These terms and conditions (together with the information and policies contained in the “Policy" pages on the website and any other documents referred in these terms and conditions) (“Terms and Conditions") set out the legal terms that apply to your use of our website https://mansa-musa.co, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the “Websites" and “Website” being a reference to any one of them) and the other services that we provide (the “Services").
Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.
1) Understanding these Terms and Conditions
When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as ‘defined terms’). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
When we refer to “we", “us" or “our", we refer to the service Mansa Musa. Where we refer to “you" or “your" we mean you, the person using the Services.
We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and the Partners relating to the sale of the products, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).
2) About us
We are Perfection Group Limited, trading as Mansa Musa and we operate the Website. We provide the Services to you through the Website. Further details of the Services we provide are set out in the section below.
When you purchase products using the Website, you are purchasing them from the third party retailers (“Partner(s)") named on the Website. Notwithstanding, we are acting as undisclosed agent/commissionaire on behalf of those Partners, which are the principals according to UK VAT laws. We are authorised by the relevant partners to conclude the contract in our own name but on their behalf. So it is important that you understand that the underlying legal contract for the purchase of the products is between you and the relevant Partner. Further details about the products, the Partners and the contract between you and the Partners in relation to your purchase of the products are set out in the sections below.
3) Our Services
The Services we offer allow you to search through the Website and purchase products from a large number of Partner retailers, services and brands worldwide. We do not procure the payment processing services for any Partner on the Website. As stated above, the contract for the purchase of the products is between you and the relevant Partner. This means that it is the Partner (not us) who is legally responsible for selling the products to you.
We do not provide shipping or delivery logistics services for any Partner on the Website. As stated above, the contract for the purchase of the products is between you and the relevant Partner. This means that it is the Partner (not us) who is legally responsible for shipping or delivery the products to you.
We do not process product returns for any Partner on the Website. As stated above, the contract for the purchase of the products is between you and the relevant Partner. This means that it is the Partner (not us) who is legally responsible for shipping or delivery the products to you.
Through the Website we provide technical facilities for electronic communication with our Partners, and for Partners to services customers. We are not privy to the details between you and any Partner on the Website. We do not act as party to any communication between you and any Partner on the Website.
Your contract with us is concluded once you have initiated a contract for the purchase with any Partner on the website.
In order to use the Services you must be over 18 years of age.
4) MANSA MUSA Partners
MANSA MUSA Partners As explained above, the contract for the purchase of the products is between you and the relevant Partner.
We request that all Partners using the Website have and maintain reasonable business policies which comply with our own business policies. We cannot, however, be responsible for the Partners’ business policies. If you are unhappy with the product or service you have received from a Partner, you should contact us and we will liaise with the relevant Partner on your behalf to try and resolve the issue.
Further information about the Partners and the products they offer is available in our How to Shop page.
5) Our liability to you in relation to the Services If, in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services. We do not in any way exclude or limit our liability for: • (a) death or personal injury caused by our negligence; • (b) fraud or fraudulent misrepresentation; • (c) any other liability which cannot be limited by law.
6) The products We attempt to be as accurate as possible in the description of the products displayed on the Website. However, as the descriptions are based on information provided to us by the Partners (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free. Please contact the Partner if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colours accurately, we cannot guarantee that your computer’s display of the images accurately reflects the true colour of the products.
We do not allow Partners to offer flawed items or products of lower quality than the corresponding market standards for sale on the Website. If an item you have ordered is not as described, is flawed or of a lower quality, you must liaise with the Partner regarding the condition of the item. The agreement for a return or refund is subject to the discretion of the Partner. We are party to the communication between you and the Partner as it relates to the condition of an item, returns or refunds. Any applicable delivery charges and any reasonable costs you incur in returning the products is subject to the agreement made between you and the Partner. As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your Mansa Musa Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
The products sold by the Partners are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. You further agree that you will not export, reexport, or otherwise transfer the products to countries or territories that are the target of comprehensive embargoes or sanctions. Neither we nor the Partners have any liability to you for any loss of profit, loss of business, interruption of business, or loss of business opportunity.
