Burberry Limited - Terms and Conditions

A. INTRODUCTION

1
www.burberry.com (the "Website") is owned by and/or operated by or on behalf of Burberry Limited ("Burberry," "we," or "us"). If you have any questions regarding the Website or these terms and conditions, or in the unlikely event that you have any complaints about any products purchased by you from the Website or through any Applications (as defined below), you can contact us at:

Burberry Limited
444 Madison Avenue
New York NY 10022
United States

Contact Us

customerservice@burberry.com

2
If you select a shipping destination outside the United States of America, please see the China Terms and Conditions (if shipping to China) and the Terms and Conditions of Burberry Limited (UK), (if shipping elsewhere), which shall apply to your purchase and use of the Website.



B. USE OF WEBSITE

1
These terms and conditions and any other policies referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together the "Terms") apply to your use and access to the Website and any other website or application permitting you to place an order with Burberry for any products and services (such websites and applications being the "Applications" for the purpose of these Terms) including all orders submitted by you for any products or services made available by us for purchase over the Website and/or the Applications. As the context requires, references to “Website” in these Terms shall also include Applications as applicable. By accessing this Website and/or Applications you acknowledge that you have read, understand, and agree to be unconditionally bound by these Terms and we therefore advise you to read these Terms carefully and to save or print a copy of these Terms and Conditions for future reference. If you do not agree to these Terms, you must cease using and accessing the Website and all Applications immediately. The Terms may be changed and updated from time to time and any changes will be effective from the publication of the amended Terms on the Website or relevant Application. Please note that all options available on our Website may not be available on any Application or the Website accessed using a mobile device.

2
Please note that these Terms do not affect your statutory rights as a consumer.

3
You agree that the information you provide when you register on this Website is not misleading, true and accurate in all respects and you will notify our customer service team of any changes to that information.

4
We may change, withdraw, or suspend access to this Website (in whole or part and permanently or temporarily) with or without notice and with no liability to you.

5
This Website may include links to other websites or resources ("Linked Websites"). Burberry has no control over the content of Linked Websites and you agree that, should you access a Linked Website using a link from this Website, Burberry is not responsible for the availability of the Linked Websites, and is not liable in any way for the content of Linked Websites, including (without limitation) any goods or services available from such Linked Websites, other advertising or content on such Linked Websites or the use that such Linked Websites make of your personal information. Furthermore Burberry will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Linked Websites or the content thereon.

6
Burberry may deny you access to this Website for publication at any time in its sole discretion. Examples of when we may so deny you access include but is not limited to where we believe that your use of the Website is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.

7
Any material that you upload to this Website will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.

8
Burberry will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of this Website and you hereby agree to be responsible to Burberry for and indemnify, defend and hold harmless Burberry and keep Burberry indemnified against all costs, damages, expenses, losses and liabilities (including reasonable attorney's fees) incurred and/or suffered by Burberry as a result of any claim in respect of your use of the Website or any activity related to your account by you or any person other than Burberry.

9
Burberry has the right to remove any material or posting you make on the Website in Burberry's sole discretion.

10
The Website and its services are not directed toward children under the age of 13. If you are under the age of 13, you are not permitted to use the Website or its services.



C. PURCHASE OF PRODUCTS

If you are purchasing from Burberry Bespoke (as defined in Section D(1)) or placing a pre-order for Products from Burberry's runway collection, the following Sections C(1) to C(8) below may be superseded by or may apply in addition to specific terms applicable to such Products as set out in Sections D and E below respectively.


1. ACCEPTANCE OF ORDERS

1.1
All information on the Website is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order (the "Products") from us on the Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason without liability to you. Examples of when we may not accept your order are as follows:

(a) If products are shown on the Website but are not available or are incorrectly priced or otherwise incorrectly described;
(b) If we are unable to obtain authorisation of your payment;
(c) If you order multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address;
(d) If shipping restrictions may apply to a Product.
(e) If the delivery address you give is the address of an entity or individual providing freight forwarding services.

