Terms of Use
Last Updated on: May 27, 2025
I.
TERMS OF USE
The Site is made available to you by AM Retail Group, Inc.
and/or its affiliated entities on behalf of Icon DE Holdings LLC, and/or its
affiliated entities (“Partner Entities”). Any reference to “AMRG” “we” or “us”
shall include AM Retail Group, Inc. and its affiliated entities and the Partner
Entities.
These Terms of Use (the “Terms”) govern your use of the
website located at www.starter.com and any
other website, microsite, mobile device application, or Internet property
owned, or operated by us on which these Terms reside (collectively, the
“Site”).
This Site is intended for and applicable only for users age
18 or older. By accessing the Site in any way, including, without limitation,
browsing the Site, using any information, and/or submitting information to the
Site, you agree to and are bound by these Terms. From time to time we may update the Site and these Terms. Your use of the
Site after we post any changes to these Terms constitutes your agreement to
those changes. You agree to review these Terms periodically to ensure that you
are familiar with the most recent version. AMRG may, in its sole discretion,
and at any time, discontinue the Site or any part thereof, with or without
notice, or may prevent your use of the Site with or without notice to you. You
agree that you do not have any rights in the Site and that AMRG and the Partner
Entities will have no liability to you if the Site is discontinued or your
ability to access the Site, or any content you may have posted on the Site, is
terminated. In addition to reviewing this Agreement, please read our Privacy Policy. Your use of the Site constitutes agreement to our Privacy Policies, as
well.
a)
RIGHTS IN MATERIALS
As between you and AMRG, AMRG owns the Site, or as
applicable, has the licensing rights to operate the Site, all the content
(including, for example, audio, photographs, illustrations, graphics, other
visuals, video, copy, software, etc.) (collectively, “Content”), code, data and
materials on the Site, and the look and feel, design and organization of the
Site. This includes all intellectual property and proprietary rights in these
materials. When you use or download the Site you do not acquire any ownership
of any such Content, code, data or materials.
The Site is only for your personal, non-commercial use. You
may not make any commercial use of the Site, or any Content, code, data or materials
on the Site, unless you have received our prior written permission.
Except as we expressly permit, you may not download,
display, copy, distribute, modify, perform, transfer, create derivative works
from, sell or otherwise exploit any Content, code, data or materials on the
Site. Your failure to comply with these Terms will constitute breach of
contract and will violate the Partner Entities’ copyright, trademark and other
proprietary rights. We will enforce our intellectual property
rights to the fullest extent of the law, including by seeking criminal
prosecution.
b)
TRADEMARKS
The trademarks, logos, service marks and trade names
(collectively the "Trademarks") displayed on the Site are registered
and unregistered Trademarks of the Partner Entities (or other rights holders)
and may not be used in any manner that is likely to cause customer confusion,
or that disparages or discredits AMRG, the Partner Entities, or the applicable
rights holder. We will enforce our rights in our Trademarks
to the fullest extent of the law, including by seeking criminal
prosecution.
c)
NO LICENSE
Nothing herein shall be construed as conferring by
implication, estoppel or otherwise any license or right to use any Trademark,
copyright, or other proprietary right of AMRG or the Partner Entities.
d)
PRIVACY
AMRG collects your personal information when you use the
Site, or you may be asked to provide certain personal information with us.
Information on how we collect and use your personal information is provided in
our Privacy Policy. If you elect not to provide such information, you may not
be able to access certain content or participate in certain features of the
Site, or any features at all.
If the Site requires you to create an account or otherwise
submit information, you must complete the specified process by providing us
with current, complete, and accurate information as requested by the applicable
registration form. It is your responsibility to maintain the currency,
completeness, and accuracy of your registration data, and any loss caused by
your failure to do so is your responsibility. During the registration process,
you will be asked to enter your name and valid e-mail address and choose a
password. It is entirely your responsibility to maintain the confidentiality of
your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You
agree to notify AMRG immediately of any unauthorized use of your account. You
further agree not to email, post, or otherwise disseminate any user ID,
password, or other information which provides you access to the Site. AMRG is
not liable for any loss that you may incur as a result of
someone else using your password or account, either with or without your
knowledge, and is not responsible for any delay in shutting down your account
after you have reported a breach of security to us.
