Terms and Conditions of Sale
GENERAL TERMS AND CONDITIONS
Use of Site
Thank you for visiting the www.belstaff.com website ("Website").
The use of the Website, which is owned by Belstaff Group SA (“Belstaff”), a company having offices at Via Passeggiata 4 , 6883 Novazzano , Switzerland, registered on the Commercial Register of the Canton of Ticino No. CH 501.3.015.613-9 and belonging to Labelux Group GmbH (“Labelux”), is subject to the following terms and conditions (“Terms”). Belstaff may revise these Terms from time to time by updating this section, with the revised Terms taking effect for all Users as of the date stated on the section.
The content included in the Website may contain technical inaccuracies or typographical errors. Belstaff assumes no liability for the accuracy and/or fitness for particular purposes of any information and elements contained in the Website. By furnishing the information and elements contained in the Website, Belstaff grants no licenses to any copyrights, trademark rights or any other intellectual property rights on the information and elements contained in the Website.
IN NO EVENT WILL BELSTAFF BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE OR ANY OTHER HYPER-LINKED WEBSITES, INCLUDING, WITHOUT LIMITATION, DAMAGES SUCH AS LOSS OF PROFITS OR SALES, INTERRUPTION OF BUSINESS OR PROFESSIONAL ACTIVITY, THE LOSS OF PROGRAMS OR OTHER DATA, OF WHATEVER NATURE, ON THE USER'S INFORMATION PROCESSING SYSTEM EVEN IF BELSTAFF IS MADE EXPRESSLY AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
ALL INFORMATION AND ELEMENTS CONTAINED IN THE SITE ARE PROVIDED ON AN "AS IS" BASIS ONLY. BELSTAFF PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGMENT.
Information and Materials Submission
By transmitting information and materials to Belstaff, you automatically grant Belstaff a worldwide, royalty free, perpetual, irrevocable and non-exclusive right to use such information and materials including the right to reproduce, copy, publish, edit, translate, modify, communicate, distribute and display such information and materials, alone, or as a part of other works in any form, media, or technology whether now known or hereafter developed and to sublicense such rights to anyone, without compensation to you or any other person, for any title, reason or cause.
Further, with regard to such information and materials transmitted by you, Belstaff has an unlimited and irrevocable right to use any idea, concept, know-how or technique contained, expressed or implied in such information and materials, for any purpose, without any compensation to you or any other person, for any title, reason or cause.
By transmitting any information or materials to Belstaff, you represent and warrant that no submission made by you breaches the rights of any third party.
Belstaff is in no way liable for the availability or any content of any websites accessible by means of the Site. When accessing a website through the Site you acknowledge that such site is independent from the Site. Belstaff has no control over the content of any website accessible by means of the Site. Further, the presence of a link to a website other than the Site does not imply acceptance of liability by Belstaff for the content or the use of such website. It is your exclusive responsibility to take all necessary precautions to ensure that whatever element or material you select for your use is free of destructive items such as viruses, worms, "Trojan horses" or similar.
Copyrights, Trademarks and other Intellectual Property Rights
The Site as a whole, and any single element on this Site, is protected by copyright, trademark rights and the other intellectual property rights either owned by Belstaff or by the companies controlled by, or affiliated to, Belstaff, or licensed to Belstaff. Such elements include, among others, photographs, designs, testimonials, images, texts, video and audio clips, logos, trademarks and software programs used for the management and development of the Site. The elements contained in the Site are reproduced for information and/or promotional purposes only. The Site is for personal use only. You may download or copy the elements contained in the Site for personal use only, not for commercial or other purposes. As a consequence, you are not entitled to reproduce, copy, publish, transmit, distribute, modify, cancel and, in general, to perform any other activity using the elements contained in the Site (including any software used for the management and/or development of the Site) for any purposes, other than for personal use.
Users agree that Belstaff may terminate Users’ access to and use of the Site if Belstaff reasonably believes that Users have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of Belstaff or any third party, or for any reason with or without notice to User. Users agree that Belstaff may modify or discontinue the Site, with or without notice to them. Users agree that Belstaff will not be liable to them or any third party as a result of such modification or discontinuation.
