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Terms and Conditions
These are the terms and conditions which will apply to your purchase of clothing, accessories and other goods ("Goods") from the Karen Millen web site at www.karen millen.com , and www.shutl.karenmillen.com (the "Website").
This website and the Goods are provided by Karen Millen Australia Pty Ltd., a company registered in Australia under ACN 56 139 645 211 with a registered office at 19 Newton St Richmond Victoria 3121 Australia ("we", "us", "our"). When we refer to "you" and "your" we mean the user of the Website and purchaser of Goods.
These terms and conditions form a legally binding contract between us and you. Your acceptance of the terms and conditions is given when you purchase Goods from us. You should read these terms and conditions carefully before buying anything from this Website.
The terms and conditions contain the following sections:
- Part 1 – Information about the Website and the Goods;
- Part 2 – Buying and Reserving Goods and Delivery;
- Part 3 – Returning Goods;
- Part 4 – General terms relating to our relationship with you; and
- Part 5 - Competition terms and conditions
We reserve the right to change the terms and conditions under which the Website and the Goods are provided. Any such change in terms and conditions will be effective to all new orders once included in the text of these terms and conditions and published on the Website. You should check the terms and conditions posted on the Website periodically to ensure that you are aware of and comply with the current version.
If you have any questions about the terms and conditions, the Goods or the Website please email us at email@example.com
This Part sets out some terms about information on the Website, descriptions of Goods and how you use the Website.
Separate Notices and Disclaimers apply to your use of the Website. By accepting these terms and conditions you also agree to the Notices and Disclaimers.
We try to make sure that all information on the Website, including descriptions of our Goods, and listed prices, are accurate and correct at all times. However, mistakes do happen. We will try to resolve all information errors on the Website as soon as reasonably possible, and if we reasonably think that such an error has affected your purchase of Goods we will try to let you know. However, because we take these steps we will not be liable to you for any errors on the Website.
You should bear in mind that buying clothing and accessories over the internet provides a different shopping experience to buying in-store. In particular you acknowledge that:
- the colours which are shown for the Goods on the Website will depend on many factors – including your display settings;
- all sizes and measurements are approximate;
- all Goods are subject to availability - we may not be able to supply your order;
- any delivery estimates given on the Website or by email are estimates only;
- the Goods and promotions which are offered on the Website may not be available in-store, and vice-versa
This Part sets out some terms which apply to your purchase or reservation of Goods from us through the Website.
Part 2a – Purchase
You make an offer to purchase a product from us (your "Order") by completing the staged process on the Website as set out below:
- Adding product to your shopping basket;
- Checkout step 1 – Login details;
- Checkout step 2 – address details;
- Checkout step 3 – payment details; and
- Confirmation of order.
Your Order only constitutes an offer to purchase Goods from us, and does not form a binding contract until accepted by us. Where you order more than one product your Order contains a series of offers for each product individually.
On receipt of your Order, we will send you an Order acknowledgement email to the email address which you provide in the Order process. This Order acknowledgement email will contain your Order number, details of the Goods ordered and a delivery estimate. Note that this email is only to acknowledge that your order has been received, and is not acceptance by us of any offers to purchase Goods.
We must receive full payment both of the price of the Goods and any delivery charges before we can accept any offers. Where you select to pay by credit or debit card we will process the payment at the time of preparing your Goods for dispatch.
An offer made by you to purchase a product shall only be deemed to be accepted by us when we dispatch that product to you or to your nominated store as selected by you and send you an Order dispatch email which includes details of the product. We reserve the right to refuse any offers in an Order prior to acceptance. If a product is not available we will include details of the unavailable product in the Order dispatch email. A product which is not available will not be included in the contract for a product which is dispatched.
All prices are, unless otherwise stated, inclusive of GST and other applicable taxes.
All prices and charges on the Website are in Australian Dollars. Delivery charges may apply and these will be displayed in the order process.
You are responsible for ensuring that your login details, password and all other details in relation to your account remain confidential at all times.
Part 2b – Delivery
We currently offer the delivery options detailed at http://www.karenmillen.com/DeliveryAndShipping/information/fcp-content
We endeavor to ensure that the Products that you order are provided by the agreed delivery date and where applicable time, however delays are occasionally inevitable due to unforeseen circumstances. Neither Karen Millen or our nominated carrier shall be under any liability for any delay or failure to deliver the Products within the estimated time frame.
