Burberry Distribution Limited - Terms and Conditions

1. INTRODUCTION

Burberry Distribution Limited ("Burberry Distribution/we/us") provide delivery services to you ("Delivery Services") for products you have purchased from Burberry Limited ("Burberry") on websites or applications which permit you to place orders with Burberry (each such website and application being a "Web Store" for the purposes of these Terms (as defined below at paragraph 2(1)), which is owned by and/or operated by or on behalf of Burberry Limited In the unlikely event that you have any complaints about our Delivery Services, you can contact us at:

Burberry Distribution Limited
c/o Burberry Limited
Horseferry House,
Horseferry Road,
London
SW1P 2AW
United Kingdom

Contact Us

customerservice@burberry.com

VAT number: GB992.8112.93
Registered in England
Registered No: 07230722

2
If you select a shipping destination in the United States of America, please see the US Terms and Conditions which shall apply to your purchase and use of the Website.



2. SCOPE

2.1
These terms and conditions and any other policies referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together "Terms") apply to all orders submitted by you for our Delivery Services. Please read the Terms carefully.

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 (if any).

2.2
Please save or print a copy of these Terms and Conditions for future reference. The Terms may be changed and updated from time to time.

2.3
Delivery services provided to you by Burberry Distribution may be referred to as “shipping”, “express courier” or “delivery” or such other similar term. In all cases, Burberry Distribution carries out such services.

2.4
References to ‘We' in the Customer Service Information refers to Burberry and/or Burberry Distribution as the context permits.



3. ACCEPTANCE OF ORDERS

3.1
You agree that your order is an offer to purchase the Delivery Services listed in your order from us on the Terms. All orders for Delivery Services submitted by you are subject to acceptance by us. We may choose not to accept your order for any reason without liability to you.

3.2
After submitting an order, Burberry will send you an order acknowledgement email with your order number and details of the products you have ordered from Burberry (the "Products") and details of the Delivery Services you have ordered from us. Please note that this email is an acknowledgement that Burberry has received your order and is not an acceptance of your order. Acceptance of your order and the formation of (a) a contract of sale for the Products between Burberry and you and (b) a contract for Delivery Services between us and you, will not take place unless and until the Products have been collected from Burberry by us on your behalf pursuant to your delivery contract with us.

3.3
Orders can also be placed by telephone in English, French, Spanish, German, Mandarin, Cantonese, Japanese, Korean, Italian, Russian or Brazilian Portuguese with Burberry's Customer Service team Contact Us. Burberry's Customer Service team act on behalf of us in respect of any queries about delivery. Where you provide us with an email address, we will follow the process outlined in Clause 3.2. If you have not provided Burberry with an email address, Burberry reserves the right to follow an alternative process, which will be notified to you at the time. In either case, acceptance of your order and the formation of (a) a contract of sale of the Products between Burberry and you and (b) a contract for Delivery Services between us and you, will not take place unless and until the Products have been collected from Burberry by us on your behalf pursuant to your delivery contract with us.



4. PRICES

4.1
All prices of our Delivery Services on the Web Store are stated in the currency specified for your country in our Shipping Destinations, Costs and Delivery Times section. They include any applicable VAT or sales tax payable. Find out more about Shipping Destinations, Costs and Delivery Times.

4.2
We endeavour to ensure that all pricing information on Web Stores is correct. Occasionally, however, an error may occur and our Delivery Services may be mispriced. If the correct price of our Delivery Services is lower than the price stated on the Web Store, we will charge you the lower amount and provide the Delivery Services. If the correct price of our Delivery Services is higher than the price stated on the relevant Web Store, Burberry will, at its discretion and on our behalf, 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 Delivery Services to you at an incorrect price.

4.3
We may vary the prices of our Delivery Services listed on a Web Store at any time and without any notice.

4.4
From time to time, Burberry Distribution will offer a promotion in conjunction with Burberry where delivery charges are reduced, in some cases to zero. The delivery charge will be included in the Order Summary but the promotional discount will be netted against this charge. In such cases you continue to contract with Burberry Distribution for the delivery services and all other conditions apply.



5. PAYMENT TERMS

5.1
The cost for our Delivery Services will be itemised on the order acknowledgement issued by Burberry. Burberry receives the delivery charge on our behalf from you. Find out more about Shipping Destinations, Costs and Delivery Times.

