Pentland Brands Limited
Company Registration Number: 09820760
Company Registration Address: 8 Manchester Square, London, W1U 3PH, UK
V.A.T Registration Number: GB 231 0451 211
Registered in England
BERGHAUS and the Coloured Block Device are registered trade marks owned by Berghaus Limited
BOXFRESH and the Teardrop Device are registered trade marks owned by Boxfresh International Limited
BUTTERFLY TWIST is a registered trade mark owned by Siena Black Limited
CANTERBURY and the CCC Device are registered trade marks owned by Canterbury Limited
ELLESSE and the Semipalla Device are registered trade marks owned by and used under licence from Ellesse International Spa
ENDURA and the Arrow Logo Device are registered trade marks owned by Endura Limited
HEIDI KLEIN and the Tree Device are registered trade marks owned by Heidi Klein Limited
HUNTER is a registered trade mark owned by Hunter Boot Limited
KangaROOS and the KangaROOS Device are registered trade marks owned by and used under licence from Asco Group Limited
KICKERS is a registered trade mark owned and used under licence from Kickers International B.V.
LACOSTE and the Alligator Device are registered trade marks owned by and used under licence from Lacoste SA
MITRE, the M Device, the Delta Device and the Comet Device are registered trade marks owned by Mitre Sports International Limited
RED OR DEAD and the R Device are registered trade marks owned by Red or Dead Limited
SEAVEES is the registered trade mark owned by Seavees Inc
SPEEDO and the Arrow Device are registered trade marks owned and used under licence from Speedo Holdings B.V.
TED BAKER is a registered trade mark owned and used under licence from Ted Baker Limited
TRACKSMITH and the Hare Device are registered trade marks owned by the Tracksmith Corporation
Terms & Conditions
This website is brought to you by Pentland Brands Limited (“Pentland Brands”), and all rights, including copyright, in the content of these Pentland Brands web pages are owned and controlled by Pentland Brands.
If you have any comments or queries relating to this website, please contact us at email@example.com
You (“the User”) are invited to use the Pentland Brands Website (“the Website”) on the basis of the terms and conditions of use set out below.
- By entering the Website and using the Features you are deemed to have read and accepted these Term of Use. If you do not accept these Term of Use or any part of them, you should not enter or use the Website.
The Website currently makes the following features available to the User Text Messaging, e-postcards, video clips, downloading of screensavers, desktops and soundsets (“the Features”).
- Before using the Features, the User must register with Pentland Brands by submitting the Registration Form. Upon registration, Pentland Brands will issue each User with a unique password. This password allows the User to access the Features.
- The User is solely responsible for maintaining the security and confidentiality of the password and must not reveal it to any unauthorised third party.
- If the password is lost or becomes known to an unauthorised third party, the User must notify the Moderator as soon as possible. Pentland Brands will disable the original password and issue a replacement.
Misuse of Features
- In providing the Text Messaging and e-Postcard Features, Pentland Brands’ role is limited to enabling the relevant communications to take place. Pentland Brands does not monitor material disseminated by Users through these features. Pentland Brands does not monitor or confirm the identity or age of the User.
- The User agrees to use the Feature in good faith and in the spirit in which it is made available to Users and in particular the User agrees:
- not to send or resend any content which is obscene or vulgar, offensive, abusive, harmful, threatening, libellous, defamatory, invasive of another’s privacy, racially or ethically or religiously insulting or otherwise unlawful; and
- not to use the Feature for any purpose that is illegal or which is or may be damaging to the rights or interests of any User or other party.
- If the User or any other party has any issues or concerns with the content of any communications generated via the Website, they should contact the Moderator as soon as possible.
- In the event that Pentland Brands is informed or has any reason to believe that the Feature is being used by a User other than in accordance with these Terms, Pentland Brands may in its sole discretion suspend or permanently prevent access by the User to the Feature and shall have no liability to the User whatsoever in such event.
Website Content – Accuracy and Permitted Use
- Pentland Brands makes every effort to ensure that the content of the Website is accurate and up-to-date, but Pentland Brands does not offer any warranties (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Website.
- Pentland Brands may remove material or Features from the Website at its own discretion and without any notice.
- You are permitted to use the material which is displayed on the Website from time to time only as expressly authorised by Pentland Brands.
- his website is intended to provide information relating to Pentland Brands products and is designed for personal, non-commercial use only.
- Users may not use this Website, or any of the material appearing on the Website from time to time to further any commercial purpose, including (but not limited to) advertising or to promote or encourage traffic to any other website.
Intellectual Property Rights
- You acknowledge and agree that all copyright, rights in data, databases, trade marks, names, images, logos and other intellectual property rights in the Website content, software and all HTML and other code involved in this Website (“Intellectual Property Rights”), shall remain at all times vested in Pentland Brands and is protected by copyright and other laws and international treaty provisions.
