Terms & Conditions

Conditions of Use

Acceptance of our Conditions of Use

1.1 We are Selfridges Retail Limited of 400 Oxford St, London W1A 1AB and subsidiaries and any reference to "we" or "us" or "our" shall be construed accordingly. We own and operate this website.

1.2 We reserve at our absolute discretion the right to vary these Conditions of Use and any other basis upon which this site is to be used. As such, we suggest that you consult periodically this portion of the website so as to check for any changes but please note that your use of the site will be deemed to mean that you have accepted whatever Conditions of Use prevail at the time of such usage of the website as implying that you accept the basis upon which we want our website used.

2. Conditions of use.

2.1 The contents of this website are intended solely for personal, non commercial use and are displayed solely for the purposes of promoting our products and services. You may copy by way of downloading the contents and other materials displayed on this site but only for such personal, non commercial use and only then provided you do not modify, obscure, or delete any copyright or other propriety notices on the site. No right, title or interest in any materials or software is transferred to you as a result of any such copying and, save for such downloading, you may not reproduce or publish, transmit, distribute, display, modify or else sell or otherwise exploit any such downloaded material in any way, in whole or in part, any of the contents, this site, or any related computer programs and databases.

2.2 All website design, the Selfridges trade marks, text, graphics and the selection and arrangement of such material and any computer programs or databases relating to the website are owned by us and can not be used for any purpose other than the limited downloading exercise referred to in Clause 2.1 above.

2.3 Please note that when using this website, you may be directed to other sites and indeed this website might be linked with other sites. As such, please note that we do not assume any responsibility for the accuracy, content or availability of such other sites and shall not be liable for any damages or injury arising from that link or from goods, services or information supplied through such third party links. Moreover, we do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third party sites.

2.4 Any terms and conditions concerning the usage of this website will be governed by the laws of England and any dispute concerning use of this website will be determined exclusively by the English Courts.

2.5 At any time and at our absolute discretion, we may notify you by e.mail, fax or any other communication means, that we require you to desist forthwith from using this website and upon receipt of such notice, you will promptly cease use of the website and destroy all materials downloaded or otherwise obtained from this site in your then possession, custody or control, as well as all copies of such materials.

2.6 While we take all reasonable attempts to exclude viruses from this website, we cannot ensure such attempts will be successful and we do not accept any liability for such viruses. You are recommended to take all appropriate safeguards before downloading information from this website.

2.7 Copyright and other intellectual property rights in any communications, ideas, or other materials submitted or offered to us by you through on or by this website, unless specifically requested by us, shall become our property. Accordingly, we suggest that you do not use the website for the submission of any creative or inventive works or ideas. You agree that no submissions by you to this website must not risk infringing any right of any third party and in addition, you agree that no submissions by you to this website will be or contain libellous or otherwise unlawful, abusive or obscene material or constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make to the website.

2.8 You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services and you shall not use our website to solicit or encourage other persons to commit unlawful acts.

2.9 THIS WEBSITE IS NON TRANSACTIONAL AND CAN NOT BE USED AS A MEANS BY WHICH TO CONCLUDE A CONTRACT WITH US. ACCESS TO OUR WEBSITE IS NOT TO BE TAKEN AS MEANING THAT WE WILL ENTER INTO ANY CONTRACT WITH YOU. THE PRICES AND AVAILABILITY OF ANY PROMOTIONS, GOODS AND SERVICES ADVERTISED ON THIS WEBSITE ARE ALL SUBJECT TO CHANGE, AND AVAILABILITY. WHILE WE TAKE ALL REASONABLE EFFORTS TO KEEP THIS WEBSITE UP TO DATE, THE MATERIAL DISPLAYED IS PROVIDED ONLY BY WAY OF INFORMATION AND NEED TO BE CONFIRMED THROUGH OUR STORES. ACCORDINGLY, IN THE EVENT OF ANY CONFLICT WITH THE INFORMATION PROVIDED HERE AND INFORMATION PROVIDED IN STORE OR BY US BY ANY OTHER MEANS, IT IS THE LATTER WHICH SHALL PREVAIL. MOREOVER, THE INFORMATION AND MATERIALS CONTAINED IN OUR WEBSITE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED AND ALL LIABILITY IS EXCLUDED TO THE FULLEST EXTENT PERMISSABLE UNDER THE APPLICABLE LAW.

