Terms & Conditions

general

www.belstaff.com (the “Website”) is operated by Belstaff International Ltd (“Belstaff”) whose VAT number is 853 9005 22 and Registered Office is at 15-19 Britten Street, London, 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

Your use of this Website and election to engage in any transactions through or using this Website confirms Your agreement to these Terms and Conditions of Sale (the “Terms”). If You do not want to agree to these Terms, You must not access or use the Website or attempt to process any transactions through or using the Website.
We reserve the right to change at Our discretion these Terms at any time and continued use of this Website will be construed as Your acceptance of any new or revised Terms. If these Terms 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. You are expected to periodically read the Terms to ensure You are fully informed of any relevant and applicable changes, as they are binding on You.
By using this Website, you agree to Our Terms and Conditions of Website Use that generally apply to the use of the Website (the “Website Terms”). You also agree that Your use of the Website it is for Your own non-commercial use 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 organization.
You also undertake that You will not gain or attempt to gain access to Our information technology systems for any purpose, including, but not limited to, 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 You and other users. We reserve the right to withdraw access to the Website at Our discretion if We feel an individual is in breach of these Terms or the Website Terms. We may also report to the police where necessary, the details of any user who may be criminally liable under applicable law.
Use of this Website constitutes Your agreement to observe and respect 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 and without liability. We also reserve the right to make the Website unavailable in whole or part at Our discretion without notice and without liability.

2. no warranties; limitation on liability

To The Fullest Extent Provided By Law, Except To The Extent Expressly Set Forth In These Terms, Belstaff Hereby Disclaims All Warranties Of Any Kind, Whether Express Or Implied, Statutory, Or Otherwise, Including But Not Limited To Any Warranties Of Merchantability, Non-infringement, And Fitness For Particular Purpose With Respect To The Goods.
To The Fullest Extent Provided By Law, In No Event Will Belstaff, Its Affiliates, Or Their Licensors, Service Providers, Employees, Agents, Officers, Or Directors Or Any Of Their Successsors Or Assigns Be Liable For Damages Of Any Kind, Under Any Legal Theory, Arising Out Of Or In Connection With Your Use, Or Inability To Use, The Website, Any Websites Linked To It, Any Content On The Website Or Such Other Websites And Any Goods Sold Through Or Using The Website, Including, But Not Limited To, Any Direct, Indirect, Special, Incidental, Consequential, Or Punitive Damages, Including But Not Limited To, Personal Injury, Pain And Suffering, Emotional Distress, Loss Of Revenue, Loss Of Profits Or Sales, Loss Of Business Or Anticipated Savings, Loss Of Use, Loss Of Goodwill, Interruption Of Business Or Professional Activity, Loss Of Data Or Other Programs Of Whatever Nature On Your Information Processing System, And Whether Caused By Tort (including Negligence), Breach Of Contract, Or Otherwise, Even If Foreseeable And Even If Belstaff Is Made Expressly Aware Of The Possibility Of Such Damages.
We only supply goods to You for domestic and private use. If You use the goods for any commercial, business, or re-sale purpose 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 the fullest extent permitted by applicable law, to fully indemnify, defend and hold Us, Our affiliates, Our and their officers, directors, employees, agents and suppliers, and Our and their successors and assigns, harmless immediately on demand, from and against all claims, suits, liability, damages, judgments, awards, losses, fees, fines, penalties, costs and expenses, including, but not limited to, reasonable legal fees, arising out of any breach of these Terms by You or any other liabilities arising out of Your 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, this will not constitute a waiver and does not affect Our right to do so in the future against the same or different parties, whether it be for a breach of a similar or differing nature. More generally, no waiver by Belstaff of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Belstaff to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

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 either as a guest or by creating a permanent user account. Please refer to the “ACCOUNT CREATION AND SECURITY” section of the Website Terms for additional terms applicable to your account.
We reserve the right at any time to refuse access to the Website, amend and remove content and cancel orders all without liability to You.

