TERMS AND CONDITIONS OF SUPPLY
We are All Saints Retail Limited a company registered in England and Wales under company number 04096157 and with our registered office at Units C15-C17 Jacks Place, 6 Corbet Place, London, E1 6NN. Our VAT number is 108 2760 27. We operate the website www.allsaints.com (our website or site).
All Saints Retail Limited are committed to providing you with Terms which are easy to understand and which are fair to you. Your statutory rights are not affected by anything contained in these Terms. For more information on your legal rights, contact your local Trading Standards Office or Citizens Advice Bureau or any equivalent organisation in your country (if any).
These Terms will apply to any contract between us for the sale of Goods to you (Contract). Before ordering any Goods from our site please read these Terms carefully and make sure that you understand them. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Goods from our site.
You should print a copy of these Terms for future reference. The Terms will also be made available for you to download when we send you the Dispatch Confirmation (defined below).
We amend these Terms from time to time as set out in clause 5. Every time you wish to order Goods, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 30 June 2014.
These Terms, and any Contract between us, are only in the English language.
"We"/"us"/"AllSaints" means All Saints Retail Limited, the seller of the Goods. "You"/"your"/"customer" means the customer acting as a consumer. "Dispatch Confirmation" means the date on which we e-mail you to confirm our acceptance of your order and dispatch of the Goods. "Goods"/"Item" means the items which we agree to sell you.
2.0 USE OF OUR SITE
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
3.0 HOW WE USE YOUR PERSONAL INFORMATION
4.0 CONTACTING US
4.1 If you are a customer based in the EU and wish to cancel a Contract in accordance with your legal right to do so please see clause 8.
4.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by:
(a) telephoning our Customer Experience Team on 0844 980 2211.
(b) e-mailing us at firstname.lastname@example.org.
4.3 If we have to contact you or give you notice in writing, we will do so by e-mail, by telephone or by pre-paid post to the address you provide to us in your order.
5.0 TERMS OF SALE AND OUR RIGHT TO VARY SUCH TERMS
5.1 These Terms shall apply to all Contracts for the purchase of Goods by you from us, to the exclusion of all other terms and conditions which you may purport to apply under any sales offer or purchase order. These Terms supersede all previous agreements and understandings between us.
5.2 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
5.3 Every time you order Goods from us, the Terms in force at the time of your order will apply to the Contract between you and us.
5.4 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
5.5 If we have to revise these Terms between the time you place your order and when we send you Dispatch Confirmation, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Goods or just the Goods you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
6.0 PLACING AND ORDER
6.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
6.2 All orders are subject to acceptance and availability. When placing an order you undertake that you are at least 18 years old, that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the Goods.
6.3 After you place an order, you will receive an order confirmation email from us acknowledging that we have received your order. This email is not an acceptance of your order, just a confirmation that we have received your order. Our acceptance of your order will take place as described in 6.4 below.
6.4 We will confirm our acceptance of your order to you by sending you an email that confirms that the Goods have been dispatched ("Dispatch Confirmation"). The Contract between us will only be formed when we send you the Dispatch Confirmation. Only Goods dispatched will be included in the Contract.
6.5 When placing your order we carry out a standard pre-authorisation check on your payment card. Payment will not be taken until your order has been accepted and a Dispatch Confirmation been sent.
6.6 We may choose not to accept your order in our discretion for any reason whatsoever without liability to you. Examples of when we may not accept your order include where the Goods ordered are out of stock or are incorrectly priced or do not satisfy our quality control standards, or where payment has been declined. We will inform you if we choose not to accept your order by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount as soon as possible. In the unlikely event that an Item from your order is unavailable, it will not be substituted for an alternative product and you will not be charged for the Item.
7.0 CANCELLING AN ORDER
7.1 As the Contract between us is not formed until we send you the Dispatch Confirmation, you may cancel an order at any time before we send you the Dispatch Confirmation by contacting our Customer Experience Team.
7.2 Please refer to clause 8 for further details on what to do if you wish to cancel the Contract after Dispatch Confirmation has been issued and to clause 9 for our returns and exchanges policy.