7) Orders, Prices and Payment
By completing the check-out process and placing an order by clicking the “Submit " button on the checkout page, you are offering to purchase the products or services from the relevant Partner (and not directly from us). Your order for the products is subject to these Terms and Conditions which are incorporated into the contract between you and the relevant Partner. All orders are subject to availability and confirmation of the order price, which is determined by the relevant Partner. After entering into the contract for the products with the Partner, the Partner will be under a legal duty to supply you with goods that are in conformity with the contract. Legal title to the product purchased will pass to you upon your payment being accepted. Risk in the product will remain with the Partner until it is delivered to you at the address specified when you placed your order.
To order products you must be over 18 years of age and possess a valid credit or debit card (please see section (c) below for details of acceptable payment methods). By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.
The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, colour, etc.).
(a) Formation of the contract between you and the Partner(s) The identity of the Partner is shown on the order confirmation page when you place an order.
When you place an order, you will receive an email confirming receipt of your order. This email is only an acknowledgement for information purposes and it does not constitute acceptance of your order by the Partner. The contract between you and the Partner in relation to the products will not be formed until when the Partner accepts your order. If your order is accepted, we will send you a confirmation email, which concludes the contract between you and the Partner. The confirmation email will include a description of the products purchased in the order and certain other information about your rights to cancel the contract between you and the Partner (please see section 10 below for further information on your rights to cancel the contract). Only those products listed in the dispatch confirmation email are included in the contract between you and the Partner.
(b) Pricing and availability
Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, as this information is provided to us by the Partners, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you and the Partner, to give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled.
The product prices advertised on the Website are exclusive of VAT regardless of the country in which the Partner is located. Delivery costs are not included in the prices and will be charged in addition. The delivery costs vary depending on the products that you have ordered and your delivery address. Please see the “Shipping Information" section of our Orders and Shipping page for further details. The delivery costs applicable to your order will be clearly displayed at checkout before you place your order (and are included in the “Total Cost" amount shown on the order summary page).
Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from a Partner outside of your territory, you may need to pay import duties upon receipt of the products. It is the responsibility of the Partner to notify you if import duties are included or you may have to pay them upon receipt of the products. If they are not included, neither we nor the Partner have any control over these charges and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes that are not included. Please contact your Mansa Musa customs office for further information and a “landed cost estimate” before placing your order. Additional information is also available in the “Duties and Taxes" section of our Orders and Shipping page.
The processing of payment is subject to the methods and terms defined by the Partner. The payment methods and terms of each Partner are defined on the Partner details page. We do not procure the payment processing services for any Partner on the Website. As stated above, the contract for the purchase of the products is between you and the relevant Partner. This means that it is the Partner (not us) who is legally responsible for selling the products to you.
Delivery is subject to the methods and terms defined by the Partner. The delivery methods and terms of each Partner are defined on the Partner details page. We do not provide shipping or delivery logistics services for any Partner on the Website. As stated above, the contract for the purchase of the products is between you and the relevant Partner. This means that it is the Partner (not us) who is legally responsible for shipping or delivery the products to you.
9) Returns & Refunds
The returns and refunds policy is subject to the methods and terms defined by the Partner. The The returns and refunds terms of each Partner are defined on the Partner details page. We do not process product returns for any Partner on the Website. As stated above, the contract for the purchase of the products is between you and the relevant Partner. This means that it is the Partner (not us) who is legally responsible for shipping or delivery the products to you.
10) Cancelling under the Consumer Contracts Regulations
Depending on where you live, you have a legal right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“CCRs") or equivalent consumer legislation in the UK. This means that, during a certain cancellation period, if you change your mind or for any other reason you decide you do not want to keep the purchased products, you can notify the Partner of your decision to cancel the order. We are not party to, nor do we facilitate, the processing of cancellations. This is an agreement that is made between you and the Partner.
Except in relation to certain types of products as set out in the Returns Policy, you may cancel a contract at any time before your order is delivered.
11) Our Website
This section sets out the rules that apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.
(a) Access to the Website The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.
Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.
We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Partners) satisfy any legal requirement that same communications be in writing.
(b) Your conduct
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
You must not use the Website for any of the following:
In any way that breaches any applicable Mansa Musa, national or international law or regulation. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam". To cause harm, annoyance, inconvenience or needless anxiety to any person.
Breaching these provisions would constitute a criminal offence under the Computer Misuse Act 1990. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them. If you breach any of the Terms and Conditions and/or any Third Party Products and Services’ terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.
