Terms And Conditions Of Sale

general

www.belstaff.com/de (the “Website”) is operated by Belstaff International Ltd (“Belstaff”) whose VAT number is NL826885305B01 and Registered Office is at 15-19 Britten Street, London, United Kingdom, SW3 3TY. The terms “Us”, “We” and “Our” refer to Belstaff. The terms “You” and “Your” refer to users of this Website.

1. terms of use

You agree to these Terms and Conditions of Sale by submitting an order.
We reserve the right to change at Our discretion these Terms and Conditions of Sale at any time and continued use of this Website will be construed as Your acceptance of any new terms. If these Terms and Conditions of Sale are changed in any way, the date at which they were last updated will be featured at the bottom of this page. The version published on the Website is the version currently in force. Belstaff invites You to periodically read the Terms and Conditions of Sale to ensure You are fully informed of any relevant and applicable changes.
By using this Website You agree that it is for Your own non-commercial use as consumer and that 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.

The use of Our Website and the webshop is only permitted for persons who are at least 18 years old; minors have to obtain consent from their parents before using the Website and webshop.
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 Website (and 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 of Sale. We may also report to the police where necessary, the details of any user who may be criminally liable under English and Welsh as well as any other applicable law.
Use of this Website infers an agreement to observe all relevant intellectual property rights belonging to Us.
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.

2. liability

Whilst We will make every effort to ensure that Our Website meets the requirements set forth, We, Our legal representatives and agents can in no way be held liable except where mandated by law for losses or damages caused by the use of the Website or any dealings with Us. This does not extend to liabilities which cannot be excluded from under all applicable legislation; Our liability cannot excluded in the following cases:
  • injury to life, limb or health;
  • in the absence or omission of a warranted characteristic or non-compliance with a guarantee;
  • intentional or grossly negligent acts and/or omissions; and
  • claims under the Product Liability Act.
In the event of a breach of material contractual obligations (cardinal obligations), We shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless Your claims for damages are based on injury to life, limb or health.
The limitations of liability stated above shall not apply insofar as We have fraudulently concealed the defect or have assumed a guarantee for the quality of the product. The same applies insofar as We and You have reached an agreement on the quality of the product. The provisions of the Product Liability Act shall remain unaffected.
Statutory warranty rights for defects
The statutory warranty rights for defects shall apply.
An additional guarantee for the products delivered by Us only exists if this was expressly given in the order confirmation for the respective product.
We only supply the products for domestic and private use for You as consumers. If You use the products for any commercial, business, or re-sale purpose as entrepreneur We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

3. indemnity

You agree to fully indemnify, defend and hold Us, Our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any culpable breach of these Terms and Conditions of Sale by You or any other liabilities arising out of Your culpable use of this Website, or the use by any other person accessing the Website using Your shopping account and/or Your personal information.

4. waiver

If We do not to take legal action, whether it be criminal or civil, against any party for breach of these Terms and Conditions of Sale, 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

Our Website operates a guest login and user account scheme. This means that when You purchase goods from Us You can choose to do so by either creating a permanent user account or not.
We reserve the right to refuse access to the Website, amend and remove content.

Goods, Pricing And Promotions

6. descriptions of goods - authenticity

All goods offered for sale on this Website are official Belstaff merchandise and We guarantee the authenticity of the goods purchased from this website. The images of the goods on Our Website are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that a device’s display of the colours accurately reflects the colour of the goods. Your product may vary slightly from those images. The packaging of the product may vary from that shown in images on Our Website.

7. pricing

The prices listed in the offer at the time of the order shall apply. All prices on Our Website are in Euro (EUR) unless otherwise stated. All charges will be made in Euro (EUR) 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 Value Added Tax (VAT) at the rate applicable at the time of purchase.
If shipping costs are incurred, they will be shown to you in the ordering process. The shipping costs are to be borne by you as they are calculated and displayed in the order.
Payment of the purchase price and shipping costs is due immediately upon conclusion of the contract.
We take all reasonable care to ensure that the price of the goods advised to You is correct. However, it is possible that, despite Our best efforts, some of the goods We sell may be incorrectly priced. If We accept and process Your order where a pricing error occurs, we reserve the right to contest or end the contract or withdraw from it.
If You think the price on an order confirmation email is wrong, please contact Us promptly to let Us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved, We will charge You interest on correctly charged sums from the original due date.