2.10 You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to your breach of any of these terms.

2.11 We do not exclude liability for death or personal injury cause by our negligence. We shall not be liable for any losses, damages or injury resulting from your access to, or inability to access this site, or from your reliance on any information contained in this site.

2.12 We encourage discretion when browsing the Internet using our or anyone else's service. Since some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, lawfulness, legality, or decency of material contained in third-party sites and we strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

2.13 Please note that by registering on our website you will provide us with personal details about yourself. We take reasonable precautions to secure any personal data but please note that it is not possible to guarantee the security of transmissions over the Internet so please when using our website, we urge you to exercise appropriate discretion. Please read our privacy statement for details concerning your rights about your personal data.

2.14 We might wish to monitor your use of the website for the purpose of both identifying goods and services which we consider might be of interest to you and then drawing their availability to your attention. As such, we might also wish to pass your personal data to persons outside our organisation who are concerned with the supply of goods and services.

2.15 We will use cookies on our website. These are pieces of information that a website transfers automatically to a user's computer for record keeping purposes. Such devices allow us to monitor what parts of our website are most popular and thus assist us in improving the delivery of our goods and services. Cookies are used to collect valuable marketing information, and your personal data to track from where you accessed our website. You can still use our website if you have cookies turned off. Your browser help section will explain how to disable, block and delete cookies. A help section is typically found in the menu bar at the top of the browser. Some browsers will also provide help if the F1 Key is pressed.In addition, we will collect your IP address should you use this website which is the number assigned to your computer by our servers. If you object to us making such use of your personal data, then please let us know in writing to Customer Services, Selfridges, 400, Oxford St, London W1A 1AB. Further information concerning your rights about your personal data can be viewed in our privacy statement. PRIVACY POLICY - WEBSITE REGISTRATIONS We will treat as confidential all of the Personal Information you give to us when you register with us using the facility on this website. This includes your name, address, email address, telephone contact number(s), gender, date of birth and whether you are a Selfridges card holder. The Personal Information given to us will be used to assist us in providing you with marketing material, including information about special offers, in store events and promotions, as well as providing you with information regarding the areas that you have indicated are of interest to you. We will contact you by email, post or telephone using the contact details given to us. Other than DesignUK, who will act as our agent and store the Personal Information on our behalf, Selfridges will not share your individual Personal Information with any third party without your prior permission. However, we may share non-personal aggregate statistical data with third parties. Your Personal Information is protected in the United Kingdom by the Data Protection Act. You have the right to request in writing to receive a copy of the Personal Information held by Selfridges and the source of the Personal Information. We may charge a £10 fee for providing the Personal Information to you. Please write to the Company Secretay, Selfridges Retail Limited, 400 Oxford Street, London. W1A 1AB. You have a right at any time to request us to stop sending you marketing information. Please write to the Company Secretary, Selfridges Retail Limited, 400 Oxford Street, London. W1A 1AB. This privacy statement forms part of our Conditions of Use. "DesignUK" means DesignUK, 12-14 Denman Street, Piccadilly, London W1D 7HJ. "Personal Information" means the information provided by you on registration "We" and "us" means Selfridges Retail Limited "You" means a User of the registration service on this website. We might wish to monitor your use of the website for the purpose of both identifying goods and services which we consider might be of interest to you and then drawing their availability to your attention. As such, we might also wish to pass your personal data to persons outside our organisation who are concerned with the supply of goods and services. We will use cookies on our website. These are pieces of information that a website transfers automatically to a user's computer for record keeping purposes. Such devices allow us to monitor what parts of our website are most popular and thus assist us in improving the delivery of our goods and services. Cookies are used to collect valuable marketing information, and your personal data to track from where you accessed our website. You can still use our website if you have cookies turned off. Your browser help section will explain how to disable, block and delete cookies. A help section is typically found in the menu bar at the top of the browser. Some browsers will also provide help if the F1 Key is pressed.In addition, we will collect your IP address should you use this website which is the number assigned to your computer by our servers. If you object to us making such use of your personal data, then please let us know in writing to Customer Services, Selfridges, 400, Oxford St, London W1A 1AB.