- Users may not, other than in accordance with these Terms, modify, copy, distribute, transmit, display, redistribute, reproduce, publish, license, show or play in public, download, commercially exploit, create derivative works from, transfer, or sell in whole or in part, the Website or any of the Intellectual Property Rights relating thereto, without first obtaining written permission from Pentland Brands to do so.
- All trade marks appearing on the Website are owned by Pentland Brands or our affiliates and nothing contained in this Website shall be construed as conferring by implication or otherwise any licence or right to use any of the Intellectual Property Rights displayed or subsisting on or in this Website other than in accordance with these Terms.
Limitation of Liability
- The internet is by its nature an unreliable medium. Consequently, you accept that this Website is offered on an “as is” and “as available” basis.
- While Pentland Brands takes all reasonable steps to ensure that the Website is properly functioning at all times, Pentland Brands does not warrant that this Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of software viruses or bugs or other defects.
- Pentland Brands has no control over, and disclaims all responsibility for, any content you encounter, or events which may occur as a result of your use of the Features and Pentland Brands shall not be liable for any damages or other losses of any type whatsoever incurred by you as a result of your use of the Website or the Features.
- These terms and your use of this Website shall be governed by and construed in accordance with English law.
- By accepting these Terms and using the Website or the Features, you accept that any dispute under these Terms or arising out of use of this Website shall be subject to the exclusive jurisdiction of the English courts and by using this Website you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
- This Website is not intended for use of access by any person or company in any jurisdiction other than England and Wales. Those who choose to use or access this Website from other jurisdictions do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent any local laws are applicable.
What do I agree to by entering the Website?
You are invited to use the Website on the basis of these Terms and Conditions.
By entering the Website and using its Features (as defined below) you are deemed to have read and accepted these Terms and Conditions. If you do not accept these Terms and Conditions or any part of them, you should not enter or use the Website.
Pentland Brands may modify or update these Terms and Conditions from time to time. If you continue to use this Website after any changes, this means you agree to be bound by the modified Terms and Conditions.
If we do make a change to the Terms and Conditions we will post it at the top of this page, together with the date of the change, so you can easily find it.
These Terms and Conditions regarding your use of the Website constitute a legally binding agreement between you and Pentland Brands.
These Terms and Conditions will remain in full force and effect as long as you are a user of the Website and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms and Conditions and any additional terms or rules featured in the Website, including any indemnities, warranties and limitations of liability.
We reserve the right to refuse access to the Website, terminate accounts and to remove or edit content at our sole discretion.
We may require you to have a unique user name and password combination in order to access and use certain features or functions of the Website and may also, from time to time, provide you with additional codes or passwords necessary to access and use certain features or functions of the Website. As part of the registration process for the feature or function, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.
The Website offers branded products for sale to you in accordance with the Agreement we have in place with you (the “Products”). Any purchases made by you are subject to our Business Terms and Conditions of Sale.
Permitted Use of the Website
You agree to use the Features in this Website in good faith and in the spirit in which they are made available to you. In particular you must not:
- upload, send or resend any content which is obscene or vulgar, offensive, abusive, harmful, threatening, libellous, defamatory, invasive of another's privacy, racially or ethically or religiously insulting or otherwise unlawful; or is in breach of copyright, trade mark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of, or contains, software viruses, commercial solicitation, chain letters, mass mailings or any 'spam';
- use the Website, including the Features, for any fraudulent purposes or in connection with a criminal offence or other illegal activity, or that which is or may be damaging to the rights or interests of any other user of the Website or other party;
- use the Website in any way that breaches any applicable local, national or international law or regulation;
- send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
- transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of Website use;
- Not to access without authority, interfere with, damage or disrupt;
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
If you or any other party has any issues or concerns with the content of any communications generated via the Website, you should contact the website moderator as soon as possible at the address shown above.
This Website is provided on an “as is” and “as available” basis. Pentland Brands makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. It is expressly agreed by you that your use of this Website is at your sole risk. If Pentland Brands is informed or has any reason to believe that any of the Features on our Website are being used by a user other than in accordance with these Terms and Conditions, Pentland Brands reserves the right to suspend or permanently prevent access by that user to the Features and shall have no liability to the user whatsoever in such event.
