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TABLE OF CONTENTS

 

  1. Definitions
  2. Use of website
  3. Purchase of products
  4. Consumer contracts regulations 2013
  5. Description of products
  6. Price and Payment
  7. Delivery
  8. Shipping
  9. Return of products
  10. Third-Party Links
  11. Policy
  12. Gift Vouchers
  13. Offers
  14. Money off vouchers and promotional discounts
  15. Our liability
  16. Social media competitions
  17. Events outside our control
  18. General

 

 

TERMS AND CONDITIONS

INTRODUCTION

Welcome to the BIEN SUR PRET A PORTER (trading name of PRET A PORTER ARTISTIC PROJECTS LTD) website terms and conditions for use (“Terms”). These Terms apply to the use of this Website and by accessing this Website and/or placing an order for Products you agree to be bound by the Terms set out below. If you do not agree to be bound by these terms and conditions please do not use our Website.

Before you place an order with us, if you have any questions relating to these terms and conditions please contact our Customer Service Representatives by customer.care@biensur-pretaporter.com

You should print a copy of these Terms for future reference.

 

1. DEFINITIONS

  • Personal Information” means the details provided by you on registration;
  • Product” means a product displayed for sale on the Website;
  • We/us” means BIEN SUR PRET A PORTER;
  • Website” means the website located at https://bien-sur-pretaporter.com/ or any subsequent URL which may replace it;
  • You” means a user of this Website.

 

2. USE OF THE WEBSITE

2.1 Access – You are provided with access to this Website in accordance with these Terms and any orders placed by you must be placed strictly in accordance with these Terms.

2.2 Registration

2.2.1By registering as a user of our Website, you warrant that:

  • (a) the Personal Information which you provide when you register as a user is true, accurate, current and complete in all respects; and
  • (b) you will notify us immediately of any changes to the Personal Information by contacting our Customer Service Representatives by email.

2.2.2 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

2.3 Our rights

We reserve the right to:

  • (a) modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
  1. (b) change these Terms from time to time in accordance with the clause Our Right to Vary these Terms below. If you do not agree to such amended terms, you must stop using the Website. If you continue to use the Website you will be deemed to have accepted the amended terms.

 3. PURCHASE OF PRODUCTS

3.1 Ordering

3.1.1 By placing an order through our Website, you warrant that you are:

(a) legally capable of entering into binding contracts;

(b) at least 18 years old;

3.1.2 When placing an order you will be automatically added to our promotional emailing list. You can opt-out of promotional email activity at any time by clicking on the “unsubscribe” link at the bottom of any marketing email or by updating your Mailing Preferences when you log in to your account. It may take up to 7 days for the change to take effect. You will remain opted out of promotional email activity until you change your Mailing Preference again.

3.2 How the contract is formed between you and us

3.2.1 After placing an order, you will receive an email from us acknowledging that we have received your order. 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, and we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched/shipped (the “Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation (also termed; order shipped).

3.2.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation. Please note, (where offered) for any PayPal orders, payment is processed immediately after your order is placed.

3.2.3 Non-acceptance of an order may be a result of one of the following:

  • The Product you ordered being unavailable from stock.
  • Our inability to obtain authorisation for your payment.
  • The identification of a pricing or Product description error.
  • You not meeting the eligibility to order criteria set out in these Terms.

3.2.4 If you do require any information regarding orders you have placed with us please email us on customer.care@bien-sur-pretaporter.com

4. CONSUMER CONTRACTS REGULATIONS 2013

4.1 This legislation offers you the following cancellation rights when you buy online, by phone or order form.

4.2 You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the products. If a product in your order has been delayed, the 14 day period runs from when you receive the last product from your order.

4.3 This doesn’t affect your statutory rights if products are faulty or not as described.

4.4 If you wish to exercise your right of cancellation, you are obliged to retain possession of the products and take reasonable care of them.

4.5 We may make a deduction from the reimbursement if the value of the products has been reduced as a result of you handling the products more than was necessary.

