Terms & Conditions
These Terms & Conditions were last updated on: 17th November 2015
On this page you will find the Terms & Conditions that relate to the Conditions of Usage and Conditions of Sale of this website.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
- Terms and conditions of use
- 2. OTHER IMPORTANT READING - Should I read any other information or terms?
- 3. INFORMATION ON US - Who makes this site available to me and what should I do if I have questions, comments, complaints or enquiries?
- 4. YOUR ACCOUNT - I want to register for an account. What do I need to know about my account and password?
- 5. PRODUCTS - Are all the products and colours you sell available on this site?
- 6. YOUR OBLIGATIONS - What obligations do I have under these terms?
- 7. FRED PERRY’s RIGHTS - Who owns or has the rights in this site and the Fred Perry content?
- 8. USER GENERATED CONTENT - Can I upload content to this site and to Fred Perry’s social media sites?
- 9. RIGHTS TO USER GENERATED CONTENT - Who owns or has the rights in the content I upload?
- 10. COMPETITIONS AND PROMOTIONS - I want to take part in a Fred Perry competition or prize draw. What do I need to know?
- 11. FRED PERRY’s OBLIGATIONS - What are Fred Perry’s legal obligations to me and how do the terms limit Fred Perry’s liability?
- 12. CHANGES TO THE SITE - How can Fred Perry make changes to its sites?
- 13. CONSEQUENCES OF BREACH - How can Fred Perry stop making its sites available to me and what happens if it does so?
- 14. LINKING - Can I link to this site?
- Terms and conditions of sale
- 1. Introduction
- 2. Interpretation
- 3. Order process
- 4. Products
- 5. Prices
- 6. Payments
- 7. Deliveries
- 8. Distance contracts: cancellation right
- 9. Warranties and representations
- 10. Breach of product warranty
- 11. Limitations and exclusions of liability
- 12. Order cancellation
- 13. Consequences of order cancellation
- 14. Scope
- 15. Variation
- 16. Assignment
- 17. No waivers
- 18. Severability
- 19. Third party rights
- 20. Entire agreement
- 21. Law and jurisdiction
- 22. Statutory and regulatory disclosures
- 23. Our details
TERMS AND CONDITIONS OF USE
Please read these Terms carefully before you start to use our sites, as the Terms will apply to your use of the sites. By using our sites, you confirm that you accept the Terms and that you agree to comply with them. If you do not agree to the Terms, you must not use our sites. We recommend that you keep a printed copy of these Terms for future reference.
Changes to Terms
We may revise the Terms at any time by amending this page.
Please check this page from time to time to take notice of any changes we made, as they are binding on you. We may revise this acceptable use policy at any time by amending this page.
2. Should I read any other information or terms?
These Terms refer to the following additional terms and conditions, which also apply to your use of our site:
If you purchase goods from our site, our Terms and Conditions of Supply will apply to the sales. The information on this site does not constitute a binding offer to sell the products described on the Website. All purchases made via the site are subject to our Terms and conditions of Supply.
3. Who makes This Site available to me and what should I do if I have questions, comments, complaints or enquiries?
Information about us
This site is operated by Fred Perry Limited (“Fred Perry”). We are registered in England and Wales under company number 3114528 and have our registered office at 14 James Street, Covent Garden, London, WC2E 8BU, England. Our main trading address is 14 James Street, Covent Garden, London, WC2E 8BU, England. Our VAT number is GB 668 01 67 20.
In these Terms, the terms "we", "us" and "our" refer to Fred Perry and "you" refers to you, the user of the site or a Fred Perry operated and owned social media site.
To contact us, please email firstname.lastname@example.org call the UK Freephone: 0808 129 3515 or from outside the UK: +44 (0) 207 632 2800. You can also contact us by writing to the business address given above or by using our website contact form.
If you learn of any unlawful material or activity on our website, or any material or activity that breaches these Terms, please let us know.
We respect the intellectual property rights of others and request that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our Legal Department, who can be reached at:
Fred Perry Limited
Attention: Commercial Lawyer
14 James Street
London, WC2E 8BU
In order for us to more effectively assist you, the notification must include all of the following:
- a description of the copyrighted work you claim has been infringed;
- information reasonably sufficient to locate the material in question on the site;
- your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit Fred Perry to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law; and
- a signed statement by you confirming that all of the information in your notice is accurate, and that you are the copyright owner or are authorised to act on behalf of the copyright owner.
