We have recently updated our terms and conditions in accordance to the Consumer Rights Directive (CRD). Please click here for more details.
ABOUT OUR TERMS AND CONDITIONS
This page provides information about who we are and the legal terms and conditions that may apply to your use of www.manic-panic.co.uk and any product you order from us.
To help you find the information you are looking for, we have divided these Terms and Conditions into 4 sections. These are:
- View information about Manic Panic
- View our general terms and conditions of sale
In addition to our legal terms and conditions, you may also find it helpful to visit the Help section of our website. Here you will find useful information on our delivery charges, delivery time scales, and returns policy, (as well as helpful information relevant to other questions you may have.
PART A: INFORMATION ABOUT MANIC PANIC
This website is owned and operated by Colour Distribution Ltd whose registered office is at:
Prince Albert House,
Liskeard Business Park,
Our registered VAT number is 160683410.
If you want to ask us anything (whether about our products and services, this website, any of our terms and conditions or otherwise), then please contact us.
The Website Terms apply to your use of the Manic Panic website at www.manic-panic.co.uk (the "Website") and to any order you place on the Website.
The Website Terms apply regardless of how you access the Website, including any technologies or devices by which Manic Panic makes the Website available to you at home, on the move or in store.
You must read these Website Terms carefully, and we recommend that you print and keep a copy for your future reference.
By accessing, browsing, using, registering with, or placing an order on the Website, you confirm that you have read, understood and agree to these Website Terms in their entirety. If you do not agree to these Website Terms in their entirety, please do not use this Website.
YOUR USE OF THIS WEBSITE
You may only use this Website for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website.
You may not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute in any way the web pages or materials on the website or the computer codes or elements comprising the Website other than solely for your own personal or internal business use. You may not use the content of the Website for any commercial purposes whatsoever.
USE OF THIS WEBSITE FROM OUTSIDE THE UK
Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of promoting Manic Panic's products and services available in the UK. However Manic Panic may accept orders for delivery to locations outside of the UK subject to customs, legal, regulatory and certain practical restrictions. Those who choose to access this Website from locations outside the UK or place orders for delivery to locations outside the UK are responsible for compliance with local laws if and to the extent local laws are applicable.
OWNERSHIP OF RIGHTS
All rights, including copyright and other intellectual property rights, in and to this Website are owned by or licensed to Manic Panic.
Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights, or that of third parties, in the Website or its contents. By submitting information (other than your personal data), text, photos, graphics or other content to the website you confirm that you have the right to use the same and grant us a right to use such materials at our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the website.
You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.
GUIDELINES FOR SOCIAL MEDIA & PRODUCT REVIEWS
Please read and understand the below before posting a product review or any other user generated content on our Website or social media sites.
OWNERSHIP OF SUBMISSIONS
SOCIAL NETWORKING SITES
INTELLECTUAL PROPERTY RIGHTS
A disclosure, submission or offer of any Submissions and your agreement to these terms and conditions shall constitute an assignment to Manic Panic of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to our site, including questions, or to make contact with other users of our site or to make Submissions on any Manic Panic related third party website or page, you must comply with the content standards set out below and these terms. Any third-party advertising on Manic Panic pages of third party social networking sites are not the responsibility of, or endorsed by Manic Panic. All rights, including copyright on Manic Panic pages are owned by or licensed to Manic Panic. Any use of any Manic Panic social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission of Manic Panic. By making a Submission you confirm that the Submission is your own and that the content does not infringe the material, trademarks or intellectual property of others.
Any material you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site or any Manic Panic related third party social networking site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website. We have the right to remove any Submissions you make on our Website if, in our opinion, such Submission does not comply with the content standards set out below.
RULES FOR SUBMISSION
You must be 18 years of age or older and registered to post a submission. Suppliers or manufacturers are not eligible to post a submission.
Please be polite and only write in English (or the applicable language for the Manic Panic Website on which you are posting a submission). If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.
Submissions should not include:
- Profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others
- Comments about other reviewers or bloggers
- Remarks that repeat criminal accusations, false, defamatory or misleading statements
- Material which impersonates others or personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers
- Spam or advertising
- Third party brand names or trade marks
- HTML code, computer script or website URLs
- Availability, price or alternative ordering or delivery information
- Information about Manic Panic suppliers or manufacturers
Manic Panic, in its absolute discretion, reserves the right to not publish the Submission or remove it, take any appropriate action if deemed necessary or remove reviews which relate to seasonal products which are no longer in season. Please let us know if you see any Submissions which do not comply with our rules.
ACCURACY OF CONTENT
To the extent permitted by applicable law, Manic Panic disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party.
The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of Manic Panic or any of its group companies.
DAMAGE TO YOUR COMPUTER OR OTHER DEVICE
Manic Panic uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, Manic Panic shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.
LINKS TO OTHER WEBSITES
We have placed links on this Website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, Manic Panic cannot accept any liability in respect of the use of these websites.
EXCLUSIONS OF LIABILITY
We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Website Terms or your use of the Website.
