Terms + Conditions
USE OF WEBSITE
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
Nicoe Lobegeiger 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
Nicole Lobegeiger 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 Nicole Lobegeiger for and indemnify Nicole Lobegeiger and keep Nicole Lobegeiger indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by Nicoe Lobegeiger as a result of any claim in respect of your use of the Website.
9
Nicole Lobegeiger 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 Nicole Lobegeiger as the context permits.
PURCHASE OF PRODUCTS
If you are purchasing from Nicole Lobegeiger 'Voyage' Bespoke (as defined in Section D(1)) or placing a pre-order for Products from Nicole Lobegeiger 'Voyage''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
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 Nicole Lobegeiger 'Voyage' 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 Nicole Lobegeiger 'Voyage' Distribution and you, will not take place unless and until (i) the Products have been collected from us by Nicole Lobegeiger 'Voyage' Distribution on your behalf pursuant to your delivery contract with Nicole Lobegeiger 'Voyage' Distribution or (ii) in the event that you have elected to collect the Products from a Nicole Lobegeiger 'Voyage' store, the Products have been dispatched for delivery to the relevant Nicole Lobegeiger 'Voyage' store and we have sent you an email confirming that the Products have been dispatched to you or the Nicole Lobegeiger 'Voyage' store (as relevant) ("Dispatch Confirmation"). Please note that the option to collect in store is only available in certain specified countries and from specified Nicole Lobegeiger 'Voyage' stores.
1.3
Orders can also be placed by telephone in English only.
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 Nicole Lobegeiger 'Voyage' Distribution or, in the event that you have elected to collect the Products from a Nicole Lobegeiger 'Voyage' store, the Products have been dispatched for delivery to the relevant store (together with the relevant delivery charges that we collect on behalf of Nicole Lobegeiger 'Voyage' 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 Nicole Lobegeiger 'Voyage' 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
Nicole Lobegeiger 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 Nicole Lobegeiger 'Voyage' 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 Nicole Lobegeiger 'Voyage' Distribution provides delivery of our Products to you. When ordering, you will be offered Nicole Lobegeiger 'Voyage' 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 Nicole Lobegeiger 'Voyage' Distribution can be held responsible if that delivery address is incorrect or incomplete. Please note that Nicole Lobegeiger 'Voyage' Distribution does not deliver to PO boxes. Please note that there are restrictions on the locations to which Nicole Lobegeiger 'Voyage' Distribution delivers Products purchased from the Website. Details of the locations to which Nicole Lobegeiger 'Voyage' Distribution delivers are available from us on request.
Title in the Products will pass to you on the later of:-
(a) the date on which we receive payment in full for such Products; and
(b) the date and time of collection of such Products by Nicole Lobegeiger Distribution on your behalf for delivery to your nominated address
Once a Product has been collected by Nicole Lobegeiger Distribution on your behalf, all risk of damage to, or loss of, the Product shall pass to you. However, the TERMS AND CONDITIONS OF NICOLE LOBEGEIGER 'VOYAGE' DISTRIBUTION contain certain provisions protecting you until such time as Nicole Lobegeiger 'Voyage' Distribution delivers the goods to you..
In the event that a Product is subsequently imported into a country other than the country to which Nicole Lobegeiger 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.
CANCELLATION AND RETURNS
Should you wish to cancel or return any Products, you may only do so in accordance with our RETURNS POLICY.
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)