1
www.burberry.com ("Website") is owned by and/or operated by or on behalf of Burberry Limited ("Burberry/we/us"), with delivery services provided by Burberry Distribution Limited ("Burberry Distribution"). If you have any questions regarding the Website or these terms and conditions, or in the unlikely event that you have any complaints about any products purchased by you from the Website or through any Applications (as defined below), you can contact us at:
Burberry Limited
Horseferry House,
Horseferry Road,
London
SW1P 2AW
United Kingdom
CONTACT US
CUSTOMERSERVICE@BURBERRY.COM
VAT number: 394579394
Registered in England
Registered No: 00162636
1
These terms and conditions and any other policies referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together "Terms") apply to your use of the Website and any other website or application permitting you to place an order with Burberry for any products and services (such websites and applications being the “Applications” for the purpose of these Terms) including all orders submitted by you for any products or services made available by us for purchase over the Website and/or Applications. As the context requires, references to “Website” in these Terms shall also include Applications as applicable. By accessing this Website and/or Applications you agree to these Terms and we therefore advise you to read these Terms carefully and to save or print a copy of these Terms and Conditions for future reference. If you do not agree to these Terms (as they may be changed or updated from time to time), you must cease accessing this Website and all Applications immediately.
2
Please note that these Terms do not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau.
3
You agree that the information you provide when you register on the Website is not misleading, true and accurate in all respects and you will notify our customer service team of any changes to that information.
4
We may change, withdraw, or suspend access to the Website (in whole or part and permanently or temporarily) with or without notice and with no liability to you.
5
The Website may include links to other websites or resources ("Linked Websites"). Burberry has no control over the content of Linked Websites and you agree that, should you access a Linked Website using a link from the Website, Burberry is not responsible for the availability of the Linked Websites, and is not liable in any way for the content of Linked Websites, including (without limitation) any goods or services available from such Linked Websites, other advertising or content on such Linked Websites or the use that such Linked Websites make of your personal information. Furthermore Burberry will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Linked Websites or the content thereon.
6
Burberry may deny you access to the Website at any time in its sole discretion. Examples of when we may so deny you access include but is not limited to where we believe that your use of the Website is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.
7
Any material that you upload to the Website will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such material 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 constitutes a violation of their intellectual property rights or of their right to privacy.
8
Burberry will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Website and you hereby agree to be responsible to Burberry for and indemnify Burberry and keep Burberry indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by Burberry as a result of any claim in respect of your use of the Website.
9
Burberry has the right to remove any material or posting you make on the Website in Burberry's sole discretion.
10
References to ‘We’ in the Customer Service Information refers to Burberry and/or Burberry Distribution as the context permits.
If you are purchasing from Burberry Bespoke (as defined in Section D(1)) or placing a pre-order for Products from Burberry's runway collection, the following Sections C(1) to C(7) below may be superseded by or may apply in addition to specific terms applicable to such Products as set out in Sections D and E below respectively.
1. ACCEPTANCE OF ORDERS
1.1
All information on the Website is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order ("Products") from us on the Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason without liability to you. Examples of when we may not accept your order are as follows:
(a) If products are shown on the Website but are not available or are incorrectly priced or otherwise incorrectly described;
(b) If we are unable to obtain authorisation of your payment;
(c) If you order multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address;
(d) If shipping restrictions may apply to a Product ; or
(e) If the delivery address you give is the address of an entity or individual providing freight forwarding services.
1.2
After submitting an order to us, we will send you an order acknowledgement email with your order number and details of the Products you have ordered from us and details of any delivery services (the "Delivery Services") you have ordered from Burberry Distribution. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of (a) a contract of sale of the Products between us and you and (b) a contract for Delivery Services between Burberry Distribution and you, will not take place unless and until (i) the Products have been collected from us by Burberry Distribution on your behalf pursuant to your delivery contract with Burberry Distribution or (ii) in the event that you have elected to collect the Products from a Burberry store, the Products have been dispatched for delivery to the relevant Burberry store and we have sent you an email confirming that the Products have been dispatched to you or the Burberry store (as relevant) ("Dispatch Confirmation"). Please note that the option to collect in store is only available in certain specified countries and from specified Burberry stores.
