Terms of Purchase
PLEASE NOTE that at present the PURDEY
On-Line Store is only available in English and the Terms of Purchase are also
only in English. If You do not
understand the Terms of Purchase as written in English, You should not use this
site.
POR FAVOR TENGA EN CUENTA que en la actualidad la tienda
On-Line y las Condiciones de Compra solo estan disponibles en ingles. Si no las entrendiera en este idioma le
rogamos se abstenga de usar este servicio.
AVVERTENZA: attualmente il negozio On-Line e’ disponibile
solo in lingua inglese pertanto anche le Condizioni d’Acquisto sono espresse in
questa lingua. Chiunque
non sia in grado di comprendere suddette Condizioni d’Acquisto, non dovrebbe
utilizzare questo sito.
NOTA BENE: Momenteel is de On-Line winkel alleen
verkrijgbaar in de Engelse taal. De Koop
Voorwaarden zijn ook alleen in het Engels.
Mocht U deze Koop Voorwaarden in het Engels niet begrijpen dan raden wij
U af deze site te gebruiken.
These Terms of Purchase govern the use of
James Purdey Ltd.’s online store (“PURDEY
On-Line Store”). Any
reference to “PURDEY” is to James Purdey Ltd.
Please see below for contact details.
Any reference to “Customer”,
“You” or “Your”, means you as user of the PURDEY
On-Line Store.
James Purdey Ltd. Is a company registered on
the Register of Companies for England
and Wales,
Company No. 208758, VAT Registration No. 239061076,
And having its registered offices at:
Audley
House
57-58 South Audley Street
London
W1K
2ED
England
You are recommended to keep a copy of these
Terms of Purchase in relation to the transactions You enter into via the PURDEY
On-Line Store by printing them or saving them onto Your computer.
Welcome to the PURDEY On-Line Shop provided and
managed by James PURDEY & Sons Ltd (hereinafter referred to as
"PURDEY"), where You will find a choice of PURDEY products that have
been specially selected for those of Our Customers who would like to shop
online. From time to time, PURDEY will add and remove item(s) to ensure that
the online offer reflects seasonal variations in its collections. Whilst We
endeavour to ensure the availability of products, We cannot guarantee that all
item(s) will be in stock. Whilst much effort has gone into producing high
quality images of Our product selection, We cannot guarantee that Your computer
screen will correctly replicate the colours.
All on-line shopping transactions with PURDEY are subject to the following
Terms of Purchase ("Terms"), which contain important information
about ordering Order(s), payment and delivery. PURDEY may review these Terms
from time to time. The modified Terms
will take effect for all online Customers for Orders placed on or after the
date they are the posted on the Purdey On-Line Shop (shown at the end of these
Terms); consequently Customers should consult the Terms regularly.
- Registration and On-line Account
- Placing your Order
- Access and
Use of PURDEY's On-Line Store
- Acceptance
- Payment
- Delivery and Insurance
- Cancellations and Returns
- Gifts
- Privacy Policy
- Intellectual Property
- Liability
- Applicable Law
- REGISTRATION AND ON-LINE ACCOUNT
1.1 To place an order through the PURDEY On-Line Shop You will need to
register and open an online account. To do this, complete the registration form
at the end of the checkout process.
1.2 On registration, Customers will be
asked to choose a password and account login. Please note that Customers are
responsible for ensuring that their password and account login are kept safe
and secure at all times. PURDEY will not be held responsible for any
misuse of Your account in the event that a third party has access to Your
password and account login.
- PLACING YOUR ORDER
2.1 To place an order, You must be over 18 and lawfully capable of
entering into and forming a valid contract in accordance with applicable law.
2.2 Products
are exclusively available for sale through the PURDEY On-Line Shop to end-user
Customers only and may not be bought for re-sale. Consequently
PURDEY reserves the right to refuse orders placed by Customers who breach this
condition. Furthermore, in the event that PURDEY, at its entire discretion,
reasonably suspects that a Customer has breached this condition, the Customer's
password and account login will be cancelled and the account will be
automatically terminated.
2.2.1
In order to make purchases through the PURDEY
On-Line Shop, You will need to create an online account and You will be
requested to provide information about You as indicated so that PURDEY may
process Your Order. Interactive forms contain both mandatory fields (indicated
with an asterisk (*) and non-mandatory fields; if you choose not to complete
the mandatory fields then PURDEY may not be able to respond to your request or
activate your option choices. You represent
and warrant that the information provided by You is both valid and correct.
