BURBERRY LIMITED - TERMS AND CONDITIONS
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:
444 Madison Avenue
New York NY 10022
If you select a shipping destination outside the United States of America, please see the Terms and Conditions Burberry Limited (UK) which shall apply to your purchase and use of the Website.
B. USE OF WEBSITE
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 of 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.
Please note that these Terms do not affect your statutory rights as a consumer.
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.
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.
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.
Burberry may deny you access to this Website 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.
Any material that you upload to this Website for publication 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.
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.
Burberry has the right to remove any material or posting you make on the Website in Burberry's sole discretion.
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
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 ("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.
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.
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.
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 Burberry 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
Please note that we accept payment in United States Dollars.
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.
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.
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..
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.
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.
Gift Cards are non transferable and may not be returned or redeemed for cash.
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.
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.
If you return products purchased in whole or in part with a Gift Card or evoucher your refund will be credited by an evoucher.
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.
Burberry is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
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
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.
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.
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) (b) the date and time of (i) delivery of such Products to your nominated address or, (ii) in the event you have elected to collect the Product(s) from a specified Burberry store, where that service is available, collection of such Product(s) by you or by a third party nominated by you from the relevant Burberry store.
Once a Product has been received by you, 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 specified Burberry store.
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.
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
Should you wish to cancel or return any Products, you may only do so in accordance with our Returns & Cancellation.
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
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
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
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").
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.
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.
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.
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
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.
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.
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
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.
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.
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.
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 & Transit Times.
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
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.
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 weeks for delivery of any such Runway Product
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.
1. INTELLECTUAL PROPERTY
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.
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.
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 this 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.
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.
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.
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.
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
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.
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
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.
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.
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
6. ASSIGNMENT, SUBCONTRACTING ETC
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
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
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.
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
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
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
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.
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.
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
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.
All notices given by you to us must be sent to Burberry at 444 Madison Avenue, New York NY 10022, United States or email@example.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 E(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.
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.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
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 (E) 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: firstname.lastname@example.org.
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:
444 Madison Avenue
New York NY 10022
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 email@example.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.
Please read this privacy statement carefully. By accessing or using our website, you acknowledge that you have read, understood, and unconditionally agree to be bound by the terms of this privacy statement and the terms and conditions on this website and any changes made to the foregoing. If you do not agree to this privacy statement, you are not authorized to use this website. You should check this statement regularly to see if any changes have been made.
Last Updated: 1 June 2012
We have made changes to this Privacy Statement which are effective as of the above date. Please review this Privacy Statement and the changes herein carefully.
Burberry Limited, (who we refer to as "we", "us" and "our" below), take your privacy very seriously. This Privacy Statement explains what personal information and other data we collect from you through our website and through our stores and other business locations and activities including offline collection, how and when it is collected, what we use it for now and how we will use it in the future and details of the circumstances in which we may disclose it to third parties. If you provide your personal information to us offline, this Privacy Statement applies to our collection and use of your information. If you have any questions about the way in which your information is being collected or used which are not answered by this Privacy Statement and/or any complaints please Contact Us on firstname.lastname@example.org.
By visiting and using www.burberry.com (the “Website”) or any other application or website (“Application”) for the purchase or sampling of products from Burberry (as applicable) or providing personal information to us on the Website or any Application, you are consenting to the practices in relation to use and disclosure of your personal information described in this Privacy Statement and our Terms and Conditions.
If you are between the ages of 13 and 17, please obtain your parent's or guardian's consent before providing us with any personal information. This website is not intended for or directed to persons under the age of 13. Any person who provides their information to us through the website or any other part of the website represents to us that they are 13 years of age or older.
WHAT INFORMATION DO WE COLLECT AND HOW WILL WE USE IT?