1.3
Orders can also be placed by telephone in English, French, Spanish, German, Mandarin, Cantonese, Japanese, Korean, Hungarian, Italian or Portuguese with our Customer Service team: Contact Us. Our Customer Service team act on behalf of Burberry Distribution in respect of any queries about delivery. Where you provide us with an email address, we will follow the process outlined in Section C (1.2). If you have not provided us with an email address, we reserve the right to follow an alternative process, which will be notified to you at the time. In either case, acceptance of your order and the formation of a contract of sale between us and you will not take place unless and until (i) the Products have been collected from us by Burberry Distribution on your behalf pursuant to your delivery contract with Burberry Distribution or (ii) in the event that you have elected to collect the Products from a Burberry store, the Products have been dispatched for delivery to the relevant Burberry store.
1.4
When placing an order for the first time, you will be required to register with us and complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Website, such as the My Account section of the Website ("Secure Access"). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorised use of the Secure Access or if the Secure Access becomes available to an unauthorised party. Without prejudice to our other rights and remedies, we may suspend your access to the Website without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Website.
1.5
In the event prolonged inactivity causes your connection to the Website to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Please note that items in your shopping basket and on your wishlist are not reserved and may be purchased by other customers.
1.6
Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.
1.7
You will only be charged for products when they have been collected from us on your behalf by Burberry Distribution or, in the event that you have elected to collect the Products from a Burberry store, the Products have been dispatched for delivery to the relevant store (together with the relevant delivery charges that we collect on behalf of Burberry Distribution and any card processing charges).
1.8
While all the Products sold through the Website will always correspond with their description, variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view the Website may mean that the colours, fabrics and designs of the Products displayed on the Website and the Products delivered to you may differ in appearance in minor respects.
1.9
We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing freight forwarding services. In the event that we do accept any order and we subsequently become aware that the corresponding delivery address for such order is that of an entity or individual providing freight forwarding services, we shall be entitled to cancel such order upon notice to you by email or telephone.
2. PRICES
2.1
All prices of Products on the Website are the price for the Products only. They include any VAT payable. However, they do not include the charge by Burberry Distribution to you for delivery. Find out more about DELIVERY CHARGES
2.2
We endeavour to ensure that all pricing information on the Website is correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product's correct price is lower than the price stated on the Website, subject to our right to refuse an order pursuant to Section C 1.1(a), we will charge the lower amount and send you the Product. If a Product's correct price is higher than the price stated on the Website, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price.
2.3
Burberry may vary the prices of Products listed on the Website at any time and without any notice but such changes will not apply to Products in respect of which you have been sent a Dispatch Confirmation.
2.4
Please note that in some countries additional duties may be payable to your local tax authorities on receipt of your delivery. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
3. PAYMENT TERMS
3.1
The total cost of your order will be the purchase price for the Products (which you pay to us) plus any delivery charges (which we receive on behalf of Burberry Distribution from you). Find out more about DELIVERY CHARGES.
3.2
More information about the payment methods that we accept, and details of when an order will be charged to your account can be found in our PURCHASING & PAYMENT SECTION.
3.3
Please note that we accept payment in the payment currency specified for your country in our PURCHASING & PAYMENT SECTION.
3.4
You confirm that the credit/debit card that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate . You further confirm that the credit/debit card is valid and the inputted payment details correct. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
3.5
We are not responsible for any charges or other amounts applied by your card issuer or bank as a result of our processing of your credit/debit card payment in accordance with your order.
3.6
If your credit/debit card is not denominated in the currency of your purchase indicated on the Website, the final price may be charged in the currency of your card. Such final price is calculated and charged by your card issuer or bank and therefore we shall not be responsible for any cost, expense, charge or other liability incurred or suffered by you as a result of your card issuer charging you in a currency other than the currency set out on the Website.