8.0 CANCELLING A CONTRACT UNDER THE CONSUMER CONTRACTS REGULATIONS
8.1 This clause 8 only applies to customers based in the EU.
8.2 You have a legal right to cancel a Contract under the Consumer Contracts Regulations 2013 during the period set out in clause 8.3 below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep an Item you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office or equivalent body (if you live outside the UK).
8.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order and dispatch of the Goods), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
|Your Contract||End of the cancellation period|
|Your Contract is for a single Item.||The end date is the end of 14 days after the day on which you receive the Item.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Item on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
|Your Contract is for multiple Items which are delivered on separate days.||The end date is 14 days after the day on which you receive the last of the separate Items ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first of your separate Items on 10 January and last separate Item on 15 January you may cancel in respect of all of the separate Items at any time between 1 January and the end of the day on 29 January.
8.4 To cancel a Contract, you just need to let us know that you have decided to cancel by a clear statement. The easiest way to do this is to download a cancellation form from our website, complete the form and email it to us at email@example.com or post it to us at AllSaints Retail Limited, Notice of Contract Cancellation, Customer Experience, Units C15-17 Jacks Place, 6 Corbet Place, London E16NN
You can also cancel a Contract by e-mailing us at firstname.lastname@example.org or by sending a letter to our Customer Experience at the above address. If you are e-mailing us or sending a letter please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
8.5 If you cancel your Contract we will:
(a) refund you the price you paid for the Goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop or which is beyond what is necessary to establish the nature characteristic and functioning of the Goods. See clause 9.2 for information about what handling is acceptable and examples;
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of an Item within 2 working days at one cost or for free but you choose to have the Item delivered the next day or on a Saturday at a higher cost, then we will only refund what you would have paid for the cheaper delivery option;
(c) make any refunds due to you without undue delay and in any event within the deadlines indicated below:
(d) if you have received the Item, 14 days after the day on which we receive the Item back from you or, if earlier, the day on which you provide us with evidence that you have sent the Item back to us. For information about how to return an Item to us, see clause 8.8;
(e) if you have not received the Item, 14 days after you inform us of your decision to cancel the Contract.
8.6 If you have returned the Goods to us under this clause 8 because they are faulty or mis-described, we will refund the price of the Goods in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. However please note we cannot accept liability for an Item as faulty until it has been returned to us and we have had an opportunity to inspect it and confirm that it is faulty.
8.7 We will refund you on the original method of payment. If you used a gift card to pay for the Goods we will refund you by way of a gift card. If you made the payment using part giftcard and part credit/debit card or paypal, the giftcard element will be refunded first.
8.8 If an Item has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please see clause 8.9 for our returns address and further returns information. Please note that we may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earlier;
(b) unless the Item is faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Item to us.
8.9 All Items should be returned to the following address: AllSaints Website Returns, Unit 6, New Hythe Business Park, Bellingham Way, Larkfield, Aylesford, ME20 6QS. You should return your Items via a secure and insured delivery service as AllSaints cannot accept responsibility for Goods not received and a proof of signature will be required to confirm receipt. We recommend you keep your tracking number until your refund has been processed.
8.10 We are under a legal duty to supply Goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office or equivalent body (if you live outside the UK).
8.11 Where an Item which you wish to return is received by us 14 days after the day on which you let us know that you wish to cancel the Contract we will issue you with a gift card for the appropriate amount.
8.12 Our free UK returns service, which is offered to UK customers, is not available for orders cancelled under the Consumer Contracts Regulations 2013 i.e. If a UK customer informs us of his decision to cancel the Contract under the Consumer Contracts Regulations 2013 or uses the cancellation form, he/she will not then be able to use our free UK returns service.
9.0 RETURNS AND EXCHANGES
9.1 Returns and Exchanges
(a) If you are an EU customer you have a right to cancel a Contract under the Consumer Contracts Regulations 2013. Please see clause 8 for more information. As an alternative to using your rights under the Consumer Contracts Regulations 2013 you may wish to return or exchange an Item using our free UK returns service (if you are a customer based in the UK) or by sending the Item back to us securely (if you are a customer not based in the UK).
(b) We offer all customers the right to exchange any Item for a different size or colour where such Item is received by us within 28 days of the date of receipt by the customer. Any items received after this 28 day period will not be accepted for an exchange.