4.6 To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, address, details of the order you wish to cancel and, where available, your phone number and email address.

4.8 You can cancel by email: customer.care@biensur-pretaporter.com

4.9 If you decide to cancel, you should return the products to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to products being cancelled.

4.10 If you choose to cancel outside the 14 day cancellation period, we will not reimburse the delivery costs.

 

5. DESCRIPTION OF PRODUCTS

5.1 We will take all reasonable care to ensure that all details, descriptions of products appearing on the Website are correct at the time when the relevant information was entered onto the system.

5.2 Every care has been taken to ensure that the description and specifications of the Products are correct. However while the colour reproduction is a close representation, a slight variation in the actual Products may occur.

5.3 We use our best efforts to provide you with the best images and descriptions but unfortunately cannot guarantee that colours and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.

 

6. PRICE AND PAYMENT

6.1 The price of any Products will be as quoted on our Website from time to time, except in cases of obvious error. These prices exclude delivery costs, which will be added to the total amount due.

6.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

6.3 Every effort has been made on this Website to ensure that shopping online is safe and secure. Our clients can shop safely on our site when placing an order, we use industry standard SSL SECURE encryption for all payments made on this site (Secure Sockets Layer, is the industry standard technology for keeping an internet connection secure and safeguarding any sensitive data). BIEN SUR PRET A PORTER cannot be responsible for the fraudulent use on our Website of a lost credit card but will assist your credit card company where necessary once you have reported the fraud to them.

6.4 Pricing and VAT outside of the UK

6.4.1 If you order Products from our Website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

6.4.2 BIEN SUR PRET A PORTER has a policy of charging all customers the same throughout the world so that the price paid in pounds sterling is the same wherever customers live (except for the cost of delivery). None of the significant additional administrative costs for overseas orders is passed on to customers. Equally, an effective reduction in prices through reclaiming VAT is not available.

6.4.3 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

6.4.4 Until further notice VAT is not applicable on our collections bought within the United Kingdom.

 

 7. DELIVERY

7.1 We deliver to most places in the world. Delivery is chargeable. The buyer shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address. We may occasionally have a campaign that provides delivery included ‘free delivery’ subject to campaign availability.

7.2 Some products are packaged and shipped separately. We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Average time for delivery may be shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order can be subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.

7.3 For stock purposes, each product requested constitutes an individual order. We will always attempt to consolidate multiple orders in one shipment. Due to stock and packaging requirements, Products may be shipped over several days and in more than one package.

7.4 Ownership of the Products will only pass to you after we receive full payment of all sums due in respect of the Products, including delivery charges and taxes, and deliver the Products to the carrier.

 

8. SHIPPING

8.1 Once you have confirmed your order, it might not be possible to edit or cancel it. If you want to change some parameters, Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications to your order, but we will do our best on a case-by-case basis. 

8.2 The risk of loss of, damage to and title for Products pass to you upon our delivery to the carrier. It shall be your responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such a case BIEN SUR PRET A PORTER will not make any refunds and will not resend the Product. For Users in the European Economic Area the risk of loss of, damage to and title for Products will pass to you when you or a third party indicated by you has acquired the physical possession of the Products.

8.3 If carrier tracking indicates that a Product was lost in transit, you or your Customer may make a written claim for the replacement of (or credit to the Member’s account for) the lost Product in compliance with BIEN SUR PRET A PORTER Return Policy below. For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date.  All such claims are subject to BIEN SUR PRET A PORTER investigation and sole discretion.

 

 

9. RETURN OF PRODUCTS

9.1 Any claims for misprinted/damaged/defective items must be submitted within 4 weeks after the product has been received. For packages lost in transit, all claims must be submitted no later than 4 weeks after the estimated delivery date. Claims deemed an error on our part are covered at our expense.

9.2 If you notice an issue on the products or anything else on the order, please send us an email at customer.care@biensur-pretaporter.com along with pictures of the order as it is received.