5.2
More information about the payment methods that Burberry accepts, and details of when an order will be charged to your account can be found in the Shopping FAQs section.

5.3
Please note that Burberry accepts payment in the payment currency specified for the country of your selected shipping destination in our Shipping Destinations, Costs and Delivery Times section

5.4
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 or payment method is valid and the inputted payment details correct. All credit/debit cardholders and any payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. 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.

5.5
We are not responsible for any charges or other amounts 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.

5.6
If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the Web Store, 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 displayed on the Website.



6. INVOICING

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.



7. DELIVERY, TITLE AND RISK

If you are placing an order on the Burberry Bespoke area of this Website for a Bespoke Trench or you are placing an order for Products from Burberry's runway collection, the following sections may be superseded by or may apply to in addition to specific terms applicable to such products as set out in Sections D and E of the Burberry Limited Terms and Conditions respectively.

7.1
We (Burberry Distribution) provide delivery to you. When ordering, you will be offered our delivery service once you reach the delivery address details page. Orders will be sent to the delivery address that you have given on your order form. Neither we nor Burberry can 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 a Web Store. Details of the locations to which we deliver are available from us on request.

7.2
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 Burberry Limited and Burberry Distribution will endeavour to despatch your order in accordance with the estimated delivery times set out at Shipping Destinations, Costs and Delivery Times. Please note there are a number of UK postcodes to which Burberry Distribution cannot deliver on a next day basis or on a Saturday. Please see Postcode Restrictions. There may be additional restrictions or exclusions in respect of specific addresses in countries to which we ship. These may change from time to time. We shall endeavour to notify you of such restrictions but this may not be possible until we have received your order. Orders received after any specified “cut off” or “last order” time or on a day which is not a working day (that is any day on which the banks are open for business in London 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 processed.

Where you have selected any of Burberry Distribution's delivery services, your sole remedy for any failure by Burberry Distribution to despatch 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 Burberry Limited and to Burberry Distribution 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.

7.3
Title in the Products will pass to you on the later of:-
(a) the date and time on which Burberry receives payment in full for such Products; and
(b) the date and time when we collect such Products on your behalf from Burberry for delivery to your nominated address or designated Burberry store) (as applicable).

7.4
We shall be liable to you for any damage to the Product that occurs between the time that we collect such Product on your behalf from Burberry and the time at which we deliver such Product to you, or where you have elected to collect a product in a Burberry store, the time when the product is collected by you (or a third party on your behalf) from the designated Burberry store.

7.5
In the event that a Product is subsequently imported into a country other than the country to which we delivered the Product, 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.



8. INTELLECTUAL PROPERTY

8.1
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 Web Stores (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.

8.2
The "Burberry" trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on the Products, Web Stores, 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 and treaties around the world. All such rights are reserved.

8.3
All other intellectual property rights (including, without limitation, registered or unregistered designs, copyrights and patents) in or related to Web Stores, the products depicted and/or available on Web Stores and any accessories, stationery, packaging or ancillary items connected to such products, your order or any Web Store (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.



9. EXCLUSION OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BURBERRY DISTRIBUTION DISCLAIMS AND EXCLUDES ALL OTHER TERMS, CONDITIONS AND WARRANTIES IN RELATION TO ITS DELIVERY SERVICES WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE OR ARISING FROM ANY PREVIOUS COURSE OF DEALING OR USAGE OR TRADE PRACTICE.

This Clause 9 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 (if any).



10. LIMITATIONS OF LIABILITY

10.1
Nothing in these Terms limits or excludes our liability for (i) death or personal injury caused by negligence, (ii) for fraud or fraudulent misrepresentation, or (iii) any other liability which cannot be limited or excluded by applicable law.

10.2
Subject to Clause 10.1 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 damage of any kind suffered or incurred by you arising out of or in connection with these Terms.

This Clause 10 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 (if any).



11. 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.



12. AMENDMENTS TO THESE TERMS

1
We reserve the right to make changes to these Terms at any time. You, and any contract between us, will be subject to the version of these Terms in force at the time you order the Delivery Services in question from us.



13. 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.



14. SEVERANCE

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



15. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999

1
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.



16. GOVERNING LAW AND JURISDICTION

1
These Terms and all transactions relating to the Website are governed by English law and you, and we, hereby submit to the non-exclusive jurisdiction of the English courts.

Customer Service for Burberry and Burberry Distribution: Contact Us.