PayByLink Terms & Conditions Outlet Stores
A. Introduction
These terms and conditions and any policies or documents to which a link is provided in them (collectively, "TERMS") set out the terms that apply to purchases made from Burberry Limited. Burberry Limited is referred to in these Terms as “BURBERRY/WE/US”. If you have any questions regarding these Terms, or in the unlikely event that you have any complaints about any products purchased by you from Burberry you can contact us at:
Call Customer Service: (877) 217-4085
Email: us.customerservice@burberry.com
Mail: Burberry Limited
444 Madison Avenue
New York, NY 10022
B. Purchase of products
1. ACCEPTANCE OF ORDERS
1.1 All information presented to you by us in respect of our products 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 included in your order ("PRODUCTS") from us on the Terms. All orders made by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason whatsoever without liability to you, unless we are not permitted to do so under statutory law. Examples of when we may not accept your order include, but are not limited to:
A. If instore products are offered on www.burberry.com and/or the mobile websites and applications owned by and/or operated by or on behalf of Burberry Limited ("PLATFORMS"), but are not available or are incorrectly priced or otherwise incorrectly described;
B. If we are unable to obtain authorization 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; or
F. If the delivery address you have provided is not a valid shipping address; or
G. we become aware of your intention to sell, supply, deliver, make available, transfer or export Products where such sale, supply, delivery, making available, transfer or export is contrary to any applicable law, including any sanctions or export ban.
1.2 After submitting an order to us and payment is successfully authorized, we will send you an order confirmation email with your order number and the details of the Products you have ordered from us. Please note that this email will constitute an acceptance of your order. After entering into the contract of sale, we will be under a legal duty to supply you with goods that are in conformity with the contract.
1.3 When placing an order for the first time, you may be offered the option to register with us and will be required to 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 Platforms, such as the My Account section of the Platforms ("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 unauthorized use of the Secure Access or if the Secure Access becomes available to an unauthorized party. Without prejudice to our other rights and remedies, we may suspend your access to the Platforms without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Platforms.
1.4 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.
1.5 You will be charged for Products when you correctly and successfully submit your payment details onto our payments page (together with the relevant delivery charges and any card processing or payment processing charges).
1.6 Item availability, prices and delivery options may vary depending on the order and shipping destination.
1.7 Variations in both the manufacturing processes we use and the display properties of the computer hardware you use to view our products may mean that the colors, measurements, fabrics and designs of the Products displayed on the Platforms or otherwise on your devices and the Products delivered to you may differ in appearance in minor respects. We are not responsible for any such differences.
1.8 We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing freight forwarding services. If 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.
1.9 We reserve the right to limit the number of items sold. The re-sale of any items purchased at our outlet stores is prohibited.
2. PRICES
2.1 All prices of Products in our stores are the price for the Products only. They do not include any VAT or other sales tax payable (unless otherwise specified). We shall endeavor to notify you if the price displayed is not fully inclusive of any customs duties or taxes, however please see Section C 2.4 below. Prices do not include the charge for delivery, if any.
2.2 We endeavor to ensure that all pricing information on the Platforms and in our stores 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 Platforms or in store, subject to our right to refuse an order pursuant to Section C 1.1, 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 Platforms or in our store, we will, at our discretion, inform 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. If we have taken an advance payment in circumstances where pricing information is incorrect, we shall endeavor to refund the payment taken as soon as possible if the Product has not been shipped.
2.3 Burberry may vary the prices of Products listed on the Platforms or in its stores at any time and without any notice, but such changes will not apply to Products in respect of which you have paid.
2.4 Please note that in some countries/regions additional duties may be payable to your local tax authorities on receipt of your delivery. Unless expressly specified otherwise, you will be responsible for payment of any such import duties 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/region for which the Products are destined. We will not be liable for any breach by you of any such laws. For orders to be delivered to addresses in Canada, where relevant Burberry will act as the importer of record for the reporting to and clearance of the Products with the Canada Border Services Agency and will pay the duties and taxes payable on such import.
2.5 The products on offer in this outlet store include a “was” price on the ticket. This price represents the price at which this product or a similar product was originally offered for sale in our Burberry mainline stores around the world, on our websites or is an estimate of a price at which the product would have been offered at our mainline stores. The “was” price is for comparison purposes only and does not represent a current sale or present savings. Burberry is committed to ensuring that its pricing practices are clear and understandable by all its customers, therefore, if you require clarification on any of the above, please do not hesitate to enquire within the store. Our manager will be happy to help you.