4. INVOICING
4.1
Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
5. DELIVERY, TITLE AND RISK
5.1
We do not currently deliver Products, but our delivery partner Burberry Distribution provides delivery of our Products to you. When ordering, you will be offered Burberry Distribution's Delivery Service once you reach the delivery address details page. Orders will be sent to the delivery address that you have given on your order form. Neither we nor Burberry Distribution can be held responsible if that delivery address is incorrect or incomplete. Please note that Burberry Distribution does not deliver to PO boxes. Please note that there are restrictions on the locations to which Burberry Distribution delivers Products purchased from the Website. Details of the locations to which Burberry Distribution delivers are available from us on request.
5.2
If you have selected Burberry Distribution's UK Next Day service, provided your order has been submitted to us before 1pm on the previous working day, Burberry Distribution will despatch your order in time for a next working day delivery (provided your order has been accepted by us). If you have selected Burberry Distribution's European delivery, your order will be delivered by Burberry Distribution in 1-2 working days. For these purposes, a working day means any day in which banks are open for business in London, other than Saturdays and Sundays. Where you have selected Burberry Distribution's Next Day service, your sole remedy for any failure by Burberry Distribution to despatch your order in time for a next working day delivery shall be your right to cancel the relevant order and receive a full refund of any monies paid to us and to Burberry Distribution in respect of that order.
5.3
Title in the Products will pass to you on the later of:-
5.4
Once a Product has been collected by Burberry Distribution on your behalf, all risk of damage to, or loss of, the Product shall pass to you. However, the terms and conditions of Burberry Distribution contain certain provisions protecting you until such time as Burberry Distribution delivers the goods to you. Notwithstanding the foregoing, in the event that you elect to collect your Product from a Burberry store, all risk of damage to, or loss of, the Product shall pass to you upon the collection of such Product by you or by a third party on your behalf from the Burberry store.
5.5
We shall be entitled to supply the Products in instalments and each instalment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.
5.7
In the event that a Product is subsequently imported into a country other than the country to which Burberry Distribution delivered the Product or of the store from which you collected the Product, you shall be responsible for complying with all local import requirements, laws, regulations and rules and paying all import taxes and duties as may be applicable in respect thereof.
6. CANCELLATION AND RETURNS
6.1
Should you wish to cancel or return any Products, you may only do so in accordance with our Cancellation & Returns Policy. This Cancellation & Returns Policy does not affect your statutory rights as a consumer including your rights under the Consumer Protection (Distance Selling) Regulations 2000 ("Regulations"). For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau.
6.2
Where you return a Product under the Regulations we will issue you with a full refund but you will need to return the Product at your own cost (if you have already received the Product)
6.3
Please note that you will not be entitled to cancel or return a Bespoke Trench (as defined in Section D(2) below) other than in accordance with your statutory rights pursuant to Section D (11).
7. AGE REQUIREMENTS
7.1
If you order a Product to which a minimum age requirement applies, by ordering that Product you confirm that you are of the required age. If we reasonably believe that you are not legally entitled to order a Product, we reserve the right to cancel your order.
1
The Burberry Bespoke Terms in this Section D apply to your use of the Burberry Bespoke areas of this Website (“Burberry Bespoke”) and any purchase of a Bespoke Trench (as defined below in section D(2)) and apply in addition to, and in the event of any conflict take precedence over, the Terms set out in sections C(1) to C(7). In all other respects Sections C(1) to C(7) of the Terms continue to apply in full force and effect.
Creating your Bespoke Trench
2
You will be required to select from a number of different options provided by Burberry in order to create a trench coat to your specification (your “Bespoke Trench”).
3
You hereby acknowledge Burberry’s sole and exclusive right title and interest in any and all intellectual property rights in your Bespoke Trench and/or User Content and you further acknowledge and agree that all copyright, design rights and other rights of a similar nature in any jurisdiction in your Bespoke Trench(es) shall belong to Burberry and that you hereby undertake to execute, or arrange to have executed, any and all documentation required to vest all such rights in and to Burberry if and when required by Burberry. To the extent that any such intellectual property rights in the Bespoke Trench(es) and User Content do not vest in Burberry by operation of law, you shall assign the same to Burberry with full title guarantee to Burberry upon their creation, or where possible hereby assign the same to Burberry with full title guarantee by way of a present assignment of future rights. To the extent such transfer is not valid you grant Burberry an exclusive, perpetual, royalty-free, fully paid-up licence to use the design of your Bespoke Trench and/or User Content for any purpose whatsoever.
