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Terms & Conditions

These are the terms and conditions for BMB Clothing Limited, trading as Ben Sherman, which is the company that sells menswear clothing & footwear to Customers via www.bensherman.co.uk. Our address is: BMB Clothing, t/a Ben Sherman, 1 Canal Wharf, Leeds, LS11 5BB, UK. Your use of the Site will be subject to these terms and by using the Site you agree to be bound by them. Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.

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.

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

WIN A TRIP TO BERLIN COMPETITION TERMS & CONDITIONS

1. No purchase necessary. A purchase will not increase your chances of winning.
2. Entrants require an Instagram account to enter.
3. The prize consists of a 2 night stay for 2 adults in Berlin, Germany.
4. Transfers to and from airports are not included.
5. The prize does not cover spending money.
6. Open to UK residents only
7. No substitution, transfer or cash redemption of prize permitted, provided however that sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason.
8. The winner cannot assign or transfer their prize to another person or business.
9. The Ben Sherman Berlin giveaway is only open to adults aged 18 and over.
10. The competition begins on 31st May 2019 until 30th June 2019.
11. HOW TO ENTER: Follow @benshermanuk on Instagram, like the competition post which will be clearly marked and tag one friend in the comments section (who also has an Instagram account)
12. SELECTION AND NOTIFICATION OF THE WINNER: The winner will be chosen at random using a 3rd party randomiser application.
13. The winner will be informed by Instagram message no later than Wednesday 3rd July 2019.
14. Ben Sherman will contact the winner to organise and book the aforementioned trip. The prize must be taken before the end of 2019.
15. Times of the prize being taken are restricted and final approval is given by the prize giver. Once the booking has been confirmed, no amendments or adjustments can be made. Please read our Privacy policy for more details
16. If the winner fails to respond this may result in forfeiture of the prize, and in such case, Ben Sherman may randomly select an alternate winner from among the remaining eligible entries.
17. By entering the competition, you are agreeing to Ben Sherman to use (without additional compensation) his or her name, address, photograph, testimonial, likeness and/or biological information for purpose of advertising and promotion (including, without limitation, posting on the Ben Sherman and affiliated website.
18. The winner may also be required to provide their full name, birth date, current address and phone number.
19. To obtain the name of the winner in this competition please visit https://www.bensherman.co.uk/customerservice#contactus and contact our customer service team after the end of the competition period.
20. Ben Sherman reserve the right to change and alter products available as prizes.
21. Ben Sherman reserve the right to withdraw this competition at any time.
22. Ben Sherman reserve the right to disqualify false entries or entries suspected of being false and to disqualify any entrant it finds to be tampering with the entry process or the operation of the competition or violating these official rules.
23. By participating in this prize draw, entrants confirm they have read, understood and agree to be bound by these terms and conditions.
24. The promoter of this competition is Ben Sherman.

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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