e)
USE OF THE SITE
You are responsible for your use of the Site and your
account. Our goal is to create a positive and safe experience when you and
others use Site. To promote this goal, we prohibit certain kinds of conduct
that may be harmful to other users or to us. When you use the Site, you may
not: (i) violate any law or regulation; (ii) violate
or infringe any other party’s intellectual property, privacy, publicity, or
other legal rights; (iii) transmit anything that is illegal, abusive,
harassing, harmful to reputation, pornographic, indecent, profane, obscene,
hateful, racist, or otherwise objectionable or inappropriate; (iv) make
statements or post materials that are false or misleading; (v) collect or store
personal data about other users; (vi) send unsolicited or unauthorized
advertising or commercial communications, such as spam; transmit any malicious
or unsolicited software; (vii) stalk, harass, or harm another individual;
impersonate or misrepresent your affiliation with someone else; (viii) use any
means to "scrape," "crawl," or "spider" any web
pages contained in Site (although AMRG may allow operators of public search
engines to use spiders to index materials from Site for the sole purpose of
creating publicly available searchable indices of the materials, but not caches
or archives of such materials, and AMRG reserves the right to revoke these
exceptions either generally or in specific cases); (ix) use automated methods
to send more requests to AMRG servers in a given period of time than a human
can reasonably produce in the same period by using a conventional web browser;
or (x) interfere with or disrupt the Site.
f)
TERMINATION
AMRG may change, suspend or discontinue any aspect of the Site
or the Site’s services at any time. If you violate any of these Terms, your
permission to use the Site automatically terminates.
g)
USER CONTENT
As between you and AMRG, you own and are entirely
responsible for any data, text, software, music, sound, photographs, graphics,
images, videos, messages, or other content or materials that you may submit,
transmit or otherwise make available on or through the Site (collectively,
"User Content"). All User Content is and will be considered
non-confidential and non-proprietary. You acknowledge and agree that you waive
any moral (or similar) rights that you may have in any territory in respect of
User Content, including but not limited to the right to be attributed as the
author of the User Content and the right not to have the User Content edited or
changed in a way.
You grant AMRG, the Partner Entities, and its affiliates,
representatives and assigns the right to use any or all your User Content,
anywhere in the world for an unlimited period of time,
in connection with the Site for any commercial or non-commercial purposes. We
may exercise these rights without notice to you and without paying any
compensation to you. We may modify your User Content in our discretion. AMRG is
not required to host, display, or distribute your User Content and we may
remove or edit it at any time. AMRG may cancel your account and delete all User
Content associated with your account at any time, and without notice, if AMRG
deems that you have violated these Terms, the law, or for any other reason.
AMRG assumes no liability for any information removed from the Site, and reserves the right to permanently restrict access
to the Site or a user account.
You represent that: (i) you own or
have acquired all of the rights in your User Content (including, without
limitation, all rights to the audio, video, or digital recording and the
performance contained in your User Content) necessary for you to grant to AMRG
the usage rights in your User Content as described in these Terms; (ii) you
have paid and will pay in full any financial obligations, of any kind, arising
from any use of your User Content; (iii) you are the individual pictured or
heard in your User Content, or, alternatively, you have obtained permission
from each person (including consent from parents or guardians for any
individual under the applicable age in their territory where they can legally
grant such permission themselves) who appears or is heard in your User Content
to enable you to grant the rights to AMRG described in these Terms; (iv) you will make such permissions available
to AMRG upon request; (v) your User Content does not infringe the intellectual
property rights, privacy rights, publicity rights, or any other legal rights of
any third party; and (vi) your User Content complies with these Terms.
You agree to keep all records necessary to establish that
your User Content does not violate any of the foregoing promises and to make
such records available to AMRG upon AMRG's request.
We may, but are not required to, monitor and review your
User Content.
AMRG does not endorse or control the User Content
transmitted or posted on the Site and therefore, we are not responsible for it.