9.3 When we receive a returned shipment, an automated email notification will be sent to you. Unclaimed returns get donated to charity after 4 weeks.

9.4 Wrong Address – If you provide an address that is considered insufficient by the courier, the shipment will be returned to our facility. You will be liable for reshipment costs once we have confirmed an updated address with you (if and as applicable).

9.5 Unclaimed – Shipments that go unclaimed are returned to our facility and you will be liable for the cost of a reshipment to yourself (if and as applicable).

9.6 BIEN SUR PRET A PORTER does not accept returns of sealed goods which are not suitable for return due to health or hygiene reasons. You hereby agree that any returned orders that fall within this category won’t be available for reshipping and will be disposed of. If you are purchasing a product that falls within this category it will be clearly specified on the product information section located at the bottom of the product image to ensure our customer is aware of these restrictions prior to placing their order. (Transcript Mugs do not fall into this category).

9.7 We do not refund orders for buyer’s remorse. Returns for products, such as size exchanges can only be offered at the customers expense solely.

9.8 Notification for EU consumers: According to Article 16(c) and (e) of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the right of withdrawal may not be provided for:

9.8.1 The supply of goods that are made to the consumer’s specifications or are clearly personalized;

9.8.2 sealed goods which were unsealed after delivery and thus aren’t suitable for return due to health protection or hygiene reasons,

9.8.3 therefore BIEN SUR PRET A PORTER reserves rights to refuse returns at its sole discretion.

9.9 This Policy shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.

 

10. THIRD-PARTY LINKS

Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed any of these third-party websites and do not control and we are not responsible for these websites or their content or availability. We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.

 

11. PRIVACY

We process information about you in accordance with our privacy policy, which can be found on our privacy policy page. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate. 

If you telephone one of our customer service representatives, we may keep a recording of that call for training purposes.

 

12. BIEN SUR PRET A PORTER GIFT VOUCHERS

12.1 Gift vouchers may not be exchanged for cash.

12.2 For the Products purchased online, if the total value is less than the value of the gift voucher, any balance will remain as credit against your gift voucher and you can redeem it on https://bien-sur-pretaporter.com/. You can check the balance on your paper or email gift voucher on our website https://bien-sur-pretaporter.com/ and will be redeemed against subsequent orders.

12.3 Gift vouchers may not be used to discharge indebtedness on any account issued by BIEN SUR PRET A PORTER.

12. 4 When redeeming gift vouchers online, you will be required to give the serial number of the voucher.

 

13. OFFERS

13.1 Multi-buy offers only apply to those products to which the multi-buy offer applies and are clearly displayed as such.

13.2 Multi-buy offers are not valid when used in conjunction with any other promotions.

13.3 The multi-buy offers do not include gift wrapping, postage or customisation, which are charged in addition to the price of the Products.

13.4 If any Products which form part of a multi-buy offer are returned to us for a refund, you will be refunded the full price of that product less the total discount given in the offer. If any Products which form part of a multi-buy offer are returned for exchange with a product not included in the same multi-buy offer, you will be charged the difference between the discounted price and the full price product.

13.5 Please note that products in the clearance (last chance) section of our Website have already been heavily discounted and cannot be bought in conjunction with any other offer, apart from the multi-buy offers.

13.6 Please note the multi-buy offers can only be applied up to three times per order.

 

14. MONEY OFF VOUCHERS AND PROMOTIONAL DISCOUNTS

14.1 Money-off vouchers and voucher codes are not exchangeable for cash and can only be used once per transaction. Money-off vouchers and voucher codes cannot be used to purchase gift vouchers.

14.2 Money-off vouchers and voucher codes cannot be used in conjunction with any other voucher or voucher code.

14.4 Discounts and promotional discount codes offered by the Website are valid only for use as part of a purchase made via the Website, unless otherwise stated.

14.5 If you return to us for a refund a Product which has been purchased with a money-off voucher, we will refund to you the full price of that product less the value of the voucher used.