1.2
After submitting an order to us, we will send you an order acknowledgement email with your order number and details of the Products you have ordered. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of a contract of sale between us and you will not take place unless and until (i) we have sent you an email confirming that the Products have been dispatched ("Dispatch Confirmation"); or (ii) in the event (where such service is available) you have elected to collect the Products from a specified Burberry store, we have sent you an email that the goods have been dispatched to the specified Burberry store. Please note that the option to collect in store is only available in certain specified countries and from specified Burberry stores and is not available on any Application or the Website accessed using a mobile device. Further information is available at Shipping Destinations, Costs and Delivery Times / Collect In Store.

1.3
Orders can also be placed by telephone in English, French, Spanish, German, Mandarin, Cantonese, Japanese, Korean, Italian, Russian, or Brazilian Portuguese with our Customer Service team Contact Us. Where you provide us with an email address, we will follow the process outlined in Section C (1.2) above. If you have not provided us with an email address, we reserve the right to follow an alternative process, which will be notified to you at the time.

1.4
When placing an order for the first time, you may be required to or may be offered the option to register with us and complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Website, such as the My Account section of the Website ("Secure Access"). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorised use of the Secure Access or if the Secure Access becomes available to an unauthorised party. Without prejudice to our other rights and remedies, we may suspend your access to the Website without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Website.

1.5
In the event prolonged inactivity causes your connection to the Website to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Please note that items in your shopping basket and on your wishlist are not reserved and may be purchased by other customers.

1.6
Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.

1.7
You will only be charged for products (together with the relevant delivery charges, card processing or payment processing charges) when they have been dispatched to you or, in the event you have elected to collect the Products from a specified Burberry store, when the Products have been dispatched for delivery to the relevant Burberry store.

1.8
While all the Products sold through the Website will always correspond with their description, variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view our Website may mean that the colours, fabrics and designs of the Products displayed on our Website and the Products received by you may differ in appearance in minor respects.

1.9
We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing freight forwarding services. In the event that we do accept any order and we subsequently become aware that the corresponding delivery address for such order is that of an entity or individual providing freight forwarding services, we shall be entitled to cancel such order upon notice to you by email or telephone.


2. PRICES

2.1
All prices of Products on this Website are stated in United States Dollars and are the price for the Products only. They do not include any applicable sales tax payable. They do not include the charge for delivery. Find out more about delivery charges at Shipping Destinations, Costs And Delivery Times.

2.2
We endeavour to ensure that all pricing information on the Website is correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product's correct price is lower than the price stated on the Website, subject to our right to refuse an order pursuant to Section C 1.1(a), we will charge the lower amount and send you the Product. If a Product's correct price is higher than the price stated on the Website, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price.

2.3
Burberry may vary the prices of Products listed on this Website at any time and without any notice but such changes will not apply to Products in respect of which you have been sent a Dispatch Confirmation.

2.4
Please note that in some countries additional duties, taxes, fees, or similar charges may be payable to your national and local tax authorities on receipt of your delivery or in connection with your order, including without limitation, sales, use, excise, import, or similar taxes or duties. You will be responsible for payment of any such duties, fees, and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.

2.5
Please note that Burberry Limited (UK company) will make a donation of the UK£ equivalent of 1% of the value of your purchase to the Burberry Foundation.


3. PAYMENT TERMS

3.1
The total cost of your order will be the purchase price for the Products, plus any delivery charges. Find out more about Shipping Destinations, Costs and Delivery Times.

3.2
More information about the payment methods that we accept, and details of when an order will be charged to your account can be found in our Payment section.

3.3
Please note that we accept payment in United States Dollars.

3.4
You confirm that the credit/debit card that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card is valid and the inputted payment details are correct. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

3.5
We are not responsible for any charges or other amounts which may be applied by your card issuer or bank as a result of our processing of your credit/debit card payment in accordance with your order.

3.6
If your credit/debit card is not denominated in the currency of your purchase indicated on the Website, the final price may be charged in the currency of your card. Such final price is calculated and charged by your card issuer or bank and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer charging you in a different currency other than the currency of your purchase as displayed on the Website.


4. GIFT CARDS AND EVOUCHERS

4.1
Gift Cards and evouchers can be redeemed against all products (except gift cards) online on the Burberry.com US site and at Burberry Stores in the United States of America. Store lists are available on this website.