4. I want to register for an Account. What do I need to Know about my Account and Password?
You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
You do not have to register to use the site but will need to register to purchase goods via the site. If you register with our site or make a purchase on our site, we will ask you to expressly agree to these Terms. There are advantages in registering and creating an account with us. Not only will shopping be easier, but your experience with us will become more personalised over time. By creating an account, you can store credit card information for easier and faster checkout, maintain an address book, review your order history and edit billing or shipping information.
You must be at least 18 years of age to use our site; and by using our site or agreeing to these Terms, you warrant and represent to us that you are at least 18 years of age.
Suspending your account
- suspend your account;
- cancel your account;
at any time in our sole discretion without notice or explanation.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
5. Are all the Products and Colours you sell available on this site?
Not all of the products we sell are available for sale through the site. Additional products are available in Fred Perry shops and concessions all around the world. Please visit us our shop finder in order to find the nearest store.
We have made every effort to display the colours and textiles of our products that appear on the site as accurately as possible however, as computer monitors vary, we cannot guarantee that products will be exactly as depicted on the site.
6. What obligations do I have under these Terms?
How can I use this site?
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
How may I not use this site?
- view pages from our sites in a web browser;
- download pages from our sites for caching in a web browser;
- print pages from our sites;
- stream audio and video files from our sites; and
- use our sites services by means of a web browser,
subject to the other provisions of these Terms.
You may use our sites, only for lawful purposes. You may not use our sites:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, logic bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
- To attack our site via a denial-of-service attack or a distributed denial-of service attack, or take any action that causes, or may cause, damage to our sites or impairment of the performance, availability or accessibility of our sites.
- To conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our site without our express written consent.
- To access or otherwise interact with our site using any robot, spider or other automated means.
- To violate the directives set out in the robots.txt file for our website.
- To use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms. Notwithstanding this term, you may redistribute our newsletter in electronic form to any person.
- Not to exploit material from our website for a commercial purpose.
- Not to use data collected from our website to contact individuals, companies or other persons or entities.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any server, computer, database, equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
7. Who owns or has the rights in this Site and the Fred Perry Content?
All content on this site including, without limitation, text, designs, graphics, logos, icons, images, films, audio clips, downloads, interfaces, code and software ("Website Material") is owned by or licensed to Fred Perry, our affiliates (including without limitation Fred Perry (Holdings) Limited), and our respective licensors or content providers, and is protected by copyright, trade mark and other applicable laws. Your use of the site does not entitle you to any intellectual property rights or any other rights in the Website Material, other than the limited rights of use granted to you pursuant to these Terms.
All trade marks, logos, service marks and trade names displayed on this site are registered and/or unregistered trademarks of Fred Perry, its affiliates or other third parties. All of these trade marks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting any licence or right to use any trade mark, logo or service mark displayed on the site without the owner's prior written permission, except as otherwise described in these Terms. Fred Perry and our affiliates reserve all rights not expressly granted in and to the site and the Website Material.
You may access, copy, download and print the Website Material for your personal and non-commercial use, provided you do not modify or delete any copyright, trade mark or other proprietary notice that appears on the Website Material. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. Any other use of the Website Material is strictly prohibited. You may not use the site or the Website Material for any commercial purpose whatsoever. If you download or upload any materials from or to this site, you do so at your own discretion and risk.
Fred Perry reserves the right to restrict or terminate your access to, or use of, the site or any feature or part of it at any time if you breach these Terms or for any other reason whatsoever without notice. Termination or limitation of your access or use will not waive or affect any other right or relief to which Fred Perry may be entitled, at law or in equity.
When you upload or post content to our sites, you warrant that you own or otherwise control all the rights (including all intellectual property rights) to such material, and that such material complies in all respects with these Terms.
8. Can I upload content to this site and to Fred Perry’s social media sites?
User Generated Content
Fred Perry, and its subsidiaries, successors, assigns and agents owns and/or operate this site and various other websites, social media and other online properties (together “sites”) that permit users like you to submit or publish any works and materials (including without limitation comments, links, attachments, photos, texts, graphics, images, audio material, video material, audio-visual material, scripts, software and files, and other content) (collectively, "User Generated Content"). Fred Perry’s sites may include, but are not limited to, message boards, blogs, social networks, and comment boards. By registering or using any of our sites, you accept and agree to the following regarding User Generated Content.