8. promotions

On occasion there may be promotional offers on goods available for sale. We reserve the right to extend, change or withdraw any promotion at any time without further notice.

9. payment

This Website accepts payment by Visa, Visa Debit, MasterCard, American Express, PayPal, ShopPay, Google Pay, Apple Pay, Amazon Pay and Klarna/Sofort). Depending on your selected payment method, you may be directed to the website of the selected payment service provider during the order process, whose terms and conditions apply as well. For each order, We reserve the right not to offer certain payment methods and to refer to other payment methods.
You agree to receive invoices and credit notes exclusively in electronic form (eg. via email or as a link to the invoice for the purpose of downloading and/or saving in the order confirmation email).
Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) shall be borne by You in cases where the delivery is made within the Federal Republic of Germany but the payment was initiated outside the European Union and/or the euro area, for example.
Klarna Payments
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer You the following payment methods. Payment is to be made to Klarna.
  • Pay Later: The payment period is 14 days from shipment of the goods or tickets/ availability date of the service. You can find the complete terms and conditions for the markets where this payment method is available here: Germany.
The payment methods Pay Later and Pay In 3 are only available in case of a positive credit assessment. For this purpose, during the order process and handling of Your purchase, We forward Your data for an address and credit check to Klarna. We can only offer You the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy statement.

Payment

10. card payment processing

All card payments will be processed by Our partner Shopify International Limited. We will take payment from Your account at the point of purchase on our website and only for the value of the goods dispatched.

11. gift cards

  1. References to 'Gift Card' covers Belstaff e-gift cards sold to customers in Germany only.
  2. You can use the Belstaff Gift Card in full payment, or part payment with one other method of payment for any goods purchased online at www.Belstaff.com/de.
  3. The Belstaff Gift Card can be purchased in the following denominations €25, €50, €100, €250, €500, €1,000, and €2,000 up to a maximum total of €2,000.
  4. The Belstaff Gift Card will automatically expire 36 months from the end of the year in which it is purchased e.g., a Belstaff Gift Card purchased in June 2024 will expire on 31 December 2027. Upon the expiry of a Gift Card, any remaining balance will be lost.​
  5. Gift Cards will be dispatched by email to the email account you provide to us, as soon as Belstaff is in receipt of cleared payment for the Gift Card. Belstaff shall not be liable or responsible for Gift Cards that are unable to be delivered due to your error (for example, typing errors, misspelt or incorrect email addresses), spam filters, firewalls or mailbox restrictions.
  6. You cannot buy a Belstaff Gift Card with another Gift Card. ​
  7. The value of any purchases will be deducted from the value on the Belstaff Gift Card. No change will be given. Any remaining balance can be used before the expiry date of the Belstaff Gift Card.
  8. The Belstaff Gift Card cannot be exchanged for cash, nor will any returns of a Belstaff Gift Card be accepted for a refund following purchase.
  9. Refunds for purchases made with a Belstaff Gift Card will be refunded back to your original Belstaff Gift Card in the amount of the return. The original Belstaff Gift Card expiration date will continue to stand. In the event that you use the Belstaff Gift Card as part-payment for a purchase and look to return the item(s), Belstaff shall refund the same proportion to your original Belstaff Gift Card and the remaining amount to the other method of payment used. Belstaff’s refund and returns policy shall apply to any such refunds.
  10. Belstaff Gift Cards cannot be reused once the full balance has been used. You can check Gift Card balance by clicking on the ‘View Gift Card’ link contained in the email in which you received your Belstaff Gift Card, or by visiting https://www.belstaff.com/eu/de/customer-service/contact-us to contact our customer service team, subject to service hours. For call charges, contact your service provider.
  11. Belstaff reserve the right to refuse to accept a Belstaff Gift Card in payment or part payment of any item where it reasonably suspects that the card or any amount on it may have been stolen or obtained in another illegal way.
  12. You are solely responsible for the safe keeping and security of your Belstaff Gift Card following receipt. In cases where your Belstaff Gift Card is lost or stolen, Belstaff will not replace your Belstaff Gift Card or have its value refunded.
  13. Personal data relating to your purchase or use of a Belstaff Gift Card will be used in accordance with current applicable data protection and privacy legislation and our privacy policy which can be found at: https://www.belstaff.com/de/legal/privacy-policy.
  14. These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
  15. Belstaff reserves the right to amend these terms and conditions or discontinue the Belstaff Gift Card offering at any time. Your statutory rights are not affected.