4.2
Sales tax may be applicable on products purchased with a Burberry Gift Card depending on the delivery destination of your order. Please see the Payment section for further information.

4.3
Gift Cards are non transferable and may not be returned or redeemed for cash.

4.4
If the total amount of your order is less than the value of the Gift Card, the remaining balance will remain on your Gift Card or evoucher and can be redeemed against subsequent orders. To check your Gift Card or evoucher balance please Contact Us.

4.5
If the total amount of your order is more than the value of the Gift Card, the remaining balance must be paid by a valid form of payment. Please see the Payment section for further information.

4.6
If you return products purchased in whole or in part with a Gift Card or evoucher your refund will be credited by an evoucher.

4.7
Only original gift cards will be accepted. For enquiries regarding the authenticity or validity of your Gift Card, please contact customer service at Contact Us.

4.8
Burberry is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.


5. INVOICING

5.1
Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.


6. DELIVERY, TITLE AND RISK

6.1
Orders will be sent to the delivery address that you have given on your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes. Please note that there are restrictions on the locations to which we deliver Products purchased from our Website. Details of the locations to which we deliver are available from us on request.

6.2
If you have selected our US Next Day service, provided (i) your order has been submitted to us before 2pm Eastern Standard Time on the previous working day and (ii) your order has been accepted by us, we will endeavour to despatch your order in time for a next working day delivery . The US Next Day service is not available for shipping destinations in Hawaii or in Alaska. Please see Shipping Destinations, Costs and Delivery Times for If you have selected US standard delivery and provided your order has been accepted by us,, Burberry Distribution will endeavour to despatch your order in accordance with the estimated delivery times set out at Shipping Destinations, Costs and Delivery Times. Orders received after any specified cut off or last order time or received on a day which is not a working day will be processed on the next working day. Estimated delivery times will be calculated from the date on which the order is processed. For these purposes, a working day means any day in which banks are open for business in New York, other than Saturdays and Sundays or federal holidays in the United States of America. Where you have selected our US Next Day service, your sole remedy for any failure by Burberry to despatch your order in time for a next working day delivery shall be your right to cancel the relevant order and receive a full refund of any monies paid to us in respect of that order. Please note that all delivery options available on our Website may not be available on any Application or the Website accessed using a mobile device.

6.3
Title in the Products will pass to you on the later of:-
(a) the date on which we receive payment in full for such Products; and
(b) the date and time of collection of such Products for delivery to your nominated address or the designated Burberry store, where you have elected to collect your order from a Burberry store.

6.4
Once a Product has been received by you or collected by you (or your nominated third party)from the designated Burberry store, where appropriate, all risk of damage to, or loss of, the Product shall pass to you. In the event that you elect to collect the Product from a Burberry store, where that service is available, all risk of damage to, or loss of, the Product shall pass to you upon the collection of such Product by you or by a third party on your behalf from the designated Burberry store.

6.5
We shall be entitled to deliver the Products in instalments and each instalment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.

6.6
In the event that a Product is subsequently imported into a country other than (i) the country to which we delivered the Product in the event you elect to collect your product from a Burberry store, where that service is available, other than the country in which the specified Burberry store is located, or (ii) you shall be responsible for complying with all local import requirements, laws, regulations and rules and paying all import taxes and duties as may be applicable in respect thereof.

7. CANCELLATION AND RETURNS

7.1
Should you wish to cancel or return any Products, you may only do so in accordance with our Returns & Cancellation policy.

7.2
Please note that you will not be entitled to cancel or return a Bespoke Trench (as defined in Section D(2)) or personalised Products other than in accordance with your statutory rights pursuant to Section D(11).


8. AGE REQUIREMENTS

8.1
If you order a Product to which a minimum age requirement applies, by ordering that Product you confirm that you are of the required age. If we reasonably believe that you are not legally entitled to order a Product, we reserve the right to cancel your order.



D. BURBERRY BESPOKE

1
The Burberry Bespoke Terms in this Section D apply to your use of the Burberry Bespoke areas of this Website (“Burberry Bespoke”) and any purchase of a Bespoke Trench (as defined below in section D(2)) and apply in addition to, and in the event of any conflict take precedence over, the Terms set out in sections C(1) to C(8). In all other respects Sections C(1) to C(8) of the Terms continue to apply in full force and effect.