We do not guarantee the accuracy, integrity, or quality of User Content and
User Content may not necessarily reflect the views of AMRG. You understand that
by using the Site, you may be exposed to User Content that is offensive,
indecent or objectionable to you. We will not be liable to you in any way for
any User Content for which we are not responsible, including, for example, for
any errors or omissions in any User Content, or for any loss or damage of any
kind experienced by you if you use or rely on any User Content made available
via the Site.
h)
FEEDBACK
If you provide us with any ideas, know-how, concepts,
techniques, comments, criticisms, reports, or other feedback other than User
Content ("Feedback"), whether oral or written, we may use them for
any purpose. We may do so without notice to you and without paying any
compensation to you. All Feedback shall be deemed the property of AMRG and the
Partner Entities, and your submission of information shall constitute an
assignment to AMRG and the Partner Entities of all rights, titles, and
interests in such information. All Feedback shall be non-confidential.
i)
DIGITAL MILLENNIUM COPYRIGHT ACT
AMRG respects the intellectual
property rights of others. Upon proper notice, AMRG will remove User Content or
other applicable content that violates copyright law and terminate the accounts
of repeat infringers. Pursuant to 17 U.S.C. § 512, AMRG has implemented
procedures for receiving written notification of claimed copyright infringement
and for processing such claims in accordance with such law. If you believe your
work has been copied in a way that constitutes copyright infringement, please
send AMRG’s copyright agent (listed below) a notification of claimed
infringement with all of the following information: (i)
identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works are covered by a single notification, a
representative list of such works; (ii) identification of the claimed
infringing material and information reasonably sufficient to permit AMRG to
locate the material on the Site; (iii) information reasonably sufficient to
permit AMRG to contact you, such as an address, telephone number, and, if
available, an e-mail address; (iv) a statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright owner,
its agent, or the law; (v) a statement by you, made under penalty of perjury,
that the above information in your notification is accurate and that you are
the copyright owner or authorized to act on the copyright owner's behalf;
(vi) and your physical or electronic
signature.
Please send all
of the information listed above to the following AMRG copyright agent:
Jodi Sarowitz
AM Retail Group, Inc.
512 Seventh Avenue
New York, NY 10018
Tel: 212-403-0500
Fax: 212-768-5887
Please do not send notices or inquiries unrelated to alleged
copyright infringement to AMRG’s designated agent.
j)
THIRD PARTY WEBSITES
AMRG makes no warranties of any kind regarding any non-AMRG operated
websites to which you may be directed or hyperlinked from the Site. Hyperlinks
are included only for your convenience, and AMRG makes no representations or
warranties with regard to the accuracy, availability,
suitability, or safety of information provided in non-AMRG sites.
k)
INDEMNIFICATION
Please note that this Indemnification section does not apply
to consumers located in New Jersey.
You will fully compensate us and our directors, officers, members, managers,
employees and agents (that is, you will indemnify and defend us and them, and
hold us and them harmless) for any and all claims, liabilities, costs and
expenses incurred as a result of a claim made by a third party, including
reasonable legal fees and costs, arising from your misuse of the Site or your
breach or violation of law or these Terms. We may, at our own expense, assume
the exclusive defense and control of any matter otherwise subject to
compensation by you, and in such case, you agree to cooperate with our defense
of such claim. This provision does not require you to indemnify AMRG for any
unconscionable commercial practice by the third party or for such party’s
fraud, deception, false promise, misrepresentation or concealment, suppression
or omission of any material fact in connection with the Site.
l)
AGREEMENT TO ARBITRATE DISPUTES AND CLASS
ACTION WAIVER
PLEASE
READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS,
INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR
CLAIMS. It contains
procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
You and
AMRG agree to arbitrate, as provided below, all Disputes between us (including
any related disputes involving AMRG or the Partner Entities), that are not
resolved informally, except disputes relating to the ownership or enforcement
of intellectual property rights. If you in any manner violated ours or the
Partner Entities’ intellectual property rights, we may bring suit in any state
or federal court in the State of New York. “Dispute” includes any
dispute, action, or other controversy, whether based on past, present, or
future events, between you and us concerning the Products (as defined below) or
these Terms, whether in contract, tort, warranty, statute, regulation, or other
legal or equitable basis. You and AMRG empower the arbitrator with the
exclusive authority to resolve any dispute relating to the interpretation,
applicability or enforceability of these Terms or the formation of this
contract, including the arbitrability of any dispute and any claim that all or
any part of these Terms are void or voidable.