Standard Terms and Conditions for the Supply of Non-Merchandise Goods and Services

The following terms and conditions shall apply to the Purchase Order. Any purchase by the Company is conditional on acceptance of these terms and conditions by the Supplier. If the Supplier does not wish to accept these terms and conditions, then the Supplier should not accept the Purchase Order, and should inform the Company forthwith.

Definitions:

1.1 “The Agreement” means the Purchase Order and these Terms and Conditions concluded between the Company and the Supplier.

1.2 “The Company” means Selfridges Retail Limited.

1.3 “The Contract Price” means the price that is payable to the Supplier by the Company under this Agreement for the performance by the Supplier of its part under this Agreement as set out in the Purchase Order.

1.4 “The Goods” means all or any of the articles or items that are to be supplied to the Company by the Supplier.

1.5 “The Purchase Order” means the document attached to these terms and conditions detailing the Goods and/or Services to be supplied by the Supplier.

1.6 “The Services” means the services to be performed by the Supplier for the Company under this Agreement and anything created or produced as a result of the Services.

1.7 “The Supplier” means the person, firm or company supplying Goods and/or Services to the Company under this Agreement.

2. Assignment and Sub-contracting

The Supplier shall not assign, transfer, sublet or subcontract the whole or any part of this Agreement without the prior written consent of the Company.

3. Bribery

The Supplier shall not give, nor offer to give, anyone employed by the Company an inducement of any kind, or any gift that could be perceived by others to be a bribe. Any such breach shall be a breach which is considered incapable of remedy.

4. Intellectual Property and Confidentiality

4.1 Unless otherwise agreed in writing, all intellectual property and other rights in the Goods and/or Services shall vest in the Company upon their creation (except patents). The Supplier shall do all such things and execute all such documents as the Company may require in order to perfect such vesting. The Supplier shall ensure that it includes corresponding provisions in its contracts with its sub-contractors and suppliers.

4.2 Any confidential information supplied by the Company to the Supplier (including the details of the Purchase Order), shall be kept confidential and shall only be used for the performance of its obligations under this Agreement. Upon request, and in any event upon expiry or termination of this Agreement for whatever reason, the Supplier shall destroy forthwith (or at the Company’s written request, return forthwith to the Company) any confidential information provided under this Agreement.

5. Price Variation

The Contract Price stated in the Purchase Order shall be held firm for the period and/or quantity stated unless specifically stated otherwise.

6. Documents

All advice notes, invoices and packing notes shall be clearly marked with the Supplier’s name and address, the Purchase Order number provided by the Company, item code, description and destination.

7. Quality and Performance

The Goods and/or Services shall conform with any specifications and/or requirements communicated by the Company to the Supplier, be of sound design, materials and workmanship; be fit for the purpose for which they are procured; and be capable of the required performance. All Services performed under this Agreement must be executed in an efficient and professional manner to the highest prevailing standards and to the satisfaction of the Company.

8. Inspection and Testing

Before despatching Goods, the Supplier shall, and if previously agreed, the Company may, inspect and test them for compliance with any specifications and/or any other provisions communicated to the Supplier by the Company. If in the Company’s opinion, the Goods and/or Services do not comply with said specifications, the Company shall inform the Supplier in writing. The Supplier shall take such steps as may be necessary to ensure such compliance.

9. Extension of Time

If, for any cause beyond the reasonable control of the Supplier, delivery of the Goods, or performance of the Services, is delayed, the time for delivery/performance may be extended, with the written permission of the Company, by a reasonable period. Notification of anticipated delay must be communicated to the Company at the earliest possible opportunity indicating the reasons.

10. Delivery

10.1 The Supplier shall deliver the Goods or Services in accordance with this Agreement. Time shall be of the essence in respect of all deliveries made under this Agreement.

10.2 Part deliveries may be rejected unless the Company has previously agreed in writing to accept such deliveries.

11. Cancellation and Re-scheduling The Company may cancel an order for Goods and/or Services made by the Purchase Order by giving the Supplier reasonable notice in writing. The Company may require the rescheduling of delivery of the Goods (or some of them) by giving the Supplier reasonable notice in writing.