TERMS AND CONDITIONS OF SALE
This Website is operated by eCommera Limited (Registration Number 06023874 and Registered Office: Wells Point, 79 Wells Street, London, W1T 3QN). The use of the following terms; “Us”, “We”, “Our” refers to eCommera Limited The terms “You”, “Your” and “You’re” are references to users of this website and customers of the www.belstaff.com, www.belstaff.co.uk, www.belstaff.eu, www.belstaff.de, www.belstaffgroup.com, www.belstaffgroup.co.uk, www.belstaffgroup.eu and www.belstaffgroup.de Online shop.
1.1 Use of this Site confirms your agreement to both General Terms and Conditions as well as Terms and Conditions of Sale applicable to this online shop set forth.
1.2 We reserve the right to change these terms and conditions at any time and continued use of this website will be construed as your acceptance of any new terms. If these terms and conditions are changed in any way the date at which they were last updated will be featured at the top of this page.
1.3 By using this website you agree that it is for your own non-commercial use and that whilst a visitor to this site you will not use it to infringe, restrict or abuse the rights of others, or distribute material of an illegal nature including but not restricted to obscene, defamatory, racist, xenophobic, homophobic or other discriminatory or derogatory material or material which by its nature is spam or designed for the promotion of another organisation.
1.4 You also undertake that you will not gain or attempt to gain access to our information technology systems to distribute any form of malicious software designed to affect our own information technology systems or that of any other website user. Whilst we have taken the necessary precautions to protect the Belstaff from malicious software, we cannot be held responsible should a third party implement any form of malicious software on the website and the resulting effects this may have on our users. We reserve the right to withdraw access to the website at our discretion if we feel an individual is in breach of our terms and conditions. As well as report to the police where necessary, the details of any user who may be criminally liable under the Computer Misuse Act 1990.
1.5 Use of this website infers an agreement to observe all relevant intellectual property rights, trademarks, copyrights and patents of ours.
1.6 We reserve the right to change or remove any part of this website or the entire website itself at any time without notice. We also reserve the right to make the website unavailable in whole or part at our discretion without notice.
Whilst we will make every effort to ensure that our website meets the requirements set forth we can in no way be held liable except where mandated by law for losses or damages caused by the use of the Belstaff online shop or any dealings with us. This does not extend to liabilities which we cannot be excluded from under all applicable legislation.
You agree through use of this website to indemnify, defend and hold harmless eCommera, its employees, directors, agents, partners, licensees and any affiliated party from any liability through your own breach of these terms and conditions or illegal action in relation to the use of this website.
If we do not to take legal action whether it be criminal or civil against any party for breach of these terms and conditions, this does not affect our right to do so in future against the same or different parties, whether it be for breaches of a similar or differing nature.
5. Your Account
This online operates a guest login and user account scheme. This means that when you purchase goods from us you can choose do so by either creating a permanent user account or not.
5.1 We reserve the right to refuse access to the website, amend and remove content and cancel orders at no cost to you.
Goods, Pricing & Promotions6. Goods
All goods offered for sale on this website amount to official Belstaff merchandise sold and distributed on behalf of Belstaff by us. We aim to ensure all goods are represented fairly and accurately. As such we are unable to take responsibility for any technical issues customers may have that cause an item to appear differently than it actually is.
All prices on this website are in pounds sterling (GBP) euro (EUR) US Dollar (USD) unless otherwise stated. All charges will be made in pounds sterling (GBP) euro (EUR) US Dollar (USD), and where applicable this will then be converted to your local currency at the exchange rate applied by your card provider. We reserve the right to change, amend or alter the price of goods on this website at any time without notice All prices displayed on the website are inclusive of United Kingdom Value Added Tax (VAT) at the rate applicable at the time of purchase. Please note that the final order cost is inclusive of any local import duties or taxes applicable to countries outside the European Union.
8. VAT Refunds
As an online retailer we are not legally able to participate in the United Kingdom VAT refund scheme for orders delivered outside the European Union.
On occasion there may be promotional offers on goods available for sale. We withhold the right to extend, change or withdraw any promotion at any time without further notice.
Payment10. Card Payment
The Belstaff shop accepts payment by Visa, Visa Debit, MasterCard, American Express, JCB, and PayPal.