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Manic Panic shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
These exclusions shall be governed by and construed in accordance with English law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Nothing in these Website Terms shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these Website Terms shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.
OTHER LEGAL NOTICES
There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Website Terms govern your use of this Website.
THIRD PARTY RIGHTS
Only you and Manic Panic shall be entitled to enforce these Website Terms. No third party shall be entitled to enforce any of these Website Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These Website Terms set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
LAW, JURISDICTION & LANGUAGE
Any matters that arise out of your use of this Website (including any contract entered between you and us through the Website) shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English.
CHANGES TO THESE WEBSITE TERMS
We reserve the right to change and update these Website Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Website Terms that apply to your use of the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms.
PART C: GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale ("General Terms and Conditions of Sale") apply to any order you place through www.manic-panic.co.uk (the "Website"). These General Terms and Conditions of Sale apply regardless of how you access the Website, including via any technologies or devices by which Manic Panic makes the Website available to You at home, on the move or in store. You must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.
- Opening an account and placing an order
- Acceptance of your order
- Delivery and Collection
- Changes to your order
- Your right to cancel
- Our goodwill refund policy
- Returns to store
- Product and service description
- Age restricted products
- Product guarantees
- Gift cards and online gift certificates/voucher codes
- Assignment, waiver and third party rights
COLOUR DISTRIBUTION LIMITED T/A MANIC PANIC UK
TERMS AND CONDITIONS OF SALE
Construction. In these Conditions, the following rules apply:
1.1.1 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.1.2 A reference to a party includes its personal representatives, successors or permitted assigns.
1.1.3 A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
1.1.4 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
2 BASIS OF CONTRACT
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification submitted by the Customer are complete and accurate.
2.3 The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, at which point the Contract shall come into existence.
2.4 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract.
3.1 The Supplier shall ensure that:
3.1.1 each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant reference numbers of the Customer and the Supplier, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
3.2 The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree ("Delivery Location”) at any time after the Supplier notifies the Customer that the Goods are ready.
3.3 Delivery of the Goods shall be completed on the arrival of the Goods at the Delivery Location.
3.4 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the failure of the Customer to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
3.5 The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
4 SPECIFICATION AND QUALITY
4.1 The Goods are described in the Catalogue of the Supplier.
4.2 The Supplier reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements.
4.3 The Supplier warrants that on delivery the Goods shall:
4.3.1 conform in all material respects with their description;
4.3.2 be free from material defects in design, material and workmanship.
4.4 Subject to clause 4.5, if:
4.4.1 the Customer gives notice in writing to the Supplier within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 4.1;
4.4.2 the Supplier is given a reasonable opportunity of examining such Goods; and
4.4.3 the Customer (if asked to do so by the Supplier) returns such Goods to the place of business of the Supplier at the cost of the Customer
4.4.4 the Customer provides full details of the account number, related Order number, name and address details and details of the Goods and non-conformity
the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
4.5 The Supplier shall not be liable for failure of the Goods to comply with the warranty set out in clause 4.1 in any of the following events:
4.5.1 the Customer makes any further use of such Goods after giving notice in accordance with clause 4.4; or
4.5.2 the defect arises because the Customer failed to follow the oral or written instructions of the Supplier as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same; or
4.5.3 the defect arises as a result of the Supplier following any drawing, design or specification supplied by the Customer; or
4.5.4 the Customer alters or repairs such Goods without the written consent of the Supplier; or
4.5.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
4.5.6 the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements
4.5.7 an unreasonable time has elapsed between delivery and the notification on non-conformity.
4.5.8 the non-conformity relates to a defect or discrepancy in the number of units ordered and delivered which was reasonably apparent on inspection.
4.6 Except as provided in this clause 4, the Supplier shall have no liability to the Customer in respect of the failure of the Goods to comply with the warranty set out in clause 4.1.
4.7 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
4.8 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.
5 TITLE AND RISK
5.1 The risk in the Goods shall pass to the Customer on completion of delivery.
5.2 Title to the Goods shall not pass to the Customer until the earlier of:
5.2.1 the Supplier receives payment in full (in cash or cleared funds) for the Goods and any other goods that the Supplier has supplied to the Customer, in which case title to the Goods shall pass at the time of payment of all such sums; and
5.2.2 The Customer resells the Goods, in which case title to the Goods shall pass to the Customer at the time specified in clause 5.4.
5.3 Until title to the Goods has passed to the Customer, the Customer shall:
5.3.1 store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the property of the Supplier;
5.3.2 not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
5.3.3 maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
5.3.4 notify the Supplier immediately if it becomes subject to any of the events listed in clause 7.2; and
5.3.5 give the Supplier such information relating to the Goods as the Supplier may require from time to time.
5.4 Subject to clause 5.5, the Customer may resell the Goods in the ordinary course of its business (but not otherwise) before the Supplier receives payment for the Goods. However, if the Customer resells the Goods before that time:
5.4.1 it does so as principal and not as the agent of the Supplier; and
5.4.2 title to the Goods shall pass from the Supplier to the Customer immediately before the time at which resale by the Customer occurs.