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 through or using this Website. The images of the goods on Our Website are for illustrative purposes only. Although We have made every effort to display the colors accurately, We cannot guarantee that a device’s display of the colors accurately reflects the color 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

All prices on Our Website are in US dollars (USD) unless otherwise stated. All charges will be made in US Dollars (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 exclusive of all sales and other applicable taxes, all of which shall be added to the price of the goods and which shall be paid by You.
We take all reasonable care to ensure that the advertised price of the goods is correct. However, it is possible that, despite Our best efforts, some of the goods We sell may be incorrectly priced. We will normally check prices before accepting Your order so that where the goods’ correct price at Your order date is less than Our stated price at Your order date, We will charge the lower amount. If the goods’ correct price at Your order date is higher than the price stated to You, We will contact You for Your instructions before We accept Your order. If We accept and process Your order where a pricing error is obvious and unmistakeable and could reasonably have been recognized by You as a mispricing, We may end the contract, refund You any sums You have paid and require the return of any goods provided to You.
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, if resolved in Our favor, We will charge You, and You agreed to pay, interest on correctly charged sums from the original due date at the highest rate of interest permitted by applicable law.

8. reserved

9. promotions

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

Payment

10. card payment

This Website accepts payment by Visa, Visa Debit, MasterCard, American Express, PayPal, ShopPay, Google Pay, Apple Pay, Amazon Pay and Klarna.
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 In 4 (available on orders up to $1,000 online and $2,000 in-store): Your first instalment will be collected when Your order is despatched and instalments 2, 3 and 4 are scheduled every 2 weeks post-purchase, so you spread the cost over 6 weeks. You can find further information regarding Pay In 4 including terms and conditions here for the markets where this payment method is available here: https://www.klarna.com/us/pay-in-4/
The payment method Pay In 4 is 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.

11. card payment processing

All card payments will be processed by Our partner Shopify International Limited. We will only take payment from Your account once We have dispatched Your order in part or full. You will be charged the price of the goods, as well as such additional amounts to cover shipping and any other charges and all applicable taxes on the goods.

Contract And Cancellation

12. the contract and contract cancellation

The offer of goods on this Website or the acknowledgement of having received Your request for an 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 dispatch Your order in part or full. The acceptance of Your order will only pertain to the goods named within the email confirming dispatch of Your goods. We reserve the right not to accept Your order, entirely or partially, for any commercial reason whatsoever. By placing a request for an order for goods from this Website, You affirm that You are of legal age to enter into an online contract to purchase goods and that you have read, understand and agree to these Terms and the Website Terms.

13. cancellation policy

You may cancel an order made on this Website up to 14 days after You have received Your delivery (or, if not received because you were not available to take delivery, 14 days after the date we first attempted to make delivery). Your right to cancel an order does not apply to personalized goods or goods that have been made to Your specification. Your delivery charges will be refunded up to the value of the least expensive delivery method that We offer (provided that this is a common and generally acceptable method). For example, if We offer delivery of goods within 5-10 working days at one cost, but You choose to have the goods delivered the next day for a higher cost, then We will only refund You what You would have paid for the cheaper delivery option. 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 care department at customerservice@belstaff.com stating the order number and giving Your clear instruction to cancel the order. If You wish to do so, You may cancel the contract using the Model Cancellation Form.
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 placement, Your cancelled order may already be picked and will be delivered to You. Please refuse any delivery of cancelled goods or contact Our customer care team at customerservice@belstaff.com to arrange for them to be returned to Us using Our free courier service.
You must take reasonable care of the goods delivered to You and for which You cancelled an order. Belstaff will approve the return of the goods only if the goods sent back to Belstaff are in perfect condition, new, unused and with all tags and labels attached. In such a case, Belstaff will endeavor to reimburse the price originally paid by crediting the refund to the card/payment method You originally used to pay for the goods, within 14 days from the date of receipt of the returned goods. However, please clarify with Your payment provider or bank how long they will take to process the refund as this is beyond Our control.
If the goods appear to be worn or used, are missing any of the labelling or tags, do not comply with these Terms, or Belstaff has any reason to believe that the goods have been altered, are an imitation of the goods, or were not purchased directly through the Website, Belstaff will not accept the return and will return the goods to You at Your cost and expense.

