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Terms & Conditions

Products available for sale on this website (Products) are subject to these terms and conditions. By placing an order for Products on this website you agree to be bound by these terms and conditions. We reserve the right to change these terms and conditions at any time, and you are bound by the version available on the site at the date of placing your order. Your statutory rights are not affected by these terms and conditions. These terms and conditions include our privacy policy and the information on our help page.

Your Representations

You promise that you are at least 18 years old and have the legal right and ability to enter into this agreement and to use any debit or credit card used to purchase the Products. You also promise that all information you have provided is accurate and true. You authorise us to perform validation checks and authorisation with the card issuer.

Indemnity

You agree to fully indemnify us, our officers, employees, agents and suppliers, immediately on demand, from and against all claims, liability, damages, losses, costs and expenses arising out of any breach by you of these terms and conditions or by your use of this website, or the use of any other person accessing this website using your shopping account or your personal information.

Prices

All prices stated on the website are inclusive of VAT where applicable, but exclusive of shipping charges, unless we tell you otherwise. Prices and availability of Products may be changed at any time without notice. The price at which you agree to purchase the Products is the price stated on this website at the time you place your order. Prices in our retail stores and outlets may be different to the prices shown on this website.

Colours

We make every effort to ensure that the images of the Products on our website are accurate. However because of differences between monitors the colour you see of the Product may not accurately reflect its true colour.

Orders

We will take all reasonable steps to ensure that your credit or debit card information (Confidential Information) is kept secure. However unless we have been negligent, we are not liable for any losses arising from unauthorised access by a third party to your Confidential Information.

Acceptance

Once you have placed an order on this website, we will send you an email confirming receipt of the order you have sent. We will not accept the order and complete the contract until we despatch the Products ordered. If there is a problem with your order, eg a problem with your credit card or we do not have the Products ordered in stock, and we cannot accept the contract, we will tell you by email.

Payment

Where payment is made by credit or debit card, you authorise us to debit your card with the total cost of the Products selected including VAT and delivery charges. Any refunds made in respect of returns or cancellations will be made to the same card. Where payment has not been made in full, we may cancel your order and/or suspend any further deliveries to you.

Liability

We are not liable for loss of profits, loss of business or other consequential, special or indirect loss, costs, expenses or other claims for compensation, whether caused by our negligence or not, arising out of or in connection with the Products or their use or resale by you. We are not liable to pay you any compensation other than a refund equal to the price of the Products that you have paid us for.

This clause is not intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence. The risk of damage or loss of the Products passes to you when delivery is made. Delivery is made at the time we leave the Products at the address specified by you. We cannot accept any claims beyond this point. All implied warranties and undertakings are excluded to the maximum extent permitted by law.

Care Instructions

Where a product has care instructions, you must follow these instructions. We are not liable for any loss or damage in the event that the instructions have not been followed.

Competitions and Prize Draws

BEN SHERMAN SPITFIRES PRIZE DRAW

1. This prize draw is promoted by Ben Sherman (“Ben Sherman”), BMB Clothing Ltd, Granary Building, 1 Canal Wharf, Leeds, LS11 5BB
2. The Prize Draw is open to all save for employees of Ben Sherman, a division of BMB Clothing Ltd (“Promoter”) and their associated, affiliated or subsidiary companies, and their families, agents, or anyone connected with this Prize Draw.
4. How to enter: complete the entry form located at www.bensherman.co.uk/spitfires, and sign up for the Ben Sherman newsletter which you can opt-out of at any time.
6. The opening date for entries is 18.01.2018. The closing date for entries is 02.02.18, at 23:59 p.m. No entries received after this date will be accepted.
7. No purchase necessary.
9. The prize is: 4 pieces of Ben Sherman Clothing from a selection of product selected by Ben Sherman and The Spitfires.
12. The winner of the Prize Draw will be drawn randomly from all eligible entries on 03.12.17 All reasonable endeavours will be made to contact the winner following this time via the email address they have submitted. If a winner cannot be contacted within 48 hours from initial contact on the email address supplied by the entrant with their entry, the Promoter reserves the right to select another entrant.
13. There is no other alternative to the prizes stated and the prizes are not transferable and no part or parts of the prize may be substituted for other benefits, cash, items or additions.
15. All entrants are expected to act fairly and in the good spirit of the prize draw. Ben Sherman reserves the right to investigate any irregularities and disqualify entrants at its absolute discretion.
16. Any entry form containing incorrect, false or unreadable information will be rejected. Any applications made on behalf of or for another person or multiple entries will not be included in the prize draw.
17. Ben Sherman’s decision as to who has won the prize draw shall be final.
18. To obtain details of the prize winner after the closing date, please send a SAE to ‘Spitfires giveaway’ Ben Sherman Marketing at the address above.
19. The entry instructions are part of the Terms and Conditions for this prize draw.
20. By entering the prize draw you are agreeing to accept these Terms and Conditions. Any breach of these Terms and Conditions by you will mean that your entry will not be valid, and you will not be allowed to enter this prize draw.
21. By entering this prize draw you are agreeing that, if you win, your name and entry may be a) used for the purpose of announcing the winner and/or distributed to individuals who request details of the winner and/or b) in any related publicity by Ben Sherman, without additional payment or permission.
22. Any personal information you give us will not be passed on to any other parties without your agreement. Ben Sherman’ privacy policy can be found at [add location of UK policy].
24. Ben Sherman will not be responsible unless required by law, for any loss, changes, costs or expenses, which may arise in connection with this prize draw and its promotion and Ben Sherman can cancel or alter the prize draw at any stage.
25. Any dispute relating to the prize draw shall be governed by the laws of England and Wales and will be subject to the exclusive jurisdiction of the English courts.

Trademarks

All trademarks, brand names, copyrights, Product names and trade names are the property of their respective owners and we do not authorise any use which infringes those rights. Subject to this, you may view, print and download from our website for personal use only. Any other use of information or materials on this website is strictly forbidden without obtaining our written agreement first.

Errors and Omissions

We have made every effort to ensure that the information on this website and in any documentation we may send you (“Information”) is accurate. However we do not make any promises about the Information and we are not liable for any loss or damage, whether direct, indirect or consequential, which may happen as a result of relying on the Information, except where we are not allowed by law to exclude our liability.

Force Majeure

We are not liable to you for any failure or delay to supply or deliver or for any damage or defect to the Products that is caused by any event or circumstance beyond our reasonable control.

General

If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you), the validity, legality or enforceability of any other part of these conditions will not be affected. This agreement is governed by English law.

We do not give any contractual rights to third parties, and the Contracts (Rights of Third Parties) Act 1999 will not apply to any contract between us.

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