Contract And Withdrawal

12. the contract

By clicking the "Place your order" button at the end of the order process, You place a binding order for the products in the shopping cart. You can change and view the order data at any time before submitting the order. We will confirm receipt of your order by e-mail after you submitted the order. A binding contract is only concluded upon submission of your order and payment of the product. We reserve the right not to accept Your order, entirely or partially, for any commercial reason whatsoever.
We are not liable for the risk of having to procure ordered products (procurement risk). This also applies to orders for products that are only described in terms of their type and characteristics (generic products). We are only obliged to deliver from our stock of products and the products ordered by Us from Our suppliers. If working days are specified as deadlines, we understand this to mean all days from Monday to Friday inclusive, with the exception of public holidays.

13. Mandatory Right Of Withdrawal

13.1 withdrawal instructions

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which You acquire, or a third party other than the carrier and indicated by You acquires, physical possession of the goods; in the case of multiple lots or pieces the withdrawal period will expire after 14 days from the day on which You acquire, or a third party other than the carrier and indicated by You acquires, physical possession of the last lot or pieces.

To exercise the right of withdrawal, you must inform Us, Belstaff International Ltd, Registered Office at 15-19 Britten Street, London, United Kingdom, SW3 3TY (e-mail: customerservice@belstaff.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If You withdraw from this contract, We shall reimburse to You all payments received from You, including the costs of delivery (with the exception of the supplementary costs resulting from Your choice of a type of delivery other than the least expensive type of standard delivery offered by Us), without undue delay and in any event not later than 14 days from the day on which We are informed about Your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of such reimbursement. 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 earliest.

You shall send back the goods or hand them over to Us, without undue delay and in any event not later than 14 days from the day on which You communicate Your withdrawal from this contract to Us. The deadline is met if You send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Delivery, Returns And Refunds

14. delivery and providing the goods

From our German website, we only deliver to consumers in Germany. Products that are available in our warehouse are usually delivered within approximately 3-5 work days in case You place Your order from Monday till Friday in the time of 09:00 until 18:00, or unless a different deadline is specified in the respective offer.
If Our supply of the goods is delayed by an event outside Our control (e.g. in cases of Force Majeure), then We will contact You as soon as possible to let You know and We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event, but if there is a risk of substantial delay You may contact Us to end the contract and receive a refund for any goods You have paid for but not received.
If shipping costs are incurred, they will be shown to You in the ordering process after You have selected the delivery type/provider. The shipping costs are to be borne by You insofar as they are calculated separately and/or You do not make use of Your right of withdrawal as stated above. Payment of the shipping costs is due immediately upon conclusion of the contract.
The goods will become Your responsibility from the time We deliver the goods to the address You gave Us or You collect it from Us. You will own the goods once we have received payment from You in full.
If You wish to make a change to the goods You have ordered, please contact Us. We will let You know if the change is possible. If it is possible, We will let You know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of Your requested change and ask You to confirm whether You wish to go ahead with the change. If We cannot make the change or the consequences of making the change are unacceptable to You, You may want to end the contract.
We may have to suspend the supply of goods to You to:
  1. Deal with technical problems or make minor technical changes;
  2. Update the goods to reflect changes in relevant laws and regulatory requirements;
  3. Make changes to the goods as requested by You or notified by Us to You.
We will contact You in advance to tell You We will be suspending supply of the goods, unless the problem is urgent. You may contact Us to end the contract for goods if We suspend it or tell You We are going to suspend it, and We will refund any sums You have paid in advance for the goods in respect of the period after You end the contract.