2.2.2
You
further represent and warrant that the data You provide will not contain any
computer viruses, macro viruses, Trojan horses, worms or anything else designed
to interfere with, interrupt or disrupt the normal operating procedures of a
computer or to surreptitiously intercept, access without authority or
expropriate any system, data or personal information; nor will such data cause
the PURDEY On-Line Store to be interrupted, damaged, rendered less efficient or
in any other way compromised such that the effectiveness or functionality of
this website is in any way impaired.
2.2.3
Once You have chosen a
product, click on the image to access the product page where information on the
item, such as prices, sizes and colour options will be displayed.
2.2.4
If You are happy with Your
choice, click on the "Add to Basket" button.
2.2.5
You can monitor the products
You have chosen by clicking on the "View Basket" button at any time.
You can also remove an article by updating the quantity of the chosen product
to zero and clicking "Update Basket".
2.2.6
When You are ready and have
reviewed Your order, proceed to "Checkout" and follow the
instructions. You will be required to enter Your payment details. When You have
completed this process, please click on the "Make Payment" button.
2.2.7
All prices shown in the PURDEY
On-Line Shop are in sterling and are inclusive of UK VAT but do not include delivery
costs. For those jurisdictions where
VAT does not apply, VAT will be deducted at the time of checkout. You may be separately responsible for taxes
in Your jurisdiction.
2.2.8
Delivery costs are not
included and will be displayed on the order form once You have completed Your
selection.
2.2.9
You should carefully check
all details prior to confirming Your order.
2.2.10
Once You have confirmed Your
order, PURDEY will issue You with a PURDEY Order Reference Number, which will
appear in Your order confirmation. Please make sure that You save this number
for reference.
2.2.11
On placing an order through
the PURDEY On-Line Shop, You are making an offer to PURDEY to purchase the
products selected in accordance with these Terms of Purchase. (Please note that
PURDEY may not always be able to accept Your offer; please see details of Acceptance below).
2.2.12
Please note that, by making
an offer to purchase merchandise, You hereby expressly authorise PURDEY and/or
its online business partners to perform the appropriate credit checks for
PURDEY and, should it appear necessary, obtain additional information required
to process Your order efficiently. Information received or sent to our business
parties may include, but is not limited to Your name, address and credit card
details. This may be necessary to authenticate Your identity, to validate Your
payment card, to obtain an initial credit card authorisation, to authorise
individual purchase transactions and deliver your order (please see Sections 5
and 6 and the Privacy Policy).
- ACCESS AND USE OF the PURDEY On-Line Shop.
3.1 The PURDEY On-Line Shop is only available to
on-line Customers who meet PURDEY’s terms of eligibility, in particular,
individuals who are over 18, have
been issued with a valid payment card by a reputable bank and who have agreed
and authorise PURDEY to process a charge or charges on their payment card in
the amount of the total purchase price for the products they choose to purchase
(see further details on Payment).
3.2
For full Terms
and Conditions of Use of the Web Site, please click here.
- ACCEPTANCE
4.1 Once Your
order has been submitted through the PURDEY On-Line Shop, PURDEY will send You
an e-mail confirming Your order. A second e-mail will be sent informing You of
the dispatch date of Your order.
4.2 Unless You
cancel Your order in accordance with PURDEY’s Cancellation Policy (see further
details on Cancellations and
Returns), acceptance of Your order and completion of the contract between You
and PURDEY will take place when PURDEY dispatch the Order(s) to You. The sale
contract is therefore concluded at that time in London, England
and the language of the contract is English.
4.3 PURDEY
reserve the right not to accept Your order. Such non-acceptance may result, for
example, from the fact that the goods ordered are out of stock or that PURDEY
are unable to obtain authorisation for payment from your credit card company or
that You do not meet the terms of eligibility as set out above or that our
courier partner is unable to deliver to your stated delivery address.
4.4 Furthermore,
We retain the express right not to process a transaction at any time before
dispatching the Order(s) to you at our sole discretion for whatever reason. In
this event, We will not be liable to You or any third party by reason of Our
withdrawing any merchandise from the PURDEY On-Line Shop, whether or not such
goods have been sold.
- PAYMENT
5.1 PURDEY
accept the following major payment cards only: American Express, MasterCard, Visa, Switch, Solo and Delta.
Payment will be debited from Your account upon receipt of Your order by PURDEY.
Debit of the payment does not mean acceptance of the offer and conclusion of
the contract, therefore your payment will be refunded if the goods are not
dispatched to you and the sale contract is not concluded. You are responsible
for confirming that You are the legitimate holder of the credit/debit card and
that Your details are correct. All credit/debit cardholders are subject to
validation checks and authorisation by the card issuer.
