on our site or for whatever other legitimate reason, especially where the customer has been involved in irregular activity of any kind
USE OF OUR SITE
3.1 Your use of our site is governed by our:
3.2 Website Terms and Conditions; and
3.3 Data Protection Policy
Please take the time to read these, as they include important terms which apply to you.
HOW WE USE YOUR PERSONAL INFORMATION
5.1 You may only purchase Products from our site if you are at least 18 years old.
5.2 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 will affect these legal rights.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 The order procedure is completed when you select the “Confirm” option. Upon confirmation, your order will be submitted to us for processing and the order may not be changed or cancelled except as expressly provided in these Terms and Conditions or as required by the applicable law.
6.3 Confirmation of your order will be taken as proof of your acceptance of the provisions contained in these Terms and Conditions.
6.4 The data recorded on the Site shall be treated as conclusive evidence of the details of the transactions between you and us. In the event of a dispute relating to a transaction conducted on our site, the data recorded by us shall be treated as legal evidence of the transaction.
OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these Terms from time to time in the following circumstances:
7.1.1 changes in how we accept payment from you;
7.1.2 changes in relevant laws and regulatory requirements; and
7.1.3 Any other reasonable circumstances.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the outset of these Term and Conditions.
YOUR RIGHT OF CANCELLATION
NOTE: This clause 8 only applies if you are a consumer and if you are a UK or European Community citizen. If you are purchasing Products from outside of the European Community please see clause 10 below.
8.1 You have a legal right to cancel a Contract during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product or Products, you can notify us of your decision to cancel the Contract and receive a refund. If you are a UK citizen advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.2 However, this cancellation right does not apply in the case of any made-to-measure or custom-made products and/or products made to your specification or clearly personalised.
8.3 Your legal right to cancel a Contract starts from the date of the order confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Product. Working days means that Saturdays, Sundays or public holidays are not included in this period.
8.4 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to or by sending a letter in either case headed ‘Notice of Contract Cancellation ‘to Sophia Webster LTD, Zetland House Unit H, 109-123 Clifton Street, London, United Kingdom, EC2A 4LD or e-mail us. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
8.5 [If you refuse delivery or if for any other reason delivery of the Product does not occur then the Product will be returned to us by our shipper and we shall assume less you advise us to the contrary that you have cancelled the Contract.]
8.6 We recommend that you insure the return shipment as you are under a duty to take reasonable care of the Product and will be liable for damage to them until we actually receive them at our warehouse. We also recommend that you use a secure, trackable means to return your order to us. Product the subject of cancellation must be shipped to DHL Supply Chain, C/O Sophia Webster, Edison Road, Hams Hall, Birmingham, B46 1DA, United Kingdom. You should retain proof of sending, in case of a dispute.
8.7 Please note that you must cover the cost of the return shipment, as our returns policy does not apply to orders cancelled under the Distance Selling Regulations.
8.8 Product should be returned to us with their original packaging and footwear must be tried on carpeted surfaces only. Product must be unused, unworn and in an unaltered condition. Product must be sent from the country that the order was delivered to.
8.9 Subject to compliance with clause 8.8 above will refund the full value of your order, minus shipping costs, within 30 days of receiving your notice of contract cancellation.
8.10 Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation any time after your order has been placed, up until 7 working days from the day after you received you order, as described above.
NOTE: For the avoidance of doubt if you are ordering Product from outside of the European Union (EU) please carefully read the Note at the beginning of Clause 8 which explains that no right of cancellation applies to you. Your only rights to return Product are set out in this clause 9.
9.1 You must upon receipt immediately check all Product you receive against your order. If the Product you receive is damaged, defective or in any way incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post or e-mail only) as soon as possible but in any case within a reasonable period of time. Product must be returned with its original packaging and footwear must be tried on carpeted surfaces only. Product must be unused, unworn and in an unaltered condition.
9.2 We may also agree to allow any Product not falling within the above to be exchanged once following purchase subject to the requirements set out in clauses 9.3 and 9.4 below.
9.3 To return a product you will need to visit www.sophiawebster.com/returns to book in your return and fill out the form included in your order.
9.4 Any return must be made in a single delivery shipment and any fragmented returns may incur additional costs payable by you to us. It is imperative that you follow our instructions for the return of your items and that all goods are shipped back to us within 14 days of delivery.
9.5 If you have purchased Product from us from outside the EU you are wholly responsible for the payment of all taxes and duties on any supply of Product. We cannot under any circumstances refund such taxes/duties. You must deal with this application directly with the appropriate authority. Additionally any returns of Product from outside the EU, will incur a return shipping charge which shall be deducted by us from your credit/debit card.
9.6 We recommend that you retain proof of sending, in case of a dispute.
9.7 Any refunds given by us will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged or degraded on return.
9.8 Please note card refunds may take up to 10 business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and unfortunately we are unable to influence this.