(c) We offer all customers a refund on any Items retuned to us within 14 days of receipt the Item by the customer. Where an Item which you wish to return is received by us after this 14 day period we will issue you with a gift card for the appropriate amount.
(d) Please see our Returns page for further details on how you can return or exchange an item. If you are a UK customer you can also benefit from our free UK returns service.
(e) AllSaints cannot accept responsibility for Goods not received and a proof of signature is required to confirm receipt. We recommend you keep your tracking number until your refund or exchange has been processed.
(f) Please note that unless you are a UK customer using our free UK returns service, all return postage costs are your responsibility. Returns hand carried to AllSaints Website Returns, Unit 6, New Hythe Business Park, Bellingham Way, Larkfield, Aylesford, ME20 6QS will not be accepted due to security reasons.
(g) If you have returned the Goods to us because they are faulty or mis-described, we will refund the price of the Goods in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. However please note we cannot accept liability for an Item as faulty until it has been returned to us and we have had an opportunity to inspect it and confirm that it is faulty.
(h) We will refund you on the original method of payment. If you used a gift card to pay for the Goods we will refund you by way of a gift card. If you made the payment using part giftcard and part credit/debit card or paypal, the giftcard element will be refunded first.
9.2 Handling and Conditions of Returned Goods
(a) Please take reasonable care when opening original packaging and, where possible, ensure it is returned along with the Goods.
(b) All Goods should be inspected and tried on with reasonable care being exercised.
(c) Items should be returned unused and in a resalable condition, with all garment tags and care labels still attached. If returned Items are damaged or soiled we may not accept them and may send them back to you and/or refuse a refund.
(d) Where protective casings, protective boxes, dust bags and leather tags are provided with the Goods, these must be returned along with the Goods. For example, all footwear must be returned in its original shoe box, all sunglasses in their original sunglasses cases, all ties in their original tie boxes and all jewellery in their original jewellery pouches or boxes.
(e) In the interests of hygiene we will not be able to accept returns of underwear and swimwear unless the hygiene seals are intact. These Goods should not be tried on and must be inspected in their packaging.
10.0 UK DELIVERY OPTIONS
10.1 AllSaints currently offers 3 Delivery Options on orders to UK mainland, the Channel Islands and Northern Island: UK Standard, UK Next Day and UK Saturday Delivery.
(a) UK Standard Delivery:
We aim to deliver Items within 2 working days after placing your order. We run a Monday to Saturday service, delivering between the hours of 7:30am - 9pm.
UK Standard Delivery is free on all UK orders. If the delivery day falls on a public holiday, the Items will be delivered on the following day, between the hours of 7:30am - 9pm.
(b) UK Next Day Delivery:
We aim to deliver Items in accordance with the following schedule:
(c) UK Saturday Delivery: We aim to deliver all UK mainland orders on Saturday between 7:30am - 9pm. Orders placed after 9pm on Friday will be held and delivered the following Saturday.
UK Saturday Delivery is free on all UK orders over £100. For orders below £100, a delivery charge of £5 is payable by the customer.
10.2 Delivery dates indicated above are estimates only and cannot be guaranteed. For deliveries to the following postcodes www.myyodel.co.uk, deliveries may take up to an additional 4 working days to the above dates.
10.3 The cost of delivery will be stated prominently on the website at the time of your order.
10.4 We ship all UK orders via our UK carrier, Yodel. Our Dispatch Confirmation will include a tracking number, which you can use to track your order on www.myyodel.co.uk.
10.5 A specific time slot cannot be specified with any of our delivery options. Delivery of an order shall be completed when we deliver the Goods to the address you gave and the Goods will be your responsibility from that time.
10.6 We operate a 'Leave with Neighbour' service with our UK carrier, Yodel. If no-one is available to sign for the order at the delivery address, Yodel will leave the Items with an immediate neighbour, obtain a signature from him/her and leave a card at the delivery address informing you that the Items have been left with a neighbour.
10.7 Please note that during our seasonal sales and periods of promotional activity processing and dispatch of your order by our distribution centre may take longer and certain delivery services may be removed.
10.8 Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 18 for our responsibilities when this happens.