5.2 If the
issuer of Your payment card refuses to authorise payment to PURDEY, PURDEY will
not be able to process Your order and a message will appear informing You that
the transaction cannot be processed.
5.3 PURDEY,
together with its business partners, takes all reasonable care to make its
On-Line Shop as secure as they can. All payment card transactions made through
the PURDEY On-Line Shop are processed through HSBC using a secure online
payment gateway (see below) that encrypts Your card details in a secure hosting
environment. PURDEY do not hold Your payment card details on the PURDEY server.
5.4 To help
ensure that Your shopping experience is safe, simple and secure, Secure Socket
Layer (SSL) technology is used. This encrypts and protects the personal and
payment data You send to PURDEY over the internet. When SSL is enabled, You
will see a padlock at the bottom of Your browser and You can click on this to
find out information about the SSL digital certificate registration.
5.5
PURDEY and its e-commerce partners will employ all
reasonable care to ensure that details of Your order and payment are held
securely, however, PURDEY 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 PURDEY On-Line Shop, unless such loss is caused
by PURDEY’s gross negligence or willful act.
5.6
You are informed that HSBC may store or transmit
information relating to You within the HSBC Group through the HSBC Group's
proprietary international telecommunications network or other communications
networks. HSBC stores transactional data outside of the European Union.
Accordingly, they declare that their service will comply with all the Data
Protection legislation and where applicable the Electronic Communications
Regulations 2003 and any modifications thereof (please also refer to PURDEY’s Privacy Policy).
6
DELIVERIES
AND INSURANCE
6.1 Orders will be
dispatched and delivered using the CSM Logistics delivery service.
6.2 Orders from the
PURDEY On-Line Shop will be dispatched and delivered to the delivery address as
shown in Your Order Confirmation.
6.3 At present
PURDEY deliver to the following countries:
Europe A: United Kingdom (including Northern Ireland and the Isle of
Man), Channel Islands, Belgium, France, Germany, Ireland, Luxembourg, Netherlands,
Italy, Portugal and Spain, Denmark, Finland, Austria and Sweden, Norway and
Switzerland.
Europe B: Poland, Greece, Czech
Republic, Hungary,
Slovakia, Slovenia, Bulgaria,
Estonia and Romania, Lithuania,
Latvia.
Asia and Middle East: Bahrain
and Cambodia, China, Cyprus,
Georgia, Hong Kong and India, Israel,
Japan and Jordan, Korea
(South) and Kuwait, Lebanon and Macau,
Malaysia, Maldives, Oman
South America: Argentina,
Brazil and Chile, Colombia,
Ecuador, Guyana (Fr.) and Paraguay,
Peru, Bolivia, Suriname,
Uruguay and Venezuela.
Oceana: New Zealand
and Australia
Rest of the World: United
States of America
6.4 Orders for the countries
which are considered Europe A will usually be delivered in 2-5 working days,
countries which are considered Europe B will usually be delivered within 5-7
working days with the exception of all orders placed after 16:00 (UK time), which
will be processed on the next working day.
6.5 Orders for
countries within Asia and Middle East will usually be delivered within 7
working days with the exception of all orders placed after 16:00 (UK time),
which will be processed on the next working day.
6.6 Orders to the Rest
of the World will usually be delivered within 7 working days with the exception
of orders placed after 16:00 (UK time), which will be processed on the next
working day
6.7 However, for
more remote areas, deliveries may take 1 or 2 days longer.
6.8 PURDEY aim to
deliver all orders within 7 working days.
6.9 The Delivery
times shown above are based on our courier partner’s expected transit times but
cannot be guaranteed.
6.10
You will need to ensure that someone is present at the
given delivery address to sign for the order when it is delivered.
6.11 PURDEY insures each purchase during the time
it is in transit until it is delivered to You. You will be asked to sign for
any Order(s) delivered, at which point all responsibility and risks for Your
purchased Order(s) pass to You (subject to Your rights under the applicable
law).
6.12 PURDEY will
store a record of Your transactions for a minimum period of one year. Please
note that for Your security, PURDEY only retain records of Your transactions on
the PURDEY Web Site; Your payment card details are neither held on the PURDEY
Web Site nor on the PURDEY On-Line Shop.
7
CANCELLATIONS
AND RETURNS
7.1 Your
satisfaction is PURDEY’s number one priority.