12. Risk and Title Risk in the Goods or output of the Services shall pass to the Company on delivery to the address specified in the Purchase Order. Title in the Goods or output of the Services shall pass to the Company upon delivery, unless otherwise agreed in writing and the Supplier warrants that it has the right to sell the Goods to the Company and that the Goods will be free of all encumbrances. The Company reserves the right to take possession of the Goods to which it has title.

13. Damage or Loss in Transit Any Goods lost or damaged in transit shall be restored or replaced by the Supplier at the Supplier’s expense and to the Company’s satisfaction. Delivery shall not be deemed to have taken place until restoration has taken place to the satisfaction of the Company or replacement Goods have been accepted. Goods shall be deemed not to have been delivered if a receipt from an authorised officer of the Company cannot be produced by the Supplier.

14. Rejection If, within 3 months of the date of delivery, the Goods and/or Services fail to comply with the order placed by the Company, the Company may, by written notice to the Supplier reject the whole or any part of the Goods and/or Services. The Company may without prejudice to its other rights and remedies accept replacement Goods and or re-performed Services at the Supplier’s expense.

15. Terms of Payment

15.1 The Company shall pay the Supplier the Contract Price within 45 days of date of receipt of a correctly prepared and undisputed invoice.

15.2 Invoices shall not be presented by the Supplier until completion or delivery of all the Goods and/or Services which are the subject of the Purchase Order unless otherwise agreed in writing.

15.3 In the event that the Company has informed the Supplier that an invoice or particular amount is under dispute, any monies paid by the Company to the Supplier shall not be applied against any invoice or amount under dispute.

15.4 All prices shall be exclusive of VAT unless otherwise stated in this Agreement.

15.5 If requested to do so by the Company, the Supplier shall accept payments of monies due by electronic funds transfer through BACS Ltd or other electronic payment means.

15.6 The Supplier accepts electronic payments as good discharge of indebtedness under This Agreement.

15.7 If any undisputed monies are not paid by the due date, then the Supplier may charge interest on such undisputed monies on a day to day basis from the date payment fell due, (or such other date as may be agreed in writing between the parties), to the actual date of payment (both dates inclusive) at the rate of three (3) per cent per annum over the base lending rate of the Bank of England from time to time. The Supplier acknowledges and agrees that this Clause provides the Supplier with a substantial remedy in respect of any late payment of sums due under this Order and any right to receive statutory interest (as defined in the Late Payment of Commercial Debts (interest) Act 1998) shall not apply to any payment of monies under this order.

16. Liability

16.1 This clause prevails over all other clauses and sets forth the entire liability of the Company to the contractor in relation to the goods whether in contract, tort or otherwise (including but not limited to, liability for any negligent act or omissions).

16.2 The Company shall be liable to the Supplier as expressly provided in this Agreement but shall have no other obligation, duty or liability whatsoever in contract, tort or otherwise (including but not limited to, liability for any negligent act or omissions) to the other.

16.3 The Company and the Supplier does not exclude or limit any liability for:

16.3.1 personal injury including sickness and death to the extent that such injury results from the negligence or wilful default of itself, its servants, agents or subcontractors; or,

16.3.2 any breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or,

16.3.3 fraud or fraudulent misrepresentation.

16.4 Except as provided in clause

16.3 the Company’s maximum aggregate liability to the Supplier in contract, tort or otherwise (including, but not limited to, liability for any negligent act or omissions) for damages which are not otherwise limited or excluded under this Agreement shall not exceed 100% of the Contract Price as specified in the Purchase Order.

16.5 Except as provided for in clause

16.3 the Company shall not be liable to the Supplier under or in connection with this Agreement, whether in contract, tort (including negligence), misrepresentation (other than where made fraudulently), breach of statutory duty or otherwise for:

16.5.1 Any loss of business, contracts, profits, anticipated savings, goodwill, or revenue; or 16.5.2 For any direct or consequential loss whatsoever incurred by the Supplier, whether or not the Company has been advised in advance of the possibility of any such loss.