10.9 You own the Goods once we have received payment in full, including all applicable delivery charges.
11.0 EUROPEAN AND INTERNATIONAL DELIVERY
11.1 European countries
(a) We ship to the following European countries. Delivery is free:
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and Ukraine.
(b) We ship all European orders via our European carrier, DPD. Our Dispatch Confirmation will include a tracking number, which you can use to track your order on DPD's website www.dpd.co.uk.
(c) We aim to deliver Items within 5 working days after placing your order. We run a Monday to Friday service, delivering between the hours of 9am - 5pm. If the delivery day falls on a public holiday, the Items will be delivered on the following day, between the hours of 9am - 5pm.
11.2 International countries
(a) We ship to the following international countries:
Afghanistan, Argentina, Aruba, Australia, Bahamas, Bahrain, Barbados, Canada, Chile, China, Colombia, Egypt, Faroe Islands, Gibraltar, Hong Kong, India, Indonesia, Israel, Japan, Kuwait, Malaysia, Martinique, Mauritius, Mexico, Morocco, New Zealand, Qatar, Russia, Saudi Arabia, Singapore, South Africa, South Korea, Taiwan, Thailand, Tunisia, United Arab Emirates, United States and Vietnam.
(b) Shipping to the international countries listed above is free for orders over £250 and costs £18.95 or Euro 21.95 for orders below £250. The exact delivery cost will be confirmed on the order summary page.
(c) We ship all international orders via our international carrier, UPS. Our Dispatch Confirmation will include a tracking number, which you can use to track your order on UPS's website:http://www.ups.com.
(d) We aim to deliver Items within 7 days after placing your order. We run a Monday to Friday service, delivering between the hours of 9am - 5pm. If the delivery day falls on a public holiday, the Items will be delivered on the following day, between the hours of 9am - 5pm.
11.3 Terms applicable to both European and International Deliveries
(a) A specific time slot cannot be specified with any of our delivery options. Delivery of an order shall be completed when we deliver the Goods to the address you gave and the Goods will be your responsibility from that time.
(b) Please note that during our seasonal sales and periods of promotional activity processing and dispatch of your order by our distribution centre may take longer and certain delivery services may be removed.
(c) Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 18 for our responsibilities when this happens.
(d) You own the Goods once we have received payment in full, including all applicable delivery charges.
12.0 SIGNING FOR YOUR ORDER
All orders are security sealed before leaving our distribution centre and under no circumstances should packages be signed for if these seals are broken or the packaging is damaged upon arrival. In the event that the seals are broken or the packaging is damaged, please immediately contact our Customer Experience Team.
13.0 TAXES AND DUTIES
13.1 For deliveries within the EU we operate on a DDP (Duty Delivery Paid) basis. This means that all import taxes and duties will be included in the price of the Goods as well as all applicable VAT.
13.2 Please note that, for deliveries outside the EU (which includes the Channel Islands), we operate on a DDU (Delivered Duty Unpaid) basis. This means that:
(a) product prices for such destinations are exclusive of all taxes and duties, including UK VAT;
(b) you will be responsible for payment of any customs clearance expenses, import duties, sales taxes, brokerage fees and any other similar charges or fees imposed by the customs authorities of the destination country. Payment of these will be necessary in order to release your Items from customs on arrival. Please note that we have no control over these charges and cannot predict their amount or offer a refund in the event that you are unable or unwilling to pay these charges;
(c) you are responsible for providing any information required by the customs authorities of the destination country to ensure the Goods are cleared. We recommend you contact the customs authorities of the destination country to determine a landed cost price for the Items prior to placing an order and what information will be required to obtain release of the Items from customs.
14.0 GIFT CARDS
14.1 AllSaints standalone stores issue gift cards in Great British Pounds (GBP), Euros (EUR), US dollars (USD) and Canadian Dollars (CAD), dependent upon which country the gift card is purchased and the local currency of that country. Gift card values cannot be transferred into different currencies and purchases in standalone stores in a currency different from the currency of the gift card are not possible.
14.2 Gift cards are non-refundable, non-exchangeable and not redeemable for cash unless otherwise required by applicable law.