Sending Us Material
Whenever you make use of a feature that allows you to upload material such as ideas, opinions, suggestions, mini-polls, surveys, videos, pictures or anything else (the “Material”) to our site, you must comply with the content standards set out in our Permitted Use policy as set out in paragraph 4 above. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, create derivative works from, distribute and disclose to third parties any such material for any purpose. By submitting Material to this Website you warrant that you have the right to make it available to Pentland Brands the Material is not defamatory and the Material does not infringe any law or rights or interests of any third party in any country of the world, in particular that the Material does not plagiarise or infringe on the rights of third parties including copyright, trade mark, trade secret, privacy, personal publicity or proprietary rights in accordance with our Permitted Use policy as set out in paragraph 4 above. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Permitted Use policy as set out in paragraph 4 above.
You agree to indemnify Pentland Brands against all legal fees, damages and other expenses that may be incurred by Pentland Brands as a result of your breach of the above warranty. You also agree to waive any moral rights in the Material for the purposes of its submission to and publication on the Website and the other purposes specified above.
Please also refer to our promotional Terms and Conditions for any special terms which apply to competition entries.
Licence for Website Access
Pentland Brands grants you a limited licence to access and make use of this Website. The licence does not allow you to download (other than where specifically indicated or for the purpose of page caching) or modify it, or any portion of it, except with our express written consent. For the avoidance of doubt, you may download imagery and product lists in accordance with the terms of the agreement we have in place with you.
This licence does not include any resale or commercial use of this Website or its contents; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
Website Content – Accuracy and Permitted Use
RELIANCE ON INFORMATION POSTED
Pentland Brands makes every effort to ensure that the content of the Website is accurate and up-to-date, but Pentland Brands does not offer any warranties (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Website. Pentland Brands disclaims all liability and responsibility arising from any reliance placed upon the content of the Website by any visitor to the Website, or by anyone who may be informed of any of the contents of the Website.
Pentland Brands does not verify, endorse, or have any responsibility for any third party websites, their business practices, or any goods or services associated with or obtained in connection with any such website which is linked to or from this website. For the avoidance of doubt, Pentland Brands is not responsible for the content in any such third party website.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of our permitted use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our Business Terms and Conditions of Sale.
CHANGES TO THE PERMITTED USE POLICY
We may revise our permitted use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Intellectual Property Rights
You acknowledge and agree that all copyright, rights in data, databases, trade marks, names, images, designs, logos and other intellectual property rights in the Website software, content, compilation of such content included on the Website such as text, graphics, logos, button icons and images, and all HTML and other code involved in this Website (“Intellectual Property Rights”), shall remain at all times vested in Pentland Brands or its subsidiaries, its affiliates or its content suppliers and that these are protected by UK, European and International copyright and database right laws other laws and international treaty provisions.
You may not, other than in accordance with these Terms and Conditions, modify, copy, distribute, transmit, display, redistribute, transfer, or sell in whole or in part, the Website or any of the Intellectual Property Rights relating thereto, or use any logo or trade mark which is featured on the Website or other proprietary graphic or trade mark as part of the link without our express written consent. You may not frame or use similar techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout, or form) of Pentland Brands and its affiliates. You may not use any meta tags or any other 'hidden text' utilising Pentland Brands or its affiliates' names or trade marks. Any unauthorised use shall terminate the permission or license granted by Pentland Brands.
All trade marks appearing on the Website are used by Pentland Brands with permission from the relevant trade mark owners. Nothing contained in this Website shall be construed as conferring by implication or otherwise any licence or right to use any of the Intellectual Property Rights displayed or subsisting on or in this Website other than in accordance with these Terms and Conditions.
Viruses, Hacking and Other Offences
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
Disclaimer and Limitation of Liability
The Internet is by its nature an unreliable medium. Consequently, you accept that this Website is offered on an “as is” and “as available” basis.
We will do our utmost to ensure uninterrupted availability of the Website and that transmissions will be without errors. However, due to the nature of the Internet, this cannot be guaranteed. Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
While Pentland Brands takes all reasonable steps to ensure that the Website is accurate and up-to-date, and properly functioning at all times, Pentland Brands does not offer any representations or warranties of any kind (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the Website; the information, content, materials, or products included on this Website; that your access to the Website will be uninterrupted, timely, secure or error-free; that defects will be corrected; or that this Website, e-mails sent by us or the server that makes the Website available are free of software viruses or bugs or other harmful components or defects.
Pentland Brands has no control over, and disclaims all responsibility for, any content you encounter, or events which may occur as a result of your use of the Features and Pentland Brands shall not be liable for any damages or other losses of any type whatsoever incurred by you as a result of your use of the Website or the Features.
Pentland Brands does not exclude liability for death or personal injury. However, by accepting these Terms and Conditions and using the Website, you accept that Pentland Brands cannot be liable to you for any loss or damage you suffer as a result of visiting this Website or making use of the Features or information available on the Website. You must take your own precautions (including but not limited to installing adequate protective measures to guard against software viruses and ensuring that you retain up-to-date copies of all data) to protect yourself against loss or damage.
Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our Website, policies, and these Terms and Conditions at any time. Your use of the Website will be subject to the policies and Terms and Conditions in force at the time that you use the Website, unless any change to those policies or these conditions is required to be made by law or government authority. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.
Events beyond our Reasonable Control
Pentland Brands will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing Law and Jurisdiction
These terms and your use of this Website shall be governed by and construed in accordance with English Law.
By accepting these Terms and Conditions and using the Website, you accept that any dispute under these Terms and Conditions or arising out of use of this Website shall be subject to the exclusive jurisdiction of the English courts and by using this Website you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
Those persons outside England and Wales who choose to use or access this Website from their own jurisdictions do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent any local laws are applicable.
www.pentlandconnect.com is owned by Pentland Brands Limited, The Pentland Centre, Squires Lane, London N3 2QL, England. Our Company Registration Number is 1912919 and our registered office address is at 8 Manchester Square, London W1U 3PH.
©2018 Pentland Brands Limited. All Rights Reserved.
Business Terms and Conditions of Sale
Welcome to www.pentlandconnect.com (the "Website"). This Website is brought to you by Pentland Brands Limited (the "Company") and all rights, including copyright, in the content of the website is owned or controlled by the Company.
The Company and its affiliates provide access to the Website subject to the Terms and Conditions set out herein.
All business is carried on subject to the following terms and conditions (“Terms”), except as varied by specific written agreement of the Company. By placing any order with the Company the customer shall be deemed to have agreed to and accepted these Terms. In these Terms “Contract” means the contract for the supply of Goods formed by the Company’s acceptance of the customer’s order.
Terms and Conditions of Sale
- Your Account
1.1. You are responsible for maintaining the confidentiality of your account and password and for restricting access to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
1.2. Please ensure that the details you provide us with are correct and complete, and inform us immediately of any changes to the information that you provided when you registered.
1.3. The Website only sells products to those who can purchase with a credit/debit card or via their customer account with the Company where this has been separately agreed in advance with the Company.
1.4. The Company reserves the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at its discretion. If we cancel an order, it will be without charge to you.
- Our Contract
2.1. No order will be binding upon the Company unless and until accepted by the Company in writing or by delivery of any goods the subject of the order (“Goods”).
2.2. Orders are accepted only on the basis that these Terms (or varied as aforesaid) apply to the order. Accordingly any terms endorsed on or contained or referred to in any customer’s order or confirmation or otherwise communicated to the Company which are inconsistent with these Terms and are not specifically agreed to in writing by the Company, shall be deemed to be superseded and nullified by these Terms.
2.3. The Company reserves the right to amend any accidental error or omission on quotations, order acknowledgements, invoices or credit notes.
2.4. Although all delivery dates stated by the Company are given in good faith and all reasonable efforts will be made to adhere to them, the Company accepts no liability for any failure to comply with such dates by reason of any cause beyond the Company’s reasonable control. Time of delivery shall not be of the essence.
2.5. The Company shall be entitled to make partial deliveries and failure to deliver part only of any order shall not entitle the customer to reject the Goods.
2.6. If the customer fails to take delivery of the Goods on the date of delivery, the Company shall, without prejudice to its other rights, be entitled to store the Goods at the customer’s risk and the customer shall pay all storage and additional carriage costs incurred.
2.7. Whilst every effort will be made to supply Goods in accordance with samples and/or agreed specifications the Company reserves the right to modify specifications, designs and materials where such modifications do not materially affect the quality or fitness for purpose of the Goods or to comply with any applicable standards or legal requirements.
2.8. Unless otherwise notified to the customer, Goods will be invoiced at the price stipulated in the Company’s published price list current at the date of the acceptance of the order. In the case of an order for delivery by instalments each instalment shall be invoiced at the price stipulated in the Company’s published price list at the date of despatch of such instalment. Such prices are exclusive of VAT.
2.9. Carriage to the customer’s single UK address shall be charged at the rates prevailing and advised to the customer from time to time or as advised on order. Carriage to customer’s multiple addresses or to third party addresses shall be agreed upon prior to delivery, and shall be charged as advised from time to time by the Company to the customer. An additional ten pounds (£10) carriage shall be charged on all orders of invoice value less than one hundred pounds (£100) (excluding VAT) or of such value or quantities as notified by the Company to the customer from time to time.
2.10. Special designs of socks as well as goods printed or numbered may not be combined in value with stock items to form part of a carriage paid order. Special sock designs, printed, numbered & short-sleeved garments will be subject to a separate carriage charge if those goods do not exceed the carriage paid value applicable. Special orders may yield a small excess quantity to guard against rejects in production. Such overmakes will be charged at half price.