Creating your Bespoke Trench

2
You will be required to select from a number of different options provided by Burberry in order to create a trench coat to your specification (your “Bespoke Trench”).

3
You hereby acknowledge Burberry's sole and exclusive right, title and interest in any and all the intellectual property rights in your Bespoke Trench and/or User Content (as defined below) and/or Name (as defined below) and you further acknowledge and agree that all copyrights, patents, trademarks, service marks, logos, trade dress, trade names, trade secrets, inventions, know-how, moral rights, design rights and other intellectual property and proprietary rights of every kind and nature in any jurisdiction worldwide (including all registrations, applications, renewals, extensions, continuations, divisions or reissues thereof now or hereafter existing) in your Bespoke Trench(es) and/or User Content and/or Name shall belong to Burberry and that you hereby undertake to execute, or arrange to have executed, any and all documentation required to vest all such rights in and to Burberry if and when required by Burberry. To the extent that any such intellectual property rights in the Bespoke Trench(es) and/or User Content and/or Name do not vest in Burberry by operation of law, you shall assign and transfer the same to Burberry with full title guarantee to Burberry upon their creation, or where possible hereby assign and transfer the same to Burberry with full title guarantee by way of a present assignment of future rights. To the extent such transfer is not valid, you grant Burberry an exclusive, perpetual, irrevocable, royalty-free, fully paid-up licence to use the design of your Bespoke Trench and/or User Content and/or Name for any purpose whatsoever. To the extent that moral rights or other rights hereunder cannot be transferred or assigned under applicable law for any reason, you hereby waive and agree not to enforce any and all such rights, including without limitation any right to identification of authorship or limitation on subsequent modifications that you may have in the Bespoke Trench(es) and User Content, and hereby irrevocably license each and all such rights to Burberry and its successors and assigns on an exclusive, perpetual and fully paid up basis with full rights of assignment, transfer, and sublicensing, in each case as of the time of creation and thereafter.

4
You agree that you shall have no claim against Burberry or any other party in the event that a Bespoke Trench that is the same or similar to your Bespoke Trench is designed, used, or created by Burberry or any other person or made available to the public.

5
Bespoke Trenches are always tailored according to the sizing chosen by you from the sizing charts. Furthermore, Bespoke Trenches are made from different rolls of fabric or batches of raw materials and therefore may deviate slightly in shade and/or finish due to normal variations in the dyeing or manufacturing process.

6
In some cases, Burberry may decline your order on the basis of the design of the Bespoke Trench you have created. Notwithstanding this, Burberry does not have any obligation to review, comment on or to accept or decline any Bespoke Trench design submitted for purchase.

Sharing your Bespoke Trench

7
When you create your Bespoke Trench, you will also be given the option to ‘Give your Trench a name'. You shall ensure that any name you give to a Bespoke Trench (the “Name”) does not infringe or misappropriate the rights of any third party and you represent and warrant that you have all right, title and interest in the Name proposed by you. You hereby agree to be responsible to Burberry for and indemnify Burberry and keep Burberry indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by Burberry as a result of any third party claim that your Name infringes or misappropriates such third party's rights. Without prejudice to the foregoing, Burberry reserves the right to reject or remove any Name in Burberry's sole discretion. Examples of when Burberry may reject a Name are where your Name contains trademarks of third parties that you do not have the right to use or contains material that we do not want to associate with our Products.

8
You will also be given the option to share your Bespoke Trench and any ideas, graphics, designs, questions, text and other information and content with others by posting it on selected networks and/or websites, including without limitation the Website, or sending it by email (“User Content”). You agree that you shall not post any User Content that: (i) is illegal, defamatory, malicious, threatening, false, misleading, offensive, abusive, discriminatory, harassing, blasphemous or racist; (ii) is a breach of confidentiality or someone's privacy; (iii) is indecent, obscene or of a sexual nature; (iv) is likely to cause someone alarm, anxiety or distress or encourage violence or racial or religious hatred; (v) infringes or misappropriates any intellectual property or proprietary rights, such as copyright, patent, trade name, trademark, trade secrets, and moral rights; (vi) advertises any product or services; (vii) impersonates anyone else or otherwise misrepresents your identity, affiliation or status; (viii) could prejudice any active legal proceedings of which you are aware; (ix) is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, corrupted data or other malicious or harmful software, data, components or conduct); (x) is, encourages or teaches conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful; or (xi) is in breach of these Terms.