14.6 Money-off vouchers and promotional discount codes cannot be used towards alterations and delivery charges.

14.7 Paypal as a method of payment is not accepted if the customer is using a money off voucher, a groupon or living social voucher or a gift voucher.

 

15. PRIZE DRAWS

We also operate prize draws from time to time which are governed by relevant terms and conditions.

 

16. OUR LIABILITY

16.1 We warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

16.2 We will not accept responsibility for a failure to comply with specific care instructions stated in the Product or within the Product’s packaging.

16.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

16.4 This does not include or limit in any way our liability;

  • (a) for death or personal injury caused by our negligence;
  • (b) under section 2(3) of the Consumer Protection Act 1987;
  • (c) for fraud or fraudulent misrepresentation; or
  • (d) for any matter for which it would be illegal for us to exclude, or attempt to exclude our liability.

16.7 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

  • (a) loss of income or revenue;
  • (b) loss of business;
  • (c) loss of profits or contracts;
  • (d) loss of anticipated savings;
  • (e) loss of data; or
  • (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this clause 16.7 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 16.1 or clause 16.3 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 16.7.

16.8 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

 

 17. SOCIAL MEDIA COMPETITIONS

17.1 The promoter is: BIEN SUR PRET A PORTER – London.

17.2 The competition is open to anyone aged 19 years or over, with the exception of employees of BIEN SUR PRET A PORTER and their close relatives and anyone otherwise connected with the organisation or judging of the competition.

17.3 There is no entry fee and no purchase necessary to enter this competition.

17.4 By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.

17.5 Route to entry for the competition and details of how to enter are via Facebook / Twitter / Instagram.

17.6 Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.

17.7 Closing date for entry will be 7 days after the post, after which no further entries to the competition will be permitted.

17.8 No responsibility can be accepted for entries not received for whatever reason.

17.9 The rules of the competition and how to enter are as follows: Participants must answer the following question correctly to be in with chance of winning: Answers are submitted in the form of a comment on the relevant Facebook, Twitter or Instagram post, and then a winner is chosen at random.

17.10The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation, or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.

17.11 The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.

17.12 The prize is as stated on the competition post, and no cash or other alternatives will be offered. Prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.

17.13 Winners will be chosen: At random by the team, from all entries received and verified by the BIEN SUR PRET A PORTER marketing team.

17.14 The winner will be notified by email and/or DM on Twitter/Facebook/Instagram and/or letter within 28 days of the closing date. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.

17.15 The promoter will notify the winner when and where the prize can be collected/is delivered.

17.16 The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

17.17 The competition and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.

17.18 The winner agrees to the use of his/her name and image in any publicity material for the competition, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current EU data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

17.19 This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram or any other social network. You are providing your information to BIEN SUR PRET A PORTER and not to any other party.

 

 18. EVENTS OUTSIDE OUR CONTROL

18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • (a) strikes, lock-outs or other industrial action;
  • (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • (e) impossibility of the use of public or private telecommunications networks; and
  • (f) the acts, decrees, legislation, regulations or restrictions of any government.

18.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

19. GENERAL

19.1 Intellectual property and right to use

19.1.1 Unless otherwise stated, the copyright and other intellectual property rights in the content on the Website are owned by us or our licensors. Any access or use of the Website for any reason other than your personal, non-commercial use is prohibited.

19.1.2 No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or Website without our prior written permission.

19.1.3 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase of Product(s)) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited.

19.1.4 You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

19.2 Compliance with law

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

19.3 Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

19.4 Notices

All notices given by you to us must be given to BIEN SURE PRET A PORTER of London customer.care@bien-sur-pretaporter.com. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

19.5 Transfer of rights and obligations

19.5.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

19.5.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

19.5.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

19.6 Severance

If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms.

19.7 Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

19.8 Entire Agreement

We intend to rely upon these Terms and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

19.20 Our Right to Vary these Terms

We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions unless you notify us to the contrary within seven working days of receipt by you of the Products).

19.21 Law

These Terms and the Contracts shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England. Any dispute or claim arising out of or in connection with the Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.