2.11. Unless otherwise agreed, the Company shall invoice the Goods on or after despatch of the Goods. The Company shall be entitled to invoice each instalment as and when each instalment is despatched. Payment of all sums shall be made in sterling and is due by the last day of the month following the month of invoice unless otherwise advised. The Company may sue for any monies outstanding beyond this date even if property in any relevant Goods has not passed to the customer. Where offered, terms for taking advantage of early settlement discounts are stated on each invoice and will be tightly enforced.
2.12. If any payment is not made in full by the due date then, without affecting any other right which it may have, the Company may deduct any outstanding amounts from any monies owed to the customer on any account whatsoever. The Company may debit the customer with bank charges incurred by the Company for representation of any failed cheque or other failed method of payment.
2.13. Interest on any outstanding amounts may be charged which shall accrue from the due payment date until the date of payment at a rate of 2% above National Westminster Bank plc’s base lending rate from time to time in force. No payment shall be deemed to have been made until the Company’s account is credited with the relevant cleared funds.
2.14. The customer may not withhold or make any deduction from or set off against any payment due to the Company for any reason.
3.1.The Company will (at the Company's option) either replace, repair or refund the price (at the Company's sole option) of any Goods (including reasonable delivery costs) which are shown to the Company's reasonable satisfaction to be defective in materials or workmanship at the time of delivery or to be a shortfall in quantity delivered provided that:
- the customer inspects the Goods on delivery and notifies the Company within three (3) days of delivery of any alleged defects, shortage in quantity or damage. If the customer fails to comply with these provisions, the Goods shall be deemed conclusively to be in accordance with the Contract and free from any defect or damage which would be apparent on a reasonable examination of them;
- when signing for deliveries the customer must state clearly on the delivery note any damage or shortages;
- loss or non-delivery must be notified in writing to the Company and to the carrier within seven (7) working days of the despatch date on the advice.
- where a defect would not have been apparent on a reasonable examination under clause 3.1(a), the customer notifies the Company as soon as reasonably possible when the defect becomes apparent or within three hundred and sixty five days (365) days of delivery whichever is earlier; and
- the customer provides all information and assistance required by the Company to investigate any suspected defect and, if required, permits the Company to inspect the Goods concerned at any premises where the same are located.
- The customer has adhered to all care and maintenance requirements for the Goods (for example, washing instructions on apparel, appropriate use of balls and care sheet).
- The customer will arrange for the return of all Goods and will be responsible for all delivery costs associated with the return of the Goods. Delivery costs will be credited to the customer upon request (up to a maximum of £7.50) if the Goods are deemed by the Company (at the Company's discretion) as faulty.
3.2. Customers must always contact the Company prior to returning any Goods. Goods which are returned without an authorisation code on the outside of the packaging will be rejected by the Company and the Goods will not be replaced, repaired or Refunded in accordance with these Terms and Conditions.
3.3. Clause 3.1 defines the Company's full liability in respect of the Goods. All other conditions, warranties or other undertakings concerned with the Goods whether express or implied by statute, common law, custom, usage or otherwise, are excluded except that nothing in these Terms shall exclude any liability of the Company for death or injury resulting from negligence or for breach of terms as to title under Section 12 of the Sale of Goods Act 1979.
3.4. Without prejudice to the provisions of clauses 3.1 and 3.2, the Company shall not be liable for any costs, claims, damages, losses or expenses arising out of any tortious act or omission or any breach of contract or statutory duty calculated by reference to profits, income, production or accruals or loss of such profits, income, production or accruals.
3.5. Save where the law prohibits such limitation of liability and without prejudice to clauses 3.1, 3.2 and 3.3, the liability of the Company shall not in any circumstances exceed the invoice value of the Goods.
3.6. No unwanted Goods may be returned without the Company's prior written agreement. Any returns of unwanted Goods which the Company agrees to accept must be forwarded carriage prepaid to the Company. For returns that require repackaging or re-boxing, a 10% restocking fee will be made.
The customer will arrange for the return of all unwanted goods and will be responsible for all delivery costs associated with the return.
- Title and Risk
4.1 The passing of title and risk in the Goods supplied by the Company shall be as follows:
- Goods shall be at the customer's risk as soon as they are delivered to the customer's UK premises or other agreed destination and without limitation to the foregoing the customer shall be solely responsible for their custody and maintenance;
- The legal and beneficial title to the Goods shall remain the Company’s property until the Company has received unconditional payment in full (in cash or cleared funds) for:
- the Goods; and
- all payments to be made by the customer under this Agreement and any other agreement between the Company and the customer and on any other account whatsoever.