4
You agree that you shall have no claim against Burberry or any other party in the event that a Bespoke Trench that is the same or similar to your Bespoke Trench is designed, used, or created by Burberry or any other person or made available to the public.
5
Bespoke Trenches are always tailored according to the sizing chosen by you from the sizing charts. Furthermore, Bespoke Trenches made from different rolls of fabric or batches of raw materials may deviate slightly in shade or finish due to normal variations in the dyeing or manufacturing process.
6
In some cases, Burberry may decline your order on the basis of the design of the Bespoke Trench you have created. Notwithstanding this, Burberry does not have any obligation to review, comment on or decline any Bespoke Trench design submitted for purchase.
Sharing your Bespoke Trench
7
When you create your Bespoke Trench You will also be given the option to ‘Give your Trench a name’. You shall ensure that any name you give to a Bespoke Trench (the “Name”) does not infringe the rights of any third party and you hereby agree to be responsible to Burberry for and indemnify Burberry and keep Burberry indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by Burberry as a result of any third party claim that your Name infringes its rights. Without prejudice to the foregoing, Burberry reserves the right to reject or remove any Name in Burberry’s sole discretion. Examples of when Burberry may reject a Name are where your Name contains trademarks of third parties that you do not have the right to use or contains material that we do not want to associate with our Products.
8
You will also be given the option to share your Bespoke Trench and any ideas, graphics, designs, questions, text and other information and content with others by posting it on selected networks and/or websites, including without limitation the Website, or sending it by email (“User Content”). You agree that you shall not post any User Content that: (i) is defamatory, malicious, threatening, false, misleading, offensive, abusive, discriminatory, harassing, blasphemous or racist; (ii) is a breach of confidentiality or someone's privacy; (iii) is indecent, obscene or of a sexual nature; (iv) is likely to cause someone alarm, anxiety or distress or encourage violence or racial or religious hatred; (v) infringes any intellectual property rights, such as copyright and trade marks; (vi) advertises any product or services; (vii) impersonates anyone else or otherwise misrepresents your identity, affiliation or status; (viii) could prejudice any active legal proceedings of which you are aware; (ix) is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, corrupted data or other malicious or harmful software, data, components or conduct); (x) is, encourages or teaches conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful; or (xi) is in breach of these Terms.
9
You acknowledge and agree that Burberry is not liable for any User Content. Please note that we do not check, monitor, moderate or see all the User Content. People and products not connected to Burberry may appear, or may be referred to in the User Content. This does not imply that any individual or company is commercially connected to us, e.g. via an endorsement contract. Notwithstanding the foregoing, Burberry has the right to monitor USer Content and to remove any User Content it deems in its sole discretion to be in breach of these Terms or otherwise inappropriate for the Website. Burberry does not guarantee that it will investigate all complaints that any User Content breaches these Terms or is otherwise inappropriate for the Website but will endeavour to do so without obligation.
Receiving your Bespoke Trench
10
Please note that the delivery options offered set out in section C(5.2)of the Terms and the option to collect Products in store shall not apply to orders of Bespoke Trenches.
11
If you order a Burberry Bespoke Trench please note that, as such Bespoke Trench has been made to your specification, in accordance with our Cancellation & Returns Policy you will not be entitled to: (a) cancel such Burberry Bespoke Product pursuant to the Regulations; (b) return such the Bespoke Trench other than in accordance with your statutory rights. Further details of our Cancellation & Returns Policy can be accessed clicking here.
12
After submitting an order to us, we will send you an order acknowledgement email with your order number and details of the Bespoke Trench(es) you have ordered from us and details of the delivery services you have ordered from Burberry Distribution (the “Order Acknowledgement”). Please note that this email is an acceptance of your order. For the avoidance of doubt, the provisions of section C(1.2) of the Terms shall not apply.