By posting User Generated Content and/or by hashtagging #YesFred, you represent and warrant to Fred Perry that:
- you own or otherwise control all of the rights to the User Generated Content and have the right to grant the license rights to User-Generated Content that are granted in these Terms;
- the User Generated Content is accurate; and
- you are at least eighteen (18) years old, and you have read and understood—and your User Generated Content fully complies with—these Terms and applicable laws and will not cause injury to any person or entity.
You understand that you will be liable to us, our affiliates and their respective officers, directors, employees, contractors, agents, licensors, service providers, sub-contractors and suppliers, and you will indemnify us, and keep us indemnified, for any breach of the above warranties. If you are a consumer user, this means you will be responsible for any and all losses, liabilities, expenses, damages and costs, (including reasonable legal fees) arising or resulting from your breach of warranty. Fred Perry reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate fully with Fred Perry in the defence of such matter.
Any User Generated Content you upload to our site will be considered non-confidential and non-proprietary. You acknowledge that we have no obligation of confidentiality in relation to any material you submit to us. You understand that Fred Perry is not obligated to use such content and it may edit or otherwise make derivative works of such content as part of its licensed distribution without any approval by you of the final product.
Your Rights and Obligations
You are solely responsible for User Generated Content that you post. Under no circumstances will we be liable in any way for any User Generated Content.
You retain all of your ownership rights in your content, but you are required to grant us and other users of the sites a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the section 9 below (‘Who owns or has the rights in the content I upload?’).
The following standards apply to any and all User Generated Content which you upload to, distribute or otherwise publish to our sites, and to any interactive services associated with the sites.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any User Generated Content as well as to its whole.
Your User Generated Content must:
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Your User Generated Content must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Contain any material which is likely to incite crimes or offences.
- Contain any material which is harmful to minors.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Promote any commercial activity whatsoever, for example by sending promotional or advertising messages or spam.
- Be threatening, abuse or invade another’s privacy or publicity rights, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from Fred Perry, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You are solely responsible for securing and backing up your User Generated Content.
You also agree and understand that by accessing our sites, you may encounter User-Generated Content that you may consider to be objectionable. The views expressed by other users on our site do not represent our views or values. We have no responsibility for any such User Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you claim was incurred as a result of your viewing or use of any User Generated Content posted, emailed, transmitted or otherwise made available on or through our sites. The User Generated Content posted on or through our sites expresses the personal opinions of the individual who posted it and does not reflect the views of Fred Perry or any person or entity associated with Fred Perry.
Fred Perry’s Rights
We have the right to disclose your identity to any third party who is claiming that any User Generated Content posted or uploaded by you to our sites constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any User Generated Content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in these Terms. In addition, we reserve the right (but not the obligation) to terminate your access to and use of any sites, or to censor, edit or block your transmissions thereto in our sole discretion. You agree that our exercise of such discretion shall not render us the owners of User Generated Content you post, and that you will retain ownership of and responsibility thereof as described above.
9. Who owns or has the rights in The Content I upload?
When you upload or post User Generated Content to our sites and or by hashtagging #YesFred, you grant the following licences:
- To Fred Perry and its affiliates and agents, a perpetual, irrevocable, fully transferable, fully paid, non-exclusive, royalty-free licence, to use, reproduce, modify, create derivative works from, display, store, adapt, publish, translate, display and distribute your User Generated Content, along with your name and likeness, throughout the world in any existing or future media, without obtaining additional consent, without the need to provide any attribution, without restriction, without the need to notify you, and without any duty or obligation to compensate you in any way.
- To third parties, a perpetual, worldwide, irrevocable, transferable, non-exclusive, royalty-free licence (for example, other users, partners or advertisers) to use the User Generated Content for their purposes or in accordance with the functionality of this site.
You acknowledge that we have no obligation of confidentiality in relation to any material you submit to us via the site.
10. I want to take part in a Fred Perry competition or prize draw. What do I need to know?
The following are the terms and conditions for competitions (“Competitions”) and prize draws (“Prize Draws”) which are operated by Fred Perry (14 James Street, Covent Garden, London, WC2E 8BU, England).