The Website may contain services and/or products (including add-ons and applications) offered by third parties other than our Partners (the “Third Party Products and Services”). Your use of these Third Party Products and Services may be subject to additional terms and conditions which we recommend you review before first using such Third Party Products and Services and continue to review for any changes. We disclaim any responsibility or liability for or in connection with your use of any Third Party Products and Services. We reserve the right to suspend, withdraw, terminate and/or amend your access to the Websites and/or Services, including but not limited to Third Party Products and Services, in the event that you breach any Third Party Products and Services’ terms and conditions. Use of Third Party Products and Services is entirely at your own risk.
We make no guarantee that any or all features of the Websites, Services or Third Party Products and Services will work on any particular device.
We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
(e) Our liability in relation to the Website
We may update or change the Website or its contents at any time but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied.
We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.
Please note that we only provide the Website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it. We do not in any way exclude or limit our liability for: 1. death or personal injury caused by our negligence; 2. fraud or fraudulent misrepresentation; 3. any other liability which cannot be limited by law. Different limitations and exclusions of liability will apply to liability arising as a result of our supply of the Services to you (as set out in section 4) and the Partners’ supply of the products to you.
13) Intellectual property, software and content
We are the owner or the licensee of all intellectual property rights in the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) (“Content"). The rights in the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors’ rights and database right laws. All such rights are reserved.
You must not systematically extract and/or re-utilise parts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g. our prices and product listings) without our prior written consent.
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.
14) Ethical sourcing policy
As a reputable and trusted business committed to offering its customers high-quality products, we recognise our obligation to ensure that all Partners and other suppliers are operating ethically. We expect all Partners and other suppliers to consistently provide an environment which protects their employees’ health and safety and basic human rights. All Partners and other suppliers are expected to comply with their national employment laws and regulations with particular regard to: minimum age of employment, freely chosen employment, health and safety, freedom of association and the right to collective bargaining, no discrimination, no harsh or inhumane treatment, working hours, rates of pay and terms of employment. We will never knowingly allow a Partner to offer its products on the Website if such products are sourced from countries which are in breach of these principles. We also look to the Partners and other suppliers to instil these principles when dealing with their own supplier base. Because of the sometimes complex nature of the Partners and other suppliers’ supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of the products. However, as we continue to grow, we recognise the importance of being proactive and doing everything within our power to support the rights of those involved in the manufacture of the products. In order to address the changing needs of our customers, Mansa Musa will not list products made from fur and endangered species on its Website. Fur products are defined as products made entirely from furs or made with fur trims. We also require all exotic skin products listed to have CITES certification and will not allow the listing of exotic skin unless permitted according to CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) and IUCN (International Union for Conservation of Nature).
15) Kidswear policy
The Mansa Musa Kidswear product safety policy sets out guidelines to highlight the types of products that Partners might be restricted to sell via the MANSA MUSA platform due to product safety restrictions. Our policy states that Partners should seek regular independent advice and assurances from the brand/manufacturer/importer from whom the product is purchased to determine whether the goods are permitted to be sold into the country and where applicable, the state, in which the buyer is located. While we work closely with our Partners, it is our Partner’s responsibility to ensure that the goods they sell comply with all applicable product laws and regulations, such as Flammability Standards, Certificates of Compliance and Tracking Labels. Our Customer Service Advisors can liaise with the relevant Partner if you require additional information.
16) Invitation-only Sales
Selected brands only. Invited customers must be signed in to view the offer on the Mansa Musa site. As this is an exclusive event just for you, details must not be shared or advertised in any way, including, but not limited to, on any website, blog, social media account, messaging application, email, word of mouth, etc. Affiliate partners must not promote this event as per network terms and conditions. We reserve all of our rights (including where it is known or suspected you have passed these details on), which may involve suspending your account and/or voiding your transactions for the duration of Sale. We reserve the right to withdraw this offer at any time without notice.
17) Other important information
Severability – Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
Waiver – If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.
Entire agreement – These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
Events outside of our control – We and the Partners will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.
An event outside of our control means any act or event beyond our or the Partners reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
If such an event takes place and it affects the performance of our or the Partners’ obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our and the Partners’ obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.
Complaints – We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our Contact Us page for details of how to get in touch with us.
18) Governing Law and Jurisdiction
Anything related to your order, use of the Websites or these Terms and Conditions are governed by English law. The courts of England shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.