13
The Order Acknowledgement shall set out an estimated shipping date for your Bespoke Trench(es) and Burberry Distribution shall despatch such Bespoke Trench(es) from Burberry’s premises within two (2) weeks of such estimated shipping date. Find out more about estimated transit times at Shipping Destinations & Transit Times.
14
You agree that if you order a Bespoke Trench you will be charged at the time that you submit your order. For the avoidance of doubt the provisions of section C(1.7) of the Terms shall not apply.
1
The Terms in this Section E apply to any purchase of Runway Product (as defined below in Section E(2)) and apply in addition to, and in the event of any conflict take precedence over, the Terms set out in Sections C(1) to C(7). In all other respects sections in Sections C(1) to C(7) of the Terms continue to apply in full force and effect.
2
From time to time we may invite you to pre-order Products from our runway collection ("Runway Product"). In the event that we do so please note that the delivery options offered on Burberry.com and set out in Section C(5.2)of the Terms and the option to collect Products in store shall not apply to orders of Runway Products. Please allow a minimum of 8 weeks for delivery of any such Runway Product.
3
You agree that if you order a Runway Product you will be charged at the time that the Runway Product is shipped by Burberry Distribution to you. Notwithstanding the foregoing, your credit/debit card account may reflect the deduction of the purchase price immediately upon placing the order. For the avoidance of doubt the provisions of Section C(1.7) of the Terms shall not apply.
1. INTELLECTUAL PROPERTY
1.1
All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Website (the "Content"), is either owned or licensed by Burberry, and is protected by applicable copyright laws and treaties around the world. All such rights are reserved.
1.2
The "Burberry" trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our Products, Website, accessories or packaging, whether registered or not (the "Trade Marks"), are and remain the exclusive property of Burberry and/or its licensors and are protected by applicable trade mark laws and treaties around the world. All such rights are reserved.
1.3
All other intellectual property rights (including, without limitation, registered or unregistered designs, copyrights and patents) in or related to the Website, the products depicted and/or available on the Website and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Website (the "Intellectual Property Rights") are and shall remain the exclusive property of Burberry and/or its licensors and such Intellectual Property Rights are protected by applicable intellectual property laws and treaties around the world. All such rights are reserved.
1.4 Limited Licence
Subject to the terms herein, we grant you a revocable, and non-exclusive licence to access and make personal use of the Website limited such that it does not include the right to:
(a) use the Website in any way which may prejudice or damage the reputation of Burberry;
(b) use the Website for any commercial or business purposes. The Website is for your personal use only;
(c) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
1.5
Burberry may terminate the limited licence set forth in this Section at any time in its sole discretion without prejudice to any other remedy we may have against you pursuant to applicable law for any breach of these Terms.
2. CONTENT
1
Burberry endeavours to ensure that the information posted by it on the Website is accurate and complete. Burberry does not, however, guarantee that the Content or any other information available on the Website is accurate and/or error free, Burberry does not promise that the functionality of the Website or Content will be error free or that the Website, Content or the server that makes it available are free of viruses, malicious code or other components which are potentially harmful. Burberry recommends that all users of the Internet ensure they have up to date virus checking software installed.
3. EXCLUSION OF WARRANTIES
1
This Section F(3) does not affect your statutory rights as a consumer and, in respect of the Products, does not exclude or limit in any way our liability for breach of the statutory implied conditions in sections 13, 14 and 15 of the Sale of Goods Act 1979 relating to good title, no encumbrance and quiet possession, correspondence with description, satisfactory quality, fitness for purpose and correspondence with sample. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau.
2
SUBJECT TO THE PRECEDING PARAGRAPH TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BURBERRY AND BURBERRY DISTRIBUTION DISCLAIM AND EXCLUDE ALL OTHER TERMS, CONDITIONS AND WARRANTIES IN RELATION TO THE PRODUCTS AND SERVICES WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE OR ARISING FROM ANY PREVIOUS COURSE OF DEALING OR USAGE OR TRADE PRACTICE.