5.5 If before title to the Goods passes to the Customer the Customer becomes subject to any of the events listed in clause 7.2 then, without limiting any other right or remedy the Supplier may have:
5.5.1 the right to resell the Goods by the Customer or use them in the ordinary course of its business ceases immediately; and
5.5.2 the Supplier may at any time
184.108.40.206 require the Customer to deliver up all Goods in its possession which have not been resold, or irrevocably incorporated into another product; and
220.127.116.11 if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.
6 PRICE AND PAYMENT
6.1 The price of the Goods shall be in pounds sterling and at the price set out in the Catalogue, or, if no price is quoted, the price set out in the published price list of the Supplier in force as at the date of delivery. In the event of a conflict between the prices set out in the online Catalogue and the prices set out in the hard copy Catalogue, the former shall prevail over the latter.
6.2 The Supplier may, by giving notice to the Customer at any time up to 5 Business Days before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
6.2.1 any factor beyond the control of the Supplier (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs); or
6.2.2 any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or
6.2.3 any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions.
6.3 Unless otherwise indicated in the Order, the price of the Goods is exclusive of the costs and charges of packaging, insurance and transport of the Goods, which shall be invoiced to the Customer.
6.4 The price of the Goods is exclusive of amounts in respect of value added tax ("VAT”). The Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Goods.
6.5 The Supplier may invoice the Customer for the Goods on or at any time after the completion of delivery.
6.6 The Customer shall pay the invoice in full and in cleared funds by the end of the month following the month the invoice was dated. Payment shall be made to the bank account nominated in writing by the Supplier. Time of payment is of the essence.
6.7 If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 4% per annum above the base rate of National Westminster Bank PLC from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
6.8 The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Supplier may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.
7 TERMINATION AND SUSPENSION
7.1 If the Customer becomes subject to any of the events listed in clause 7.2, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer.
7.2 For the purposes of clause 7.1, the relevant events are:
7.2.1 the Customer suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;
7.2.2 the Customer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where the Customer is a company) where these events take place for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;
7.2.3 (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Customer, other than for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;
7.2.4 (being an individual) the Customer is the subject of a bankruptcy petition or order;
7.2.5 a creditor or encumbrancer of the Customer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
7.2.6 (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Customer;
7.2.7 (being a company) the holder of a qualifying charge over the assets of the Customer has become entitled to appoint or has appointed an administrative receiver;
7.2.8 a person becomes entitled to appoint a receiver over the assets of the Customer or a receiver is appointed over the assets of the Customer;
7.2.9 any event occurs, or proceeding is taken, with respect to the Customer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 7.2.1 to clause 7.2.8 (inclusive);
7.2.10 the Customer suspends, threatens to suspends, ceases or threatens to cease to carry on all or a substantial part of its business;
7.2.11 the financial position of the Customer deteriorates to such an extent that in the opinion of the Supplier the capability of the Customer to adequately fulfil its obligations under the Contract has been placed in jeopardy; and
7.2.12 (being an individual) the Customer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.
8 LIMITATION OF LIABILITY
8.1 Nothing in these Conditions shall limit or exclude the liability of the Supplier for:
8.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable); or
8.1.2 fraud or fraudulent misrepresentation; or
8.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
8.1.4 defective products under the Consumer Protection Act 1987; or
8.1.5 any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
8.2 Subject to condition 8.1, the Supplier shall not in any circumstances be liable, whether in tort (including for negligence or breach of statutory duty howsoever arising), contract, misrepresentation (whether innocent or negligent) or otherwise for:
8.2.1 loss of profits; or
8.2.2 loss of business; or
8.2.3 depletion of goodwill or similar losses; or
8.2.4 loss of anticipated savings; or
8.2.5 loss of goods; or
8.2.6 loss of use; or loss or corruption of data or information; or
8.2.7 any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
8.3 Subject to clause 8.1, the total liability of the Supplier to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Goods.
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
9.1 Assignment and other dealings.
9.1.1 The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
9.1.2 The Customer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Supplier.
9.2.1 If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
9.2.2 If one party gives notice to the other of the possibility that any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
9.3 Waiver. A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
9.4 Third party rights. A person who is not a party to the Contract shall not have any rights to enforce its terms.
9.5 Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by the Supplier.
9.6 Governing law. The 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), shall be governed by, and construed in accordance with the law of England and Wales.
9.7 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
All rights in respect of trademarks, copyrighted names and intellectual property relating to but not limited to the Manic Panic name, colour names, and images remain the property of Tish and Snooky’s NYC Inc dba Manic Panic.
All products supplied by us are for resale or use by you, in your own retail or wholesale store, salon or website. Sale on third party websites, specifically but not restricted to Amazon and Ebay is not permitted. Customers selling on these platforms on 1/7/2019 shall have 3 months to sell out current stocks.
Customers who have salon only products or salon supply terms shall use best endeavours to ensure that the products are sold to bonafide salon owners and stylists only, and not to the general public.