16.6 The Supplier shall insure against any potential liability arising under this Agreement with a minimum limit of indemnity of £5 million in any insurance year or such other sum as may be agreed between the Supplier and the Company. Such insurance cover shall in no event be cancelled or allowed to lapse by the Supplier during the term of this Agreement and the Supplier shall give the authority 30 days prior written notice before such insurance is cancelled or is altered in its scope or coverage. If the Supplier notifies or fails to notify the Company of the cancellation or lapse of its insurance or the Company becomes aware of such, the Company shall have the right to terminate this Agreement forthwith by notice in writing.

16.7 The Supplier shall fully and effectively indemnify and hold harmless the Company on demand from and against all claims, demands, losses, costs, charges and expenses (including, without limitation, legal expenses) arising from or incurred by reason of any infringement of alleged infringement of any intellectual property rights by the provision or use of the Goods or any part thereof.

16.8 Subject to the following provisions in the event of any claim, demand or action being made to which clause 16.7 applies the Supplier shall, at its own expense, promptly take one or more of the following actions:

16.8.1 use all reasonable efforts to procure for the benefit of the Company the right to continue using the infringing Goods; or modify or replace any infringing Goods so that there is no further infringement, provided that such modification or replacement shall be effected by the Supplier with

16.8.2 the minimum of interruption to the operation of performance of the Goods in accordance with this Agreement.

17. Compliance The Supplier and its personnel shall at all times comply with all laws including statutes, regulations and by-laws of local or other authorities. The Company shall allow the Supplier access to its premises as necessary for the delivery of the Goods and/or Services. The Company may refuse admission to the Supplier’s personnel or require such personnel to leave its premises at any time. Whilst on the Company’s premises, the Supplier shall abide by the Company’s rules and regulations relating to the premises.

18. Termination and Suspension of Services Without limitation either party may by notice in writing immediately terminate this Agreement if the other shall:

(a) be in material breach of any of the terms of this Agreement which, in the case of a breach capable of remedy, shall not have been remedied by the party in breach within 28 days of receipt by it of a notice in writing from the other party specifying the breach and requiring its remedy;

(b) be incompetent, guilty of gross misconduct and/or any serious or persistent negligence in the provision of his services hereunder;

(c) fail or refuse after written warning to provide the services reasonably and properly required hereunder. Either party shall be entitled forthwith to terminate this Agreement with immediate written notice to the other if that other party is unable to pay its debts or if a Company enters into compulsory or voluntary liquidation (other than for the purpose of reconstruction or amalgamation) or compounds, with, or convenes a meeting of its creditors or has a receiver or manager or administrator appointed or ceases for any reason to carry on business or takes or suffers any similar action which in the opinion of the party giving notice means that the other may be unable to pay its debts.

19. Contracts (Rights of Third Party) Act 1999 The parties acknowledge and agree that nothing in this Agreement shall confer on any third party any benefit, nor the right to enforce any of its provisions.

20. Waiver Any failure by the Company to insist at any time upon the performance of any of the terms, provisions or undertakings of the Supplier contained in this Agreement or to exercise any rights thereunder shall not constitute to be construed as a waiver thereof or a relinquishment of the Company’s rights to require the future performance of any such term, provision or undertaking but the obligation of the Supplier with regard to the same shall continue in full force and effect

21. Time of the Essence The time for delivery and or completion of the Goods and or Services to be performed under this Agreement shall be of the essence and conform with any times given in this Agreement.

22. No Agency This Agreement does not create a partnership between the Company and Supplier or make one party the agent of the other for any purpose.

23. Publicity The Supplier shall not, without the prior written permission of the Company, advertise or disclose to third parties that it is providing Goods and/or Services to the Company.

24. Notices Any notice that is required to be served under this Agreement shall be in writing, addressed to the Company Secretary of each company and sent to the registered address.

25. Entire Agreement The Agreement together with these Terms & Conditions sets out the entire terms and conditions relating to the subject of the Agreement. This Agreement shall take priority over any other arrangements, communications (whether verbal or written), or any other documents (including, but not limited to, purchase orders or other terms and conditions) pertaining to the Goods and/or Services issued by, or referred to, by the Supplier.

26 . Governing Law This Agreement shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

Selfridges Retail Limited Registration England 97117 Registered Office 400 Oxford Street London W1A 1AB