TERMS & CONDITIONS OF SALE
19 Savile Row,
Registered in England
Registered No: xxxxxx
2. If you select a shipping destination in the United States of America or mainland China, please see the US Terms and Conditions or the mainland China Terms and Conditions as applicable which shall apply to your purchase and use of the Platforms.
3. These terms and conditions were last revised on 2 October 2019.
USE OF PLATFORM
1. The Terms apply to your use of and access to the Platforms including all orders submitted by you for any products or services made available by us for purchase over the Platforms. By accessing the Platforms you agree to these Terms and we therefore advise you to read these Terms carefully and to save or print a copy of these Terms for future reference. If you do not agree to these Terms, you must cease using and accessing of the Platforms immediately. The Terms may be changed and updated from time to time and any changes will be effective from the publication of the new Terms on the Platforms. Please note that certain options will not be available across all Platforms.
2. Please note that these Terms do 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).
3. You agree that the information you provide when you register on the Platforms is not misleading, and is true and accurate in all respects and you will notify our customer service team of any changes to that information.
4. We may change, withdraw, or suspend access to the Platforms (in whole or part and permanently or temporarily) with or without notice and with no liability to you.
5. The Platforms may include links to other Platforms or resources (“LINKED PLATFORMS”). Helen Anthony 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, Helen Anthony 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 Helen Anthony 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.
6. Helen Anthony may deny you access to the Platforms 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 Platforms is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.
7. Any material that you upload to the Platforms 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 disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
8. Helen Anthony 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 the Platforms and you hereby agree to be responsible to Helen Anthony for and indemnify Helen Anthony and keep Helen Anthony indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by Helen Anthony as a result of any claim in respect of your use of the Platforms.
9. Helen Anthony has the right to remove any material or posting you make on the Platforms in Helen Anthony’s sole discretion.
10. References to ‘We’ in the Customer Service Information refers to Helen Anthony.
11. We may offer you the ability through the Platforms to check the availability of certain products in specified Helen Anthony stores. This functionality will not be available for all Helen Anthony stores and is not available on all Platforms. The level of stock availability shown will be updated regularly but it does not guarantee that the product checked will be available when you visit the specified store. Unfortunately products cannot be reserved in store using this functionality.
12. Third party providers and application stores
Certain third party providers with whose devices and/or operating systems those Platforms that are mobile applications have been designed to be compatible oblige us to include certain additional provisions in these Terms. These are set out at the end of these Terms in section F ‘Additional terms from third party providers ‘. These provisions are required by the relevant third party providers, not Helen Anthony.
Third party application stores are operated by the relevant third party providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download those Platforms that are the mobile applications. We are not responsible for these stores or (with the exception of the Platforms) for anything provided by them and do not guarantee that they will be continuously available.
PRE-ORDER OF PRODUCTS
1. The Terms in this Section D apply to any purchase of Pre-Order Products (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(7). In all other respects sections in Sections C(1) to C(7) of the Terms continue to apply in full force and effect.
2. From time to time we may invite you to pre-order selected Products on the Platforms before they are available to purchase from Helen Anthony stores or on the Platforms (“PRE-ORDER PRODUCTS”). In the event that we do so please note that the delivery options offered on the Platforms and set out in Section C(5.2) of the Terms shall not apply to orders of Pre-Order Products. Pre-Order Products will be shipped between 4-10 weeks from the date that the order is placed (except for Pre-Order Products that are from the runway collection (a “RUNWAY PRE-ORDER PRODUCT”), which will be shipped between 6-8 months from the date that the order is placed) and the estimated date that the Pre-Order Product will be dispatched to you will be displayed in the checkout process as you submit your order.
3. You agree that if you order a Pre-Order Product, you will be charged shortly after you place your order and before your item is dispatched . Notwithstanding the foregoing, your credit/debit card account or payment method may reflect the deduction of the purchase price immediately upon placing the order. Please note your order is not confirmed until payment has been taken.
4. Please note that if you order a Runway Pre-Order Product, the product you receive may vary (including fit, appearance, sizing and composition) from the item displayed on the Platforms. This does not affect your right to cancel or return Runway Pre-Order Products.
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 Helen Anthony, and is protected by applicable copyright laws and treaties around the world. All such rights are reserved.
1.2 The “Helen Anthony” 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, Platforms, accessories or packaging, whether registered or not (the “TRADE MARKS”), are and remain the exclusive property of Helen Anthony 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 trade marks, 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 Helen Anthony 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 licence 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 Helen Anthony;
(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 Helen Anthony may terminate the 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 and/or for any breach of these Terms.