11. Card Payment Processing
All card payments will be processed by our partner Datacash Limited. We will only take payment from your account once we have despatched your order in part or full and only for the value of the goods despatched. For Contact to Order goods, on confirmation of your order a deposit of a third of the full value of the order will be taken on your credit card, with the balance of payment due prior to despatch.
Contract & Cancellation12. The Contract and Contract Cancellation
The offer of goods on this website or the acknowledgement of having received your order does not amount to a contractual offer on our part. Acceptance of your order and the implied contractual offer will be confirmed by us via email once we despatch your order in part or full. The acceptance of your order will only pertain to the goods named within the email confirming despatch of your goods. We reserve the right not to accept your order for any commercial reason.
13. Cancellation Policy
Under the United Kingdom’s Distance Selling Regulations, you have up to 7 working days after you have received your delivery to cancel your order (other than in respect of goods made to your specification or have been personalized for you). Any delivery charges will be refunded. However, if only part of your order is cancelled, the delivery charge will not be refunded.
To cancel this contract, you need to do so in writing. Please email our customer service department firstname.lastname@example.org stating the order number and giving your clear instruction to cancel the order.
If you have contacted us to cancel your order before you have received your goods, unless cancellation takes place within 30 minutes of your order, your cancelled order may already be picked and will be delivered to you. Please refuse any delivery of cancelled goods or arrange for them to be couriered back to us by contacting our customer service team at email@example.com or on 0800-210-0302.In the meantime you must take reasonable care of them.
If we don't receive the item back from you, we may arrange for collection of the item from your residence at your cost. We will refund you upon receipt of the order, and in any case within 30 days after we receive your notification.
14. Gift Services, Personalisation, Gift Wrapping and Messaging
From time to time we may offer certain gift services on goods. Where made available you will be given the option to have an item gift wrapped, provide a gift message or personalize an item before completing your order. You will also be advised of all applicable costs before placing the order. Please note that personalized goods are non-refundable unless they are faulty and we are unable to refund the cost of gift wrapping or messaging where applicable.
Delivery Returns and Refunds15. Delivery
We aim to deliver in the quickest time possible and delivery timings will be provided for your country at checkout. Please note that in certain exceptional circumstances events beyond our control (Known as Force majeure) may prevent our couriers from delivering within a guaranteed time period.
16. Order Tracking
Once an item has been despatched by us you can track the progress via the courier website using the link provided in your despatch confirmation email.
17. Returns and Refunds Policy
17.1 Returns Period
After receiving your goods you have 14 days for full priced and 7 days for sale items within which to return them should you wish.
17.2 Returns Process
All goods to be returned must be in the condition in which they were received, complete with all the original packaging, labelling, security tagsand the appropriate returns documentation (including the original commercial invoice that you received with your goods as well as the new commercial invoice for the return journey). We cannot accept returns where the security tag has been removed. Goods must be sent by our free courier service arranged by contacting our customer service team. We recommend that you keep your courier collection receipt when returning all goods, as we cannot be held responsible for goods lost or stolen before they are received by us.
17.3 Return of Faulty Items
If an item you receive turns out to be faulty you are entitled to either a full refund. Please return all goods to us with the appropriate documentation clearly marking the relevant field17.4 Non-Returnable Goods
For reasons of hygiene we are unable to accept returns on the following goods unless they are faulty: Underwear, Swimwear, Towels, Bedding or Jewellery for pierced skin. We are also unable to accept returns on personalized goods. These provisions do not affect your statutory rights.
17.5 Lost Returns Information
If you have mislaid the returns documentation please contact our customer care team with all the details you do have.
Please note all deliveries, returns and customer queries are managed by our logistics partner PROLOG Limited. Please only return goods using the procedure outlined above. Returns cannot be accepted at any other address associated with eCommera, Belstaff or any of the Brands associated with the event or that are offered for sale on this website.
Once we have received your goods and processed your refund you will receive an email confirmation from us.
17.7 Refund Process
Refunds will be processed by us within 7 days of our receipt of the returned goods and will be made to the same payment card used to pay. However please clarify with your payment provider or bank how long they will take to process the refund as this is beyond our control.
We guarantee that all goods offered for sale on this website will be as described accurately and fit for the purpose ascribed without fault in their design or manufacture.19 Faulty Goods Policy
If for any unforeseeable reasons an item purchased from us does have a fault then we will refund the item at no cost to yourself.