14.3 Unless contrary to applicable law, gift cards are valid for 24 calendar months from the date of purchase. Gift cards presented after their expiry date will be treated as void and are non-refundable and non-exchangeable.
14.4 Only gift cards where the currency is Great British Pounds (GBP) or Euro (EUR) can be used on our UK website. Only gift cards where the currency is U.S. Dollars (USD) can be used on our U.S. website. Only gift cards where the currency is Canadian Dollars (CAD) can be used on our Canadian website.
14.5 You may check your gift card balance on this page.
14.6 AllSaints reserves the right to refuse to accept a gift card which they deem to have been tampered with, duplicated, damaged, resold or which is otherwise suspected to be fraudulently reproduced. Gift cards cannot be bought with another gift card.
14.7 Use of the gift card constitutes acceptance of these Terms. If you have any questions about gift cards please contact our Customer Experience Team.
15.0 PRICE OF GOODS AND DELIVERY CHARGES
15.1 The prices of the Goods will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However please see clause 15.4 for what happens if we discover an error in the price of Goods you ordered.
15.2 For orders placed within the EU, all prices shown include the applicable VAT. If your order is being delivered outside of the EU (which includes the Channel Islands), VAT will not be charged, however the selling price will remain the same. If the rate of any applicable VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Items in full before the change in VAT takes effect.
15.3 The price of an Item does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to clauses 10 and 11 above and our Delivery page.
15.4 Our site contains a large number of Items. It is always possible that, despite our best efforts, some of the Items on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Item's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Item to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Item to you at the incorrect (lower) price; and
(b) if the Item's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Item at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
15.5 Unfortunately, we cannot advise you in advance of any proposed reduction in prices or reimburse you the difference in the event that an Item you order is subsequently reduced in price.
15.6 We may from time to time run special promotions or issue promotional codes. Unless otherwise expressly stated on the specific promotion, promotional codes cannot be used in conjunction with any other offer or promotion, cannot be used to purchase gift cards and can only be used against full price Items. We reserve the right to change or terminate any promotion without notice at any time.
15.7 UNiDAYS PROMOTION: 20% discount excludes delivery charges. Discount cannot be used in conjunction with any other offer or to purchase gift cards. Full price items only. Promotion starts on 05/06/2014 and ends on 03/07/2014. AllSaints reserve the right to change or terminate this promotion without notice at any time. Discount is only valid for UNiDAYS members and is non-transferable. Discount is only valid on orders delivered in the UK and Ireland. Some brand exclusions may apply.
16.0 HOW TO PAY
16.1 You can only pay for Items on our site using any one of the following methods: debit card, credit card, Paypal, AllSaints gift card or any other methods which may be clearly indicated on our site from time to time.
16.2 We accept the following debit or credit cards: Visa, Mastercard, American Express, Maestro, Visa Electron and JCB. When you use a credit/debit card you confirm that the card being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. If you are a customer whose credit/debit card is not denominated in Sterling or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
16.3 If you choose to pay by Paypal, you will be directed to the PayPal site to 'Log In' and review the amount to be paid before completing your purchase. Once this transaction is complete, you will then return to our site.
16.4 Payment for the Goods and all applicable delivery charges is in advance. We will not charge your preferred payment method until we dispatch your order, although please note that when using a debit/credit card we will place an authorisation hold on your card at the time of your order to cover the cost of your order. These funds will not be available for your use. The hold will stay on your card until payment of the goods is processed on dispatch of your order. If you cancel your order prior to dispatch we will release the hold. Please note that your bank may take up to two weeks to post the released credit hold to your card.
17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
17.2 We only supply the Goods for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.3 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 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
18.0 EVENTS OUTSIDE OUR CONTROL
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
19.0 OTHER IMPORTANT TERMS
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
19.2 This Contract is between you and us. No other person shall have any rights to enforce any of its Terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
19.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.5 These Terms and any dispute or claim arising out of or in connection with such matters, their subject matter or formation (including but not limited to non-contractual disputes or claims) shall be governed by, construed and interpreted in accordance with the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the English Courts.
19.6 Where these Terms are translated into languages other than English in the event of any conflict or inconsistency the English language Terms shall prevail.