3. PAYMENT TERMS
3.1 The total cost of your order will be the purchase price for the Products and any additional services you order, including for example, monogramming, and any applicable VAT or other sales tax.
3.2 So that you may pay for your order, we shall provide you with a link to a secure payments page operated by one of our third party payment providers (“PAYMENTS LINK”). Each Payments Link shall be valid for one hour from the time at which it is provided to you. A new Payments Link may be requested by you if you do not pay for your Products within this time or the Payments Link you have received doesn’t work. Please note that Burberry may only reserve Products for up to 72 hours from the time that such reservation is requested by you, therefore payment must be made for all orders within such time.
3.3 More information about the payment methods that we accept can be found on the payment payments page provided to you. We reserve the right to change the payment methods we are able to accept at any time.
3.4 Please note that we only accept payment in the local currency of the Burberry store with which your order is placed.
3.5 You confirm that the credit/debit card or payment method 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 and payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorize 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.
3.6 We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order.
3.7 If your credit/debit card or payment method is not denominated in the currency of your purchase indicated by us at the time at which your order is made, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider 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 or payment method provider charging you in a different currency other than the currency of your purchase as indicated by us at the time at which your order is made.
4. INVOICING
4.1 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.
5. DELIVERY, TITLE AND RISK
5.1 We are only able to deliver to a valid shipping address provided at the time you make your order. We cannot be held responsible if that delivery address is incorrect or incomplete. Changes to the shipping address are not permitted once your order has been placed. Please note that we do not deliver to PO boxes. Details of the locations to which Burberry delivers are available from us on request.
5.2 When you have selected your preferred delivery method from those offered for your selected shipping destination and provided your order has been accepted by us, your order shall be processed by us and we will endeavor to dispatch your order in accordance with the estimated delivery times specified in your confirmation email. There may be additional restrictions or exclusions in respect of specific addresses in countries/regions to which we ship. These may change from time to time. We shall endeavor to notify you of such restrictions. Orders received after any “cut off” or “last order” time or received on a day which is not a Working Day (“Working Day” means any day on which the banks are open for business in the region in which you place your order which is not a Saturday or a Sunday) will be processed on the next working day. Estimated delivery times will be calculated from the date on which the order is placed, unless otherwise specified.
5.3 When your order has been accepted by us, your sole remedy for any failure by Burberry to dispatch your order in time for delivery within the relevant estimated delivery times for your shipping destination and selected delivery method 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.
5.4 Please note that certain delivery options will not be available across all our stores.
5.5 Title in the Products will pass to you on the date on which we receive payment in full for such Products.
5.6 Once a Product has been received by you all risk of damage to, or loss of, the Product shall pass to you.
5.7 We shall be entitled to supply the Products in installments and each installment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.
5.8 In the event that a Product sold is subsequently exported to a country/region (other than the country/region to which Burberry delivered the Product or in which you collected the Product), you shall be responsible for complying with all export and local import requirements, laws, regulations and rules and shall pay all export and import taxes and duties as may be applicable in respect thereof. You agree not to sell, supply, deliver, make available, transfer or export the Product to any country or individual, where such sale, supply, delivery, making available, transfer or export is contrary to any applicable law, including any sanctions or export ban.
5.9 In-Store/Curbside Pickup
5.9.1 Should you wish to use this service, please indicate the Collect-in-Store/Curbside Pickup option at the time you make your order. Please note that Collect-in-Store or Curbside Pickup may be available in select locations.
5.9.2 When collecting your items, please ensure that you bring a state or government-issued photographic identification such as a driver’s license or passport, and a copy of the order. If you would like someone to collect the order on your behalf, please also provide your signed written permission in addition to the above.
5.9.3 We will keep your order available for pick-up for 10 days before it is returned. If you fail to pick up your item within 10 days of your purchase, the item(s) will be returned and a full refund will be issued to you, unless your order includes personalized item(s) that cannot be returned for an exchange or refund.
6. 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.