These terms and any issues or disputes which may arise out of or in connection with these terms and conditions (whether such disputes or issues are contractual or non-contractual in nature, such as claims in tort, for breach of statute or regulation or otherwise) shall be governed by and construed in accordance with the laws of England and Wales. Entrants hereby irrevocably submit to the exclusive jurisdiction of the English courts to settle any such dispute or issues.
For the purposes of these terms a “Prize Promotion” shall mean a Competition or a Prize Draw, as the context so requires.
Whether the Prize Promotion is a Competition or Prize Draw will be stated or made clear in the Prize Promotion Notice (as defined below).
The Prize Promotions may be run:
- from any of our global Fred Perry owned and operated retail shop;
- on our website, www.fredperry.com;
- on our Facebook page accessible at https://www.facebook.com, or the Facebook page of a Fred Perry retail shop ("Facebook Page");
- on our Twitter page accessible at https://twitter.com/ or the Twitter page of a Fred Perry retail shop ("Twitter Page"); and/or
- on the applicable Instagram Page(s) accessible at http://instagram.com/ or the Instagram page of a Fred Perry retail shop ("Instagram Page"), (the “Prize Promotion Pages”).
Additional terms and conditions applicable to a Prize Promotion can be found, prior to you entering that Prize Promotion, on the post on the site, the post on the Facebook Page, the tweet on the Twitter Page or photo on the Instagram Page (as applicable) relating to the Prize Promotion (“Prize Promotion Notice”). For any Prize Promotion, the Prize Promotion Notice relating to that Prize Promotion shall be deemed incorporated into these terms and in the event of any conflict, the terms of the relevant Prize Promotion Notice shall prevail.
In addition to these terms, you hereby agree to comply with the following policies of Facebook, Twitter and Instagram (as applicable):
A Prize Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter or Instagram and if you enter a Prize Promotion, You release Facebook, Twitter and Instagram from any and all liabilities in connection therewith (if and as applicable).
Please read these terms carefully. These terms set out who can enter a Prize Promotion, how a Prize Promotion will be run and the circumstances in which we may withhold all or part of any Prize and/or disqualify you. By submitting an entry for a Prize Promotion, you agree to be bound by these terms. Any amendments or cancellations to these terms will be posted on the relevant Prize Promotion Page.
We reserve the right to disqualify you from a Prize Promotion and/or report, remove or block you from (or remove your entry or comment from) the relevant Facebook Page/Twitter Page/Instagram Page if your entry or any comment from you is, or may reasonably be considered to be, defamatory, offensive, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership, corporation or entity or if we have reasonable grounds to believe that you have breached any of these Terms and Conditions.
To enter a Prize Promotion you must:
- be able to comply with all the terms; and
- be at least 16 years old, unless expressly stated otherwise in the relevant Prize Promotion Notice.
You must not be an employee, agent or a director of, or a member of the family of an employee, agent or director of:
- Fred Perry or any of our associated companies or subsidiaries; or
- any advertising agency or web company connected with us.
Unless stated otherwise in the relevant Prize Promotion Notice, you can only enter a Prize Promotion once. No third party entries, bulk entries or entries submitted by agents will be accepted.
Prize Promotion and Entry Requirements
Entries to a Prize Promotion must be received by us between the dates and times specified on the relevant Prize Promotion Notice. If no start date is stated in the relevant Prize Promotion Notice, the default start date shall be the date on which the Prize Promotion Notice goes live. Any entries which are received outside this period shall not be considered regardless of the reason.
To enter a Prize Promotion, you need to follow the instructions set out in the relevant Prize Promotion Notice.
If entering via Our Twitter Page, please do not tweet or re-tweet more than once. We reserve the right to disqualify any entrant who tweets or re-tweets more than once.
There is no charge to enter a Prize Promotion; however, standard mobile data and internet connection charges may apply.
We shall be entitled to disqualify any entry which Fred Perry believe;
- has been copied from elsewhere;
- is defamatory, indecent or violates any third party’s rights, is offensive, unlawful, obscene, threatening, pornographic, harassing, hateful, racially or ethnically offensive, promotes political positions or actions, encourages conduct that would be considered a criminal offence, gives rise to civil liability, violates any law or is otherwise inappropriate, or contains advertisements or solicitations of business;
- includes false or misleading information; or
- otherwise breaches these Terms.