4. LIMITATIONS OF LIABILITY
1
Nothing in these Terms limits or excludes our liability: (i) for death or personal injury caused by negligence; (ii) for fraudulent misrepresentation; (iii) under Section 2(3) of the Consumer Protection Act 1987; or (iv) for any other liability which cannot be limited or excluded by applicable law.
2
Subject to Section F(4.1) above, we will not be liable, whether in contract, in tort (including, without limitation, negligence), or otherwise arising out of or in connection with these Terms for any:
(a) economic losses (including, without limitation, loss of revenues, data, profits, contracts, business or anticipated savings); or
(b) loss of goodwill or reputation; or
(c) special or indirect losses suffered or incurred by you arising out of or in connection with these Terms.
3
Subject to Sections F(4.1) and F(4.2) the aggregate liability under these Terms of Burberry whether arising under contract, tort (including negligence) breach of statutory duty or otherwise shall in no event exceed 100% of the price of the Product you have ordered from Burberry.
This section F(4) does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau.
5. DATA PROTECTION
1
By placing an order you agree and understand that we may store and process your personal data in accordance with our Privacy Policy. Burberry fully respects the privacy of individuals who access and use the Website. For details on the manner in which we use cookies, the type of information we collect, how we use your information and under what circumstances we disclose information please see our Privacy Policy.
6. ASSIGNMENT, SUBCONTRACTING ETC
1
We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
7. AMENDMENTS TO THESE TERMS
1
We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products in question from us.
8. EVENTS BEYOND OUR REASONABLE CONTROL
1
Neither we nor Burberry Distribution will be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.
9. SEVERANCE
1
Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.
10. GOVERNING LAW AND JURISDICTION
1
These Terms and all transactions relating to the Website are governed by English law and you, and we, hereby submit to the non-exclusive jurisdiction of the English courts.
11. BURBERRY EMPLOYEES
1
Burberry Employees ordering products from the Website, and who are entitled to staff discount, agree that they have read and adhere to the terms and conditions of the Burberry Global staff discount policy. Employees with any questions about this discount policy please contact your HR department.
12. ENTIRE AGREEMENT
12.1
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.
12.2
We each acknowledge that, in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty ("Representations") of any person (whether a party to that contract or not) other than as expressly set out in these Terms.
12.3
Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.
13. WRITTEN COMMUNICATIONS
13.1
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This section does not affect your statutory rights.
14. NOTICES
14.1
All notices given by you to us must be sent to Burberry at Horseferry House, Horseferry Road, London, SW1P 2AW, United Kingdom or customerservice@burberry.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in section F(13) above. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. WAIVER
15.1
If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2
A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Section F(14) above.
1. INTRODUCTION
Burberry Distribution Limited ("Burberry Distribution/we/us") provide delivery services to you ("Delivery Services") for products you have purchased from Burberry Limited ("Burberry") on websites or applications which permit you to place orders with Burberry (each such website and application being a "Web Store" for the purposes of these Terms (as defined below at paragraph 2(1)), which is owned by and/or operated by or on behalf of Burberry Limited In the unlikely event that you have any complaints about our Delivery Services, you can contact us at:
Burberry Distribution Limited
c/o Burberry Limited
Horseferry House,
Horseferry Road,
London
SW1P 2AW
United Kingdom
VAT number: GB992.8112.93
Registered in England
Registered No: 07230722
2. SCOPE
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These terms and conditions and any other policies referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together "Terms") apply to all orders submitted by you for our Delivery Services. Please read the Terms carefully.
Please note that these Terms do not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau.
2
Please save or print a copy of these Terms and Conditions for future reference.
3
Delivery services provided to you by Burberry Distribution may be referred to as “shipping”, “express courier” or such other similar term. In all cases, Burberry Distribution carries out such services.
4
References to ‘We’ in the Customer Service Information refers to Burberry and/or Burberry Distribution as the context permits.