9
You acknowledge and agree that Burberry is not liable for any User Content. Please note that we do not check, monitor, moderate or see all the User Content. People and products not connected to or endorsed by Burberry may appear, or may be referred to in the User Content. This does not imply that any individual or company is commercially connected to us or that Burberry in any way endorses or sponsors such individual or company, e.g. via an endorsement contract. Notwithstanding the foregoing, Burberry has the right to monitor User Content and to remove any User Content it deems in its sole discretion to be in breach of these Terms or otherwise inappropriate for the Website. Burberry does not guarantee that it will investigate all complaints that any User Content breaches these Terms or is otherwise inappropriate for the Website but will endeavour to do so without obligation.

Receiving your Bespoke Trench

10
Please note that the delivery options offered set out in Section C(6.2) of the Terms and the option to collect Products in store shall not apply to or be available in respect of orders of Bespoke Trenches.

11
Other than in accordance with your statutory rights, if you order a Burberry Bespoke Trench please note that, as such Bespoke Trench has been made to your specification, in accordance with our Returns & Cancellation Policy you will not be entitled to: (a) cancel such Burberry Bespoke Product; and (b) return such Bespoke Trench. Further details of our Returns & Cancellation Policy can be accessed clicking here.

12
After submitting an order to us, we will send you an order acknowledgement email with your order number and details of the Bespoke Trench(es) you have ordered from us (the “Order Acknowledgement”). Please note that this email is an acceptance of your order. For the avoidance of doubt, the provisions of section C(1.2) of the Terms shall not apply.

13
The Order Acknowledgement shall set out an estimated shipping date for your Bespoke Trench(es) and we shall despatch such Bespoke Trench(es) from Burberry's premises within two (2) weeks of such estimated shipping date. Find out more about estimated delivery times at Shipping Destinations, Costs and Delivery Times.

14
You agree that if you order a Bespoke Trench you will be charged at the time that you submit your order. For the avoidance of doubt the provisions of section C(1.7) of the Terms shall not apply.



E. PRE-ORDER OF RUNWAY PRODUCTS

1
The Terms in this Section E apply to any purchase of Runway Product (as defined below in Section E(2)) and apply in addition to, and in the event of any conflict take precedence over, the Terms set out in Sections C(1) to C(8). In all other respects Sections C(1) to C(8) of the Terms continue to apply in full force and effect.

2
From time to time we may invite you to pre-order Products from our runway collection ("Runway Product"). In the event that we do so please note that the delivery options offered on the Website and set out in Section C(6.2) of the Terms and the option to collect Products in store shall not apply to or be available in respect of orders of Runway Products. Please allow a minimum of 9 to 12 weeks for delivery of any such Runway Product.

3
You agree that if you order a Runway Product you will be charged when you place your order or within approximately 2 weeks of the time at which you place your order. Notwithstanding the foregoing, your credit/debit card account may reflect the deduction of the purchase price immediately upon placing the order. For the avoidance of doubt the provisions of Section C(1.7) of the Terms shall not apply.



F. GENERAL

1. INTELLECTUAL PROPERTY

1.1
This Website and all content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on this Website (the "Content"), is either owned or licensed by Burberry, and is protected by applicable copyright laws and other intellectual property laws and treaties around the world. All such rights are reserved.

1.2
The "Burberry" trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our Products, Website, accessories or packaging, whether registered or not (the "Trade Marks"), are and remain the exclusive property of Burberry and/or its licensors and are protected by applicable trade mark laws, regulations, directives, rules, and treaties around the world. All such rights are reserved.

1.3
All other intellectual property rights (including, without limitation, registered or unregistered designs, copyrights, trademarks, patents, service marks, logos, trade dress, trade names, trade secrets, inventions, know-how, and moral rights) in or related to the Website, the products depicted and/or available on the Website and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Website (the "Intellectual Property Rights") are and shall remain the exclusive property of Burberry and/or its licensors and such Intellectual Property Rights are protected by applicable intellectual property laws, regulations, directives and treaties around the world. All such rights are reserved.