15. order tracking

Once an item has been dispatched by Us You can track the progress via the courier website using the link provided in Your dispatch confirmation email.

16. voluntary refund and returns policy

16.1 returns policy

After receiving Your goods, We offer you a voluntary 30 days return and refund policy. In this time, you may return the ordered goods without any reason, should You wish.

16.2 returns process

Please note that all deliveries are managed by Our logistics partner Seko Logistics Group Ltd, and returns are managed by ReBOUND Returns. Please only return goods using the procedure outlined on our Returns Page. Returns cannot be accepted at any other address associated with Belstaff/Us.

All goods to be returned must be in the condition in which they were received, complete with all the original packaging, labelling, security tags. Please follow the instructions set out on our Returns Page. We cannot accept returns where the security tag has been removed unless the item is faulty (in which case, please see below).

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.

16.3 return of faulty items

If an item You receive turns out to be faulty (for example, it has a manufacturing fault or is not fit for purpose), You are entitled to a full refund. Please return all goods to Us with the appropriate documentation clearly marking the relevant fields. If You have any questions regarding faulty goods, please contact Our customer care team at customerservice@belstaff.com. We will deal with faulty goods on a case-by-case basis and will comply with Your statutory rights.

16.4 non-returnable goods

We are unable to accept returns of personalised goods or goods that have been made to Your specification, unless they are faulty. These provisions do not affect Your statutory rights.

16.5 refunds

Once we have received Your goods and processed Your refund You will receive an email confirmation from us.

16.6 refund process

Refunds will usually be processed by us within 14 days of Our receipt of the returned goods and will be made to the same card/payment method that You used to pay. You will not be refunded your delivery cost. However, please clarify with Your payment provider or bank how long they will take to process the refund as this is beyond Our control.

Returns must be registered on the returns portal. You can also request a returns label from customer service. Items returned that have not been registered with the returns portal and sent without a returns label or QR code cannot be accounted for and are sent at the risk of the sender.

17. other important terms

We may transfer our rights and obligations under these terms and conditions of sale to another organisation; you hereby agree to such transfer and assignment of rights and obligations. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for goods not provided.
You may only transfer Your rights or Your obligations under these Terms and Conditions of Sale to another person if We agree to this in writing.
This contract is between You and Us. No other person shall have any rights to enforce any of its terms. Neither of Us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms and Conditions of Sale.
Each of the paragraphs and sub-paragraphs of these Terms and Conditions of Sale operate separately. If any court or relevant authority decides that any of them or parts of them are unlawful, the remaining paragraphs, sub-paragraphs and parts will remain in full force and effect. The unlawful paragraphs, sub-paragraphs and parts shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract shall, however, become ineffective as a whole.
If an item You receive turns out to be faulty (for example, it has a manufacturing fault or is not fit for purpose), upon Our confirmation of the same, You are entitled, as your sole and exclusive remedy, to a full refund. All allegedly faulty goods must be returned to Us with the appropriate documentation clearly marking the relevant fields. If You have any questions regarding faulty goods, please contact Our customer care team at customerservice@belstaff.com. We will deal with faulty goods on a case-by-case basis and will comply with any legal rights to which You are entitled under applicable law.

18. applicable law and jurisdiction

These Terms and Conditions of Sale are governed by the law of England and Wales, with exclusion of the UN Convention on Contracts for the International Sale of Goods. Any dispute related to the validity, interpretation and/or execution of these Terms and Conditions of Sale shall be subject to the exclusive jurisdiction of the Courts of England and Wales. Regardless of the aforementioned, You as consumer may refer to Your habitual place’s law in case this law is more advantageous for You.
The European Commission provides a platform for online dispute resolution (ODR), which you can find under the following link: https://www.ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

The effective date of these Terms and Conditions of Sale is 13th July 2023.

Terms And Conditions Of Website Use

Thank You for visiting www.belstaff.com/de (the "Website").