In the
event of a dispute, you or AMRG must send to the other party a notice of
dispute, which is a written statement that sets forth the name, address, and
contact information of the party giving the notice, the facts giving rise to
the dispute, and the relief requested. You must send any notice of dispute to G-III
Apparel Group, Ltd., 512 Seventh Avenue, New York, NY 10018 Attention: Legal.
We will send any notice of dispute to you at the contact information we have
for you. You and AMRG will attempt to resolve a dispute through informal
negotiation within sixty (60) days from the date the notice of dispute is sent.
After that sixty (60) day period and not before, you or we may commence an
arbitration proceeding. You may instead litigate a dispute in small claims
court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you
and AMRG do not resolve a dispute by informal negotiation, the dispute shall be
resolved by binding arbitration before a neutral arbitrator whose decision will
be final except for a limited right of appeal under the U.S. Federal
Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT
BEFORE A JUDGE OR JURY. Arbitration will be administered by JAMS Mediation,
Arbitration and ADR Services (“JAMS”) in accordance with the JAMS
Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The
JAMS Rules and instructions about how to initiate an arbitration are available
at www.jamsadr.com or 1-800-352-5267. Arbitration may be conducted in person,
through the submission of documents, by phone, or online. Proceedings that
cannot be conducted through the submission of documents, by phone, or online,
will take place in either New York, NY; provided, however, that if
circumstances prevent you from traveling to New York, JAMS may hold an
in-person hearing in your hometown area. You and AMRG agree to submit to the
exclusive jurisdiction of the federal or state courts located in New York, New
York, in order to compel arbitration, to stay
proceedings pending arbitration, or to confirm, modify, vacate, or enter
judgment on the award entered by the arbitrator. The arbitrator may award
damages to you individually as a court could, including declaratory or injunctive
relief, but only to the extent required to satisfy your individual claim.
In
accordance with the JAMS Rules, the party initiating the arbitration (either
you or AMRG) is responsible for paying the filing fee. However, if the
arbitrator issues you an award of damages and: (a) that award is greater than
the amount of our last written settlement offer; or (b) if we did not make a
settlement offer, then in addition to paying for any JAMS Case Management Fees
and all professional fees for the arbitrator’s services, we will reimburse you
for the filing fees you incurred.
Except
as provided above with respect to jurisdiction New York, NY, nothing in this
arbitration provision shall be construed as consent by AMRG to the jurisdiction
of any other court with regard to disputes, claims or
controversies unrelated to the Products or these Terms.
You and
AMRG agree that any Dispute resolution proceedings will be conducted only on an
individual basis and not in a class, consolidated, collective, or
representative action. If this class action waiver is found to be void or
unenforceable, the Dispute shall be resolved in state or federal court rather
than in arbitration. You further agree that you will not be a member of any
putative or actual class in a class action brought by anyone else, nor will you
seek to become a class representative. You further agree that in any action you
initiate, any relief you seek will be confined to relief on your own behalf.
This section will survive after the Terms terminate or your use of the Site
ends.