9.9 This returns policy does not affect your legal and statutory rights.
PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 Our site contains a large number of Products. It is always possible that, despite our efforts to the contrary, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or alternatively you may cancel your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
10.2 UK VAT is applied to all orders shipping to the EU. The prices shown on this website are inclusive of UK VAT.
10.3 Sales made to customers outside of the EU are dealt with in clause 11 below.
INTERNATIONAL SALES AND DELIVERY
11.1 We ship DDU (delivery duty unpaid) to certain destinations outside the EU. Product prices displayed on our website are inclusive of UK VAT. In checking out, if you have selected a country outside the EU to ship to the VAT will be removed from the price during the checkout process. As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you are shipping to; payment of these is necessary to release your order from customs on arrival. We are unable to advise or predict the amount. You alone shall be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
11.2 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 break any such law.
11.3 We are unable to ship certain products outside the EU including products made of or containing CITES restricted materials. We will make an effort to indicate on the product pages if the product will not ship outside the EU. In checking out, based on your shipping destination, you may be blocked from checking out with these products in your cart and you will need to either remove them or change your ship to destination to proceed with your order.
12.1 Your order will be fulfilled by within one working day of receipt. If we receive your order before 16:00 London local time UK, it will be processed and shipped that same working day unless there is an Event Outside Our Control. (This phrase is this defined below). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. Estimated delivery times by country can be viewed here.
12.2 Delivery will be completed when we deliver the Products to the address you gave us.
12.3 Please make sure that the shipping address is correct as we’re unable to change this once an order has been placed.
12.4 Before we can dispatch your order, we may need to confirm your details with your card issuer. We will do our best to keep delays to a minimum.
12.5 We insure each purchase whilst in transit and until it is delivered to you. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by us and transfer of responsibility in the same way.
12.6 DHL and DPD can deliver to certain destinations without obtaining a signature. Please note, that if you choose this option and no signature is collected, either leaving in a safe place or with a neighbour, you agree to our terms and conditions and, confirm that Sophia Webster can leave your package(s) outside the premises at the shipping address provided by you or with a neighbour without obtaining a signature for proof of delivery and take full responsibility for any loss or damage that may occur. On occasion, DHL or DPD may refuse to deliver your order if they are of the opinion that the shipping address is considered to be unsafe.
HOW TO PAY
13.1 You can pay for Products using a debit card or credit card. We accept the following cards: Visa, Visa Debit, Mastercard, Maestro, American Express. We also accept payment via PayPal.
13.2 Payment for the Products and all applicable delivery charges is in advance.
OUR LIABILITY IF YOU ARE A CONSUMER
14.1 This clause 14 only applies if you are a consumer.
14.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
14.3 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4 We do not in any way exclude or limit our liability for:
14.5 death or personal injury caused by our negligence;
14.6 fraud or fraudulent misrepresentation;
14.7 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
14.8 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
14.9 defective products under the Consumer Protection Act 1987.
EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An ‘Event Outside Our Control’ means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.4 we will contact you as soon as reasonably possible to notify you; and
15.5 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
COMMUNICATIONS BETWEEN US
16.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
16.2 If you are a consumer:
16.3 To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by sending an e-mail or by sending a letter to Sophia Webster LTD, Zetland House Unit H, 109-123 Clifton Street, London, United Kingdom, EC2A 4LD in either case headed ‘Notice of Contract Cancellation.’
16.4 OR please contact our Customer Services by e-mail. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
16.5 If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to Sophia Webster LTD, Zetland House Unit H, 109-123 Clifton Street, London, United Kingdom, EC2A 4LD.
16.6 If we have to contact you or give you notice in writing, we will do so by e-mail, by pre-paid post to the address you provide to us in your order, or by phone.
OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of your Contract to the recipient of the gift without needing to ask our consent. You must however tell us in writing (which shall include email) that you have done this.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient by you of your gift of a Product will have the benefit of a Contract made between us and the original purchaser, but neither we nor you will need their consent to cancel or make any changes to these Terms.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
17.8 We will not file a copy of the Contract between us.
18.1 “Content” refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other material that is referenced herein and posted on the internet and/or social media.
18.2 We do not claim any copyrights in the content. However, by agreeing to these terms you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize the content in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction or notification, and without compensating you in any way, and to authorize others to do the same.
18.3 In addition, you grant us the right to include the name provided along with the content submitted by you; provided, however, we shall have no obligation to include such name with our use of such content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with the content that you submit or license to us. You represent and warrant that you have all rights necessary for you to grant the licenses granted herein. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the content that you may have under any applicable law under any legal theory. Finally, you waive any and all claims relating to copyright infringement and/or any invasion or misappropriation of the right of privacy or publicity and warrant that we do not need permission from any other party, including those of parents or other subjects in the content.
18.4 To signify your acceptance and understanding of these terms and to grant Sophia Webster Ltd the rights described above please reply with #sophiawebstergram.