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.karenmillen.com , and www.shutl.karenmillen.com (the "Website").
This website and the Goods are provided by Karen Millen Fashions Limited, a company registered in England under number 6822177 with a registered office at The Triangle, Stanton Harcourt Industrial Estate, Stanton Harcourt, Witney, Oxfordshire, OX29 5UT ("we", "us", "our"). When we refer to "you" and "your" we mean the user of the Website and purchaser of Goods.
The website www.shutl.karenmillen.com used for the ‘from 90 minute delivery service’ is operated for and on behalf of Karen Millen by Eagle Eye Solutions Limited a company registered in England under number 4745717 whose registered office is at 1 The Croft, Elstead, Goldalming, Surrey GU8 6JL.
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:
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 enquiries@karenmillen.co.uk.
Part 1 - Information about the Website and the Goods
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
Part 2 – Buying and Reserving Goods and Delivery
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.
Please refer to part 4 for the special terms and conditions relating to the from 90 minute delivery services whereby the staged purchase process is varied
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 with the exception of from 90 minute orders, whereby payment will be processed upon receipt of your Order.
An offer made by you to purchase a product shall only be deemed to be accepted by us when we despatch 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.
You must select your delivery country in the drop down box at the top right-hand side of the page during navigation of the site or during the checkout process. Prices will then automatically be shown in your local currency. For example, if you select France as your delivery destination, you will see Euro prices and your transaction will be in Euros.
All prices are, unless otherwise stated, inclusive of VAT and other applicable taxes. Our VAT number is: 927 5704 05
All prices and charges on the Website are in UK pounds sterling (although we provide an indicative price in euros). 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 – Reserving Goods
You make an offer to reserve Goods for collection in store (your "Reservation") by completing the staged process on the Website as set out below:
Selecting the ‘reserve’ option in your shopping basket;
- Entering your postcode for the location in which you are placing your order (e.g. home);
- Selecting a store from the five options provided;
- Create a new user account or log in as an existing user if you are a returning customer; and
- Accept the summary order.
Your Reservation does not form a binding contract until your Goods have been collected in store and paid for in full.
On receipt of your Reservation, we will send you a Reservation acknowledgement email to the email address which you provide in the Reservation process. This Reservation acknowledgement email will contain your Reservation number, details of the Goods reserved and a delivery estimate. Note that this email is only to acknowledge that your Reservation has been received, and is not acceptance by us of any offers to purchase Goods.
The reservation and collection service is available in stand alone stores only throughout the UK and Ireland.
Please take two forms of personal identification e.g. driving license or utility bill and your reservation to the store for collection.
Goods reserved will only be held within your nominated store for collection for a period of one working day. We will not always be able to deliver Pre-Order Goods within 30 days of the date you place your order. The Website will specify when we expect the Pre-Order Goods to become available but this is an indication only and we will not be obliged to dispatch the Pre-Order Goods to you within this time as problems with new products can occur and suppliers may let us down. As with all Goods, an offer made by you to purchase Pre-Order Goods shall only be deemed to be accepted by us when we dispatch the Goods to you and send you an Order dispatch email.
If you order Goods from our Website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Part 2c – 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.
Part 3 – General terms relating to our relationship with you
This Part 3 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 licence 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
Part 4 – Special terms and conditions relating to the from 90 minute delivery service
In the event that you are eligible for our from 90 minute delivery service and select this option, you will be redirected to the following site operated by Eagle Eye Solutions Limited shutl.karenmillen.com. Delivery charges for products ordered from this site will be charged at a flat fee of £14.99 .
The terms and conditions referred to above will apply to an order placed through our from 90 minute delivery service unless expressly stated.
The staged process by which you complete your order through the from 90 minute service is as set out below:
- Adding product to your shopping basket;
- Adding details of any promotional discount that you may be entitled to;
- Selecting the 90 minute delivery option at the checkout. At this point you will be redirected to shutl.karenmillen.com;
- Inserting address details to ensure eligibility, subject to stock and courier availability;
- Confirmation of order and payment through the redirected website.
Any Orders placed through the from 90 minute delivery service will not be detailed under the My Account section of karenmillen.com. Confirmation and email communication will be sent directly from shutl including the ability to track orders via GPS.
Any promotional code must be inserted before you are redirected to shutl.karenmillen.com in order for it to be applied to your Order.
Products ordered are subject to availability and if a product is not available we will provide you with a full refund for that product. A product which is not available will not be included in the contract for a product which is despatched.
If your full order cannot be fulfilled we will contact you to confirm whether you wish to continue with the remainder of your Order. If you cannot be contacted upon the day that your order is placed we will proceed to fulfill your Order with the stock available.
If you want to return any products to us you must within one month of receiving the Goods (14 days for reduced or sale) products return the Goods to us by returning them to a UK stand alone store with your till receipt and your order confirmation email in order to receive a refund or an exchange. No other method of return will be accepted.