We cannot be held responsible for entries which are lost or corrupted or for any entries to a Prize Promotion which we do not receive as a result of any technical error, however caused. In addition we cannot accept any liability for any difficulties experienced in submitting an entry. Proof of entry or submission will not be proof of receipt by us.
Judging/Selection of Winner
In respect of Competitions, We will review all entries received by us which comply with these terms and an independent person will either:
- select, in his/her opinion, the best entry/entries as the winner/winners if a Prize Promotion requires a judgment; or
- select the winner/winners at random from a ballot of all entries with the correct answer.
In respect of Prize Draws, an independent person will select the winner/winners at random from:
- all entries received by us; or
- in the case of where a simple question is asked (but the Prize Promotion is considered to be a Prize Draw and not a Competition) a ballot of entries with the correct answer, which comply with these terms.
Any person selected pursuant to the above conditions shall be a “Winner”.
The Winner/s will be notified within a reasonable time after the closing date via at least one of the following methods: by private message through the applicable social media site; by email; by telephone; in writing; or as otherwise set out in the relevant Prize Promotion Notice.
If we notify you that you have been selected as a Winner and you do not acknowledge such notification within 7 days or such other time as stated in the relevant Prize Promotion Notice, we shall be entitled to withdraw your selection as a Winner and we shall have the right to select an alternative Winner in our absolute discretion.
We reserve the right to verify the eligibility of entrants. We may request such information as we consider reasonably necessary for the purpose of verifying the eligibility of an entrant and prizes may be withheld unless and until we are satisfied with the verification.
Subject to these terms, each Prize Promotion prize will be specified in the relevant Prize Promotion Notice ("Prize").
At our option, we may either send the Prize to the Winner/s by first class post or make the Prize available for the Winner/s to collect at a place reasonably selected by us (upon presentation of valid identification), provided that that Winner has complied with his/her obligations under these terms.
There are no Prize substitutions or cash alternatives and the Prize is not transferable.
Where for reasons outside of our reasonable control we are unable to deliver to a Winner the whole or any part of the Prize We shall have the right to decide on and substitute all or part of the Prize offered for an alternative prize which we reasonably nominate.
In relation to Prizes in the form of tickets for an event, the details of the Prize shall be as printed on the tickets and the Winner of that Prize shall (along with any permitted companion), in addition to these terms, be bound by any terms and conditions applicable to such tickets (including, without limitation, the ticket terms and conditions and venue rules).
Unless otherwise expressly stated in the relevant Prize Promotion Notice, the Winner/s (and any permitted companion/s) will be solely responsible for their own accommodation and travel and any and all other expenses incurred in connection with that Winner’s Prize. We assume no responsibility and are not liable for any costs, charges or expenses which the Winner/s (and any permitted companion/s) may be required to pay at any time in connection with their Prize.
You agree that if you are a Winner:
- you consent to Fred Perry using your name and/or image in our publicity for the promotion and in such promotional materials as we see fit whether now or in the future, anywhere in the world;
- you agree that we will be the owner of any intellectual property rights in your entry and to this end you will assign to Fred Perry, with full title guarantee, all intellectual property rights in your entry (if applicable);
- you will waive all moral rights in your entry;
- you consent to the exploitation by Fred Perry (or any third parties we authorise) of your entry in any way we see fit and in any media;
- you agree that you will not be entitled to any payment for such use; and
- you will sign such documents as we reasonably request to confirm this.
In all matters our decision will be final and no correspondence or discussion shall be entered into with you or any other party on your behalf regarding the process or details of such decision.
Limitation of Liability
We cannot be held responsible for any costs incurred by you in entering a Prize Promotion (whether or not such entry is successful) or in relation to you taking part in a Prize Promotion.
We will not be responsible for any losses you suffer as a result of our breach of these terms unless those losses were reasonably foreseeable to both you and Fred Perry at the date you enter a Prize Promotion.
For the avoidance of doubt, we will not be liable to you, in contract, tort (including, without limitation, negligence) or otherwise in connection with a Prize Promotion for:
- loss of revenues, profits, contracts, business or anticipated savings or loss of data; or
- any loss of goodwill or reputation; or
- any special or indirect or consequential losses, however caused.
Nothing in these terms shall exclude or limit our liability for death or personal injury resulting from our negligence or a deliberate act or omission of Fred Perry or any of our officers.