1.4 Limited Licence

Subject to the terms herein, we grant you a revocable, non-sublicensable, non-transferrable, non-assignable, and non-exclusive limited licence to access and make personal use of the Website limited such that it does not include the right to:

(a) use the Website in any way which may prejudice or damage the reputation of Burberry;
(b) use the Website for any commercial or business purposes. The Website is for your personal use only;
(c) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

1.5
Burberry may terminate such limited licence set forth in this Section at any time in its sole discretion without prejudice to any other remedy we may have against you pursuant to applicable law for any reason whatsoever or for any breach of these Terms.

1.6
Burberry grants you a limited right to access and use the Website and Content solely for your personal use. Unless otherwise specified on the Website, you may download Content displayed on the Website, and may use the downloaded Content, solely for your personal and noncommercial use. You may print any textual Content available for downloading on the Website, solely for your personal and noncommercial use. You must retain all intellectual property and other proprietary or restrictive notices to the extent they appear on downloaded, transmitted, and copied Content, and any such downloads, transmissions, or copies are subject to these Terms. As between Burberry and you, the Content and this Website shall remain the property of Burberry. Use, transmission, or downloading of the Content is conditioned on these Terms. By acquiring, transmitting, or using the Content or using the Website, you agree to such Terms. You may not download, copy, transmit, or use any of the Content or Website except as expressly authorized by these Terms and, in any event, you may not distribute, modify, copy, adapt, transmit, publish, publicly display or sell, license, or create derivative works of the Content or Website other than in accordance with these Terms or as expressly indicated in writing by Burberry or on the Website.

1.7
You agree you shall not

(a) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Website or its Contents;
(b) engage in spamming or flooding;
(c) remove any copyright, trademark or other proprietary rights notices contained on the Website or in the Content;
(d) harvest or collect information about the Website visitors or members without their express consent;
(e) cache, upload, post, or transmit any content that you do not have a right to make available (such as the intellectual property of another party);
(f) sub-license, sell, reverse engineer, decompile or disassemble any portion of the Website or Content;
(g) bypass any measures used by us to prevent or restrict access to the Website or portions of the Website; or
(h) use the Website or Content for any unlawful purpose.


2. CONTENT

1
Burberry endeavours to ensure that the information posted by it on this Website is accurate and complete. Burberry does not, however, guarantee that the Content or any other information available on the Website is accurate and/or error free, Burberry does not promise that the functionality of the Website or Content will be error free or that the Website, Content or the server that makes it available are free of viruses, malicious code or other components which are potentially harmful. Burberry recommends that all users of the Internet ensure they have up to date virus checking software installed.

We reserve the right to limit the availability of the Website and/or the provision of any Content, service, program, video or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, video or other product that we provide.


3. EXCLUSION OF WARRANTIES

1
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BURBERRY AND BURBERRY'S AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM AND EXCLUDE ALL OTHER TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES IN RELATION TO THE WEBSITE, CONTENT, USER CONTENT, PRODUCTS AND SERVICES WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ACCURACY, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE OR COURSE OF DEALING OR USAGE OR TRADE PRACTICE.

2
THIS WEBSITE AND THE CONTENT IS PROVIDED AS IS, AS AVAILABLE WITH ALL FAULTS. BURBERRY AND BURBERRY'S AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITE OR THE SERVCES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE , AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, CONTENT, AND THE SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF BURBERRY OR BURBERRY'S AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE WEBSITE AND ANY CONTENT PROVIDED THROUGH THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK.


4. LIMITATIONS OF LIABILITY

1
Nothing in these Terms limits or excludes our liability: (i) for death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; or (iii) for any other liability which cannot be limited or excluded by applicable law.

