Terms & Conditions
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General Terms and Conditions for the HUGO BOSS AG Online Store
Issued: August 2008
General
This website is operated by
HUGO BOSS AG
Dieselstr. 12
D-72555 Metzingen
as the responsible body.
§ 1 Scope and Definitions
(1)
These General Terms and Conditions (the "Terms") will apply when you access
the HUGO BOSS AG Online Store (the "Website") or place orders to purchase any
of the goods on the Website. Any reference to "we"/“us”/"our" in these Terms is
a reference to HUGO BOSS AG [located at Dieselstrasse 12, D-72555 Metzingen, Germany]
and any reference to "you"/"your" means you, the user of the Website.
(2)
Please read these Terms carefully before using the Website and placing your
order. By accessing any part of the Website or ordering goods from the Website, you
agree to be bound by these Terms. We recommend that you keep a copy of these Terms for
future reference. Click [here]
to print or download a copy.
(3)
These Terms are only available in the English language.
§ 2 Our Contract
(1)
Your order constitutes an offer to us to buy the goods you select from the
Website. All orders are subject to availability and will not constitute a binding
contract of sale until accepted by us. We reserve the right to refuse to accept an order.
(2)
Purchases made on the Website are for your personal or gift use and are
not to be used for re-sale, commercial purposes or any other commercial benefit.
We reserve the right to refuse orders for multiple quantities of an item ordered
by any one customer or to any one postal address.
§ 3 The Order Process
(1)
You may select items from our range of goods, details of which will be added to
the "Shopping Basket" by clicking on the “Add to Shopping Basket” button. By clicking
on the “Continue” button, you submit an offer to buy the goods in the Shopping Basket.
As soon as this offer is accepted by us in the way specified in paragraph (4) below,
your order forms a binding contract of sale between you and us.
(2)
Before placing an order you can view and amend your order details at any time by
clicking on the “View Shopping Basket” button.
(3)
You will automatically be sent an e-mail confirming receipt of your order
(the "Confirmation E-Mail") with a summary of the details of your order, which
we would recommend that you print out and keep for your own records. The Confirmation
E-mail does not constitute our acceptance of your order; it merely records the fact
that we have received the order.
(4)
We will send you a second e-mail when we dispatch your goods which shall constitute
our acceptance of your order (the "Acceptance E-Mail"), at which point a binding contract
of sale will be concluded between you and us. We will file a copy of any orders that are
accepted by us.
§ 4 Registering for a Personal Account
(1)
To make it easier for you to order goods using the Website, we offer you the opportunity
to register for a personal account. If you take advantage of this opportunity, any personal
data that you provide us with during the registration process will be stored in our database
and need not be entered with each new order; it will be entered into the order form automatically.
(2)
To register, you must supply us via the online registration form with the following information:
your name, surname, address, date of birth, e-mail address and, where applicable, different delivery
address. Once you click on the “Register” button, this information will be stored in our customer
database. We will only use the stored data in accordance with our Privacy Statement, which can be
accessed [here].
(3)
After registering for a personal account, you will be automatically sent an e-mail containing your
account details which will act as the user ID for your account, as well as a password. You will be given
the opportunity to change the password when you first log in to your account. You must keep your user ID
and password confidential at all times and not make them available to any unauthorised third party. You
will be responsible for any misuse of your user ID and password.
§ 5 Delivery Times, Availability of Goods
(1)
We will notify you of the estimated delivery time for your goods in the Acceptance E-Mail. This delivery
date will usually be within three to six business days of sending you the Acceptance E-Mail for Standard Delivery
and within one to three business days of sending you the Acceptance E-Mail for Express Delivery. It may take
slightly longer to deliver goods to very remote areas.
(2)
Whilst we will do our best to deliver your goods within four business days of sending you the Acceptance E-Mail,
sometimes it may take longer than expected. You accept that on occasion, it may take us more than 30 days to deliver
your goods and we thank you for your patience should this occur. If you change your mind in the meantime, you have
the right to cancel your order in accordance with paragraph 9.
(3)
In the event that we are unable to meet the original delivery time stated in the Acceptance E-Mail, we will
notify you of this as soon as possible and at the same time specify a new estimated delivery time.
(4)
Where you have ordered multiple goods, we may sometimes need to deliver your goods in more than one delivery.
If more than one delivery will be required, we will always inform you beforehand.
(5)
If for any reason the goods ordered by you are not available at the time you place your order, we will
notify you of this by e-mail. Our acceptance of your order in the Acceptance E-Mail is limited to the goods
that are available. No contract of sale will be concluded in respect of goods that are not available.
(6)
As soon as the goods are delivered to you, they become your responsibility.
§ 6 Prices and Delivery Charges
(1)
All of the prices listed on the Website include the currently applicable statutory value-added tax.