7.1.1
Should You wish to cancel Your order or return an item
You have ordered please contact Customer Services on:
E-mail : customerservices@purdey.com
Telephone : +44 (0) 20 7408 7205
Monday to Friday, from 9.00 to 17.30 UK time.
7.1.2
A message can be left out of office hours and PURDEY’s
Customer Services will contact You at the earliest possible convenience.
7.1.3
PURDEY Customer Services will supply You with a
Returns Authorisation Form number (RAF) and full instructions. You should
retain the RAF number as a record.
7.1.4
When contacting Customer Services please quote:
7.1.4.1 Your order
reference number (please refer to Your packing note or order confirmation
e-mail);
7.1.4.2 The goods You
are cancelling or items you are returning;
7.1.4.3 Your reason(s)
for return or cancellation;
7.1.4.4 Whether You
would like a replacement or refund.
7.1.5
Our address for returns and cancellations is.
James Purdey & Sons Ltd
E-commerce Department
Audley House
57-58 South Audley Street
London
W1K 2ED
UNITED KINGDOM
7.2 Cancellations
and "cooling off" period.
7.2.1
If You wish to cancel Your order, You are entitled to
do so within fourteen (14) working days following the delivery of the Order and
obtain a full refund of the purchase price of the delivered goods. PURDEY will
arrange pick up and pay the transportation costs exclusively in the event of cancellation for the reasons as set out in
Section 7.7 below.
7.2.2
Please be aware that sometimes it will not be possible
to stop a cancelled order from being dispatched, because PURDEY endeavour to
process orders on the same day. If Your order has already been fully processed
and dispatched, please follow the returns policy.
7.3 If
You are not happy with the goods delivered You may either:
7.3.1
Cancel Your
order. In accordance with the aforementioned cancellation and "cooling
off" period. The cancellation period commences as of the date You receive
PURDEY’s e-mail acknowledging acceptance of Your order and ends on the
fourteenth day following receipt of the merchandise by You or, in the case of
gifts, the person who received them.
7.3.2
Exchange an item for a
different one.
7.4 Returns,
exchanges and cancellations
7.4.1
Other than in the event of cancellation for the
reasons as set out in Section 7.7 below, in the event of returns,
exchanges or cancellations, PURDEY require that You return any goods to us in
their original packaging in a "new and unused state" with all
original labelling attached and a copy of the invoice.
7.4.2
PLEASE NOTE:"New
and unused" means that there are no marks on the goods or any wear on
the tags. PURDEY do not sell used goods and will not accept any item with any
indication that it was used. All returned goods will be subject to a Quality
Control (QC) check on return receipt. If the returned goods do not meet QC standards
then they will be returned to the purchaser at the purchaser's cost.
7.5 All Returns,
exchanges and cancellations will only be accepted with a RAF number (please
refer to Section 7.1 above for details of how to obtain a RAF).
7.6 It is the
Customer's responsibility to ensure that any goods being returned are fully
insured whilst in transit to PURDEY.
7.7 Although PURDEY
make every effort to ensure that You receive the products ordered, please let
PURDEY know if this is not the case. PURDEY offer a free returns process using
CSM Logistics in the event that:
a.
The goods delivered are not what was ordered.
b.
The goods are flawed.
c.
The goods do not otherwise comply with any consumer
guarantees that You are entitled under the applicable law.
d.
You have changed Your mind and wish to cancel Your
order during the cooling off period outlined in Section 7.2 above (this does
not apply to orders sent as a gift please see PURDEY’s gift policy).
7.8 In all other
cases the cost of shipment and insurance of returned, cancelled or goods to be
exchanged is the responsibility of the sender and this will be at their cost.
PURDEY require that Order(s) be returned at the latest thirty (30) days
following the date of delivery of the Order(s).
7.9 Our address for
all returns is
James Purdey & Sons Ltd
E-commerce Department
Audley House
57-58 South Audley Street
London
W1K 2ED
UNITED KINGDOM
7.10
Other than in the event of cancellation for the
reasons as set out in Section 7.7 below, in the event of any failure to return
any Order(s) to us as set out in these Terms of Purchase within the stipulated
time limits, even though validly cancelled, PURDEY shall have the right to
charge any costs relating to the recovery of the goods. For further information
You can contact our Customer Services on:
E-mail : customerservices@PURDEY.com
Telephone : +44 (0) 20 7408 7205
Monday to Friday, from 9.00 to 17.30. UK time.
7.11
Subject to Section 7.7 above, refunds for all
undamaged goods returned with labels and packaging in tact which meet our QC
procedure will be credited to the original purchaser's payment and, where
applicable, VAT. PURDEY do not reimburse shipping charges and recovery costs.