1 Helen Anthony endeavours to ensure that the information posted by it on the Platforms is accurate and complete. Helen Anthony does not, however, guarantee that the Content or any other information available on the Platforms is accurate and/or error free, Helen Anthony 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. Helen Anthony recommends that all users of the Internet ensure they have up to date virus checking software installed.
3. EXCLUSION OF WARRANTIES
1 This Section E(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).
2 SUBJECT TO THE PRECEDING PARAGRAPH TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Helen Anthony 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
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; (iii) under Section 2(3) of the Consumer Protection Act 1987; or (iv) for any other liability which cannot be limited or excluded by applicable law.
2 Subject to Section E(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.
3 Subject to Sections E(4.1) and E(4.2) the aggregate liability under these Terms of Helen Anthony 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 Helen Anthony.
This section E(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
6. ASSIGNMENT, SUBCONTRACTING ETC
1 We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
7. AMENDMENTS TO THESE TERMS
1 We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products in question from us.
8. EVENTS BEYOND OUR REASONABLE CONTROL
1 We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.
1 Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.
10. GOVERNING LAW AND JURISDICTION
1 These Terms and all transactions relating to the Platforms are governed by English law and you, and we, hereby submit to the non-exclusive jurisdiction of the English courts. This does not affect your legal rights as a consumer in the country/region in which you are located.
11. Helen Anthony EMPLOYEES
1 Helen Anthony Employees ordering products from the Platforms, and who are entitled to staff discount, agree that they have read and adhere to the terms and conditions of the Helen Anthony Global staff discount policy. Employees with any questions about this discount policy please contact your HR department.
12. ENTIRE AGREEMENT
12.1 These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.
12.2 We each acknowledge that, in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (“REPRESENTATIONS”) of any person (whether a party to that contract or not) other than as expressly set out in these Terms.
12.3 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 using the Platforms, 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 Platforms. 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 13 does not affect your statutory rights.
All notices given by you to us must be sent to Helen Anthony at Horseferry House, Horseferry Road, London, SW1P 2AW, United Kingdom or firstname.lastname@example.org. 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 Platforms, 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.
15.1 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 E(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/odr/ 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.
F. FOR CUSTOMERS LOCATED IN FRANCE
If you are placing an order on Helen Anthony.com from a location in France, then the following additional terms shall apply:-
Helen Anthony, whose name and address are set out at the beginning of these Terms, shall be responsible for any lack of conformity of the Helen Anthony product which you order to the contract between you and Helen Anthony under the conditions set forth in articles L. 211-4 et seq. of the French Consumer Code, and for any hidden defect in the Helen Anthony product sold to you on Helen Anthony.com subject to the conditions set out in articles 1641 et seq. of the French Civil Code.
2. Under the statutory conformity warranty in articles L. 211-4 et seq. of the French Consumer Code:
– any claim must be made by you within 2 years of the date of delivery of the Helen Anthony product;
– you may choose between repair or replacement of the Helen Anthony 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;
– you do not have to prove the Helen Anthony product’s lack of conformity with the contract during a period of twenty-four (24) months following delivery of the Helen Anthony product. However if Helen Anthony proves that the Helen Anthony Product was in conformity with the contract between you and Helen Anthony, 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.
ADDITIONAL TERMS FROM THIRD PARTY PROVIDERS
If the Platform that you download, access and/or use runs on Apple’s iOS operating system:
The Platform may only be accessed and used on an Apple branded device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;
You acknowledge and agree that:
-Apple has no obligation at all to provide any support or maintenance services in relation to Platform. If you have any maintenance or support questions in relation to the Platform, please contact us, not Apple, using the contacting details set out on the first page of these Terms;
-except as otherwise expressly set out in these Terms, any claims relating to the possession or use of the Platform are between you and us (and not between you, or anyone else, and Apple);
-in the event of any claim by a third party that your possession or use (in accordance with these Terms) of the Platform infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim and we, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim; and
-although these terms are entered into between you and us (and not Apple), Apple, and Apple’s subsidiaries, as third party beneficiaries under these terms, will have the right to enforce these terms against you;
You represent and warrant that:
-you are not, and will not be, located in any country/region that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country/region; and
-you are not listed on any United States Government list of prohibited or restricted parties; and
If the Platform does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the Platform (if any), to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Platform and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Platform or as a result of you or anyone else using the Platform or relying on any of its content.
Apple is not responsible for addressing any claims by you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to, (i) product liability claims; (ii) any claim that the Platform fails to confirm to any applicable legal or regulatory requirements; and (iii) claims arising under consumer protection, privacy or similar legislation.