When you register for an account with us online, place an order with us or send us an enquiry, we will collect certain personal information from you, for example, your name, postal address, phone numbers, e-mail addresses, credit card numbers. We may also obtain information about you as a result of authentication or identity checks. We use this information to identify you as a customer, to process your order, to deliver products, to process payments, to update our records, to enable your use of interactive features of our service and to generally manage your account with us and to provide you with information by post, e-mail, mobile messaging, telephone communications and/or through any other digital means including social network platforms about our products, events, promotions and services. We may also use this information to tailor how our website appears to you and to tailor the contents of our communications with you, so as to make the website and those communications more relevant to you.
We may also at times ask you for other information, for example product size and category preferences, age and any special dates (such as birthday and anniversary) which will be used to enhance our service to you. Providing us with this sort of information is entirely voluntary, however we may not be able to process your order if you do not provide us with all the requested information.
We may collect and use non-personally identifiable statistical information about site traffic, sales and other usage related information, which we may share with third parties. Additionally, we may take personally identifiable information and de-identify it for our use or to share it in a de-identified or aggregated form with third parties to analyze usage, demographics, interests, performance, services, user experience, or for similar purposes. We will not re-identify such data and we will ask our contracting parties to agree to keep the data in its de-identified form.
We may also use your personal information for our internal marketing and demographic studies, together with non-personal data to analyse, profile and monitor customer patterns so we can consistently improve products and services and understand what may be of interest to you and other customers.
In addition, for quality control and training purposes, we may monitor or record your communications with us. You agree to comply with all local laws, rules and regulations regarding online conduct and acceptable content.
COOKIES AND HOW WE USE THEM
Cookies are small pieces of information which are issued to your computer when you visit a website and which store and sometimes track information about your use of the website. When you enter our site our web server sends a cookie to your computer which allows us to recognise your computer. By associating the identification numbers in the cookies with other customer information that you provide when for example you log-in to the site, then we know that the cookie information relates to you.
By continuing to use this site, you consent to our cookie settings and agree that you understand our Cookies Policy which explains how you can manage your cookie choices and preferences. Please be aware that restricting cookies will impact on your user experience and may prevent you from using part of our site.
HOW DO I UNSUBSCRIBE FROM BURBERRY EMAIL UPDATES?
You agree that we are authorized to transmit email to you for the purpose of informing you about your particular transaction. In addition, if you provided your email address for registration with the Website, electronic newsletters, updates and promotional emails from Burberry and its affiliates, you agree that we are authorized to send informational and promotional emails to you.
If you receive email updates or promotional emails from us, and you no longer wish to receive these, you can remove your email address from our list by using the unsubscribe link which is included on all email updates, or by clicking here.
ACCOUNT PASSWORD AND SECURITY
The Website contains features that require registration. At the time you register for online account access, you may be required to select a username and password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password, if any, and are fully responsible for all uses of your password, whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify Burberry of any unauthorized use of your password or account or any other breach of security. Burberry is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section.
SUSPENSION AND TERMINATION RIGHTS
Burberry reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to or registration on the Website for any reason, including without limitation any breach by you of these Terms. You agree that Burberry shall not be liable to you or any third party for any such suspension or termination.
OTHER PEOPLE WHO MIGHT USE YOUR INFORMATION
In certain circumstances we may share your information with affiliated companies including other companies in the Burberry group, joint ventures, franchisees, licensees and selected service providers who perform functions on our behalf such as fulfilling orders, processing payments, carrying out promotional services or data management. This includes the companies we have chosen to handle our order despatch service and any delivery company that we may use from time to time. We may also share your information with other companies who assist Burberry in promoting Burberry‘s products and services in order to provide you with enhanced customer services and/or share information about Burberry’s products and services with you. In each case, we will only provide these companies with the information which they need to carry out their services and they will not be permitted to use the information for other purposes. They will only be allowed to use your information in the way in which we instruct them. Burberry does not share your personal information with third parties for their direct marketing purposes.