Delivery, Returns And Refunds

14. delivery and providing the goods

We aim to deliver in the quickest time possible and the cost and timings of delivery will be displayed on Our Website. The timing of delivery of goods, however, is not of the essence, as we cannot guarantee any estimated or expected delivery dates. If Our supply of the goods is delayed by an event outside Our control, including, but not limited to, natural disasters, severe weather, shutdowns, governmental orders, viruses or outbreaks, war, terrorist attack (or threat thereof), work stoppages, shortages, supplier failure, carrier failure or other failure or delay of transportation systems, and failure of communication systems, then We will contact You as soon as possible to let You know. We will not be liable for delays or failures caused by any such events, but if there is a substantial delay You may contact Us to request to end the contract and if approved You will receive a refund for any goods You have paid for but not received.
If no one is available at Your address to take delivery and the goods cannot be posted through Your letterbox, We will leave You a note informing You of how to rearrange delivery or collect the goods from a local depot.
If, after a failed delivery to You, You do not re-arrange delivery or collect them from a delivery depot, We will contact You for further instructions and may charge You for storage costs and any further delivery costs. If, despite Our reasonable efforts, We are unable to contact You or re-arrange delivery, We may end the contract and We may charge You, and You agree to pay, reasonable compensation for the net costs We have and will incur as a result of Your failure to take delivery of the goods.
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 request 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 or terminate 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 applicable 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 and/or terminating the supply of the goods unless the problem is urgent. You may contact Us to end the contract for goods if We suspend or terminate the supply of goods or tell You We are going to suspend or terminate the supply of goods, 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. refund and returns policy

16.1 returns policy

After receiving Your goods, You have 30 days within which to return them, should You wish.

16.2 returns process

This Website accepts payment by Visa, Visa Debit, MasterCard, American Express, PayPal, ShopPay, Google Pay, Apple Pay, Amazon Pay and Klarna.
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 In 4 (available on orders up to $1,000 online and $2,000 in-store): Your first instalment will be collected when Your order is despatched and instalments 2, 3 and 4 are scheduled every 2 weeks post-purchase, so you spread the cost over 6 weeks. You can find further information regarding Pay In 4 including terms and conditions here for the markets where this payment method is available here: https://www.klarna.com/us/pay-in-4/
The payment method Pay In 4 is 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.

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), 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.

16.4 non-returnable goods

We are unable to accept returns of personalized goods or goods that have been made to Your specifications, unless they are determined to be faulty. These provisions do not affect any legal rights you may have under applicable law. You may not return goods which are damaged or otherwise faulty if the same was caused by environmental conditions, improper storage or handling, misuse or use other than for the intended purpose, or accident.

16.5 refund process

Refunds which We determine to be acceptable 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. Once We have received Your goods and processed Your refund You will receive an email confirmation from Us. You will not be refunded Your delivery cost unless You are returning faulty goods are confirmed by Us to be faulty. However, please clarify with Your payment provider or bank how long they will take to process the refund as this is beyond Our control.

17. our rights to end the contract

We may terminate the contract for the goods at any time by writing to You if:
  1. You do not make any payment to Us in full when it is due;
  2. You do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to provide the goods or otherwise process any transaction for the purchase and sale of goods;
  3. You do not, within a reasonable time, allow Us to deliver the goods to You or collect them from Us; or
  4. You breach these Terms, the Website Terms or any other applicable rules or policies.
If We terminate the contract in the situations set out in this clause We will refund any money You have paid in advance for goods We have not provided.

18. your rights to end the contract

If You terminate a contract for a reason set out at (a) to (e) below, the contract will end immediately and We will refund You in full for any goods which have not yet been shipped as of the date We receive written notice from You terminating the contract. The reasons are:
  1. We have told You about an upcoming change to the goods which You do not agree to;
  2. We have told You about an error in the price or description of the goods You have ordered and You do not wish to proceed;
  3. The supply of the goods is significantly delayed because of events outside Our control;
  4. We have suspended supply of the good, or notified You that We are going to suspend such good; or
  5. You have a right under applicable law to terminate the contract.
We may charge You compensation for the net costs we incur as a result of Your termination of the contract.