- until the legal and beneficial title to the Goods passes to the customer in accordance with these Terms, the customer shall:
- be entitled to re-sell the Goods only in accordance with clause 4.1(e);
- hold the Goods on a fiduciary basis as bailee for the Company;
- keep the Goods labelled as belonging to the Company and separate and identifiable from all other goods in its possession;
- not remove, deface or obscure and identifying mark or packaging on or in relation to the Goods;
- give the Company such information relating to the Goods as the Company may from time to time request;
- immediately notify the Company if it becomes subject to any of events listed in clause 4.3;
- keep the Goods in satisfactory condition and comprehensively insured against loss or damage by accident, fire, theft and other risks usually covered by insurance in the type of business carried on by the customer in an amount at least equal to the balance of the payments due hereunder for the same from time to time remaining outstanding. The policy shall bear an endorsement recording the Company’s interest, and the customer shall promptly provide a copy of such endorsement at the Company’s request.
- If the customer does anything or fails to do anything which could cause it to become subject to any of the events listed in clause 4.3 or if the Company reasonably believes any such event is about to happen, then:
- the customer’s right to possession of the Goods shall immediately cease;
- the customer’s right to resell the Goods to its clients pursuant to clause 4.1(e) shall immediately cease; and
- in addition to any other right or remedy the Company may have, the Company may at any time require the customer to deliver up the Goods and, if the customer fails to do so promptly (or if the Company has any reason to believe the customer will not do so), enter any premises or land occupied or owned by the customer to remove the Goods; and
- If the customer fails to pay for any or all of the Goods in accordance with these Terms, then in addition to any other right or remedy the Company may have:
- the Company shall have the power to resell the Goods, such power being additional to (and not in substitution for) any other power of sale arising by operation of law or implication or otherwise; and
- the Company and its servants and agents may forthwith enter upon any premises or land occupied or owned by the customer to remove the Goods.
4.2. The customer expressly shall not be entitled to re-sell the Goods as part of a sale of all or part of the customer’s business without the prior written consent of the Company, and:
- may only re-sell the Goods to the customer’s clients in the ordinary course of the customer’s trading business as a fiduciary and trustee for the Company; and
- without prejudice to the equitable rules as to tracing, in the event of any resale by the customer of the Goods, the Company's beneficial entitlement shall attach to the proceeds of sale or other disposition thereof so that such proceeds or any claim therefore shall be assigned to the Company and until such assignment shall be held on trust in a separate identified account for the Company by the customer and such proceeds shall not be mingled with other monies or paid into any overdrawn bank account and shall at all times be identifiable as the Company’s monies;
4.3. The Company or any related companies shall have the right to cancel all or any contracts with the customer or withhold delivery of any Goods if:-
- the customer fails to pay any monies owing to the Company or any related companies by the due date;
- the customer commits any breach of any contract with the Company or any related companies; or
- the customer compounds with or executes an assignment for the benefit of its creditors or commits any act of bankruptcy or goes into liquidation or has a receiver, administrative receiver or administrator appointed over all or part of its assets or has a third party levy distress on their property, or proposes terms for a company voluntary arrangement or enters into a company voluntary arrangement or enters into any other scheme of arrangement, whether formal or informal or is placed into any other formal insolvency process, or suffers any similar or analogous act.
In the event of delivery being withheld, the Company shall be entitled as a condition of resuming delivery to require pre-payment of or such security as it may require for the payment of the price of any further delivery.
4.4. The construction, validity and performance of all Contracts between the parties shall be governed by English law and shall be subject to the exclusive jurisdiction of the English Courts although this shall not limit the right of the Company to commence proceedings in any other jurisdiction the Company deems appropriate.
4.5. Any suggested retail prices quoted in the Company’s price lists or catalogues shall not limit the customer’s right to set its own retail prices.
4.6. The Company shall not be liable in any way for loss, damage or expense arising directly or indirectly from any failure or delay in performing any obligation under any contract caused by any circumstances beyond its reasonable control, which shall, without limiting the generality of the foregoing, be deemed to include war or any other action of military forces, terrorism, riot, civil commotion, sabotage, vandalism, accident, break-down or damage to machinery or equipment, fire flood, legislative or administrative interference, acts of God, strike, lock-out or other industrial disputes (whether or not involving employees of the Company) or shortage of materials or the Company’s inability to procure materials or supplies. On the occurrence of any such event, the Company may at its discretion, perform, suspend performance of or terminate the contract.
- Intellectual Property
5.1. The Customer shall ensure that no trade mark or logo used on or in connection with any of the Goods or their packaging is added to, obscured, removed, defaced, altered or otherwise interfered with in any way.