The use of the Website, which is owned by Belstaff International Ltd (“Belstaff”, “We”, “Us”), a company with offices at 15-19 Britten Street, London, United Kingdom, SW3 3TY and whose VAT number is NL826885305B01, is subject to the following terms and conditions of Website use (“Terms”). Belstaff may revise these Terms at its sole discretion by updating this section, with the revised Terms taking effect for all users as of the date stated on the section.

By using Our Website, You confirm that You accept these Terms. You are also responsible for ensuring that all persons who access Our Website through Your internet connection are aware of these Terms and other applicable terms and that they comply with them.

there are other terms that may apply to you

The following additional terms apply to Your use of the Website:
  1. Our Privacy Policy, which sets out how we may use Your personal information.
  2. Our Cookie Policy, which sets out information about the cookies on Our Website.
  3. If You purchase goods from Our Website, the Terms and Conditions of Sale will apply to the sales.

no warranties

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 Website 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.

The aforementioned exclusion does not apply in case of
  • injury to life, limb or health;
  • in the absence or omission of a warranted characteristic or non-compliance with a guarantee;
  • intentional or grossly negligent acts and/or omissions; and
  • claims under the Product Liability Act.

In the event of a breach of material contractual obligations (cardinal obligations), we shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.

The limitations of liability stated above shall not apply insofar as We have fraudulently concealed the defect or have assumed a guarantee for the quality of the product. The same applies insofar as We and You have reached an agreement on the quality of the product. The provisions of the Product Liability Act shall remain unaffected.

we may suspend or withdraw our website

Our Website is made available free of charge. We do not guarantee that Our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our Website for business and operational reasons. We will try to give You reasonable notice of any suspension or withdrawal.

we may transfer this agreement to someone else

We may transfer Our rights and obligations under these Terms to another organisation. We will always tell You in writing if this happens and we will ensure that the transfer will not affect Your rights under the contract.

information and materials submission

You agree that any and all information and materials, including, but not limited to, any data, questions or answers, comments, suggestions, which You transmit to Belstaff through the Website, by electronic mail or otherwise, shall be considered and treated as non–confidential and non–proprietary by Belstaff, except for Your personal data which shall be collected and treated by Belstaff in accordance with the Privacy Policy.

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.

links

Belstaff is in no way liable for the availability or any content of any Websites accessible by means of the Website. When accessing a Website through the Belstaff Website You acknowledge that such site is independent from the Belstaff Website. Belstaff has no control over the content of any Website accessible by means of the Website. A permanent control of the contents of Websites accessible through the Belstaff Website is not reasonable without concrete evidence of a violation of the law. If we become aware of any infringements of the law, we will remove such links immediately.

Further, the presence of a link to a Website other than the Belstaff Website 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.

submissions

After you submit a submission (as defined below) on instagram, you will have the chance to have your photographs, video, etc. Appear on the dedicated area of the website. Belstaff reserves the right, at its sole discretion, to edit any submission and to choose to include or not include such submission in the website. You acknowledge and agree that belstaff has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of information voluntarily made public through any part of the website.

Any ideas, content of any kind (including, without limitation, text, software, photographs, videos, audio visual recordings, graphics, music, and sound), or other information you provide to us by using the #belstaffman or #belstaffwoman hashtag or tagging @belstaff in a post on instagram (collectively, 'submissions') will be treated as non-proprietary and non-confidential. By transmitting or posting any submission, you hereby grant us a non-exclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any submission, as well as your name, instagram, profile picture, image, likeness, comments, posts, statements or other information, in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission may not be returned and we may use your submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing goods.

If you make a submission, you represent and warrant that you own or otherwise control the rights to your submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such submission to use such third parties' names, images or likenesses and any other third party-owned elements as necessary in and as part of your submission; and that your submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patents, trade secrets or confidentiality obligations. You further represent and warrant that such submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of 'spam'.

/You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any submission.