19.7 We reserve the right to bring proceedings in:
(a) the Courts of the country of your residence;
(b) the Courts of the location of your access or use of the site;
(c) the Courts of the location of any breach by you of these Terms; and/or
(d) the Courts of the location of your authorisation of any of the above acts.
19.8 You acknowledge and agree that damages alone would not be an adequate remedy for any breach of the terms of these Terms. Accordingly, we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of these Terms.
All Saints Retail Ltd ('AllSaints') is a company registered in England and Wales under company number 04096157 and with a registered office at C15-C17 Jacks Place, 6 Corbet Place, London, E1 6NN. Our VAT number is 108 2760 27.
These Terms and Conditions of Website Use ('Terms') apply to your use of the AllSaints websites located at www.allsaints.com/ and www.us.allsaints.com (the 'Sites') and/or any AllSaints application for mobile devices which we may make available to our customers at any time (the "App"). For additional terms and conditions that may apply to purchases and related transactions that you complete through our Services, see Section 1.0 below Terms and Conditions of Supply. The Sites and the App shall be collectively referred to as the 'Services.' In this document, 'we', 'our' and 'us' refer to AllSaints, and 'user,' 'you' and 'your' mean users of the Services.
You must be 18 years old or the age of majority in your jurisdiction in order to use our Services. If you are under 18 years old or the age of majority in your jurisdiction, then you may only use the Services with your parent or legal guardian's permission.
Please read these Terms carefully. The Effective Date of these Terms is 30 June 2014.
The Terms incorporate:
1.0 TERMS AND CONDITIONS OF SUPPLY
If you are in the US or Canada, the following terms apply to purchases and related transactions made using our Services: us.allsaints.com.
If you are in any other part of the world, including the UK or Europe, then the following terms apply to purchases and related transactions made using our Services:
You may view some parts of the Services without registering, but in order to access and use other parts of the Services, you may be required to register an account with us. You are solely responsible for any activity that occurs on your account and for maintaining the confidentiality of your password. It is your sole responsibility to provide and maintain accurate account information. You may cancel your account with us at any time by e-mailing our Customer Experience Team at email@example.com.
We reserve the right to cancel your account at any time for any reason without prior notice to you. If there has been (or you suspect) an unauthorised use of your password or account, please notify us immediately.
3.0 RESTRICTIONS ON USE OF SERVICES
You are solely responsible for your actions when using the Services, whether or not you have created an account with us. In addition, you understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Services:
Transmit by any means any software, virus, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Services;
Use any robot, spider, script, or any manual or automated application or means to extract, download, retrieve, index, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the Services;
Submit, post, or submit any offensive, indecent, hateful, racist, sexist, pornographic, or otherwise inappropriate or obscene content (as determined by us in our sole discretion);
Copy, download, distribute, transmit, upload, or transfer content from the Services or the personal information of others without our prior written permission or authorization;
Use the Services to make unsolicited offers, requests, advertisements, or spam;
Impersonate or pretend to be anyone else but you;
Violate or infringe upon the privacy, publicity, intellectual property, or other proprietary rights of third parties; or
Engage in any activity that is criminal or tortious in nature, or otherwise contrary to the law or infringes the rights of another including, without limitation, fraud, stalking, defaming, abusing, harassing, or threatening.
If you breach any part of these Terms, we reserve the right to terminate your access to the Services. Where you are using the App, the additional terms in clause 5 also apply.
We and our licensors are the sole owners of the Services, including, but not limited to, all content, features, and functions, and all copyrights, trade marks, service marks, and other intellectual property rights contained within the Services.
You agree that all right, title, and interest in the Services will remain ours or our licensors' exclusive property. Nothing in these Terms gives you a right to reproduce, copy, distribute, sell, broadcast, license, or otherwise use the AllSaints name or any of our trade marks, logos, domain names, and other distinctive brand features. You may not modify, rent, lease, sell, distribute, or create derivative works based on the Services unless we have given you prior written consent to do so. You may only use the Services for personal, non-commercial purposes.
'AllSaints' and the AllSaints logo are our trade marks.
5.0 MOBILE APPLICATION AND USER LICENSE
This section of the Terms applies only to the App (including updates) and any services accessible through the App. In the event of any conflict between this section and the other parts of the Terms, this section shall prevail.