If you submit an entry to a Prize Promotion that includes material the rights in which are owned by a third party, including intellectual property rights such as copyright and trade marks, you will be responsible for any legal action that party may take against you. Entrants shall indemnify and hold Fred Perry and our respective affiliates, directors, agents, or other partners ("the Indemnitees") harmless from any claims, actions, proceedings, costs (including reasonable legal fees) and expenses brought or asserted by a third party against any of the Indemnitees arising as a result of Fred Perry's use of the entrant's submission including but not limited to any breach of third party intellectual property rights. By participating in a Prize Promotion, you agree to release, discharge and hold us harmless from any and all injuries, liability, losses and damages of any kind resulting from your participation in this promotion (save that nothing shall limit our liability for fraud, or for death or personal injury caused by our negligence).
11. What are Fred Perry's legal obligations to me and how do the terms limit Fred Perry's liability?
All information on our sites is provided for general information only. It is not intended to amount to advice on which you should rely. Save as provided in our Terms and Conditions of Supply, we are not responsible if information made available on our sites is not accurate, complete or current. We reserve the right to amend or correct the content on the sites at any time without prior notice or liability to you. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the information on our sites.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
Fred Perry’s liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under the applicable law. Nothing in these Terms affects your statutory rights as a consumer.
Fred Perry provides you with access to the sites on the basis that, and to the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms of any kind (including, without limitation, any warranty that access to the sites will be uninterrupted or error-free; that the sites will be secure; that the sites or the server that makes the sites available will be virus-free; or that information on the sites will be complete, accurate or timely) which may apply to our sites or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with
- the sites and the Website Material;
- the use, inability to use or the results of use of this site;
- any websites linked to the sites or the material on such linked websites; and
- any information on this sites.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, income, use, sales, contracts, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any special, indirect or consequential loss or damage.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and Conditions of Supply.
As a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. How can Fred Perry make changes to this site?
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
13. How can Fred Perry stop making the Site available to me and what happens if it does so?
Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:
- send you one or more formal warnings;
- temporarily suspend your access to our website;
- permanently prohibit you from accessing our website;
- block computers using your IP address from accessing our website;
- contact any or all your internet service providers and request that they block your access to our website;
- commence legal action against you, whether for breach of contract or otherwise; and/or
- suspend or delete your account on our website.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14. Can I Link to this site?
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You or third parties acting on your behalf may not (i) use our proprietary marks and logos (including without limitation "Fred Perry" and "Laurel Wreath" as meta tags or any other "hidden text"; or (ii) use framing technology to enclose any content included on the site, without our prior written consent.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in these Terms.
If you wish to make any use of content on our site other than that set out above, please contact firstname.lastname@example.org.
Third party links to our site
Our sites may contain links to other websites, some of which are operated by Fred Perry or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you. We have not reviewed the information on the other websites and are not responsible for the content of these or any other websites, or any products or services that may be offered through these or any other websites. Inclusion of links to other websites should not be viewed as an endorsement of their content. Any questions or comments relating to those other websites should be addressed to the operator of the other websites.
If Fred Perry decides not to exercise or enforce any right that it has against you at a particular time, then this does not prevent Fred Perry from later deciding to exercise or enforce that right.
If any part of these Terms are found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable.
Clause headings are for convenience only and do not affect the interpretation of these Terms.
These Terms do not create or infer any rights that are enforceable by any person who is not party to the Terms.
You may not assign, sub-license or otherwise transfer any of your rights and obligations in the Terms to any other person.
These Terms, its subject matter and its formation, are governed by and construed in accordance with English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. If any material on our sites, or your use of the sites, is contrary to the laws of the place where you are when you access them, the sites are not intended for you, and we ask you not to use the sites. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Thank you for visiting our site.
TERMS AND CONDITIONS OF SALE
1.1 These terms and conditions shall govern the sale and purchase of products through our website.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Sale of Goods Act 1979 or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).
2.1 In these terms and conditions:
- "we" means Fred Perry Ltd; and
- "you" means our customer or prospective customer, and "us", "our" and "your" should be construed accordingly.
3. Order process
3.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order shipment confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
3.4 You will have the opportunity to identify and correct input errors prior to making your order by modifying the content of your basket during checkout.