m)
DISCLAIMER
PLEASE NOTE THAT THIS SECTION ON DISCLAIMER DOES NOT APPLY
TO CONSUMERS LOCATED IN NEW JERSEY. THE SITE ARE PROVIDED "AS
IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITIONS OF ANY
KIND, EITHER EXPRESS OR IMPLIED AND ALL SUCH WARRANTIES AND CONDITIONS ARE
DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE MAKE NO
WARRANTIES OR CONDITIONS WHATSOEVER REGARDING THE SITE, INCLUDING, WITHOUT
LIMITATION, WARRANTIES REGARDING: INFORMATION AND CONTENT AVAILABLE ON THE SITE;
UPTIME OR UNINTERRUPTED ACCESS TO THE SITE; TITLE; NON-INFRINGEMENT;
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE
SITE OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL
BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE
CORRECTED. USING THE INTERNET MAY EXPOSE YOU TO CERTAIN RISKS. WE ARE NOT
RESPONSIBLE FOR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER
PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR FROM
DOWNLOADING ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. WE
TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE, BUT IT MAY NOT BE. WE MAY CHANGE ANY OF THE
INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE
WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE
INFORMATION PROVIDED ON THE SITE. THE FOREGOING EXCLUSIONS OF EXPRESS AND
IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LOCAL LAWS. PLEASE
REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT
EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES
ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL
MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
n)
LIMITATION OF LIABILITY
PLEASE NOTE THAT THIS SECTION ON LIMITATION OF LIABILITY
DOES NOT APPLY TO CONSUMERS LOCATED IN NEW JERSEY.TO THE MAXIMUM EXTENT
PERMITTED UNDER APPLICABLE LAWS, NEITHER AMRG NOR THE PARTNER ENTITIES, NOR OUR
AFFILIATES, NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT
OR SERVICE PROVIDERS (the “Released Parties”) WILL BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM, OR DIRECTLY OR
INDIRECTLY RELATED TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT
SHALL THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, OR NEGLIGENCE)
ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS
($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES
SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY, DO NOT EXCLUDE
ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED
WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT,
RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
o)
APPLICABLE LAWS
We make no representation that materials on the Site are
appropriate, available or legal in any particular location.
Those who choose to access the Site do so on their own initiative and are
responsible for compliance with applicable local laws, if and to the extent
local laws are applicable. The validity and interpretation of these Terms and
the legal relations of the parties to it shall be governed by the laws of the
State of New York without regard to its conflict of laws principles.
p)
MISCELLANEOUS
Our failure to exercise or enforce any right or provision of
the Terms shall not constitute a waiver of such right or provision. If any
provision of the Terms is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of the Terms shall remain in full force and effect. All rights not
expressly granted herein are reserved. Both you and AMRG acknowledge and agree
that no partnership is formed and neither of you nor AMRG has the power or the
authority to obligate or bind the other. These Terms constitute a binding
agreement between you and AMRG and the Partner Entities, and
are accepted by you upon your use of the Site or your account. These Terms
constitute the entire agreement between you and AMRG regarding the use of the
Site and your account. By using the Site you represent
that you are capable of entering into a binding
agreement, and that you agree to be bound by these Terms.
Certain functionalities available on the Site may be covered
by U.S. Patent No. 5,930,474.
II.
TERMS OF SALE
PLEASE READ THESE TERMS OF SALE (THE “TERMS OF SALE”)
CAREFULLY BEFORE PLACING AN ORDER WITH US. These Terms of Sale incorporate by
reference the above Terms and our Privacy Policy, and any capitalized terms in
those agreements shall have the same meaning here. These Terms of Sale set out
the legal terms that apply to your purchase of Products (as defined below) from
AMRG.
Your purchase of any of the Starter products on the Site (the
“Products”) is subject to these Terms of Sale and by placing an order for any
Product you agree to be bound by them. Use of your personal information
submitted to or via the Site is governed by our Privacy Policy.
From time to
time we may update these Terms of Sale. Your use of
the Site and purchase of any Product after we post any changes
constitutes your agreement to those changes.
a)
ORDERS FOR PRODUCTS
You may only order Products if you are 18 years old or
older. If you place an order, you promise that you are 18 years old or older.
If you wish to purchase the Products, you may be asked to supply certain
information relevant to your transaction, including without limitation your
credit card number, the expiration date of your credit card, your billing
address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE
THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.
By submitting such information, you grant us or the third party collecting that
information on our behalf the right to provide such information to third
parties for purposes of facilitating the completion of transactions initiated
by you or on your behalf. Verification of information may be required prior to
the acknowledgment or completion of any transaction.