When you make a submission using the #belstaffman or #belstaffwoman in a post on instagram or tag @belstaff, you acknowledge and agree that those submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by belstaff without restriction. You represent and warrant that your provision of submissions complies with all applicable laws, rules and regulations, instagram's terms of use, and any third-party agreements to which you are subject. You further irrevocably waive any 'moral rights' or other rights with respect to attribution of authorship or integrity of materials regarding any submission.

breach of these terms

We will determine, in Our discretion, whether there has been a breach of these Terms through Your use of Our Website. When a breach of the Terms has occurred, we may take such action as we deem appropriate (e.g. restricting or prohibiting Your use of Our Website, taking legal actions).

You agree to fully indemnify, defend and hold Belstaff, Our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any culpable breach of these Terms by You or any other liabilities arising out of Your culpable use of this Website, or the use by any other person accessing the Website using Your shopping account and/or Your personal information.

copyrights, trademarks and other intellectual property rights

The Website as a whole, and any single element on this Website, 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 Website. The elements contained in the Website are reproduced for information and/or promotional purposes only. The Website is for personal use only. You may download or copy the elements contained in the Website 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 Website (including any software used for the management and/or development of the Website) for any purposes, other than for personal use.

acceptable use policy

The acceptable use policy contained in this section (the “Acceptable Use Policy”) forms part of the Terms and sets out the prohibited uses of Our Website and the Content Standards that apply when You upload content to Our Website, make contact with other users on Our Website, link to Our Website, or interact with Our Website in any other way.

Prohibited uses

You may use Our Website only for lawful purposes. You may not use Our Website:
  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To bully, insult, intimidate or humiliate any person.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with Our Content Standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
  • Not to reproduce, duplicate, or copy any part of Our Website in contravention of the provisions of these Terms.
Interactive services

We may from time to time provide interactive services on Our Website. Where we do provide any interactive service, we will provide clear information to You about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do Our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on Our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on Our Website, and we expressly exclude Our liability for any loss or damage arising from the use of any interactive service by a user in contravention of Our Content Standards, whether the service is moderated or not. The aforementioned exclusion does not apply in case of
  • injury to life, limb or health;
  • in the absence or omission of a warranted characteristic or non-compliance with a guarantee;
  • intentional or grossly negligent acts and/or omissions; and
  • claims under the Product Liability Act.
The use of any of Our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide You with a means of contacting the moderator, should a concern or difficulty arise.

Content Standards

The content standards set out in this section (the “Content Standards”) apply to any and all material which You contribute to Our Website or any interactive services associated with it, and to any Website in which Our Website is linked to (a “Contribution”).
The standards apply to each part of any Contribution as well as to its whole.
Belstaff will determine, in its discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
  • Be accurate (where it states facts);
  • Be genuinely held (where it states opinions);
  • Comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
  • Be defamatory of any person;
  • Be obscene, offensive, hateful or inflammatory;
  • Bully, insult, intimidate or humiliate;
  • Promote or include sexually explicit material;
  • Promote violence;
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Infringe any copyright, database right or trade mark of any other person;
  • Be likely to deceive any person;
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • Promote any illegal content or activity;
  • Be in contempt of court;
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
  • Be likely to harass, upset, embarrass, alarm or annoy any other person;
  • Impersonate any person or misrepresent Your identity or affiliation with any person;
  • Give the impression that the Contribution emanates from Belstaff, if this is not the case;
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
  • Contain a statement which You know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
  • Contain any advertising or promote any services or web links to other sites.

salvatory clause

Each of the paragraphs and sub-paragraphs of these Terms of Use operate separately. If any court or relevant authority decides that any of them or parts of them are unlawful, the remaining paragraphs, sub-paragraphs and parts will remain in full force and effect.

governing law and jurisdiction

These Terms, and the use of the Website itself, shall be exclusively governed by the law of England and Wales. Any disputes concerning the interpretation and execution of these Terms, or the use of the Website itself, shall be referred exclusively to the courts of England and Wales. Regardless of the aforementioned, You as consumer may refer to Your habitual place’s law in case this law is more advantageous for You.

The effective date of these terms and conditions of Website use is 13th July 2023.