5.2. Trade marks and/or logos applied to any of the Goods may be used in advertising material intended for use in retail outlets or in catalogues for the purpose only of promoting the retail sale of the Goods concerned and provided that the Company’s prior written consent is obtained.
5.3. Except as permitted by clause 27 above the customer shall not make any use of any logo or trade mark owned or used by the Company (whether in connection with the goods or otherwise) or any part thereof for any purpose whatsoever.
- Product Care and Printing
6.1. The customer shall follow all care instructions and take all necessary precautions to protect the material and colour of the Goods. In this regard, the customer should note that all fabric will discolour by staining and/or perspiration; lighter colours will discolour more than darker; and fabric printed by sublimation process can re-print if subjected to temperatures over 70°C.
6.2. The Company will not accept any liability for or replace Goods which have been discoloured or damaged as a result of the customer’s (or customer’s customer’s) failure to comply with any product care instructions provided by the Company, including but not limited to discolouring or damage as a result of staining and/or perspiration or which have re-printed, or which receive further print or embellishment or customising processes from sources other than the Company.
6.3. Whilst the Company takes care to ensure that the colours printed in its catalogues or brochures are an accurate reflection of the colours of its products, variations will occur. Materials of different fibres in the same garment can also vary in colour during wear and laundering and no liability can be accepted by the Company for those variations.
6.4. The Company takes care to accurately reproduce customers’ requirements for additional printing on its products such as sponsors, names, numbers or letters. The Company cannot however guarantee an exact reproduction and slight variations will occur for which no liability will be accepted.
- Sales Outside the United Kingdom
7.1. The customer shall not solicit orders from any person outside the UK but within the EEA where such person is in a territory exclusively reserved to the Company or allocated by the Company to a third party. For the avoidance of doubt, the customer shall be entitled to make sales of the Goods outside the UK but within the EEA in response to unsolicited orders or in territories within the EEA which have not been exclusively reserved to the Company or allocated by the Company to a third party.
7.2. The customer shall refer to the Company all enquiries it receives for the Goods which relate to sales outside or export from the EEA.
7.3. The customer shall not sell or cause or permit to be sold, directly or indirectly:
- any Goods outside of the EEA; or
- any Goods within the EEA where, to its knowledge, such Goods are intended for re-sale or distribution outside the EEA.
In particular (but not without prejudice to the generality of the foregoing) the customer shall not engage in advertising by reference to the trade marks aimed at any place outside the UK or use any branch or distribution depot outside the UK for the sale or marketing of the products.
- Fraud Prevention, Fraud Screening and Age and Identity Verification Checks
8.1. By confirming your order, including by taking the positive step of ticking the relevant box on our website, you will be indicating that you have read, understood and agree to these e-commerce terms and conditions and that you explicitly consent to your personal information being used by us, our third party service providers and Fraud Prevention Agencies (as further described below) for the following purposes. You should not confirm your order or tick the relevant box on our website unless you consent to this use of your personal information. If you have any questions at all about this, please contact us at XXXXXX before you proceed with your purchase.
8.2. Your personal information including your full name and address, your bank account and card payment details and your sensitive personal data will be used for fraud prevention, fraud screening and age and identity verification purposes. This personal information may be disclosed to and used by fraud prevention agencies (“FPAs”) for all such purposes and those agencies may keep a record of it where permitted by the Data Protection Act 1998 (as amended and/or replaced from time to time). This personal information will also be disclosed to third parties providing fraud prevention, fraud screening and age and/or identity verification services us.
8.3. As part of this, we may check the following records about you:
- our own records;
- records held by third parties providing services to us; and
- records at fraud prevention agencies (FPAs).
8.4. The checks described above may include assessing and verifying identities to prevent and detect fraud. The information we obtain from third parties providing services to us and FPAs will help us to decide whether we are willing to accept payments from you through our website(s) and whether to complete the payment process through our website(s).
8.5. As explained above, personal information about you may be sent by us to FPAs and recorded by them. In addition, we may give details of the payments you make to FPAs. All such information may be supplied by the FPAs to other organisations in order that they may perform similar fraud prevention, fraud screening and age and identity verification checks against you, including as part of online transactions and otherwise. Records remain on file for up to 6 years after checks are carried out.
8.6. If you give us false or inaccurate information about yourself and if we suspect fraudulent payments and/or identity fraud we will record this and may also pass this information to FPAs and other organisations involved in crime and fraud prevention. We and other organisations may access and use information which relates to you and which is recorded by FPAs in other countries.
8.7. This section constitutes a short form explanation about how your personal information may be used by us in conjunction with the FPAs. If you would like to obtain full details about this, please contact us at XXXXXXXXX
9.1. The customer shall also comply with all applicable laws, regulations, codes and sanctions relating to anti-bribery and anti-corruption and shall act in accordance with the Company's policy in this regard in all dealings with or on behalf of the Company.