We regret that for reasons of hygiene, we are unable to refund or exchange earrings. 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.
Part 5 – Returning Goods
Please note, Paypal orders cannot be returned to stores, please use the free returns label and return by post.
This Part 5 sets out the terms which govern your right to return any Goods that you do not want to keep. Please refer to part 4 for the special terms and conditions relating to the from 90 minute delivery services whereby the returns process is varied
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 to Karen Millen Fashions Limited, The Triangle, Stanton Harcourt Industrial Estate, Stanton Harcourt, Witney, Oxfordshire, OX29 5UT; or
- on UK sales only by returning them with the returns slip to your nearest stand alone store.
If Goods are returned within the 14 day period, in the manner described below, we will offer you a full refund. We do not offer exchanges or gift vouchers.
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 UK only 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. In addition, on sales in the UK and Ireland, you may either return the Goods by taking them and the returns slip to one of our stores. 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 refund to the payment card 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 enquiries@karenmillen.com 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.
Part 6 - Competition terms and conditions
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 Fashions Limited are not eligible to enter.
Karen Millen Fashions Limited 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 Fashions Limited, 69-77 Paul Street, London EC2A 4PN.
Part 7 - Gift Card terms and conditions
Once activated, the Karen Millen Gift Card is redeemable for full or part payment of products on our website www.karenmillen.com by entering the card number and the PIN number beneath the scratch off PIN panel, and in Karen Millen stand alone stores, within the UK upon presentation. Gift Cards may not be used in concessions. The amount of your purchase will be deducted from the balance on the card.
Gift Cards may only be used in our stand alone stores within the UK and for online purchases.
Gift Cards cannot be refunded, exchanged for cash or vouchers, or be used to settle any outstanding Karen Millen account card.
Please treat your Gift Card as cash, Karen Millen cannot be responsible for lost, damaged or stolen cards and cannot be replaced.
The minimum amount to activate or top up a Gift Card is £1 and the maximum card limit is £1000. Gift cards can be topped up at any till point in store by informing the sales advisor of the amount to be added. Gift Cards are not for resale.
Your Gift Card balance may be checked in store, online at www.karenmillen.com or by phoning Customer Services on 0845 899 4449.
All refunds of goods or services purchased with your Gift Card will be made in accordance with Karen Millen’s refund policy. This does not affect your statutory rights.
Follow the link www.voucherexpress.co.uk/verse/karenmillen in order to purchase a Gift Card online.
If you have made a mistake on your order, please ring Customer Services 0845 899 4449 and we will do our best to rectify the problem.
Gift Cards expire 2 years from its last use. Any balance remaining will be reduced to nil and forfeited.
Gift cards cannot currently be issued or redeemed in the following stores; Bicester, Braintree, Bridgend, Dublin, Dundrum, Gunwharf Quays, Livingstone and Newbridge.
Karen Millen reserves the right to amend these terms and conditions and any such change will be effective once included in the text of the terms and conditions published on www.karenmillen.com in relation to gift cards. You should check the terms and conditions posted on www.karenmillen.com periodically to ensure that you are aware of and comply with the current version.
Gift Card Customer Services: 0845 899 4449
Please click this link to be re- directed to our privacy laws.
Issued by: Karen Millen Fashions Limited
Registered office: The Triangle, Stanton Harcourt Industrial Estate, Stanton Harcourt, Witney, Oxfordshire, OX29 5UT
Gift Card Terms and Conditions - Card
This Gift Card’s use is subject to the current terms and conditions which may be viewed online at www.karenmillen.com
This Gift Card is only redeemable in Karen Millen stand alone stores, or on online purchases. This Gift Card cannot be refunded, exchanged for cash or vouchers, or be used to settle any outstanding Karen Millen account card and will expire 2 years from its last use whereby the balance remaining will be reduced and forfeited. Please treat your Gift Card as cash, Karen Millen cannot be responsible for lost, damaged or stolen cards and cannot be replaced. The balance of this Gift Card can be checked at any time in store, online at www.karenmillen.com or by phoning Customer Services on 0845 899 4449.
The minimum amount to activate or top up a Gift Card is £1, or in the case of Gift Cards issued for use in the ROI €1 and the maximum card limit is £1000, or in the case of Gift Cards issued for use in the ROI €1000. Gift cards can be topped up at any till point in store by informing the sales advisor of the amount to be added. Gift Cards are not for resale.
Part 8 - Promotion terms and conditions
Extra 10% off all sale items with code happy2012 for Karen Millen Black members
*Terms & Conditions: The extra 10% off sale items promotion is redeemable on purchases at Karen Millen stand alone stores and online at karenmillenblack.com only. This promotion is not redeemable at Karen Millen concessions or factory outlets. This offer must be applied at time of purchase and is redeemable on sale items only. This promotion is valid until midnight Saturday 31st January 2012.