You agree to pay in full the prices for any purchases at the
time of your online order by using any payment means acceptable to AMRG and its
service providers, as applicable. You agree to pay all applicable taxes. If
payment is not received by us or our service providers from your credit or
debit card issuer or its agents, you agree to pay all amounts due upon demand
by us or our service providers.
b)
PRODUCT INFORMATION
We have made every effort to display our products and their
colors as accurately as possible. However, the displayed colors of the products
will depend upon the technical specifications and settings of the computer and
monitor of the user, and we do not guarantee that the actual colors of the
products will be accurately displayed on the user’s monitor. Products displayed
may be out-of-stock, discontinued or otherwise unavailable, and prices are
subject to change. We are not responsible for typographical errors regarding
price or any other matter, and we cannot guarantee that any descriptions are
totally accurate, complete, reliable or error-free. You agree that you will not
use the Products for any commercial, business or re-sale purposes.
c)
ORDERING AND AVAILABILITY
Products may be ordered by clicking on the items you wish to
purchase and then following the prompts that will appear on-screen. You may
check and correct any input errors in your order up until the point at which
you submit your order to us.
After placing an order, you will receive an email from us
acknowledging that we have received your order and giving you an order
reference number. Please note that this does not mean that your order has been
accepted. Your order constitutes an offer to us to buy a Product. All orders
are subject to acceptance by us. We are not obliged to accept your order and
may, at our discretion, decline to accept any order. You do, however,
acknowledge that by submitting an order, you enter into
an obligation to pay for the Product(s). Where we accept your order, we will
confirm such acceptance to you by sending you an email that confirms that the
Product has been dispatched (“Dispatch Confirmation”). The contract between you
and us in relation to the Product(s) ordered (“Contract”) will only be formed
when we send you the Dispatch Confirmation. After entering
into the Contract, we will be under a legal duty to supply you with
goods that are in conformity with the Contract.
The Contract will relate only to the Product(s) whose
dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged
to supply any other Product(s) which may have been part of your order until the
dispatch of such Product(s) has been confirmed in a separate Dispatch
Confirmation.
d)
DELIVERY
Please see our Shipping & Delivery policy for more information.
e)
RISK AND OWNERSHIP
The Product(s) ordered will be at your risk from the time of
delivery or collection (as the case may be). Ownership of the Product(s)
ordered will also pass to you on delivery or collection (as the case may be),
provided full payment of all sums due in respect of the Product(s), including
any delivery charges, has been received.
f)
PRICE AND PAYMENT
The price of Products is as quoted on the Site from time to
time.
Prices are subject to taxes to be paid by the purchaser,
where applicable, and do not include shipping and handling, which will be
automatically added (at the cost shown) to the total amount due when you view
the items in your shopping basket, and have selected
your chosen delivery method.
Prices and delivery costs can change at any time, but
changes will not affect orders in respect of which we have already sent you a
Dispatch Confirmation.
The Site contains a large number of
Products and it is always possible that, despite our
best efforts, some of the Products listed on the Site may be incorrectly
priced. We will normally verify prices as part of our dispatch procedures so
that, where a Product's correct price is less than our stated price, we will
charge you the lower amount. If a Product’s correct price is higher than the
price stated on the Site, we will normally, at our discretion, either contact
you for instructions before dispatching the Product, or reject your order and
notify you of such rejection.
You should be aware that online payment transactions are
subject to validation checks by your card issuer and we are not responsible if
your card issuer declines to authorize payment for any reason. We also carry
out a standard pre-authorization check on your payment card, and Products will
not be dispatched until this pre-authorization check has been completed. Please
note, it is possible that your card issuer may charge you an online handling
fee or processing fee. We are not responsible for this.
From time to time we may run
promotions where we issue discount codes, subject to the terms and conditions
under which they were issued (as indicated in our relevant promotion from which
you got the code). Discount codes can only be used once, and only during the
period of validity stated and only in respect of the relevant Product(s)
stated. Discount codes cannot be redeemed for cash.
g)
RETURN OF PRODUCTS
Please see our Return & Exchange policy for more
information.
h)
FAULTY PRODUCTS
If any Product you order is damaged or faulty when delivered
to you or has developed a fault, you may have one or more legal remedies
available to you, depending on when you make us aware of the problem, in
accordance with your legal rights. If you believe a Product was delivered
damaged or faulty or has developed a fault, you should inform us as soon as
possible, preferably in writing, giving your name, address and order reference.
Nothing in this section affects your legal rights.
To contact us with any questions or concerns in connection
with these Terms or the Site, please refer to our Contact Us page.