4.1 The following types of products are or may be available on our website from time to time: Clothing, Footwear, Accessories.
4.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
5.1 Our prices are quoted on our website.
5.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.3 Our website operates a standard product pricing policy, meaning that within currency zones customers are charged the same prices irrespective of where they live.
5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5.5 In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
6.1 You must, during the checkout process, pay the prices of the products you order.
6.2 Payments may be made by any of the permitted methods specified on our website from time to time.
6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4 If you make an unjustified credit card, debit card, PayPal, Klarna or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
- an amount equal to the amount of the charge-back;
- all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
- an administration fee of GBP 25.00 including VAT; and
- all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.
7.1 Our policies and procedures relating to the delivery of products are set out in this Section 7
7.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
7.3 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date.
7.4 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 3 working days following the later of receipt of payment and the date of the order confirmation.
7.5 We will only deliver products to the addresses listed on the delivery page of this website.
8. Distance contracts: cancellation right
8.1 This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
8.2 You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:
- beginning upon the submission of your offer; and
- ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them).
8.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
8.4 If you cancel a contract on the basis described in this Section 8, you must send the products back to us to Fred Perry Returns Department, DHL Supply Chain, Hermitage Lane, Aylesford, Kent, ME20 7PX, United Kingdom or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.
8.5 If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:
(a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and
(b) as otherwise provided in this Section 8.
8.6 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.
8.7 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
8.8 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
9. Warranties and representations
9.1 You warrant and represent to us that:
- you are legally capable of entering into binding contracts;
- you have full authority, power and capacity to agree to these terms and conditions;
- all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
- you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.
9.2 We warrant to you that:
- we have the right to sell the products that you buy;
- the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
- you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
- the products you buy will correspond to any description published on our website; and
- the products you buy will be of satisfactory quality.
9.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 11.1, all other warranties and representations are expressly excluded.
10. Breach of product warranty
10.1 If you believe that products you have purchased from us breach any of the warranties set out in Section 9.2, please contact us to discuss the issue and arrangements for the return of the products.
10.2 If products you purchase from us do not conform with the warranties set out in Section 9.2, then you will be entitled to a refund of all amounts paid in respect of those products. Alternatively and subject to availability, we may agree to supply you with replacement products, in which case we will pay the cost of delivering those replacement products to you. In either case we will reimburse you for your reasonable expenses incurred in returning the products to us.
10.3 If you return a product in contravention of these terms and conditions, and you do not have any other legal right to a refund or exchange in respect of that product:
- we will not refund the purchase price or exchange the product;
- we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and
- if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.
11. Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will:
- limit or exclude any liability for death or personal injury resulting from negligence;
- limit or exclude any liability for fraud or fraudulent misrepresentation;
- limit any liabilities in any way that is not permitted under applicable law; or
- exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
- are subject to Section 11.1; and
- govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
11.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
11.6 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of the total amount paid and payable to us under the contract.
12. Order cancellation
12.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
- you fail to pay, on time and in full, any amount due to us under the contract; or
- you commit any breach of the terms of the contract.
12.2 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
13. Consequences of order cancellation
13.1 If a contract under these terms and conditions is cancelled in accordance with Section 12:
- we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
- you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
- all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 11, 16, 17, 18, 19, 20 and 21 will survive termination and continue in effect indefinitely.
14.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
14.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
14.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
15.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
15.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions − providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
17. No waivers
17.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
17.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.
18.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
18.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19. Third party rights
19.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
19.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
20. Entire agreement
20.1 Subject to Section 11.1, these terms and conditions, together with our delivery policy and our returns policy shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
21. Law and jurisdiction
21.1 A contract under these terms and conditions shall be governed by and construed in accordance with English law.
21.2 Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
22. Statutory and regulatory disclosures
22.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
22.2 These terms and conditions are available in the English language only.
22.3 Our VAT number is GB 668 01 67 20
23. Our details
23.1 This website is owned and operated by Fred Perry Ltd
23.2 We are registered in England and Wales under registration number 3114528, and our registered office is at 14 James Street, Covent Garden, London, WC2E 8BU, England
23.3 Our principal place of business is at 14 James Street, Covent Garden, London, WC2E 8BU, England.
23.4 You can contact us by writing to the business address given above, by using our website contact form, by email to email@example.com or on UK Freephone: 0808 129 3515