C.EXCHANGING YOUR PURCHASE
1. EXCHANGES
ITEMS PURCHASED AT THE BURBERRY OUTLET STORE ARE NOT ELIBLE FOR RETURNS OR REFUNDS.Burberry accepts exchanges of unused and unaltered items within 14 days of the shipping date at Burberry Outlet Stores. Please bring the items you wish to exchange or ship your order to the Burberry Outlet Store where the purchase was made within 14 days of the shipping date for all items, ensuring that the return conditions are met. A new order can be placed via our stores during opening hours.
1.2 Items to be exchanged must be in their unused original condition with all Burberry item tags attached and any related accessories or instruction booklets included.
1.3 Incomplete, damaged, worn, soiled or altered returns, or anything Burberry reasonably believes has been used, will not be accepted and therefore sent back to the customer. Where an item is supplied with a hygiene strip, the item can only be returned if the hygiene strip has not been removed and remains intact.
1.4 Personalized or pierced jewelry items cannot be exchanged.
1.5 Optical frames cannot be exchanged after they have been fitted with prescription or replacement lenses.
2. GIFT RETURNS
Please bring or ship the item(s) to the Burberry Outlet Store within 14 days of the date of the shipping date of items for an exchange. Personalized or pierced jewelry items cannot be returned. A new order can be placed via our stores during opening hours. This does not affect your statutory rights. You will be required to pay the costs of returning your Purchases.
3. ORDER CANCELLATIONS AND AMENDMENTS
In certain circumstances, before your order has been dispatched, we can refund your order. Please contact the store with which you place your order by telephone as soon as possible after placing your order and we will advise if cancellation is available.
Please note, we are unable to combine orders, change the size, edit your billing and shipping details or add pieces to an existing order once it has been placed.
4. PERSONALIZED ITEMS
4.1 Due to the nature of personalized items, returns, or changes are not accepted once an order has been placed. This does not affect your statutory rights.
4.2 For any further queries please contact the store from which you purchased your items and a member of the store team will be happy to assist.
4.3 For more information on your statutory rights, contact your local Trading Standards Office, Consumer Protection bureau, Citizens Advice Bureau or the equivalent in your jurisdiction, if any.
D. General
1. INTELLECTUAL PROPERTY
1.1 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 the Platforms (the "CONTENT"), is either owned or licensed by Burberry, and is protected by applicable copyright laws and treaties around the world. All such rights are reserved.
1.2 The "Burberry" trademark as well as all trademarks, 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, Platforms, accessories or packaging, whether registered or not (the "TRADEMARKS"), are and remain the exclusive property of Burberry and/or its licensors and are protected by applicable trade mark laws and treaties around the world. All such rights are reserved.
1.3 All other intellectual property rights (including, without limitation, registered or unregistered trademarks, logos, designs, copyrights, patents, know how or trade secrets) in or related to the Platforms, the products depicted and/or available on the Platforms and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Platforms (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 and treaties around the world. All such rights are reserved.
1.4 LIMITED LICENCE
Subject to the terms herein, we grant you a revocable, and non-exclusive license to access and make personal use of the Platforms limited such that it does not include the right to:
A. use the Platforms in any way which may prejudice or damage the reputation of Burberry;
B. use the Platforms for any commercial or business purposes. The Platforms are 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 the limited license 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 and/or for any breach of these Terms.
2. CONTENT
2.1 Burberry endeavors to ensure that the information posted by it on the Platforms is accurate and complete. Burberry does not, however, guarantee that the Content or any other information available on the Platforms is accurate and/or error free, Burberry does not promise that the functionality of the Platforms or Content will be error free or that the Platforms, Content or the servers that make such Content 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.
2.2 The Platforms may include links to other Platforms or resources, and any payments page we provide to you may be operated by a third party ("LINKED PLATFORMS"). Burberry has no control over the content of Linked Platforms and you agree that, should you access a Linked Platforms using a link from the Platforms, Burberry is not responsible for the availability of the Linked Platforms, and is not liable in any way for the content of Linked Platforms, including (without limitation) any goods or services available from such Linked Platforms, other advertising or content on such Linked Platforms or the use that such Linked Platforms 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 Platforms or the content thereon.