19. other important terms

We may transfer or assign Our rights and obligations under these Terms, in whole or in part, to one or more other persons or entities in Our sole discretion. We will contact You to let You know if We have made any such transfer or assignment.
You may only transfer or assign Your rights or Your obligations under these Terms to another person if We agree to this in writing, in Our sole discretion. Any attempted or purported transfer or assignment in violation of the preceding shall be void and of no effect.
These Terms constitute a legally binding contract between You and Us. No other person or entity shall have any rights to enforce any provision of these Terms.
Each of the paragraphs and sub-paragraphs of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs and sub-paragraphs will remain in full force and effect. It is the intention of You and Us that these Terms be enforced to the fullest extent permitted by applicable law.

20. applicable law and jurisdiction

These Terms, the use of the Website and all transactions processed through or using the Website, including all disputes or claims arising therefrom or related thereto, are governed exclusively by the laws of the State of New York, USA, without giving effect to any choice of law provision or rule (whether of the State of New York or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website or transactions processed through or using the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. In each case located in the City of New York and County of New York although We retain the right to bring any suit, action, or proceeding against You for breach of these Terms in Your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

20. applicable law and jurisdiction

These Terms, the use of the Website and all transactions processed through or using the Website, including all disputes or claims arising therefrom or related thereto, are governed exclusively by the laws of the State of New York, USA, without giving effect to any choice of law provision or rule (whether of the State of New York or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website or transactions processed through or using the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. In each case located in the City of New York and County of New York although We retain the right to bring any suit, action, or proceeding against You for breach of these Terms in Your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

21. limitation of time to file claims

Any Cause Of Action Or Claim You May Have Arising Out Of Or Relating To These Terms Or The Website Or Any Transactions Processed Through Or Using The Website Must Be Commenced Within One (1) Year After The Cause Of Action Accrues; Otherwise, Such Cause Of Action Or Claim Is Permanently Barred

22. entire agreement

These Terms, in addition to all other applicable Belstaff policies incorporated herein, constitute the sole and entire agreement between You and Belstaff regarding the Website and transactions processed through and using the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and any transactions processed through or using the Website.

The effective date of these Terms and Conditions of Sale is 16th August 2021.

Terms And Conditions Of Website Use

Effective Date: August 9, 2021

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

The use of the Website, which is owned by Belstaff North America Inc (“Belstaff”, “We”, “Us”, “Our”), of 62 Gansevoort Street, NY, NY 10014, is subject to the following Terms and Conditions of Website Use (“Terms”). Belstaff may revise these Terms at any time at its sole discretion by updating these Terms, with the revised Terms taking effect for all users as of the effective date stated above. You are expected to check this page from time to time so You are aware of any changes, as they are binding on You.

By using Our Website, You confirm that You accept these Terms, as well as any of Our other policies incorporated herein by reference. 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. If You do not want to agree to these Terms or Our other policies, You must not access or use the Website. This Website is offered and available to all users 16 years of age or older. By using this Website, You represent and warrant that You meet the foregoing eligibility requirements. If You do not meet the requirements, You must not access or use the Website.

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.

account creation and security

To access some of the resources the Website offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Website that all the information You provide on the Website is correct, current, and complete. You agree that all information You provide to create an account with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by Our Privacy Policy, and You consent to all actions we take with respect to Your information consistent with Our Privacy Policy. If You create a username, password, or any other piece of information as part of Our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your username or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information. We have the right to disable any username, password, or other identifier at any time in Our sole discretion for any or no reason, including, without limitation, if, in Our opinion, You have violated any provision of these Terms.

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. You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BELSTAFF NOR ANY PERSON ASSOCIATED WITH BELSTAFF MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BELSTAFF NOR ANYONE ASSOCIATED WITH BELSTAFF REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, BELSTAFF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

limitation on liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BELSTAFF, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS OR ANY OF THEIR SUCCESSSORS OR ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS OR SALES, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, INTERRUPTION OF BUSINESS OR PROFESSIONAL ACTIVITY, LOSS OF DATA OR OTHER PROGRAMS OF WHATEVER NATURE ON YOUR INFORMATION PROCESSING SYSTEM, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF BELSTAFF IS MADE EXPRESSLY AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

we may suspend, amend 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 at any time suspend, amend, withdraw or restrict the availability of all or any part of Our Website in Our sole discretion and without notice.

we may transfer this agreement to someone else

We may transfer Our rights and obligations under these Terms to another person or entity.