3. ACCEPTANCE OF ORDERS
1
You agree that your order is an offer to purchase the Delivery Services listed in your order from us on the Terms. All orders for Delivery Services submitted by you are subject to acceptance by us. We may choose not to accept your order for any reason without liability to you.
2
After submitting an order, Burberry will send you an order acknowledgement email with your order number and details of the products you have ordered from Burberry (the "Products") and details of the Delivery Services you have ordered from us. Please note that this email is an acknowledgement that Burberry has received your order and is not an acceptance of your order. Acceptance of your order and the formation of (a) a contract of sale for the Products between Burberry and you and (b) a contract for Delivery Services between us and you, will not take place unless and until the Products have been collected from Burberry by us on your behalf pursuant to your delivery contract with us.
3
Orders can also be placed by telephone in English, French, Spanish, German, Mandarin, Cantonese, Japanese, Korean, Hungarian, Italian or Portuguese with Burberry's Customer Service team CONTACT US. Burberry's Customer Service team act on behalf of us in respect of any queries about delivery. Where you provide us with an email address, we will follow the process outlined in Clause 3.2. If you have not provided Burberry with an email address, Burberry reserves the right to follow an alternative process, which will be notified to you at the time. In either case, acceptance of your order and the formation of (a) a contract of sale of the Products between Burberry and you and (b) a contract for Delivery Services between us and you,will not take place unless and until the Products have been collected from Burberry by us on your behalf pursuant to your delivery contract with us.
4. PRICES
1
You agree that if you order a Runway Product you will be charged at the time that the Runway Product is shipped by Burberry Distribution to you. Notwithstanding the foregoing, your credit/debit card account may reflect the deduction of the purchase price immediately upon placing the order. For the avoidance of doubt the provisions of Section C(1.7) of the Terms shall not apply.DELIVERY CHARGESsection. They include any applicable VAT payable. Find out more about DELIVERY CHARGES
2
We endeavour to ensure that all pricing information on Web Stores is correct. Occasionally, however, an error may occur and our Delivery Services may be mispriced. If the correct price of our Delivery Services is lower than the price stated on the Web Store, we will charge you the lower amount and provide the Delivery Services. If the correct price of our Delivery Services is higher than the price stated on the relevant Web Store, Burberry will, at its discretion and on our behalf, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Delivery Services to you at an incorrect price.
3
We may vary the prices of our Delivery Services listed on a Web Store at any time and without any notice.
4
From time to time, Burberry Distribution will offer a promotion in conjunction with Burberry where delivery charges are reduced, in some cases to zero. The delivery charge will be included in the Order Summary but the promotional discount will be netted against this charge. In such cases you continue to contract with Burberry Distribution for the delivery services and all other conditions apply.
5. PAYMENT TERMS
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The cost for our Delivery Services will be itemised on the order acknowledgement issued by Burberry. Burberry receives the delivery charge on our behalf from you. Find out more about DELIVERY CHARGES.
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More information about the payment methods that Burberry accepts, and details of when an order will be charged to your account can be found in the Shopping FAQs section.
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Please note that Burberry accepts payment in the payment currency specified for your country in our DELIVERY CHARGES section
4
You confirm that the credit/debit card that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate . You further confirm that the credit/debit card is valid and the inputted payment details correct. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
5
We are not responsible for any charges or other amounts applied by your card issuer or bank as a result of our processing of your credit/debit card payment in accordance with your order.
6
If your credit/debit card is not denominated in the currency of your purchase indicated on the Web Store, the final price may be charged in the currency of your card. Such final price is calculated and charged by your card issuer or bank and therefore we shall not be responsible for any cost, expense, charge or other liability incurred or suffered by you as a result of your card issuer charging you in a currency other than the currency set out on the Web Store.
6. INVOICING
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Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
7. DELIVERY, TITLE AND RISK
If you are placing an order on the Burberry Bespoke area of this Website for a Bespoke Trench or you are placing an order for Products from Burberry’s runway collection, the following sections may be superseded by or may apply to in addition to specific terms applicable to such products as set out in sections D and E of the Burberry Limited Terms and Conditions respectively.