7.12
Refunds to You will be made within 30 days of the date
of cancellation notice provided that the goods have been received.
7.13
PURDEY will
not issue credit notes for use through the PURDEY On-Line Shop or in PURDEY
Shops. Furthermore, Goods purchased through the PURDEY On-Line Shop cannot be
exchanged or refunded in PURDEY Shops.
8
GIFTS
8.1 If the item(s)
ordered from the PURDEY On-Line Shop is a gift and the recipient wishes, for
example, to exchange an item for a different one, he/she may return the Gift at
any time during the thirty (30) working days beginning from the day following
delivery of goods. His/her right to return the goods is subject to compliance
with the Cancellation and Returns policy outlined in Section 7 above.
8.2 The person
having received the gift may exchange the goods for other goods of the same
value or more provided that they pay the price difference together with any
additional shipping costs.
8.3 PURDEY will not
issue credit notes for gifts for use through the PURDEY On-Line Shop or in
PURDEY Shops. Furthermore, gifts that were purchased through the PURDEY On-Line
Shop cannot be exchanged or refunded in PURDEY Shops.
9
PRIVACY
POLICY
When ordering products from the PURDEY On-Line Shop, You will be asked
to provide personal information including Your name, delivery address,
telephone number, product selections as well as payment card details
"Personal Information"). Any of the Personal Information provided by
You is done so with Your knowledge, full authorisation and consent when
ordering items or registering for other services provided by PURDEY. Order and
registration forms contain both mandatory (indicated with an Asterisk (*)) and
non mandatory fields; if You choose not to complete the mandatory fields then
PURDEY may not be able to fulfil Your Order, respond to Your request or
activate Your option choices. By using
the PURDEY On-Line Shop, you agree to the capture and use of Your data in
accordance with the terms laid out in PURDEY’s Privacy Policy. For more information on PURDEY’s Privacy
Policy please click here.
10
INTELLECTUAL
PROPERTY
Material published on the PURDEY On-Line Shop is copyright PURDEY or its
licensors. All rights reserved. All third party trademarks mentioned or
displayed such as but not limited to HSBC, American Express, Visa, Mastercard,
Switch, Solo, Delta, CSM Logistics, Panerai, Richemont etc. are the property of
their respective owners. For additional information, please consult the Web
Site Terms and Conditions of Use.
11
LIABILITY
PURDEY’s total liability to You arising out
of or in connection with any act or omission of (whether occasioned by the
negligence of PURDEY or its employees or agents or otherwise) relating to the
supply of the products in Your order or their use by any consumer or other
person, will be limited to the total of sums paid by You in the relevant order
for the products in relation to which the liability has arisen; and PURDEY will
not be liable to You for any loss that could not have been reasonably expected
by You and PURDEY at the time of entering into the Terms of Purchase, any
financial loss (including any loss of income, business or profits, but
excluding the charges paid for any product from the PURDEY On-Line Shop) or any
information which is lost or corrupted arising out of or in connection with any
act or omission of PURDEY relating to the supply of the relevant products or
their use by any customer, consumer or other person. Nothing in these Terms of
Purchase shall exclude or limit the liability of PURDEY for death or personal
injury caused by its negligence, or for fraud.
Nothing in these Terms of Purchase will restrict Your statutory rights
as a consumer (more details about which can be obtained from a Trading
Standards Office or Citizen’s Advice Bureau).
12
APPLICABLE
LAW
12.1
These Terms shall be governed by and interpreted in
accordance with the laws of England
and Wales (or the laws of Scotland if the
User is domiciled there). All disputes
arising in connection with these Terms will be submitted to the exclusive
jurisdiction of the competent courts of England
and Wales unless User
chooses the jurisdiction of their domicile in Scotland
or Northern Ireland.
12.2
PURDEY reserves the right to make changes to these
Terms, notably in line with any revised legislation. Please check back from
time to time to ensure You are aware of any changes in the Terms of Purchase. The
modified Terms will take effect for Orders placed on or after the date they are
posted on the Purdey On-Line Shop (shown at the end of these Terms).
12.3
If any provision of these Terms shall be found by any
court or administrative body of competent jurisdiction to be invalid or
unenforceable, such invalidity or unenforceability shall not affect the other
provisions of the Terms which shall remain in full force and effect.
12.4
The waiver by PURDEY of a breach of any provision of
these Terms will not operate to be interpreted as a waiver of any other or
subsequent breach.
Date of Posting: March 2011