3. EXCLUSION OF WARRANTIES
3.1 This Section D(3) does not affect your statutory rights as a consumer and, in respect of the Products, does not exclude or limit in any way our liability for breach of the statutory rights set out under applicable consumer laws relating to good title, no encumbrance and quiet possession, correspondence with description, satisfactory quality, fitness for purpose and correspondence with sample. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau, or the equivalent in your country/region (if any).
3.2 SUBJECT TO THE PRECEDING PARAGRAPH TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BURBERRY DISCLAIMS AND EXCLUDES ALL OTHER TERMS, CONDITIONS AND WARRANTIES IN RELATION TO THE PRODUCTS AND SERVICES WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE OR ARISING FROM ANY PREVIOUS COURSE OF DEALING OR USAGE OR TRADE PRACTICE.
4. LIMITATIONS OF LIABILITY
4.1 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.
4.2 Subject to Section D(4.1) above, we will not be liable, in each case, whether in contract, in tort (including, without limitation, negligence or breach of statutory duty), or otherwise however arising out of or in connection with these Terms for any:
A. economic losses (including, without limitation, loss of income, revenues, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings); or
B. loss of goodwill or reputation; or
C. special, indirect or consequential losses or damages suffered or incurred by you arising out of or in connection with these Terms.
4.3 Subject to Sections D(4.1) and D(4.2) the aggregate liability under these Terms of Burberry whether arising under contract, tort (including negligence) breach of statutory duty or otherwise shall in no event exceed 100% of the price of the Product you have ordered from Burberry.
This section D(4) does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau, or the equivalent in your country/region (if any).
5. DATA PROTECTION
By placing an order you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy Policy. For details on the type of information we collect, how we collect such information and for what purpose and under what circumstances we disclose information please see our Privacy Policy which is incorporated into and forms part of these Terms
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 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.
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.
9. SEVERANCE
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 and all transactions relating to the Platforms are governed by, interpreted under and construed in accordance with the laws of the State of New York. Any action, suit or proceeding to enforce any provision of, or based on any matter arising out of or in connection with these Terms or the transaction contemplated hereby shall be brought in any federal court in the Southern District of New York or any New York state court located in the Borough of Manhattan. This does not affect your legal rights as a consumer in the country/region in which you are located.
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 Each of us agrees that the only rights and remedies available to us 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 ordering Products, you accept that communication with us will be mainly electronic. We will contact you by e-mail. For contractual purposes, you agree to these means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you comply with any legal requirement that such communications be in writing. This Section 13 does not affect your statutory rights.
14. NOTICES
All notices given by you to us must be sent to Burberry at 444 Madison Avenue, New York, NY 10022, or us.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 D(13) above. Notice will be deemed received and properly served 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 D(14) above
16. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from these Terms such that no third party may claim any rights under these Terms.
17. DISPUTE RESOLUTION - EU RESIDENT CUSTOMERS ONLY
The European Online Dispute Resolution platform http://ec.europa.eu/consumers/... provides information about alternative dispute resolution which may be of interest if there is a dispute we cannot resolve between us. For more information please contact Customer Service.
G. FOR CUSTOMERS LOCATED IN FRANCE
If you are placing an order from a location in France, then the following additional terms shall apply:-
Burberry, whose name and address are set out at the beginning of these Terms, shall be responsible for any lack of conformity of the Burberry product which you order to the contract between you and Burberry under the conditions set forth in articles L. 211-4 et seq. of the French Consumer Code, and for any hidden defect in the Burberry product sold to you on Burberry.com subject to the conditions set out in articles 1641 et seq. of the French Civil Code.
Under the statutory conformity warranty in articles L. 211-4 et seq. of the French Consumer Code:
A. any claim must be made by you within 2 years of the date of delivery of the Burberry product;
B. you may choose between repair or replacement of the Burberry product, subject to the costs of repair or replacement being proportionate and the conditions provided for under article L. 211-9 of the French Consumer Code;
C. you do not have to prove the Burberry product’s lack of conformity with the contract during a period of twenty-four (24) months following delivery of the Burberry product. However, if Burberry proves that the Burberry Product was in conformity with the contract between you and Burberry, your claim will not be accepted.
Alternatively, you bring a claim pursuant to the warranty against hidden defects as set out in article 1641 of the French Civil Code. In such case, you may choose between the cancellation of the sale contract or a reduction of the sale price, as set out under article 1644 of the French Civil Code.