2
Subject to Section F(4.1) above, Burberry and/or Burberry's directors, officers, employees, consultants, agents and other representatives will not be liable, whether in contract, in tort (including, without limitation, negligence), or otherwise arising out of or in connection with these Terms, Content, User Content, or product or services on this Website for any:

(a) economic losses (including, without limitation, loss of income, revenues, data, goodwill, actual or anticipated profits, contracts, business, opportunity or anticipated savings or other intangible losses);
(b) loss of goodwill or reputation; or
(c) special, indirect, consequential, special, exemplary, punitive losses or damages suffered or incurred by you arising out of or in connection with these Terms, this Website, Content or User Content contained on the site, any linked site or any service or products purchased or provided through this Website, under any contract, negligence, strict liability or other theory.

3
Subject to Sections F(4.1) and F(4.2) the sole and exclusive and maximum total liability under these Terms of Burberry and/or Burberry's directors, officers, employees, consultants, agents and other representatives, whether arising under contract, tort (including negligence), strict liability, or breach of statutory duty or otherwise shall in no event exceed 100% of the price of the Product paid by you that you have purchased from Burberry through the Website during the six month period preceding the date on which the claim arose.

This Section F(4) does not affect your statutory rights as a consumer.


5. DATA PROTECTION

1
By placing an order you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy Statement. Burberry fully respects the privacy of individuals who access and use the Website. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose we use your information and under what circumstances we disclose information please see our Privacy Statement and Cookie Policy. The terms of our Privacy Statement are hereby incorporated into and made a part of these Terms.


6. ASSIGNMENT, SUBCONTRACTING ETC

1
We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract, novate, or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.


7. AMENDMENTS TO THESE TERMS

1
We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products in question from us. Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, updating the Terms on the Website or posting a notice on the Website. Your continued use of the Website after such update or notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms. The revised Terms or Privacy Statement will be effective when posted. If we make changes to these Terms or our Privacy Statement and you continue to use our Website, you are agreeing to the revised Terms and our Privacy Statement.


8. EVENTS BEYOND OUR REASONABLE CONTROL

1
We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control. The timeframes given for the delivery of the Products ordered by you are estimates only. You acknowledge and agree, time is not of the essence.


9. SEVERANCE

1
Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.


10. GOVERNING LAW AND JURISDICTION

1
These Terms supersede any other prior versions of these Terms between you and Burberry. These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to the principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Web Site or these Terms shall be brought only in the courts of the State of New York or the United States District Court for the Southern District of New York.


11. BURBERRY EMPLOYEES

1
Burberry Employees ordering products from the Website, and who are entitled to staff discount, agree that they have read and adhere to the terms and conditions of the Burberry Global staff discount policy. Employees with any questions about this discount policy please contact your HR department.


12. ENTIRE AGREEMENT

12.1
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.

12.2
We each acknowledge that, in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty ("Representations") of any person (whether a party to that contract or not) other than as expressly set out in these Terms.

12.3
You agree that the only rights and remedies available to you arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.


13. WRITTEN COMMUNICATIONS

13.1
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Section does not affect your statutory rights.


14. NOTICES

14.1
All notices given by you to us must be sent to Burberry at 444 Madison Avenue, New York NY 10022, United States or customerservice@burberry.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Section F(13) above. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.


15. WAIVER

15.1
If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

15.2
A waiver by us of any default shall not constitute a waiver of any subsequent default.

15.3
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Section F(14) above.


16. CLAIMS OF COPYRIGHT INFRINGEMENT UNDER US LAW

16.1
Burberry respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Burberry will respond expeditiously to claims of copyright infringement committed using the Website that are properly reported to Burberry's Designated Copyright Agent.

16.2
If you believe that your, or a third party’s, work has been copied in a way that constitutes infringement on the Website, you may send us a copyright infringement notice requesting that the content be removed. The notice must include:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located in the Website are covered by a single notification, a representative list of such works);
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Burberry to locate the material on the Website;
  • the name, address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  • your address, telephone number and email address.

Please send your copyright notice to: copyright@burberry.com

16.3
Please consult your legal advisor before filing a notice as there can be penalties for false claims.


NOTICE REQUIRED BY CALIFORNIA LAW

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:

The name and address of the provider of this Website is Burberry Limited at:


Burberry Limited
444 Madison Avenue
New York NY 10022
United States

Complaints regarding the Website or Content or requests to receive further information regarding use of this Website or Content may be sent to the above address or to customerservice@burberry.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.