You will be assumed to have obtained permission from the owners of the mobile telephone or handheld device if controlled, but not owned, by you (the "Devices") and being used to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility for the use of the App or in relation to any Device, whether or not the Device is owned by you. The App is provided by a third party and you should familiarise yourself with the terms on which the App is made available to you, prior to downloading and use.
We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and to the fullest extent possible at law, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Whenever you make use of a feature that allows you to upload content to our Sites, or to make contact with other users of our Services, you warrant that any such contribution ('Content') complies with the standards set out in these Terms, and you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any Content you upload to our Sites will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such Content for any purpose. You grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free licence to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such Content throughout the world, in all media now known or hereafter developed. You confirm that you are the owner of the relevant Content and/or that you are entitled to grant us a licence of the same.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Sites constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Services.
We have the right in our sole discretion for any reason and without prior notice to you to remove any posting you make on our Sites if, in our opinion, your post does not comply with the standards set out in these Terms or reasonable standards of behaviour.
The views expressed by other users on our Sites do not represent our views or values. We reserve the right, but not the obligation, to investigate any allegations or complaints that we receive regarding your Content.
7.0 DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE AVAILABLE 'AS IS' AND 'AS AVAILABLE' WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR ANY ASSURANCE THEY WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE SECURE OR FREE FROM BUGS OR VIRUSES. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED, THAT THE INFORMATION OBTAINED FROM THE SERVICES WILL BE ACCURATE, UP-TO-DATE, COMPLETE OR RELIABLE, THAT THE QUALITY OF THE SERVICES WILL BE SATISFACTORY TO YOU, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. WE MAKE NO GUARANTEE REGARDING THE RELIABILITY, ACCURACY, OR QUALITY OF ANY COMMUNICATION THAT IS POSTED ON OR VIA THE SERVICES.
8.0 LIMITATION OF LIABILITY
The Services and any goods purchased by you in connection with the Services are supplied only for domestic and non-commercial, private use. You agree not to use the same for any commercial, business or re-sale purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Services or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, the Services; or
use of or reliance on any content made available via the Services.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which are set out in our Terms and Conditions of Supply (please see Section 1.0).
TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU FOR YOUR COMMUNICATIONS. WE SHALL NOT BE LIABLE FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SERVICES OR ANY LINKED SITES, OR FOR ANY INFORMATION OR PRODUCTS, OBTAINED THROUGH USE OF THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SERVICES, TERMINATION OF YOUR USE OF THE SERVICES IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
You agree to indemnify, defend, and hold us and any company in our group and our respective officers, agents, representatives, employees, partners, and licensors harmless from any and all demands, claims and actions (including reasonable attorneys' fees) arising from or related to your use of the Services. We reserve the right to assume all or any part of the defence of any such claims and negotiations for settlement and you agree to fully cooperate with us in doing so.
10.0 THIRD PARTY SITES
11.0 APPLICABLE LAW AND DISPUTE RESOLUTION
These Terms and any dispute or claim arising out of or in connection with such matters, their subject matter or formation (including but not limited to non-contractual disputes or claims) shall be governed by, construed and interpreted in accordance with the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the English Courts.
Where these Terms are translated into languages other than English in the event of any conflict or inconsistency the English language Terms shall prevail.
We reserve the right to bring proceedings in:
You acknowledge and agree that damages alone would not be an adequate remedy for any breach of the terms of these Terms. Accordingly, we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of these Terms.
We may immediately, without prior notice, suspend or terminate your use of and access to the Services, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. You may terminate these Terms by ceasing your use of the Services.
If the application of any provision of these Terms to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitrator or other tribunal of competent jurisdiction, then (a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of this Terms, shall not in any way be affected or impaired thereby and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties.
We reserve the right to change any part of the Services, including these Terms, at any time. If we change these Terms, we will update the Effective Date listed above. Your continued use of the Services means that you agree with our updated Terms. If you do not agree with our updated Terms, you must not use our Services.
15.0 QUESTIONS OR COMMENTS
If you have any questions or comments about these Terms or the Services, please contact us at Customer Experience Team at firstname.lastname@example.org.