You also acknowledge and agree that in certain circumstances we may disclose personal information relating to you to third parties, for example, in order to conform to any requirements of law, to comply with any legal process, for the purposes of obtaining legal advice, for the purposes of credit risk reduction, to prevent and detect fraud and/or to protect and defend the rights, property and safety of Burberry and other members of our group, our website, our users, and others. We may reveal your information for the purposes of credit risk reduction and fraud prevention, and in such case, we will take steps reasonably necessary to protect the security of such information
In the event that we or a part of our business undergo re-organisation or are sold to a third party, you agree that any personal information we hold about you may be transferred to that re-organised entity or third party.
We may transfer information that we collect from you to Burberry affiliated companies, including other companies in the Burberry group, joint ventures, franchisees, licensees and to service providers who perform functions on our behalf, based in countries outside of the United States of America and this information may be stored and processed in such countries. By submitting your personal data on the Website and/or any Applications you expressly consent to this transfer, storing and/or processing outside of the United States of America or any transfer of the information that we collect from you outside your country. In the event that we do transfer, store or process your personal data in a country outside the United States of America we will take all steps reasonably necessary to ensure that the information is treated securely in accordance with this Privacy Statement and applicable data protection laws.
Statement and applicable data protection laws. Without limiting the generality of the foregoing, you agree to comply with all applicable laws, rules and regulations regarding the transmission of data exported from the United States or the country in which you reside.
UPDATING AND REVIEWING YOUR PERSONAL DETAILS
You can amend or update your information by logging into My Account on the Website and amending your details as appropriate. If you wish to remove your account or would like us to stop using your personal data for marketing purposes, then please email email@example.com. For security purposes, we may request information to help verify your identity before granting access or making changes to your information.
We may retain original and updated information for reasons such as technical constraints, dispute resolution, troubleshooting, record retention, and enforcement of our agreements.
CHANGES TO THIS PRIVACY STATEMENT
We may update this Privacy Statement from time to time. The amended Privacy Statement will be posted on the Website. We will indicate the date that this Privacy Statement was last updated. Any changes we make will be effective immediately upon update or notice, which we may provide by means including, without limitation, updating the Privacy Statement on the Website or posting a notice on the Website.
It is your responsibility to review this Privacy Statement frequently and remain informed about any changes to it, so be sure to return to this page periodically to ensure familiarity with the most current version of this Privacy Statement. If we make changes to this Privacy Statement and you continue to use this Website or if you submit information to us following such changes, you will be deemed to have read and agreed to this Privacy Statement and any changes. This is our entire and exclusive Privacy Statement and it supersedes any earlier version. We will only use personally identifiable information in accordance with the Privacy Statement that was in effect at the time the information was collected.
THIRD PARTY LINKS
The Website and/or applications may from time to time contain links to other websites not controlled by us. We do not accept responsibility or liability for the privacy practices, data collected or the content of such other websites. The operators of these linked websites are not under a duty to abide by this Privacy Statement. If there are terms and conditions, other privacy statements or policies appearing on those websites, you should also review them carefully as your use of those sites may be subject to them.
Unfortunately transmission of information via the Internet is not completely secure. Although we do our best to protect your personal data we cannot guarantee the security of your data submitted to our website and any transmission is at your own risk. While we strive to protect personal information, neither Burberry nor our service providers can guarantee the security of the information on and sent from our website, and are not responsible for the acts and omissions of any third parties who receive the information.
To help protect the privacy of the personal information you transmit through use of the website, Burberry uses reasonable administrative, physical and electronic security measures against the loss, misuse and alteration of personal information. Personal information provided to Burberry via the Website or via any Applications and online credit card transactions are transmitted through a secure server using Secure Socket Layering (SSL), encryption technology. When the letters "http" in the URL change to "https," the "s" indicates you are in a secure area employing SSL; also, your browser may give you a pop-up message that you are about to enter a secure area or display a padlock image.
The Website and the Applications use this encryption technology to protect your information during data transport. SSL encrypts ordering information such as your name, address and credit card number. Our customer service centre and stores also operate over a private, secure network. Please note that e-mail is not encrypted and is not considered to be a secure means of transmitting credit card information.
However, please be aware that our website and services are run on software, hardware and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control.
This Privacy Statement is governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Website or this Privacy Statement 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.