(2)
The prices shown on the Website do not include delivery charges. Our delivery charges are as follows:
Standard Delivery: £10.00
Express Delivery: £20.00
We reserve the right to make a surcharge for deliveries to very remote areas. If a surcharge is applicable
to your order, you will be informed at the checkout stage of the order process, prior to placing your order.
(3)
If you decide to cancel your order and return all of the items ordered, we will refund any delivery
charges paid by you.
§ 7 Payment, Default in Payment
(1)
Payment for your goods must be made via credit or debit card as specified at the
point of payment.
(2)
The full payment price will be debited from your card upon or shortly before
dispatch of the goods to you.
(3)
You confirm that the credit or debit card that is being used is yours. All credit or
debit card holders 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 responsible for any delay or non-delivery and we are
not obliged to inform you of the reason for the refusal.
§ 8 Fourteen Day Returns Guarantee
(1)
If for any reason you are unhappy with your goods, you have the right to return them and receive
a full refund (including delivery charges if the whole of your order is returned), provided:
(2)
We will provide you with a full refund to the card used when placing your order within 30
days of us receiving the goods in accordance with paragraph 8(1). We will then send you an e-mail
confirming that this refund has been made.
(3)
HUGO BOSS is under no obligation to accept returns and provide refunds for goods that do not
comply with paragraph 8(1) (notwithstanding your statutory rights set out in paragraph 10).
Goods that are not accepted by us will be returned to you.
§ 9 Faulty Goods
(1)
If your goods are faulty or do not meet the description given on the Website, please contact
us as soon as possible at service.uk@hugoboss-store.com
or by fax +44 (0) 871 075 00 03. We ask you to return the faulty goods to us and will then provide you with
replacement goods where available, or alternatively give you a full refund for those goods (including delivery charges).
§ 10 Statutory Rights
(1)
In addition to your 14 Days Return Guarantee, set out in paragraph 8 above, you have a statutory right to
cancel your order and receive a full refund (including delivery charges if the whole of your order is cancelled)
provided you notify us in writing that you are exercising this right of cancellation no later than seven working
days beginning the day after you received your goods. The written cancellation notice should be sent to the
following e-mail address: service.uk@hugoboss-store.com
or by fax to +44 (0) 871 075 00 03.
(2)
We will provide you with a full refund (including delivery charges if the whole of your order is returned)
within 30 days of receiving your notice of cancellation. We ask you to take care of the goods whilst they are
in your possession and return them to us at the address given in paragraph 8(1) as soon as reasonably possible
after cancelling your order.
(3)
Please note that if you fail to take reasonable care of the goods, or fail to return the goods to us, we
will be entitled to make a claim against you for any losses which we suffer as a result. We may also decide
to ban you from using the Website in the future.
(4)
If we have not received the goods from you within a reasonable time following cancellation, we reserve
the right to send a courier to collect the goods from the address to which they were delivered and charge
you for the costs we incur in doing so.
§ 11 Your Personal Data
(1)
The personal information that you provide to us whilst using the Website is very important to us and
we will only collect and use it in accordance with our Privacy Statement, which can be accessed by
clicking [here].
§ 12 Liability
(1)
Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation or for death
or personal injury resulting from our negligence.
(2)
We will not be responsible for any loss or damage caused to you where such loss or damage is not reasonably
foreseeable to you and us at the point at which you agree to these Terms (including where the loss or damage
results from our breach of these Terms). Loss or damage will be reasonably foreseeable where it could be
contemplated by you and us.
(3)
We will also not be responsible for any loss or damage caused to you where you are not entering into these terms as a consumer.
(4)
We do not:
(5)
When you order goods from the Website, our aggregate liability to you for any loss or damage arising in connection
with these Terms shall be limited in respect of each claim, to the purchase price of your order.
(6)
(We are not responsible for any delay or failure to comply with our obligations under these Terms if the delay or
failure arises out of any event which is beyond our reasonable control. Such events shall include, without limitation,
failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm,
strikes, lockouts, terrorist attacks or industrial action affecting us or our suppliers.
§ 13 Copyright and Other Intellectual Property Rights
(1)
Your use of the Website grants no rights to you in relation to copyright, design rights, trade marks or other
of our intellectual property rights (or the intellectual property rights of third parties).
(2)
We provide the Website to you solely for your personal, non-commercial use. The content of the Website may
not be used for any other purpose without our express written permission.
§ 14 Final Provisions
(1)
We reserve the right to change or update these Terms from time to time.
(2)
These Terms will be governed by and construed in accordance with the laws of England and any disputes
that may arise shall be subject to the non-exclusive jurisdiction of the English courts.
(3)
If any of these Terms are found to be invalid by any court or regulator, the other Terms shall
continue to apply.
(4)
Please let us know if you have any questions or complaints regarding the Website. You
can contact us by e-mailing service.uk@hugoboss-store.com
or writing to us at the address provided at the top of these Terms.