1
We (Burberry Distribution) provide delivery to you. When ordering, you will be offered our delivery service once you reach the delivery address details page. Orders will be sent to the delivery address that you have given on your order form. Neither we nor Burberry can be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes. Please note that there are restrictions on the locations to which we deliver Products purchased from a Web Store. Details of the locations to which we deliver are available from us on request.
2
If you have purchased Burberry Distribution's UK Next Day service, provided your order has been submitted to us before 1pm on the previous working day, we will deliver your order the next working day. If you have purchased our European delivery, your order will be delivered by us in 1-2 working days. For these purposes, a working day means any day in which banks are open for business in London, other than Saturdays and Sundays. Where you have purchased our Next Day service, your sole remedy for any failure by us to despatch your order in time for a next working day delivery shall be your right to cancel the relevant order and receive a full refund of any monies paid to us and to Burberry in respect of that order.
3
Title in the Products will pass to you on the later of:-
(a) the date and time on which Burberry receives payment in full for such Products; and
(b) the date and time when we collect such Products on your behalf from Burberry for delivery to your nominated address.
4
We shall be liable to you for any damage to the Product that occurs between the time that we collect such Product on your behalf from Burberry and the time at which we deliver such Product to you
5
In the event that a Product is subsequently imported into a country other than the country to which we delivered the Product, you shall be responsible for complying with all local import requirements, laws, regulations and rules and paying all import taxes and duties as may be applicable in respect thereof.
8. INTELLECTUAL PROPERTY
1
All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on Web Stores (the "Content"), is either owned or licensed by Burberry, and is protected by applicable copyright laws and treaties around the world. All such rights are reserved.
2
The "Burberry" trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on the Products, Web Stores, accessories or packaging, whether registered or not (the "Trade Marks"), are and remain the exclusive property of Burberry and/or its licensors and are protected by applicable trade mark laws and treaties around the world. All such rights are reserved.
3
All other intellectual property rights (including, without limitation, registered or unregistered designs, copyrights and patents) in or related to Web Stores, the products depicted and/or available on Web Stores and any accessories, stationery, packaging or ancillary items connected to such products, your order or any Web Store (the "Intellectual Property Rights") are and shall remain the exclusive property of Burberry and/or its licensors and such Intellectual Property Rights are protected by applicable intellectual property laws and treaties around the world. All such rights are reserved.
9. EXCLUSION OF WARRANTIES
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BURBERRY DISTRIBUTION DISCLAIMS AND EXCLUDES ALL OTHER TERMS, CONDITIONS AND WARRANTIES IN RELATION TO ITS DELIVERY SERVICES WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE OR ARISING FROM ANY PREVIOUS COURSE OF DEALING OR USAGE OR TRADE PRACTICE.
This Clause 9 does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau.
10. LIMITATIONS OF LIABILITY
1
Nothing in these Terms limits or excludes our liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation, or (iii) any other liability which cannot be limited or excluded by applicable law.
2
Subject to Clause 10.1 above, we will not be liable, whether in contract, in tort (including, without limitation, negligence), or otherwise arising out of or in connection with these Terms for any:
(a) economic losses (including, without limitation, loss of revenues, data, profits, contracts, business or anticipated savings); or
(b) loss of goodwill or reputation; or
(c) special or indirect losses suffered or incurred by you arising out of or in connection with these Terms.
This Clause 10 does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau.
11. ASSIGNMENT, SUBCONTRACTING ETC
1
We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
12. AMENDMENTS TO THESE TERMS
1
We reserve the right to make changes to these Terms at any time. You, and any contract between us, will be subject to the version of these Terms in force at the time you order the Delivery Services in question from us.
13. EVENTS BEYOND OUR REASONABLE CONTROL
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We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.
14. SEVERANCE
1
Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.
15. GOVERNING LAW AND JURISDICTION
1
These Terms and all transactions relating to Web Stores are governed by English law and you, and we, hereby submit to the non-exclusive jurisdiction of the English courts.
Customer Service for Burberry and Burberry Distribution: CONTACT US
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