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 (collectively, 'user contributions'), 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 user contributions to belstaff, you automatically grant belstaff a worldwide, royalty free, perpetual, transferable, fully sublicensable irrevocable and non-exclusive right to use such user contributions including, but not limited to, the right to reproduce, copy, publish, edit, translate, modify, adapt, sell, assign, communicate, distribute, display and create derivative works of such user contributions, 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 user contributions 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 user contributions, for any purpose, without any compensation to you or any other person, for any title, reason or cause. By transmitting any user contributions to belstaff, you represent and warrant that no submission made by you breaches the rights of any third party, and that you own or control all rights in and to the user contributions and have the right to grant the license granted above to us and our respective licensees, successors, and assigns. Further, you represent and warrant that all of your user contributions do and will comply with these terms. You understand and acknowledge that you are responsible for any user contributions you submit or contribute, and you, not belstaff, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any user contributions posted by you or any other user of the website.

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 Website, You acknowledge that such site is independent from the Website. Belstaff has no control over the content of any website accessible by means of the Website. Further, the presence of a link to a website other than the Website does not imply acceptance of liability by Belstaff for the content or the use of such website, and such access is entirely at Your own risk and subject to the terms and conditions of use for such websites. 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 under the circumstances, including, but not limited to, suspending your access to the Website and/or notifying law enforcement authorities. We disclaim and exclude liability for Our actions taken in response to breaches of these Terms. You agree, to the fullest extent permitted by applicable law, to fully indemnify, defend and hold Belstaff, its affiliates, Our and their officers, directors, employees, agents and suppliers, and Our and their successors and assigns, harmless immediately on demand, from and against all claims, suits, liability, damages, judgments, awards, losses, fees, fines, penalties, costs and expenses, including, but not limited to, reasonable legal fees, arising out of any breach of these Terms by You or any other liabilities arising out of Your use of this Website, including, but not limited to, Your User Contributions, Your Submissions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or Your use of any information obtained from the Website, whether such use is by You or 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 with, 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 Your personal use. If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, Your right to use the Website will stop immediately and You must, at Our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by Belstaff. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

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, contact 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, state, national or international law, rule or regulation or any provision of these Terms. 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 impersonate or attempt to impersonate Belstaff, any Belstaff employee, another user, or any other person or entity (including, without limitation, by using email addresses or account information associated with any of the foregoing). 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 or otherwise attempts to interfere with the proper working of the Website You also agree: Not to reproduce, duplicate, or copy any part of Our Website in contravention of the provisions of these Terms. Not introduce into the Website or use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website. 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 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 disclaim and 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 and these Terms, whether the service is moderated or not. We also assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section. 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. Further, where we do moderate, We have the right to: Remove or refuse to post any User Contributions for any or no reason in Our sole discretion. Take any action with respect to any User Contribution that we deem necessary or appropriate in Our sole discretion, including if We believe that such User Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Belstaff. Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and Terminate or suspend Your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms. Without limiting the foregoing, We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WAIVE AND HOLD HARMLESS BELSTAFF AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BELSTAFF AND OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. 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, including User Contributions and Submissions, and to any website in which Our Website is linked to (each, a “Contribution”). The Content 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 applicable laws, rules and regulations and in any jurisdiction 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, including Belstaff; 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. Impersonate any person, or misrepresent Your identity or affiliation with any person or organization

governing law and jurisdiction

These Terms, and the use of the Website itself, and any disputes or claims arising therefrom or related thereto shall be exclusively governed by the laws of the State of New York, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. In each case located in the City of New York and County of New York although We retain the right to bring any suit, action, or proceeding against You for breach of these Terms in Your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

limitation of time to file claims

Any Cause Of Action Or Claim You May Have Arising Out Of Or Relating To These Terms Or The Website Must Be Commenced Within One (1) Year After The Cause Of Action Accrues; Otherwise, Such Cause Of Action Or Claim Is Permanently Barred.

waiver and severability

No waiver by Belstaff of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Belstaff to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

entire agreement

These Terms, in addition to all other applicable Belstaff policies incorporated herein, constitute the sole and entire agreement between You and Belstaff regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

your comments and concerns

This Website is operated by Belstaff North America Inc, of 62 Gansevoort Street, NY, NY 10014.

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to customerservice@belstaff.com.