9.2. Any part of these Terms which is void or unenforceable shall be deemed severable and shall not affect any other part of these Terms.
9.3. No waiver or forbearance by the Company (express or implied) in enforcing any of its rights under a Contract shall prejudice its right to do so in the future.
Our cookies do not keep personally identifiable information. None of the data we get from cookies will contain information that will enable anyone to contact you via telephone, email, or any other means.
You can block cookies by activating the setting on your browser which allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies, you may not be able to access all, or parts of the website.
Please visit www.aboutcookies.org to find out more about cookies.
Pentland Brands Limited is committed to protecting and respecting your privacy.
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
If you would prefer your personal data was not used in the manner described in this policy, you should not use our websites or services.
For the purpose of EU and UK data protection law, the data controller is Pentland Brands Limited, 8 Manchester Square, London, W1U 3PH.
INFORMATION WE COLLECT FROM YOU
We will collect and process the following data about you:
MADE OF THE INFORMATION
We use information held about you in the following ways:
Information you give to us. . We (and our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006) will use this information:
Information we collect about you. We will use this information:
Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).
LEGAL BASIS FOR PROCESSING YOUR INFORMATION
We will only process your personal data where we have a legal basis to do so. The legal basis will vary depending on the purposes for which we have collected and use your personal data. In almost all cases, the legal basis will be one of the following:
DISCLOSURE OF YOUR INFORMATION
We may disclose your personal data to the following third parties, for the purposes set out below:
We may also disclose your personal data to third parties in the following circumstances:
WHERE WE STORE YOUR PERSONAL DATA
Whenever we transfer your information as described in the paragraph above, we will take steps which are reasonably necessary to ensure that adequate safeguards are in place to protect your personal data and to make sure it is treated securely and in accordance with this Privacy Notice. In these cases, we rely on approved data transfer mechanisms (such as the EU “Standard Contractual Clauses”) to ensure your information is subject to adequate safeguards in the recipient country. If you are located in the EEA, you may contact us for a copy of the safeguards which we have put in place to protect your personal data and privacy rights in these circumstances.
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our websites or applications, you are responsible for keeping this password confidential. We must not share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
We may collect and store personal data on your device using application data caches and browser web storage (including HTML 5) and other technology.
THIRD PARTY SITES
Our websites and applications may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link, please note that those websites and applications will have their own privacy policies and we do not accept any responsibility or liability for them. Please check their policies before you submit any personal data.
RETENTION OF YOUR INFORMATION
We take steps to ensure that the personal data that you provide is retained for only as long as it is necessary for the purpose for which it was collected. After this period it will be deleted or in some cases anonymised.
Where we have collected the personal data based on your consent and we have no other lawful basis to continue with that processing, if you subsequently withdraw your consent then we will delete your personal data.
MARKETING AND HOW TO UNSUBSCRIBE
You have the right to ask us not to process your personal data for marketing purposes. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org
You can unsubscribe from our marketing emails at any time by clicking on the Unsubscribe link at the bottom of the email you’ve received. Should you experience any problems please call our Customer Services Team who will assist you with unsubscribing from our database.
If you have asked us to stop sending emails and this hasn’t happened, it may be because the email address to which we are sending information is not the same as the address you sent your request from. Please check the address we are using and include this information in your request. The easiest way to do this is to return to us the whole of the unwanted email. The address we are sending to is included within the message.
DELETING YOUR ACCOUNT
You can close your account with us at any time by contacting our email@example.com. If you choose to close your account, please note that you will no longer be able to access our website. We will delete the personal data associated with your account within a reasonable period, other than personal data which we have a need to retain for our internal business records (for example, data related to purchasing history).
Data protection law gives you certain rights in relation to your personal data. These include: the right to access information held about you, the right to object to it being used for certain purposes (for example marketing, as explained above), and the right to have personal data deleted, restricted and in certain cases to receive a machine-readable copy of your personal data.
If you would like to exercise your right of access, to the extent you cannot access your information by logging into your online account, please submit your request at firstname.lastname@example.org. If permitted by applicable law, any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you. For information about how to request the deletion of your personal data, see the section on ‘Deletion’ above.
We will handle any request to exercise your rights in accordance with applicable law and any relevant legal exemptions. If you wish to exercise any of these rights please conduct us using the contact details below.
You may also have the right to complain to a data protection authority if you think we have processed your personal data in a manner which is unlawful or breaches your rights. If you have such concerns we request that you initially contact us (using the contact details below) so that we can investigate, and hopefully resolve, your concerns.
Except as otherwise provided, Pentland Brands will not disclose any information processed by us to any third party, unless required to do so by law.