Risk of loss and damage of Products passes to you on the date and time of delivery of the Products.
Orders can be returned or exchanged in stores. Please note we cannot refund or exchange sale items except where required by law.
This Part 3 sets out the terms which govern your right to return any Goods that you do not want to keep. When we deliver your Goods to you we will include a returns slip, and information on how to return Goods to us. If you want to return any items you must complete the returns slip and enclose this with the items you are returning.
You can, at any time within 14 days of receiving Goods from us, cancel your contract and return any Goods to us in the condition that they were sold by using the following methods:
- sending them in a securely wrapped parcel with a return authority form enclosed to the address details provided by the Customer Services team
If Goods are returned within the 14 day period, in the manner described below, we will offer you an exchange or gift voucher.
If Goods are returned within the 14 day period, in the manner described below, we will offer you an exchange or gift voucher.
For hygiene reasons earrings cannot be returned if unwrapped unless the item is faulty. Please ensure that Knickers, G-strings and Swimwear are tried on over your own underwear. We reserve the right to refuse returns of items where it is apparent that this has not been done. Please ensure you return them to us in their original condition and packaging, unworn and unwashed, with all labels intact..
We offer a free postal returns service on online sales when all Goods purchased are returned. In order to take advantage of this service, please follow the instructions on the delivery note enclosed with the Goods. Once you decide to return the Goods you must not use them and must take reasonable care of them while they remain in your possession. The Goods must be returned to us intact, undamaged as soon as reasonably possible. We will exchange goods for the price paid for the Goods returned.
Your rights under this Part 3 are in addition to the cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000 as amended or superseded from time to time. If you wish, you may notify us by fax 01865 8834886 or email firstname.lastname@example.org that you wish to cancel your contract before the end of the statutory cancellation period (7 days from the day after you receive the Goods). You must then return the goods to us in the manner specified in the above paragraph.
Nothing under these terms and conditions affects your statutory rights.
This Part 4 sets out some general terms that govern our relationship with you and purchases by you.
We will not be responsible for the performance of any obligations under these terms and conditions in the case of an event outside of our reasonable control, including (but not limited to) strikes, lockouts, failures of third party systems or networks, acts of god, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment.
We warrant to you that any Goods purchased from us through our Website are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Goods you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to loss of income or revenue; loss of business; loss of profits or contracts; and loss of anticipated savings.
We reserve the rights to take any customer account out of use, or terminate any membership to our VIP programme ‘Karen Millen Black’ at any time if it is believed that the website, the products and services available through it, and/or such membership to Karen Millen Black are being misused.
All notices which we need to give to you under these terms and conditions will be sent by us to your registered e-mail address.
These terms and conditions set out the entire agreement between you and us in respect of the sale, purchase and use of the Goods. They supersede any previous agreement or understanding in relation to the subject matter hereof. They may only be varied where separately agreed in writing between you and us.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected.
The interpretation, construction, effect and enforceability of these terms and conditions shall be governed by English Law unless as a matter of law you are entitled to rely on the laws of your country of domicile as a consumer.
You and we agree to submit to the exclusive jurisdiction of the English courts for the determination of disputes for customers in England, and the Scottish courts for customers in Scotland. For all other customers unless as a matter of law you are entitled to bring or defend an action as a consumer in your country of domicile, you and we submit to the exclusive jurisdiction of the English Courts.
The intellectual property rights in all software and content made available to you on or through the Website is our property or the property of our licensors and all such rights are reserved by us and our licensors. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Website nor may you use any such content in connection with any business or commercial enterprise.
Karen Millen is a trade mark belonging to us and no license or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without our written permission.
The celebrities named or featured on karenmillen.com have not endorsed recommended or approved any of the items offered on the site.
Competition winners will be chosen at random and contacted by email to confirm the prize within 14 days of the closing date.
Prizes cannot be exchanged, and no cash alternative will be offered.
Employees of Karen Millen Australia Pty Ltd. are not eligible to enter.
Karen Millen Australia Pty Ltd. has the right to change or substitute prizes.
For details of the winner please send an SAE to the address below after the closing date.
Promoter: Karen Millen Australia Pty Ltd. 19 Newton Street Richmond VICTORIA 3121 Australia